1993-112b:\pretreat.o
ORDINANCE NO. ?
~~~OZ _
AN ORDINANCE AMENDING ARTICLE V ENTITLED "DIRECT AND INDIRECT
DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO
"UTILITIES" BY REPEALING SECTIONS 26-151 THROUGH 26-208 AND
ADOPTING NEW SECTIONS 26-151 THROUGH 26-209; PROVIDING FOR THE
REGULATION AND CONTROL OF WASTEWATER DISPOSAL FACILITIES AND
PRACTICES INCLUDING FEDERAL GENERAL PRETREATMENT REGULATIONS AND
CATEGORICAL PRETREATMENT REGULATIONS; PROVIDING THE PURPOSE AND
SCOPE OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING PROCEDURES
FOR ABATING VIOLATIONS; PROVIDING A MEANS FOR DETERMINING THE CHAR-
ACTER AND CONCENTRATION OF WASTEWATER; PROVIDING FOR THE APPROVAL
OF PLANS, ISSUANCE OF PERMITS AND INSPECTION OF FACILITIES AND RE-
CORDS OF APPLICANTS RECEIVING CERTIFICATIONS; REQUIRING CONNECTION
TO SANITARY FACILITIES; PROHIBITING THE DISPOSAL OF CERTAIN WASTE-
WATER INTO THE POTW; DISTINGUISHING BETWEEN SIGNIFICANT INDUSTRIAL
USERS AND OTHER USERS AND PROVIDING PROCEDURES FOR SIGNIFICANT IN-
DUSTRIAL USERS TO OBTAIN PERMITS; PROVIDING PROCEDURES FOR MONITOR-
ING COMPLIANCE WITH PERMITS AND REVOCATION AND SUSPENSION OF PER-
MITS; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the present pretreatment regulations pertaining to the
disposal of wastewater do not definitively describe the require-
ments and procedures significant industrial users should follow in
obtaining and maintaining permits for the disposing of wastewater
into the POTW; and
WHEREAS, the present regulations relating to the disposal of
wastewater do not adequately advise sanitary sewer customers of the
emergency measures the City of Denton will take in terminating ser-
vice to any customer discharging pollutants into the City's POTW
(Publicly Owned Treatment Works) that present an imminent endanger-
ment to the health, safety and general welfare of the public; and
WHEREAS, the City of Denton has held a public hearing to con-
sider the proposed amendments to the Article V of the Utilities
Chapter of the Code of Ordinances on May 17, 1993; and
WHEREAS, the City Council of the City of Denton finds the
proposed amendments to Chapter 26 of the Code of Ordinances to be
reasonably related to the City's desire to revise its ordinances,
not in full compliance with federal and state water pollution
control and clean water acts, to insure the health, safety and
general welfare of its citizens are protected to the greatest
extent possible; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Chapter 26 of the Code of Ordinances relating
to "UTILITIES" is hereby amended by repealing Sections 26-151
through 26-208 and adopting new Sections 26-151 through 26-209, so
that hereafter the same shall read as follows:
ARTICLE V. DIRECT AND INDIRECT DISCHARGE INTO SANITARY
WASTEWATER SYSTEM
DIVISION 1. GENERALLY
Sec. 26-151. Purpose.
The purpose of this article is to regulate and control waste-
water disposal facilities and practices within the city so as to
protect the health, welfare and property of its citizens and to
ensure that all wastewater disposal facilities and practices are in
compliance with state and federal laws, rules and regulations, in-
cluding all Federal General Pretreatment Regulations and Federal
Categorical Pretreatment Regulations, including the implementation
of a Pretreatment Program approved by the U.S. Environmental
Protection Agency.
Sec. 26-152. Scope.
This article shall apply to the direct or indirect discharge of
all water-carried wastes in the city and shall, among other things,
provide for the regulation of sewer construction in areas within
the jurisdiction of the city, the approval of plans for sewer
construction, the quantity and quality of wastewater discharged,
the degree of wastewater pretreatment required, the issuance of
industrial/ commercial wastewater discharge permits and of other
miscellaneous permits.
(a) Industrial Users within the jurisdiction of this ordinance
shall comply with all Federal General Pretreatment regulations and
with those Federal Categorical Pretreatment Standards applicable to
each. (Title 40, Chapter I, Subchapter N, parts 403-471).
(b) Industrial Users within the jurisdiction of this ordinance
shall comply with all applicable sections of Chapter 26 of the
Texas Water Code.
Sec. 26-153. Definitions.
The following words, terms
article, shall have the meanings
except where the context clearly
and phrases, when used in this
ascribed to them in this section,
indicates a different meaning:
Abnormal strength wastewater means any wastewater having a
suspended solid, BOD, COD, chlorine demand or total phosphate
concentration in excess of that found in normal strength waste-
water.
PAGE 2
Act means Public Law 92-500, as amended, 33 U.S.C. § 1251 et
seq. as enacted by the United States Congress and known as the
Federal Water Pollution Control Act or Clean Water Act.
Approval Authority means Region 6 Administrator of United
States Environmental Protection Agency (EPA).
Approved Methods means analysis performed in accordance with 40
CFR Part 136, "Guidelines Establishing Test Procedures for the
Analysis of Pollutants under the Clean Water Act" and amendments,
or with any other test procedures approved by EPA.
Authorized Representative of the Users means:
(1) if the user is a corporation:
(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 functions for the
corporation; or
(b) The manager of one or more manufacturing production,
or operation facilities employing more than two
hundred fifty (250) persons or having gross annual
sales or expenditures exceeding twenty-five (25)
million dollars (in second-quarter 1980 dollars), if
authority to sign documents has been assigned or
delegated to the manager in accordance with corporate
procedures.
(2) If the user is a partnership or sole proprietorship: a
general partner or proprietor, respectively.
(3) If the user is a Federal, State, or local governmental
facility: a director or highest official appointed or designated to
oversee the operation and performance of the activities of the
government facility, or their designee.
(4) The individuals described in paragraphs 1 through 3, above,
may designate another authorized representative if the authoriza-
tion is in writing, the authorization specifies the individual or
position responsible for the overall operation of the facility from
which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authori-
zation is submitted to the City of Denton.
BOD, means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in
five (5) days at twenty degrees Celsius (20°C), expressed in milli-
grams per liter.
Building means any structure used or intended for supporting or
sheltering any use or occupancy.
PAGE 3
Building drain means that part of the piping of a building
drainage system which receives the discharge of all soil, waste and
other drainage from inside the structure and conveys the drainage
to the building service line outside the foundation wall of such
building.
Categorical pretreatment standard means any regulation con-
taining pollutant discharge limits applicable to a specific
category of users as promulgated by the EPA in accordance with
section 307(b) and (c) of the Act. (33 U.S.C. § 1317) (40 CFR
Chapter I, Subchapter N, Parts 405-471).
Chlorine demand means the difference between the amount of
chlorine added to water, wastewater or industrial wastes and the
amount of residual chlorine remaining at the end of a twenty-minute
contact period.
COD, denoting chemical oxygen demand, means the measure of the
oxygen equivalent of that portion of the organic matter in a sample
that is susceptible to oxidation by a strong chemical oxidant.
Committee means the environmental appeals committee.
Composite sample means a sample that is collected over time,
formed either by continuous sampling or by mixing discrete samples.
The sample may be composited either as a time composite sample:
composed of discrete sample aliquots collected in one container at
constant time intervals providing representative samples irrespec-
tive of stream flow; or as a flow proportional composite sample:
collected either as a constant sample volume at time intervals pro-
portional to stream flow, or collected by increasing the volume of
each aliquot as the flow increases while maintaining a constant
time interval between the aliquots.
Control Authority means the City of Denton acting by and
through its Executive Director of Public Utilities.
Control manhole means an opening giving access to a service
line at some point before the service line discharges to the
wastewater system.
Cooling water means the water discharged from any system of
condensation such as air conditioning, cooling or refrigeration.
Daily Maximum Limit means the maximum allowable discharge of
pollutant during a calendar day. The daily discharge is the ari-
thmetic average measurement of the pollutant concentration derived
from all measurements taken that day.
Direct discharge means the conveyance of wastewater from a
service line uninterrupted to a city public sewer.
Domestic user means a source of the introduction of pollutants
into a POTW from any source not regulated under Section 307(b),
(c), or (d) of the Act.
PAGE 4
Dry closet means an indoor room or an outdoor privy used as a
toilet, but lacking water for conveyance of waste.
EPA means the United States Environmental Protection Agency or
its successor agencies.
Executive Director of Utilities means the chief executive
officer of the utilities department of the city or his authorized
deputy, agent or representative.
Flow rate means the quantity of wastewater that flows past a
particular point in a certain period of time.
Grab sample means a sample which is taken from a wastestream
without regard to the flow in the wastestream and over a period of
time not to exceed fifteen (15) minutes.
Indirect discharge means the conveyance of wastewater to a
public sewer by any means other than direct discharge.
Industrial/commercial user means any nondomestic source dis-
charging pollutants to the City of Denton POTW which is not a
significant industrial user.
Industrial/commercial wastewater discharge permit, referred to
in this article as "industrial /commercial discharge permit," means
a permit required of a significant industrial user to deposit or
discharge waste into any wastewater system under jurisdiction of
the city.
Industrial/commercial wastewater surcharge means a charge, as
set forth in this Code, levied on industrial/commercial users of
the sewage treatment works for the additional costs of treating
wastewater discharges of abnormal strength wastewater.
Interfere means inhibition or disruption of the wastewater
system which contributes to a violation of any requirement of this
article.
Interference means a discharge, which alone or in conjunction
with a discharge or discharges from other sources, inhibits or dis-
rupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and therefore, is a cause of a viola-
tion of the City of Denton's NPDES permit or of the prevention of
sewage sludge use or disposal in compliance with any of the follow-
ing statutory/regulatory provisions or permits issued thereunder,
or any more stringent State or local regulations: Section 405 of
the Act; the Solid Waste Disposal Act, including Title II commonly
referred to as the Resource Conservation and Recovery Act (RCRA);
any State regulations contained in any State sludge management plan
prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine
Protection, Research, and Sanctuaries Act.
PAGE 5
May means that the possibility or likelihood of response
exists; discretionary action.
mg11 means milligrams per liter.
Natural outlet means any outlet into a watercourse, ditch, lake
or other body of surface water or groundwater.
New Source means:
(1) any building, structure, facility, or installation from
which there is (or may be) a discharge of pollutants, the construc-
tion of which commenced after the publication of proposed pretreat-
ment 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 a site at which no other source if
located; or
(b) The building, structure, facility, or installation to-
tally 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 are
substantially independent of an existing source at the
same site. In determining whether these are substan-
tially independent, factors such as the extent to
which the new facility is integrated with the existing
plant, and the extent to which the new facility is
engaged in the same general type of activity as the
existing source, should be considered.
(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 adds 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
(i) any placement, assembly, or installation of
facilities or equipment; or
(ii) significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
PAGE 6
necessary for the placement, assembly, or in-
stallation of new source facilities or equip-
ment; or
(b) Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended
to be used in its operation within a reasonable time.
Options to purchase or contracts which can be termi-
nated or modified without substantial loss, and
contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation
under this paragraph.
Normal strength wastewater means wastewater which, when analy-
zed by the city, shows by weight a daily average of not more than
two thousand eighty-five (2,085) pounds per million gallons (two
hundred fifty (250) milligrams per liter) of suspended solids and
two thousand eighty-five (2,085) pounds per million gallons (two
hundred fifty (250) milligrams per liter) of BOD and two thousand
eighty-five (2,085) pounds per million gallons (two hundred fifty
(250) milligrams per liter) of COD and not more than seventy-five
and one-tenth (75.1) pounds per million gallons (nine (9) milli-
grams per liter) of chlorine demand and forty-one and seven-tenths
(41.7) pounds per million gallons (five (5) milligrams per liter)
of phosphorus and which is otherwise acceptable into a public sewer
under the terms of this article.
NPDES permit means the National Pollution Discharge Elimin-
ations System (NPDES) permit as issued pursuant to section 402 of
the Act (33 U.S.C. 1342).
objectionable waste means any wastewater that can harm either
the sewers, wastewater treatment process or equipment, have an
adverse effect on the receiving stream or otherwise endanger life,
health or property or constitute a nuisance.
Pass Through means a discharge which exits the POTW into waters
of the United States in quantities or concentrations which, alone
or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the City
of Denton's NPDES permit, including an increase in the magnitude or
duration of a violation.
Person means any individual, partnership, co-partnership, firm,
company, corporation, association, joint stock company, trust,
estate, governmental entity or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender
shall include the feminine and the singular shall include the
plural except as otherwise indicated by the context.
pH means the degree of acidity or alkalinity of a solution,
expressed as the logarithm of the reciprocal of the hydrogen ion
concentration in gram equivalents per liter of solution.
PAGE 7
Point of discharge means any discernible, confined and discrete
conveyance or vessel from which wastewater may be discharged into
a public waterway or public wastewater system.
Polluted water means any water, liquid or gaseous waste con-
taining any of the following: soluble or insoluble substances of an
organic or inorganic nature; settleable solids that may form sludge
deposits; grease and oils; floating solids which may cause unsight-
ly appearance; color; phenols and other substances to an extent
which would impart any taste or odor to the receiving stream; and
toxic or poisonous substances in suspension, colloidal state, sol-
ution or gases.
POTW (Publicly Owned Treatment Works) means a treatment works
as defined by Section 212 of the Act through which the City of
Denton wastewater is collected, stored, treated, recycled or re-
claimed. This definition includes all sanitary sewers that convey
wastewater to the contracted POTW treatment plants. For the pur-
poses of this Chapter, "POTW" shall also include any sewers that
convey wastewater to the POTW from persons outside the City who
are, by contract or agreement with the City, and users of the
City's wastewater collection system. The term also means the
municipality as defined in Section 502(4) of the Act which has
jurisdiction over the Indirect Discharges to and the discharges
from such a treatment works.
Pretreatment means the reduction of the amount of pollutants,
the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to, or in lieu of,
introducing 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 an
applicable pretreatment standard.
National Pretreatment Standard or Pretreatment Standard or
Standard: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Section 307(b) and (c) of
the Act, which applies to Users. This term includes:
a. Discharge prohibitions and local limits established pur-
suant to 40 CFR 403.5; and
b. Categorical Pretreatment Standards established pursuant to
40 CFR 403.6.
Privy means an outhouse or similar type small building used as
a toilet where wastes are either buried on site or collected and
disposed of elsewhere.
Public nuisance means all sewage, human excreta, wastewater,
or other organic wastes deposited, stored, discharged or exposed in
such a way as to be a potential instrument or medium in the trans-
mission of disease to or between any person or persons.
PAGE 8
Sanitary sewer means a sewer intended to receive domestic
wastewater and admissible industrial/ commercial wastewater, but to
which storm water, surface water and groundwaters are not inten-
tionally admitted.
Septic tank means any covered watertight tank not connected to
the wastewater system and which is designed for the treatment of
wastewater.
Septic systems (on-site sewerage facilities) means a sewage
treatment system which anaerobically treats sewage through the use
of septic tanks, subsurface drainfield, and methods used for the
disposal of wastewater other than the disposal systems operated
under a permit issued by the Texas Water Commission.
Service line means that part of the horizontal piping of the
building drainage system beginning at the outside foundation wall
and terminating at its connection with the wastewater system.
Sewage means water which contains, or which has been in con-
tact with organic and inorganic contaminants such as human or
animal wastes, vegetable matter, cooking fats and greases, laundry
and dishwashing detergents, and other chemical compounds and waste
product.
Sewer means a pipe or conduit for carrying wastewater.
Sewer system means all facilities which are owned by the city
for collecting, carrying, treating and disposing of wastewater.
Shall means the obligation or necessity to respond; mandatory
action.
Significant Industrial User means:
a. All Users subject to Categorical Pretreatment Standards
under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N;
b. Any User that:
(1) Discharges an average of 25,000 gallons or more of
regulated process wastewater into the POTW during a
twenty-four (24) hour period; or
(2) Has a reasonable potential, in the opinion of the
executive director of public utilities, to (a)
adversely affect POTW operations (including but not
limited to interference, pass through, sludge con-
tamination or endangerment of POTW workers), or (b)
violate any pretreatment standard or requirement.
Significant noncompliance means:
(1) Chronic violations of wastewater discharge limits, de-
fined here as those in which sixty-six (66%) percent or
PAGE 9
more of all of the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit
or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here
as those in which thirty-three percent or more of all of
the measurements for each pollutant parameter taken dur-
ing a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by
the applicable TRC.
(3) Any other violation of a pretreatment effluent limit
(daily maximum or longer-term average) that the City of
Denton determines has caused, alone or in combination
with other discharges, interference or pass through
(including endangering the health of POTW personnel or
the general public);
(4) Any discharge of a pollutant that has caused imminent
endangerment to human health, welfare or to the environ-
ment or has resulted in the POTW's exercise of its emer-
gency authority under provisions of the City of Denton
Code of Ordinance to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule date,
a compliance schedule milestone contained in a local
control mechanism or enforcement order to starting con-
struction, completing construction, or attaining final
compliance;
(6) Failure to provide, within 30 days after the due date,
required reports such as baseline monitoring reports, 90-
day compliance reports, periodic self-monitoring reports,
and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the City
of Denton determines will adversely affect the operation
or implementation of the local pretreatment program.
Slug means any discharge of wastewater concentration of any
given constituent or in quantity of flow for any period longer than
fifteen (15) minutes, more than five (5) times the average twenty-
four (24) hour concentration or flow of normal operations of the
user in question.
Slug load means any pollutant discharge at a flow rate or
concentration which could cause a violation of the specific pro-
hibitions under Section 26-187 or 40 CFR 403.5 (b) to 403.12 (f).
Standard industrial classification (SIC) means a classifica-
tion pursuant to the Standard Industrial Classification Manual
issued by the Executive Office of the President of the United
States, Office of Management and Budget, 1972 or latest edition.
PAGE 10
Standard methods means the latest edition of Standard Methods
for the Examination of Water and Wastewater, prepared and published
jointly by the American Public Health Association, American Water
Works Association and the Water Pollution Control Federation.
Storm drain or storm sewer means a public drainage pipe which
caries storm water and surface waters and drainage, but is not in-
tended to carry wastewater other than unpolluted cooling water.
Storm water means rainfall or any other form of excess water
which is derived from precipitation.
Suspended solids means solids that either float on the surface
of or are in suspension in water, wastewater or other liquids and
which are removable by acceptable laboratory procedures as set
forth in standard methods.
Total dissolved solids means the material left in the vessel
after evaporation of a sample and its subsequent drying in an over
at a defined temperature.
Toxic substance means any substance, whether gaseous, liquid
or solid, which, when discharged to the sanitary sewer in suffi-
cient concentrations, as determined by the executive director of
public utilities, may be hazardous to sewer maintenance and per-
sonnel, tend to interfere with any wastewater treatment process or
to constitute a hazard to human beings or animals or to inhibit
aquatic life or to create a hazard to recreation in the receiving
waters of the effluent from a wastewater treatment plant.
Transport truck discharge (TTD) permit shall mean a permit to
deposit or discharge septic tank, cesspool or seepage pit wastes
into the wastewater system.
Trap means a device designed to skim, settle or otherwise
remove grease, oil, sand, flammable wastes or other harmful sub-
stances from wastewater before entering the wastewater system.
User charge means a charge levied on users of the wastewater
system for the capital cost, as well as the operation and mainten-
ance of such works, as set forth in this Code.
Waste means rejected, unutilized or superfluous substances in
liquid, gaseous or solid form resulting from domestic, agricultural
or industrial activities.
Wastewater means the water-carried wastes which are discharged
into the wastewater system.
Water closet means a compartment or room equipped with a toi-
let that is properly connected to the sanitary sewer and has the
means for mechanical discharge.
Cross reference - Definitions and rules of construction
generally, S 1-2.
PAGE 11
Sec. 26-154. Administration.
Except as otherwise provided, the executive director of util-
ities shall administer the provisions of this article.
Sec. 26-155. Procedures for abatement of violations.
(a) Notice and order. Whenever the executive director of
utilities has determined that any person has violated any provision
of this article or that such violation is continuing, reoccurring
or may reoccur, he may, in addition to any other remedy provided
for in this article, issue a notice and order directing that such
violation be corrected or such other order as is necessary to pre-
vent the violation from continuing or reoccurring. Such notice and
order shall state:
(1) The nature of the violation and the provisions of this
article which have been violated;
(2) The corrective action that must be taken to correct or
abate the violation;
(3) The amount of time within which the violation must be
corrected;
(4) A statement that the person to whom the notice and order
are issued may appeal from the notice and order to the
environmental appeals committee by filing in writing with
the executive director of utilities an appeal and filing
fee within ten (10) days of the service of the notice and
order; and
(5) A statement that failure to comply with the notice and
order and failure to file a timely appeal may result in
termination of wastewater service.
(b) Service of notice and order. Any notice and order issued
under this article shall be in writing and served in person or by
registered or certified mail on the record user or users of the
wastewater system or other persons determined to be responsible for
such violation.
(c) Appeals. Any person may appeal the notice and order of
the executive director of utilities by filing a written notice of
appeal with the executive director of utilities on forms provided
by the director and by paying a filing fee established by the city
council and on file in the office of the city secretary. Such
notice of appeal shall be filed and filing fee paid within ten (10)
days of service of the order.
(d) Termination of service. If no timely appeal and filing
fee are filed, the executive director of utilities may, if a viol-
ation is continuing or reoccurring or may reoccur, terminate
wastewater service to the person ordered to correct or abate such
PAGE 12
violation if such violation has not been corrected or abated within
the time specified in such order.
(e) Emergency suspension of service.
(1) Suspension. The executive director of utilities
may, without prior notice, suspend water service,
sanitary sewer service and/or Storm Sewer access to
a User or to a person discharging to the Storm
Sewer when such suspension is necessary in the
opinion of the executive director of utilities to
stop an actual or threatened discharge which:
(i) Presents or may present imminent substantial
danger to the environment or to the health or
welfare of persons;
(ii) Presents or may present imminent substantial
danger to the POTW, Storm Sewer or Waters of
the State; or
(iii) Will cause pass through or interference of
the POTW.
(2) Notice of Suspension. As soon as is practicable
after the suspension of service, the executive
director of utilities shall notify the User or the
person discharging to the Storm Sewer of the sus-
pension, and order such person to cease the dis-
charge immediately.
(3) Other Steps. If a person fails to comply with an
order issued under Subsection (2), the executive
director of utilities shall take such steps as it
deems necessary to prevent or minimize damage to
the Storm Sewer, POTW or Waters of the State, or to
minimize danger to persons. Such steps may include
immediate severance of a person's sanitary sewer
connection.
(4) Reinstating Service. The executive director of
utilities shall reinstate suspended services to the
User or to the person discharging to the Storm
Sewer:
(i) Upon proof by such person that the noncomply-
ing discharge has been eliminated;
(ii) Upon payment by such person of its outstand-
ing water, sewer and storm water utility
charges;
(iii) Upon payment by such person of all costs
incurred by the City in responding to the
discharge or threatened discharge; and
PAGE 13
(iv) Upon payment by such person of all costs
incurred by the City in reconnecting service.
(f)
(5) Written Statement. Within five
of suspension of services, the
discharging to the Storm Sewer
executive director of utilities
statement describing the cause
the measures taken to prevent
rence.
(5) days of the day
User or the person
shall submit to the
a detailed written
of the discharge and
any future occur-
(6) Right to Hearing. A person whose service has been
suspended under this section may apply to the
department which suspended service for a hearing on
the issue of the suspension. The hearing shall be
conducted in accordance with subsection (f) of this
section.
Hearing and determination.
(1) An environmental appeals committee is hereby estab-
lished and authorized to hear and decide appeals
from any order issued by the executive director of
utilities pursuant to this article. The committee
shall be composed three members appointed by the
city manager. No individual appointed to the
committee shall be employed in the chain of command
of the executive director of utilities.
(2) The committee may call and hold hearings, adminis-
ter oaths, receive evidence at the hearing, and
make findings of fact and decisions with respect to
administering its powers in this chapter.
(3) Upon the hearing, the committee shall determine if
there is substantial evidence to support the exe-
cutive director of utilities' determination and
order. The decision of the committee shall be in
writing and contain findings of fact. If the com-
mittee determines that there is substantial evi-
dence to support the determination and order of the
executive director of utilities, the committee
shall, in addition to its decision, issue an order:
a. Requiring discontinuance of such violation or
condition;
b. Requiring compliance with any requirement to
correct or prevent any condition or violation;
or
c. Suspending or revoking any permit issued under
this article.
PAGE 14
(4) In any decision and order issued by the committee,
the order shall specify the time in which the
compliance with the order must be taken. A copy of
the decision and order shall be delivered to the
appellant or person to whom the order is directed
in person or sent to him by registered or certified
mail.
(5) Should the appellant fail to comply with the order
of the committee within the time specified therein,
if any, the executive director of utilities, in
addition to any other remedy provided for in this
article, may terminate sewer service to the appel-
lant.
Sec. 26-156. Penalties.
(a) A person who violates any provision of this article
shall, upon conviction, be punished as provided in section 1-12 of
the "General Provisions" chapter of this Code.
(b) The City Attorney is authorized to commence an action for
appropriate legal or equitable relief in a court of competent ju-
risdiction. Such relief may include:
(1) An injunction to prevent a violation of this Chapter;
(2) Recovery for damages to the POTW or Storm Sewer
resulting from a violation of this Chapter;
(3) Recovery for expenses incurred by the City in respond-
ing to a violation of this Chapter;
(4) A civil fine of up to One
($1,000.00) per day for a
through 26-208; and
Thousand Dollars and No Cents
violation of Sections 26-151
(5) All other damages, costs and remedies to which the City
may be entitled.
Sec. 26-157. Determining the character and concentration of
wastewater.
(a) The wastewater discharged or deposited into the wastewater
system shall be subject to periodic inspection and sampling as
often as may be deemed necessary by the executive director of
utilities. Sampling shall be conducted according to customarily
accepted methods, reflecting the effect of constituents upon the
wastewater system and determining the existence of hazards to
health, life, limb and property.
(1) Except as indicated in Sec. 26-157 (a) subsection (2)
below, the user must collect wastewater samples using
flow proportional composite collection techniques. In
the event flow proportional sampling is infeasible,
PAGE 15
the executive director of utilities may authorize the
use of time proportional sampling or a minimum of four
(4) grab samples where the user demonstrates that this
will provide a representative sample of the effluent
being discharged. In addition, grab samples may be
required to show compliance with instantaneous
discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide,
phenols, sulfides, and volatile organic compounds must
be obtained using grab collection techniques.
(b) The examination and analyses of the characteristics of
waters and wastes required by this article shall be:
(1) Conducted in accordance with Section 304(h) of the
Clean Water Act; 40 CFR, Part 136 and amendments
thereto; or any techniques approved by EPA; and
(2) Determined from suitable samples taken at the control
manhole provided or other control points authorized by
the city.
(c) The determination of the character and concentration of
wastewater shall be made by the executive director of utilities at
such times and on such schedules as may be established by the
executive director of utilities.
(d) Any person determined to be discharging wastewater in
violation of this article shall compensate the city for the cost of
sampling and monitoring the discharges until such time as the dis-
charged wastewater is in compliance with this article. The execu-
tive director of utilities shall determine the number of samples
and the frequency of sampling necessary to maintain surveillance of
the discharges.
Sec. 26-158. Approval of plans, issuance of permits and
certification of final inspection.
(a) Wastewater system work permit required. It shall be un-
lawful for any user of the wastewater system to construct, recon-
struct, modify, enlarge or alter any equipment, device, machinery,
apparatus or facility or system or component thereof which is used
or is intended to be used to treat, process, measure or convey any
wastewater which is or will be discharged into the wastewater sys-
tem without first obtaining a wastewater system work permit from
the executive director of utilities.
(b) Requirements for permit. A wastewater system work permit
shall be issued when all plans, drawings and specifications are
submitted in such detail as the executive director of utilities may
require and the executive director of utilities has determined that
the work to be done will result in adequate treatment, processing,
measuring and conveyance of the wastewater discharged into the
wastewater system in accordance with the provisions of this
PAGE 16
article.
(c) Certificate of final inspection upon completion.
(1) Upon completion of the work to be done under the
wastewater system work permit, the executive director
of utilities shall inspect the work and, if done in
accordance with the permit, the executive director of
utilities shall issue a certificate of final inspec-
tion to the permit holder.
(2) If the completed work does not comply with the plans
and specifications submitted for which the permit was
issued, the executive director of utilities shall re-
quire such correction as necessary before a certifi-
cate of inspection is issued.
(3) No person receiving a wastewater system work permit
shall utilize or make use of any equipment, device,
machinery, apparatus or facility covered by the permit
until a certificate of final inspection is issued in
accordance with this article.
(d) Right to inspect. No person shall refuse the executive
director of utilities the right to inspect any work done or requir-
ed to be done under this article.
Sec. 26-159. Inspections.
Representatives of the city, the EPA, the Texas Water Commis-
sion and the state health department or any successor agency bear-
ing proper credentials and identification shall be permitted to
enter upon the premises of industrial users for the purpose of
inspection, observation, flow measurement, sampling and testing of
the wastewater system or any wastewater discharged into the waste-
water system or examination of any records, files and operational
activities associated with the industrial pretreatment program and
generation of hazardous waste and discharges into the environment.
Sec. 26-160. Access to Industrial User Records.
(a) The executive director of utilities shall have access to,
and the right to inspect and copy, any and all industrial user
records (documents, memorandums, reports, correspondence, and any
and all summaries thereof) which pertain to that industry's dis-
charge to the POTW, disposal and/or generation of hazardous waste
and discharges into the environment.
(b) The Industrial User shall be required to retain records of
all information resulting from any monitoring, sampling analyses,
or reporting activity required by these regulations for a minimum
of five (5) years. This period of retention shall be extended
during the course of any unresolved litigation regarding the
Industrial User or POTW or when requested by the executive director
of utilities.
PAGE 17
(c) The constituents and characteristics of wastewater dis-
charged by an Industrial User shall not be considered confidential
and shall be available to the public without restriction.
Other information obtained from documents, memorandum, re-
ports, correspondence, questionnaires, permit applications, per-
mits, monitoring programs and inspections shall be available to the
public without restriction unless the User specifically requests,
in writing, at the time the information is to be obtained by the
executive director of utilities, that the information is to be con-
sidered confidential. Information submitted to the executive di-
rector of utilities by the Industrial User shall be stamped "Confi-
dential Information" on each page containing such information that
the Industrial User wishes to be held confidential. If a claim of
confidentiality is asserted, and a records request is received from
the public, the executive director of utilities in consultation
with the city attorney shall determine if such information is pro-
tected by law from disclosure under either the Texas Open Records
Act or 40 CFR Part 2 (Public Information). If the Industrial User
does not claim the information as confidential at the time the in-
formation is obtained by the executive director of utilities, it
will be available to the public without further notice.
(c) All non-domestic users, shall furnish, upon request, to
the City, information needed to develop a systematic program ac-
cording to the Pretreatment Standards or Requirements. The infor-
mation must be available to the executive director of utilities for
inspection and reproduction.
Sec. 26-161. Right of Entry.
Whenever necessary to make an inspection to enforce any of the
provisions of this Chapter, or whenever the executive director of
utilities has reasonable cause to believe that there exists in any
vehicle, in any building or upon any premises any condition or
violation of this Chapter, the executive director of utilities may
enter such vehicle, building or premises at all reasonable times to
inspect the same or to perform any duty imposed by this Chapter.
If such vehicle, building or premises are occupied, he shall first
present proper credentials and request entry. If such vehicle,
building or premises is unoccupied, he shall first make a reason-
able effort to locate the owner or other person having charge or
control of the vehicle, building or premises and request entry. If
such entry is refused, or if no owner or other person having charge
or control of the vehicle, building or premises can be located, the
executive director of utilities shall have recourse to every remedy
provided by law to secure entry.
Secs. 26-162 to 26-170. Reserved.
DIVISION 2. SANITARY FACILITIES REQUIRED
Sec. 26-171. Connections required.
(a) Any owner or occupant of every building where such build-
PAGE 18
ing is within one hundred (100) feet of any city sanitary sewer and
is utilized as a dwelling or residential unit shall construct or
cause to be constructed a suitable water closet upon such property
and shall connect or cause the water closet to be connected with
the sanitary sewer in accordance with all ordinances of the city
regulating such construction and shall, within thirty (30) days
after written notice to do so from the executive director of util-
ities, abate and cease to use any septic system, dry closet or
privy upon such premises.
(b) Any owner or occupant of every building where such build-
ing is within three hundred (300) feet of any city sanitary sewer
and is utilized as a business or commercial establishment discharg-
ing wastewater exceeding the limits established by this article
shall construct or cause to be constructed a suitable water closet
upon such property and shall connect or cause the water closet to
be connected with the sanitary sewer in accordance with all ordin-
ances of the city regulating such construction and shall, within
thirty (30) days after written notice to do so from the executive
director of utilities, abate and cease to use any septic system,
dry closet or privy upon such premises.
(c) The owner or occupant of any such property shall keep and
maintain such water closet and all connections in good condition
and free from any obstructions.
Sec. 26-172. septic systems.
(a) Septic systems shall be installed in accordance with the
provisions of the latest edition of the Construction Standards for
On-site Sewage Facilities, as published by the Texas Water Commis-
sion or any other administrative rules adopted by the TWC.
(b) It shall be unlawful for a person to allow a septic
system or any other on-site sewage facility (OSSF) within the city,
or within 3000 feet of the corporate limits of the city, to drain
upon the surface of the ground.
(c) All septic systems shall be constructed on a minimum lot
size of one (1) acre for either commercial or residential facil-
ities served by a public or private water system.
Sec. 26-173. Dry closets prohibited.
It shall be unlawful for any person to build, use or maintain
any privy or dry closet on any lot or land within the corporate
limits of the city, except for portable sanitary privies utilized
temporarily.
Sec. 26-174. Construction of sanitary sewers and connections.
The construction of sanitary sewers and connections thereto
shall be as provided in the ordinances of the city.
PAGE 19
Sec. 26-175. Owner responsible for maintenance of sanitary
sewer service lines.
The city shall not be responsible for the maintenance of any
building drains or service lines, and such maintenance shall be the
responsibility and duty of the owner of the premises serviced by
any such service line.
Sec. 26-176. Compliance with building regulations required.
Sanitary sewer service shall not be furnished to any premises
where the plumbing thereof has not been installed in accordance
with the building regulations or any other provisions as provided
in the ordinances of the city.
Sec. 26-177. Abatement of Nuisances
The executive director of utilities shall pursue abatement of
all public nuisances (Sec. 26-153) which occur within the city
limits of Denton.
Secs. 26-178 to 26-185. Reserved.
DIVISION 3. USE OF PUBLIC SEWERS
Sec. 26-186. Discharge prohibitions.
(a) It shall be unlawful for any person to discharge or cause
to be discharged into the POTW or into a natural outlet materials,
waters or wastewater, if such substances may cause pass through or
interference or have an adverse effect on the environment or may
otherwise endanger life, health or property or constitute a public
nuisance, including oxygen-demanding pollutants (BOD, etc.) In
determining the acceptability of substances for discharge into the
wastewater system, the executive director of utilities shall give
consideration to such factors as the quantities of subject substan-
ces in relation to flows and velocities in the wastewater system,
materials of which the wastewater system is constructed, nature of
the wastewater treatment process, capacity of the wastewater treat-
ment plant, degree of treatability of the substances in the waste-
water treatment plant and such other factors which may be pertinent
to such evaluation.
(b) No person shall discharge into public sewers:
(1) Any liquids, solids or gases, including but not
limited to gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones, aldehydes,
peroxides, chlorates, perchlorates, bromates, car-
bides, hydrides, sulfides or any other substances
which are a fire or other hazard to the system, which
by reason of their nature or quantity are or may be
sufficient either alone or by interaction with other
substances to cause fires, explosions or be injurious
in any other way to the facilities or operation of the
PAGE 20
wastewater system including wastestreams with a
closed-cup flash point of less than one hundred forty
degrees Fahrenheit (140°F) sixty degrees Celsius
(60°C) using the test methods specified in 40 CFR
261.21.
(2) Any substance which causes two (2) successive readings
on an explosion hazard meter to be more than five (5)
percent or any single reading over ten (10) percent of
the lower explosive limit (LEL) of the meter as mea-
sured at the point where the wastewater is discharged
into the wastewater system.
(3) Any wastewater having a pH less than five (5) , greater
than twelve point five (12.5) or any wastewater having
any other corrosive property capable of causing damage
or hazard to the wastewater system or any person.
(4) Any wastewater containing toxic substances in suffi-
cient quantity that may, either singly or by inter-
action with other substances, injure or cause in-
terference with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the effluent waters of the wastewater
system or exceed the limitation set forth in the
categorical pretreatment standards. A toxic substance
shall include but not be limited to any substance
identified pursuant to section 307(a) of the Act.
(5) Any substance discharged into the wastewater system,
such as residues, sludges or scums, which causes in-
terference with the reclamation process or any sub-
stance which causes the wastewater system to be in
noncompliance with sludge use or disposal guidelines
or regulations developed under section 405 of the Act
or any guidelines or regulations affecting sludge use
or disposal promulgated pursuant to the Solid Waste
Disposal Act, the Clean Air Act and the Toxic Sub-
stances Control Act, as amended by the U.S. Congress.
(6) Any liquid or vapor having a temperature higher than
one hundred fifty degrees Fahrenheit (150°F) sixty-
five degrees Celsius (65°C). If, in the opinion of
the executive director of utilities, lower tempera-
tures of such wastewater could harm either the
wastewater system, wastewater treatment process,
equipment or have an adverse effect on the receiving
stream or could otherwise endanger life, health or
property or constitute a public nuisance, then the
executive director of utilities may prohibit such
discharges. In no case wastewater which causes the
temperature at the introduction into the treatment
plant to exceed one hundred and four degrees Fahren-
heit (104°F) forty degrees Celsius (40°C).
PAGE 21
(7) Any wastewater containing fats, wax, grease or oils,
whether emulsified or not, in excess of two hundred
(200) mg/l or containing substances which may solidify
or become viscous at temperatures between thirty-two
degrees Fahrenheit (32°F) zero degrees Celsius (0°C)
and one hundred fifty degrees Fahrenheit (150°F)
sixty-five degrees Celsius (65°C) and which might
cause obstruction of flow in the POTW resulting in
interference.
(8) The executive director of utilities may reject any
waste which does not meet the requirements of this
ordinance. The executive director of utilities may
require any information from an Industrial User neces-
sary to determine the characteristics of the User's
wastewater discharge prior to the commencement of such
discharge to the POTW. The executive director of
utilities may deny or condition new, increased or
changed contributions.
(9) Petroleum oil, nonbiodegradable cutting oil, or pro-
ducts of mineral oil origin, in amounts that will
cause interference or pass through.
(10) Trucked or hauled pollutants, except at discharge
points designated by the executive director of
utilities.
Sec. 26-187. Specific Pollutant Limitations.
It shall be unlawful for any person to discharge into the
wastewater system, unless such discharge is allowed under the pro-
visions of section 26-208, any of the following:
(1) Any wastewater containing hazardous metals to such degree
that any such material received at the point of discharge
into the wastewater system exceeds the limits established
below:
Daily Maximum
Discharge Limits (mg/L)
Pollutants Composite Values
Arsenic
0.35
Cadmium
0.10
Chromium
1.75
Copper
1.35
Cyanide
0.93
Lead
1.08
Mercury
0.0087
Nickel
1.10
Silver
0.17
Zinc
1.96
PAGE 22
All concentrations for pollutants are for "total" values
unless otherwise indicated.
(2) Other metals not listed in subsection (1) of this section
which will, in the opinion of the executive director of
utilities, damage the wastewater system or interfere with
the treatment process;
(3) Toxic organics found in quantifiable concentration greater
than 0.01 mg/L (10 ppb) shall not total more than 2.13
mg/L for any discharge. Any organic compound considered
toxic by the executive director of utilities and reason-
ably expected to be found in the Industrial User's dis-
charge may be included in the calculations of total toxic
organics if detected in any industry's discharge in quan-
tifiable concentration greater than 0.01 mg/L.
(4) Any radioactive wastes or isotopes into the public waste-
water system without permission of the city;
(5) Quantities of flow, concentrations or both which consti-
tute a slug;
(6) Materials or substances which cause:
a. Concentrations of suspended solids or BOD in excess of
two hundred fifty (250) mg/L;
b. Concentrations of phosphorous exceeding five (5) mg/L;
C. Discolorations, such as but not limited to dye waters
and vegetable tanning solution.
(7) National Categorical Pretreatment Standards
The categorical pretreatment standards found at 40 CFR
Chapter I, Subchapter N, Part 433, Metal Finishing Cate-
gory, are hereby incorporated.
Sec. 26-188. Discharge of waters not containing wastewater.
(a) It shall be unlawful for any person to discharge unpol-
luted waters into the wastewater system. Except with the approval
of the executive director of utilities or as otherwise provided in
this article, no storm water connection from any building or yard
nor any drain from any catchbasin, lake swamp, or pond nor any
outlet for surface water, storm water or groundwater of any kind
shall be connected to the wastewater system.
(b) Within any area served by a separate sanitary sewer and a
storm sewer, no storm water shall be allowed to enter the sanitary
sewer from waste or vent pipes of any building. Within any such
area no downspout, roof leaders, gutters, other pipes or drains
such as channels which may at any time carry storm water, surface
drainage derived from hydraulic pressure or from well points or
PAGE 23
lake water shall be connected with any sanitary sewer.
Sec. 26-189. Discharge to a natural outlet.
It shall be unlawful for any person to discharge polluted
water to any storm sewer or natural outlet within the area served
by the city, except where suitable treatment has been provided in
accordance with the provisions of this article and except where a
Federal National Pollutant Discharge Elimination Systems (NPDES)
permit has been duly issued and is currently valid for such dis-
charge. A valid copy of such a permit and any modifications there-
of must be filed with the executive director of utilities.
V
Sec. 26-190. Wastewater discharges requiring traps.
All persons discharging oil, grease, and flammable wastes or
other harmful substances in amounts that, in the opinion of the
executive director of utilities, will impede or stop the flow in
the wastewater system shall install a trap before the point of dis-
charge into the wastewater system. Any person responsible for dis-
charges requiring a trap shall, at his own expense and as required
by the city:
(1) Provide equipment and facilities of a type and capacity
approved by the city;
(2) Locate the trap in a manner that provides ready and easy
accessibility for cleaning and inspection; and
(3) Maintain the trap in effective operating condition.
Sec. 26-191. Wastewater discharge from transport trucks.
(a) Permit required. All persons owning or operating a vacuum
truck, cesspool pump truck, liquid wastewater transport truck or
other vehicle shall not discharge or unload any septic tank,
seepage pit, inceptor or cesspool contents from such vehicle
without first having received a valid transport truck discharge
(TTD) permit.
(b) Permit fee. TTD permits shall be issued by the executive
director of utilities upon proper application and payment of a fee
established by the city council and on file in the office of the
city secretary. All TTD permits shall be valid for one (1) year.
(c) Unloading or discharge of waste or wastewater. It shall
be unlawful for any person holding a TTD permit to unload or dis-
charge any waste or wastewater except in a manner and at a place as
specified by the executive director of utilities. Before discharg-
ing under a TTD permit, the executive director of utilities may
require the person holding such permit to furnish a sample of the
contents of the material to be discharged as a prerequisite to
discharging into the wastewater system. The executive director of
utilities may refuse permission to discharge abnormal strength
wastewater into the wastewater system.
PAGE 24
(d) Rates for discharge. Any person discharging or unloading
normal strength wastewater under a TTD permit into the wastewater
system shall be charged at the regular commercial sewer rates. Any
person discharging abnormal strength wastewater under a TTD permit
into the wastewater system shall be charged an industrial/ com-
mercial surcharge rate.
Secs. 26-192 to 26-200. Reserved.
DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE
See. 26-201. Permit-Required.
(a) It shall be unlawful for any significant industrial user
to connect to the wastewater system or to discharge wastewater to
the wastewater system without first obtaining an industrial/ com-
mercial wastewater discharge permit from the executive director of
utilities.
(b) All significant industrial users discharging wastewater
directly or indirectly into the wastewater system prior to the
effective date of the ordinance from which this article is derived
may continue that discharge one hundred eighty (180) days after
such effective date. Prior to the expiration of the one-hundred-
eighty-day period, the significant industrial user shall apply for
an industrial/ commercial wastewater discharge permit from the
executive director of utilities.
Cross reference-Licenses, permits and business regulations
generally, Ch. 16.
See. 26-202. Same-Procedure for obtaining.
(a) Application. Significant industrial users required to
obtain an industrial/commercial wastewater discharge permit shall
complete and file with the city an application in the form pre-
scribed by the city and accompanied by a fee established by the
city council and on file in the office of the city secretary. New
significant industrial users shall apply at least ninety (90) days
prior to connecting to or contributing to the wastewater system for
an industrial/commercial wastewater discharge permit. In support
of the application, the significant industrial user shall submit
the following information:
(1) All information required by (f)(1) of this section.
(2) Name, address, and location, if different from the
address;
(3) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972, as
amended;
(4) Wastewater constituents and characteristics, including
but not limited to those mentioned in this article as
PAGE 25
determined by a reliable analytical laboratory;
sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to the
Act and contained in 40 CFR, Part 136, as amended;
(5) Time and duration of contribution;
(6) Average daily wastewater flow rates, including daily,
monthly and seasonal variations, if any;
(7) Site plans, floor plans, mechanical and plumbing plans
and details to show all service lines, sewer connec-
tions and appurtenances by size, location and ele-
vation;
(8) Description of activities, facilities and plant
processes on the premises, including all materials
which are or could be discharged;
(9) Where known, the nature and concentration of any pol-
lutants in the discharge which are limited by any city
law or regulation or by the state or categorical pre-
treatment standards and a statement regarding whether
or not the pretreatment standards are being met on a
consistent basis;
(10) If additional pretreatment and/or operation and
maintenance will be required to meet the categorical
pretreatment standards; the shortest schedule by which
the significant industrial user will provide such
additional pretreatment. The completion date in this
schedule shall not be later than the compliance date
established for the applicable categorical pretreat-
ment standard. The following conditions shall apply
to this schedule:
a. The schedule shall contain increments of progress
in the form of dates for the commencement and com-
pletion of major events leading to the construct-
ion and operation of additional pretreatment re-
quired for the significant industrial user to meet
the applicable categorical pretreatment standards,
e.g., hiring an engineer, completing preliminary
plans, completing final plans, executing contract
for major components, commencing construction,
etc.
b. No increment referred to in subsection (a) (10)a.
of this section shall exceed nine (9) months.
c. Not later than fourteen (14) days following each
date in the schedule and the final date for com-
pliance, the significant industrial user shall
submit a progress report to the executive director
of utilities including, as a minimum, whether or
PAGE 26
not it complied with the increment of progress to
be met on such date and, if not, the date on which
it expects to comply with this increment of pro-
gress, the reason for delay and the steps being
taken by the significant industrial user to return
the construction to the schedule established. In
no event shall more than nine (9) months elapse
between such progress reports to the executive
director of utilities.
(11) Each product produced by type, amount, process or pro-
cesses and rate of production;
(12) Type and amount of raw materials processed, average
and maximum per day;
(13) Number and type of employees and hours of operation of
the plant and proposed or actual hours of operation of
the pretreatment system;
(14) Any other information as may be deemed by the city to
be necessary to evaluate the permit application.
(b) Modifications. Within nine (9) months of the promulgation
of a categorical pretreatment standard, the industrial/ commercial
wastewater discharge permit of significant industrial users subject
to such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard. Where
a significant industrial user subject to a categorical pretreatment
standard has not previously submitted an application for an indus-
trial/commercial wastewater discharge permit, the significant in-
dustrial user shall apply for an industrial/commercial wastewater
discharge permit within one hundred eighty (180) days after the
promulgation of the applicable categorical pretreatment standard.
In addition, the significant industrial/ commercial user with an
existing industrial/ commercial wastewater discharge permit shall
submit to the executive director of utilities, within one hundred
eighty (180) days after the promulgation of an applicable cate-
gorical pretreatment standard, the information required by sub-
sections (a)(8) and (a)(9) of this section.
(c) Conditions. Industrial/commercial wastewater discharge
permits shall be expressly subject to all provisions of this ar-
ticle and all other applicable regulations, significant industrial
user charges and fees established by this Code. Permits shall
contain the following:
(1) The unit charge or schedule of significant industrial
user charges and fees for the wastewater to be dis-
charged to the wastewater system:
(2) Limits on the average and maximum wastewater consti-
tuents and characteristics;
(3) Limits on average and maximum rate and time of
PAGE 27
discharge or requirements for flow regulations and
equalization;
(4) Requirements for installation and maintenance of
inspection and sampling facilities;
(5) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types and standards for tests and reporting
schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or
discharge reports;
(8) Requirements for maintaining and retaining plant
records relating to wastewater discharge as specified
by the city and affording city access thereto;
(9) Requirements for notification of the city of any new
introduction of wastewater constituents or any sub-
stantial change in the volume or character of the
wastewater constituents being introduced into the
wastewater system;
(10) Requirements for notification of slug discharges;
(11) Other conditions as deemed appropriate by the city to
ensure compliance with this article and requirements
of 40 CFR 403.8 (f).
(d) Duration. Permits shall be issued for a specified time
period not to exceed three (3) years. A permit may be issued for
a period less than one (1) year or may be stated to expire on a
specified date. The significant industrial user shall apply for
permit reissuance a minimum of sixty (60) days prior to the expira-
tion of the significant industrial user's existing permit. The
terms and conditions of the permit may be subject to modification
by the city during the term of the permit. The significant indus-
trial user shall be informed of any proposed changes in his permit
at least thirty (30) days prior to the effective date of change.
(e) Transfer. Industrial/commercial wastewater discharge per-
mits are issued to a specified significant industrial user for a
specific operation. An industrial/ commercial wastewater discharge
permit shall not be reassigned or transferred or sold to a new
owner, new user, different premises or a new or changed operation
without the approval of the executive director of utilities. Any
succeeding owner or significant industrial user shall also comply
with the terms and conditions of the existing permit.
(f) Reporting requirements for permittee. The permittee shall
submit the following reports:
PAGE 28
(1) All Significant Industrial Users, including New Sources,
that are subject to Categorical Pretreatment Standards
must submit Baseline Monitoring Reports (BMRs) to the
executive director of utilities in accordance with 40
CFR 403.12 (b).
a. Identifying Information. The name and address of
the facility, including the name of the operator and
owner.
b. Environmental Permits. A list of any environmental
control permits held by or for the facility.
c. Description of Operations. A brief description of
the nature, average rate of production, and standard
industrial classifications of the operation(s)
carried out by such user. This description should
include a schematic process diagram which indicates
points of discharge to the POTW from the regulated
processes.
d. Flow Measurement. Information showing the measured
average daily and maximum daily glow, in gallons per
day, to the POTW from regulated process streams and
other streams, as necessary, to allow use of the
combined wastestream formula set out in 40 CFR
403.6(e).
e. Measurement of Pollutants.
1. The categorical pretreatment standards applicable
to each regulated process.
2. The results of sampling and analysis identifying
the nature and concentration, and/or mass, where
required by the standard or by executive director
of utilities of regulated pollutants in the dis-
charge from each regulated process. Instantan-
eous, daily maximum, and long-term average con-
centrations or mass, where required, shall be
reported. The sample shall be representative of
daily operations and shall be analyzed in accord-
ance with procedures set out in Section 26-157(b)
of this ordinance.
3. Sampling must be performed in accordance with
procedures set out in Section 26-157(a)(1) and
(2) of this ordinance.
f. Certification. A statement, reviewed by the user's
authorized representative and certified by a quali-
fied professional, indicating whether pretreatment
standards are being met on a consistent basis, and,
if not, whether additional operation and maintenance
(O&M) and/or additional pretreatment is required to
PAGE 29
meet the pretreatment standards and requirements.
g. Compliance Schedule. If additional pretreatment
and/or O&M will be required to meet the pretreatment
standards, the shortest schedule by which the user
will provide such additional pretreatment and/or
O&M. The completion date in this schedule shall not
be later than the compliance date established for
the applicable pretreatment standard. A compliance
schedule shall contain:
1. Progress increments in the form of dates for the
commencement and completion of major events lead-
ing to the construction and operation of addi-
tional pretreatment required for the user to meet
the applicable pretreatment standards (such
events include, but are not limited to, hiring an
engineer, completing preliminary and final plans,
executing contracts for major components, com-
mencing and completing construction and beginning
and conducting routine operations);
2. No increments referred to above shall exceed nine
(9) months;
3. The user shall submit a progress report to the
executive director of utilities no later than
fourteen (14) days following each date in the
schedule and the final date of compliance in-
cluding, as a minimum, whether or not it complied
with the increment of progress, the reason for
any delay, and, if appropriate, the steps being
taken by the user to return to the established
schedule; and
4. In no event shall more than nine (9) months
elapse between such progress report to the execu-
tive director of utilities.
h. Signature and Certification. All baseline moni-
toring reports must be signed and certified in
accordance with Section 26-202(f)(14) of this ordi-
nance.
(2) Within ninety (90) days following the commencement of
the contribution of wastewater into the POTW, any
significant industrial user classified as a regulated
Categorical Standard Industry, and therefore subject to
Federal Categorical Pretreatment Standards, shall submit
to the executive director of utilities a 90-Day Compli-
ance Report in accordance with 40 CFR 403.12 (d).
(3) Significant Industrial Users not classified as Categori-
cal Standard Industries may, at the discretion of the
executive director of utilities, be required to submit
PAGE 30
a Baseline Monitoring Report and/or a 90-Day Compliance
Report.
(4) Regulated Categorical Standard Industries subject to a
Pretreatment Standard, after the compliance date of such
Pretreatment Standard or,in the case of New Sources,
after commencement of the discharge to the POTW, shall
submit a Semi-Annual Compliance Report to the executive
director of utilities in accordance with 40 CFR 403.12
(e)-
(5) Significant Non-categorical Industrial Users may be re-
quired to submit a Semi-Annual Compliance Report to the
executive director of utilities in accordance with 40
CFR 403.12 (h).
(6) Semi-Annual Compliance Reports required under subsec-
tions (f)(4) and (5) of this Section shall be based on
sampling and analytical data collected during the period
covered by the report by both the executive director of
utilities and the Industrial User if self-monitoring is
performed. Sampling and analytical data shall be
representative of the conditions occurring during the
reporting period.
(7) Categorical Standard Industries shall perform self-
monitoring sampling and analysis of the regulated
process wastestream at a frequency stipulated by the
Wastewater Discharge Permit.
(8) Categorical Standard and Non-categorical significant
industrial users may be required to perform self-
monitoring on wastestreams, should the executive
director of utilities deem it necessary.
(9) Self-monitoring samples shall be collected, preserved
and analyzed in accordance with approved methods.
(10) For each self-monitoring samples, the Industrial User
shall submit an Industrial Self-Monitoring Sampling
Report which shall include:
a. The date, exact place, sampling method, preservation
method, times of sampling and the name(s) of the
person(s) taking the samples;
b. The dates the analyses were performed;
c. The analytical techniques/method used; and
d. The results of the analyses.
(11) For Categorical Standard Industries, at least once
during each Semi-Annual Compliance Reporting period,
self-monitoring samples shall be analyzed for all
PAGE 31
federally regulated parameters.
(12) If self-monitoring indicates a violation, the Industrial
User shall notify the executive director of utilities
within 24 hours of receiving the results. The Indus-
trial User shall also repeat the sampling and analysis
and submit the results of the repeat analysis within
thirty (30) days after becoming aware of the violation.
For Industrial Users required to self monitor each
month, the next month's self-monitoring may be used as
the repeat sampling so long as the sample is analyzed
for the violating parameter and the thirty (30) day
submission deadline is observed.
(13) All Compliance Reports, Self-Monitoring Sampling Reports
and applications for industrial/ commercial wastewater
discharge permits must be signed by an Authorized Offi-
cial of the Industrial User in accordance with 40 CFR
Part 403.12(1). The Authorized Official may designate
a representative, in writing, to the executive director
of utilities. The authorization must specify either an
individual or a position having responsibility for the
overall operation of the facility from which the Indust-
rial Discharge originates, or having overall responsibi-
lity for environmental matters for the Industrial User.
If the authorization becomes invalid because of changes
in responsibilities or personnel, a new written auth-
orization must be submitted to the executive director of
utilities prior to or along with any report being signed
and submitted by the new representative.
(14) All Compliance Reports, Self-Monitoring Sampling Reports
and applications for industrial/ commercial wastewater
discharge permits must include the statement:
"I certify under penalty of law that this document
and all attachments were prepared under my direc-
tion or supervised in accordance with a system de-
signed 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 res-
ponsible for gathering the information, the infor-
mation 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 possib-
ility of fine and imprisonment.
(15) All industrial users shall notify the POTW immediately
of all discharges that could cause problems to the POTW,
including any slug loadings by the industrial user.
(16) An Industrial User shall notify the executive director
of utilities, the EPA Regional Waste Management Division
PAGE 32
Director, and the State hazardous waste authorities, in
writing, of any discharge into the POTW of a substance,
which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261, in accordance with 40 CFR
403.12 (p).
(17) The reports and other documents required to be submitted
or maintained under this section shall be subject to:
a. The provisions of 18 U.S.C. Section 1001 relating to
fraud and false statements;
b. The provisions of Sections 309 (c) (4) of the Act,
as amended, governing false statements, represent-
ation, or certification;
c. The provisions of Section 309 (c) (6) of the Act
regarding responsible corporate offices; and
d. The applicable provisions of this ordinance.
Sec. 26-203. Same-Suspension or revocation.
(a) Permit not a vested right. A permit issued under this
article does not become a vested right in the person holding the
permit.
(b) Grounds for suspension or revocation. A permit issued
under this article may be revoked or suspended upon any of the
following grounds:
(1) The permittee has or is violating one (1) or more pro-
visions of this article;
(2) The permittee has failed or is failing to comply with
one (1) or more conditions of a permit;
(3) There is a change in conditions which requires elimin-
ation or modification of the discharge covered by a
permit;
(4) Revocation or suspension is necessary in order to
prevent harm or damage to the wastewater system or
treatment process or is necessary to protect the health
or welfare of persons, animals or property;
(5) The permit was obtained by misrepresentation or failure
to disclose all relevant facts.
(c) Procedure for suspension or revocation. The executive
director of utilities may issue an order suspending or revoking a
permit issued under this article upon the grounds specified in this
article. Such order shall state the grounds therefor and shall be
served upon the permittee in person or by certified or registered
PAGE 33
mail. Such order of suspension or revocation shall become effect-
ive after five (5) days from the date of service, unless the per-
mittee within such five-day period files an appeal and filing fee
in accordance with section 26-155 of this article.
(d) Procedure for appeals from order of revocation or sus-
pension. Appeals from the order of the executive director of util-
ities suspending or revoking a permit shall be processed and heard
in accordance with procedures for other appeals as set forth in
section 26-155.
Sec. 26-204. Same-Effect of suspension or revocation.
Any permittee who receives an order from the executive director
of utilities revoking or suspending a permit required under this
article shall discontinue any discharge covered by the permit after
five (5) days from notice of such order, unless within such five-
day period the permittee appeals such order to the environmental
appeals committee. Any permittee who has been notified by the exe-
cutive director of utilities of a suspension or revocation of a
permit and does not timely appeal such order or any permittee who
has been notified of the order of the committee, after a hearing,
of the revocation or suspension of a permit and who continues a
discharge covered by a permit after the effective date of the rev-
ocation or suspension of the permit may have sewer service termin-
ated by the executive director of utilities.
Sec. 26-205. Same-Reinstatement of suspended or revoked permit.
(a) The executive director of utilities shall reinstate a sus-
pended industrial/ commercial discharge permit upon satisfactory
proof to the executive director of utilities of corrective action
of the permittee of the conditions or discharge for which the per-
mit was suspended.
(b) A user whose industrial/commercial discharge permit has
been revoked must apply for a new permit and comply with all pro-
visions and conditions required as though a permit had not been
issued for such user.
Sec. 26-206. Pretreatment of industrial wastewater.
Significant industrial users shall provide necessary wastewater
treatment as required to comply with this article and the categor-
ical pretreatment regulations. Any facilities required to pretreat
wastewater to a level acceptable to the executive director of util-
ities shall be provided, operated and maintained at the user's ex-
pense. Detailed plans showing the pretreatment facilities and op-
erating procedures shall be submitted to the executive director of
utilities for review before construction of such facilities. The
review of such plans and operating procedures will in no way re-
lieve the user from the responsibility of modifying the facility as
necessary to produce an effluent acceptable to the executive dir-
ector of utilities under the provisions of this article. Any sub-
sequent changes in the pretreatment facilities or method of oper-
PAGE 34
ation shall be reported to and be acceptable to the city prior to
the user's initiation of the changes. All records relating to com-
pliance with the categorical pretreatment standards shall be made
available to officials of the Environmental Protection Agency or
city upon request.
Sec. 26-207. Control manhole.
As a prerequisite to receiving an industrial/ commercial waste-
water discharge permit, the executive director of utilities may,
when necessary to monitor wastewater discharged into the wastewater
system, require a significant industrial user to install a suitable
control manhole together with such meters, equipment and appurten-
ances as deemed necessary by the executive director of utilities in
order to adequately sample and measure such wastewater. All re-
quired control manholes shall be located so as to permit unre-
stricted access by the executive director of utilities.
Sec. 26-208. Industrial/commercial wastewater surcharge.
If abnormal strength wastewater is acceptable for discharge
into the wastewater system under the provisions set forth in the
industrial/commercial wastewater discharge permit, an industrial/
commercial wastewater surcharge shall be added to the base charge
to cover the additional cost of treating abnormal strength waste-
water. Such surcharge shall be calculated as follows:
Where:
Cu = Vu[(Bu - 250) B + (Su - 250)S)]
Cu is the surcharge for user X.
Vu is the billing volume for user X.
Bu is the tested BOD level for user X or two hundred fifty
(250)mg/1, whichever is greater.
B is the unit cost factor for treating one (1) unit of BOD per
one thousand (1,000) gallons.
Su is the tested SS level for user X or two hundred fifty
(250)mg/l, whichever is greater.
S is the unit cost factor for treating one (1) unit of SS per
one thousand (1,000) gallons.
Sec. 26-209. Code of Federal Regulations (CFR) as amended.
The terms and provisions set forth in this Chapter referencing
and/or incorporating provisions contained in the Code of Federal
Regulations (CFR) are intended to adopt such sections to the CFR as
they exist at the time of passage of this ordinance and as the CFR
may be subsequently amended.
PAGE 35
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. That any person who shall violate any provision
of this ordinance, or fails to comply therewith or with any re-
quirements thereof, or a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Two Thousand Dollars ($2,000.00). Each such person shall be deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such per-
son shall be punished within the limits above.
SECTION IV. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the /3 day of L_.q_ 1993.
CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /
APP ED A TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: ld z c'.eZ
PAGE 36