1982-039AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, 1966, AS AMENDED, BY DELETING THEREFROM DIVISION
1 OF ARTICLE III "SANITARY SEWERS" OF C~APTER 25, ~ECTIONS 25-35
THROUGH AND INCLUDING SECTION 25-48, BY ADDING A NEW ARTICLE
VIII TO CHAPTER 25, PROVIDING FOR REGULATION AND USE OF AND
DISCHARGE INTO SANITARY SEWERS, PROVIDING FOR PERMITS AND FEEg
FOR CERTAIN DISCHARGES, PROVIDING FOR CERTAIN USER CHARGES,
PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
($200 00) FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
PART I
That the Code of Ordinances of the City of Denton, Texas, as
amended, 1966, is further amended by deleting therefrom Division
1 of Article III "Sanitary Sewers" of Chapter 25, Sections 25-35
through and including Section 25-48
PART II
That Chapter 25 of the Code of Ordinances of the City of
Denton, Texas, 1966, as amended, is further amended by adding
thereto a new Article VIII, Section 25-130 through and ~ncludlng
Section 25-180 which shall read as follows
ARTICLE VIII
REGULATION OF DIRECT AND INDIRECT DISCHARGE
INTO SANITARY qEWAGE SYSTEM
DIVISION 1
GENERAL PROVISIONS
SECTION 25-130 PURPOSE
The purpose of this Article is to regulate and control
wastewater disposal facilities and practices within the City so
as to protect the health, welfare and property of its citizens
and to insure that all wastewater disposal facilities and
practices are in compliance with state and federal laws, rules
and regulations
SECTION 25-13l SCOPE
This Article shall apply to the direct or indirect discharge
of all water-carried wastes in the City of Denton and shall,
PAGE ONE
among other things provide for the regulation of sewer
constructlon in areas wlthln the jurisdiction of the C~ty of
Denton, the approval of plans for ~ewer construction, the
quantity and quality of wastewater dlscharged, the degree of
wastewater pretreatment required, the issuance of
Industrial/Commercial Wastewater Discharge Permits and of other
m~scellaneous permits
SECTION 25-132 DEFINITIONS
Unless the context specifically ~nd~cates otherwise, the
meaning of terms used in this Article shall be as follows
1 "ABNORMAL STRENGTH WASTEWATER" shall mean any
wastewater havlng a suspended solid, BOD, COD
chlorine demand or total phosphate concentration
in excess of that found in normal strength
wastewater
2 "ACT" shall mean Public Law 92-500, as amended, as
enacted by the United States Congress and known as
the Federal Water Pollution Control Act or Clean
Water Act
3 "BOD" (denoting B~ochemlcal Oxygen Demand) shall
mean the quantity of oxygen utilized in the
b~ochem~cal oxidation of organic matter under
standard laboratory procedure ~n five (5) days at
20oc, expressed in m~lllgrams per liter
4 "BUILDING" is any structure used or intended for
supporting or sheltering any use or occupancy
5 "BUILDING DRAIN" is that part of the p~p~ng of a
building drainage system which receives the
d~scharge of ail so~l, waste, and other drainage
from inside the structure and conveys the same to
the building service ]~ne outside the foundation
wall of such building
6 "CATEGORICAL PRETREATMENT STANDARD" shall mean
wastewater d~scharge limits applicable to a
spectflc category of ma]or commerc~al/~ndustr~al
users as promulgated by the EPA in accordance with
Section 307(b) and (c) of the Act
7 "CHLORINE DEMAND" shall mean the difference
between the amount of chlorine added to water,
wastewater or ~ndustr~al wastes and the amount of
residual chlorine remaining at the end of a twenty
(20) minute contact period
8 "COD" (denoting Chemical Oxygen Demand) shall mean
the measure of the oxygen equivalent of that
portion of the organic matter in a sample that is
susceptible to oxldation by a strong chemical
oxidant
9 "COMMITTEE" shall mean the Environmental Appeals
Committee
PAGE TWO
10 "COMPOSITE SAMPLE" shall mean a mixture of grab
samples collected at the same sampling point at
different times
11 "CONTROL MANHOLE" shall mean an opening qlvlng
access to a service l~ne at some point before the
service line discharges to the sewage system
12 "COOLING WATER" shall mean the water dlscharqed
from any system of condensation such as air
conditioning, coolinq or refrigeration
13 "DIRECT DISCHARGE" shall mean the conveyance of
wastewater from a service line uninterrupted to a
City public sewer
14 "DIRECTOR OF UTILITIES" shall mean the Chief
Executive Officer of the Utility Department of the
City of Denton or h~s authorized deputy, agent or
representative
15 "DOMESTIC USER" shall mean any user who is not an
Industrial User or Commercial User
16 "DRY CLOSET" ~s an ~ndoor room or an outdoor privy
used as a toilet but lacking water for conveyance
of waste
17 "EPA" shall mean the United States Environmental
Protection Agency or its successor agencies
18 "FLOW RATE" shall mean the quantity of wastewater
that flows past a particular polnt in a certain
period of time
19 "GRAB SAMPLE" shall mean a sample collected at a
particular time and place, representing only the
composition of the source at that time and place
20 "INDIRECT DISCHARGE" shall mean the conveyance of
wastewater to a public sewer by any means other
than direct d~scharge
21 "INDUSTRIAL/COMMERCIAL USER" shall mean any
~ndustr~al or commercial establishment which uses
the sewage system of the City and falls under a
standard industrial classification
22 "INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
PERMIT", referred to here~n as "Industrial/
Commercial Discharge Permit", shall mean a permit
required of a major industrial/commercial user to
deposit or discharge waste into any sewage system
under ]urlsdlctlon of the City of Denton
23 "INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE" shall
mean a charge, as set forth in the latest edition
of the City of Denton Code of Ordinances lev~ed on
lndustrial/commerc~al users of the sewage
treatment works for the additional cost of
treating wastewater discharges of abnormal
strength wastewater
24 "INTERFERE" shall mean ~nh~bltlon or disruption of
the sewage system which contributes to a violation
of any requlrement of this Article
PAGE THREE
25 "MAJOR INDUSTRIAL/COMMERCIAL USER" shall mean a
user of the sewage system that (a) discharges
25,000 gallons or more of wastewater into the
sewage system per average work day, or (b) is
regulated by the Categorical Pretreatment
Standards, or (c) is found by the City of Denton
to discharge wastewater which can cause
deterioration of the sewer system facilities or
detrimental to the biological process, either
singly or in combination with other contributing
wastewater, on the treated sewage system or upon
the quality of the discharge from the sewage
system
26 "mg/l" shall mean milligrams per liter
27 "NATURAL OUTLET" shall m~an any outlet into a
watercourse ditch, lake, or other body of surface
water or groundwater
28 "NORMAL STRENGTH WASTFWATER" shall mean wastewater
which, when analyzed, by the Cltv, shows by weight
a daily average of not more than 2,085 pounds per
mill~on gallons (250 milligrams per liter) of
suspended solids, and 2,502 lb/mg (250
milligrams/l) of BOD (Biochemical Oxygen Demand),
and 2,085 lb/mg of COD (250 mg/1), and not more
than 75 1 pounds per million gallons (9 0
milligrams per liter (mg/1) of chlorine demand,
and 41 7 pounds per million gallons (5 0 mg/1) of
phosphorus, and which is otherwise acceptable into
a public sewer under the terms of thlg Article
29 "NPDES PERMIT" shall mean the National Pollution
Discharge Eliminations System (NPDES) permit as
issued pursuant to Section 402 of the Act (33
U S C 1342)
30 "OBJECTIONABLE WASTE" shall mean any wastewater
that can harm either the sewers, sewer treatment
process, or equipment, have an adverse effect on
receiving stream, or otherwise endanger life,
health, or property, or constitutes a nuisance
31 "PERSON" shall mean any individual, firm, company,
association, society, corporation or entity,
including a city, county, town, village, or sewer
dlstr~ct
32 "pH" shall mean 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
33 "POINT OF DISCHARGE" shall mean any discernible,
confined and discrete conveyance or vessel from
which wastewater may be discharged into a public
waterway or public sewage system
34 "POLLUTED WATER" shall mean any water, liquid or
gaseous waste containing any of the followlnq
soluble or unsoluble substances of organic or
inorganic nature, settleable solids that may form
sludge deposits, grease and oils, floating solids
PAGE FOUR
which may cause unsightly appearance, color,
phenols and other substances to an extent which
would impart any taste or odor to the receivlng
stream, and toxic or poisonous substances in
suspension, colloidal state, solution or gases
35 "PRIVY" is an outhouse or similar type small
building used as a toilet where wastes are either
buried on site or collected and disposed of
elsewhere
36 "PRETREATMENT" shall mean the treatment of
wastewater before introduction into a sewage
system
37 "SANITARY SEWER" shall mean a sewer intended to
receive domestic wastewater and admissible
industrial/commercial wastewater but to which
storm, surface and groundwaters are not
intentionally admitted
38 "SEPTIC TANK" shall mean any covered water-tight
tank not connected to the sewage system and which
is designed for the treatment of sewage
39 "SERVICE LINE" shall mean that part of the
horizontal p~ping of the building drainage system
beginning at the outside foundation wall and
terminating at its connection with the sewage
system
40 "SEWER" shall mean a pipe or conduit for carrying
wastewater
41 "SEWAGE SYSTEM" shall mean all facilities which
are owned by the C~ty of Denton for collecting,
carrying, treating and disposing of wastewater
42 "SLUG" shall mean any discharge of wastewater
which ~n concentration of any given constituent or
in quantity of flow exceeds for any period of
duration longer than fifteen (15) minutes, more
than five (5) times the average twenty-four (24)
hour concentration of flow during normal operation
43 "STANDARD INDUSTRIAL CLASSIFICATION" (SIC) shall
mean a classification pursuant to the gtandard
Industrial Classification Manual issued by the
Executive Office of the President of the Un~ted
States, Office of Management and Budget, 1977, or
latest edition
44 "STANDARD METHODS" shall mean the latest edition
of "Standard Methods for the Examination of Water
and Wastewater" prepared and published 7ointly by
the American Public Health Association, American
Waterworks Association and the Water Pollution
Control Federation
45 "STATE" shall mean the State of Texas
46 "STORM DRAIN" (sometimes termed "storm sewer")
shall mean a public drainage pipe which carries
storm and surface waters and drainage, but is not
intended to carry wastewater other than unDo]luted
cooling water
PAGE FIVE
47 "STORMWATER" shall mean rainfall or any other
forms of excess water which are derived from
precipitation
48 "SUSPENDED SOLIDS" shall mean 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
49 "TOTAL DISSOLVED SOLIDS" shall mean the material
left in the vessel after evaporation of a sample
and its subsequent drying in an oven at a defined
temperature
50 "TOXIC SUBSTANCES" shall mean any substance
whether gaseous, llquid or sol~d which, when
discharged to the sanitary sewer ~n sufficient
concentrations, as determined by the Director of
utilities, may be hazardous to sewer maintenance
and personnel, 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
51 "TRANSPORT TRUCK DISCHARGE PERMIT" shall mean a
permit to deposit or discharge septic tank,
cesspool or seepage pit wastes ~nto the City of
Denton sewage system
52 "TRAP" shall mean a device designed to skim,
settle, or otherwise remove grease, oil, sand,
flammable wastes, or other harmful substances from
wastewater before entering sewage system
53 "USER CHARGE" shall mean a charge levied on users
of the sewage system for the capital cost, as well
as the operation and maintenance of such works as
set forth in the City of Denton Code of Ordinances
54 "WASTE" shall mean rejected, unutilized, or
superfluous substances in liquid, gaseous, or
solid form resulting from domestic, agricultural,
or industrial activities
55 "WASTEWATER" shall mean the water-carried wastes
which are discharged Into the sewage system
56 "WATER CLOSET" shall mean a compartment or room
equipped with toilet that is properly connected to
the sanitary sewer and has the means for
mechanical discharge
SECTION 25-133 ADMINISTRATION
Except as otherwise provided here~n, the D~rector of
utilities of the City of Denton, or his designee, shall
administer the provisions of this Article
PAGE SIX
SECTION 25-134 PROCEDURES FOR ABATEMENT OF VIOLATIONS
1 Notice and Order Whenever the Director of Utilities has
determined that any person has violated any provision of this
Article or that such violation is continuing, reoccurrlnq 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
prevent the violation from cont~nulnq or reoccurring
Such notice and order shall state
(a) The nature of the violation and the provlslons of
this Article which have been v~olated
(b) The corrective action that must be taken to
correct or abate the violation
(c) The amount of time within which the violation must
be corrected
(d) That the person to whom the notice and order are
issued may appeal from the notice and order to the
Environmental Appeals Committee by f~llng in
writing w~th the Director of Utilities an appeal
and filing fee within ten (10) days of the service
of the not~ce and order
(e) That failure to comply with the notice and order
and failure to file a timely appeal may result in
termination of sewer service
2 Service of Not~ce and Order Any notice and order
issued under this Article shall be in writing and served in
person or by registered or certified mall on the record user or
users of the sewage system or other persons determined to be
responsible for such violation
3 Appeals Any person may appeal the not~ce and order of
the Director of Utilities by filing a written notice of appeal
with the Director of Utilities on forms provided by the D~rector
of Utilities and by paying a f~l~ng fee of $10 00 Such notice
of appeal shall be filed and f~ling fee paid w~thln ten (10)
days of service of the order
PAGE SEVEN
4 No Appeal Filed If no timely appeal and filing fee are
filed, the Director of Utilities may, if a violation is
continuing or reoccurring or may reoccur, terminate sewer
service to the person ordered to correct or abate such violation
if such violation has not been corrected or abated within the
time specified in such order
5 Hearln~ and Determination
(a) An Environmental Appeals Committee is hereby
established and authorized to hear and decide
appeals from any order ~ssued by the Director
of Utilities pursuant to said Article The
Committee shall be composed of the City
Manager, or Assistant Cltv Manager, the
Director of Utilities and the City Attorney or
their designated representative
(b) The Committee may call and hold hearlnqs,
administer oaths, receive evidence at the
hearing, issue subpoenas to compel the
attendance of witnesses and the production of
papers and documents related to the hearing,
and make findings of fact and decisions with
respect to administering its powers herein
(c) Upon the hearing, the Committee shall determine
~f there ~s substantial evidence to support the
Director of Utilities' determination and
order The decision of the Committee shall be
in writing and contain findings of fact If
the Committee determines that there
substantial evidence to support the
determination and order of the Director of
Utilities, the Committee shall, in addition to
its decision, Issue an order (1) requiring
discontinuance of such violation or condition,
(il) requiring compliance w~th any requirement
to correct or prevent any condition or
v~olat~on, or (iii) suspending or revoking any
permit ~ssued under the Article
(d) In any decision and order Issued by the
Committee, the order shall specify the time
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 hlm
by registered or certified mall
(e) Should the appellant fall to comply w~th the
order of the Committee within the t~me
specified therein, if any, the Director of
Utilities, in addition to any other remedy
provided for in this Article, may terminate
sewage service to the appellant
SECTION 25-135 PENALTIES
A person who violates any provision of this Article is
guilty of a misdemeanor and upon conviction is punishable by a
PAGE EIGHT
fine of up to Two Hundred Dollars ($200 00) for each act
violation of any provision of this Article and for each day any
violation of this Article occurs
In addition to proceeding under authority of subsection (1)
of thls section, the City is entitled to pur~ue all other
crlmlnal and clvll remedies to which ~t ls entitled under
authority of statutes or other ordinances aqalnst a person
continuing prohibited d~scharges or vlolatlnq any other
provision of this Article
SECTION 25-136 DETERMINING THE CHARACTER AND CONCENTRATION
OF WASTEWATER
The wastewater dlscharged or deposited into the sewage
system shall be subject to periodic inspection and sampling
often as may be deemed necessary by the Director of Utilities
Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents uDon the sewaqe
system and determining the existence of hazards to health, life,
limb, and property
The examination and analyses of the characteristics of
waters and wastes required by this Article shall be
(a) Conducted in accordance with the latest edition of
"Standard Methods", and
(b) Determined from suitable samples taken at the
control manhole provided or other control points
authorized by the C~ty
The determination of the character and concentration of
Industrial/commercial wastewater shall be made by the Director
of Utllities at such times and on such schedules as may be
established by the Director of Utilities
Any person determined to be discharging wastewater
vlolatlon of this Article shall comDensate the City for the cost
of sampling and monitoring the d~scharqes until such time as the
discharged wastewater ~s in compliance w~th this Article The
Director of Utilities shall determine the number of samples and
the frequency of sampling necessary to maintain surveillance of
the discharges
PAGE NINE
SECTION 25-137 APPROVAL OF PLANS, ISSUANCE OF PERMITS AND
CERTIFICATION OF FINAL INSPECTION
1 Sewage System Work Permit Required It shall be
unlawful for a~y user of the sewage system to construct,
reconstruct, modify, enlarge or alter any equipment, device,
machinery apparatus or facility or svstem 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 sewage system without first obtaining a Sewage Svstem
Work Permit from the Director of utilities
2 Requirements for Permit A Sewage System Work Permit
shall be issued when all plans, drawings and specifications are
submitted in such detail as the Director of Utilities may
require and the 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
sewage system in accordance with the provisions of this Article
3 Certificate of Final Inspection upon completion
(a) upon completion of the work to be done under
the Sewage System Work Permit, the Director of
Utilities shall inspect the work, and if done
in accordance with the permit, the Director of
Utilities shall issue a Certificate of Final
Inspection to the permit holder
(b) If the completed work does not comply with the
plans and specifications submitted for which
the permit was issued, the Director of
Utilities shall require such correction as
necessary before a Certificate of Inspection
is issued
(c) No person receiving a Sewage 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
4 R19ht to Inspect No person shall refuse the Director
of Utilities the right to inspect any work done or required to
be done under this Article
SECTION 25-138 INSPECTIONS
Representatives of the City of Denton, the Environmental
Protection Agency, the Texas Department of Water Resources, and
PAGE TEN
the Texas State Health Department, or any successor aqenc¥
bearing proper credentials and identification, shall be
permitted to enter upon all properties for the purpose of
~nspection, observation, measurements, sampling and testing of
the sewage system or any wastewater d~scharged into the sewage
system
SECTION 25-139 thru SECTION 25-149 RESERVED
DIVISION 2
SANITARY FACILITIES REQUIRED
SECTION 25-150 CONNECTIONS REQUIRED
Any owner/occupant of every building where such building is
w~thin one hundred (100) feet of any C~ty sanitary sewer and is
utilized as a dwelllng or residential unit shall construct, or
cause to be constructed, a suitable water closet upon guch
property, and shall connect or cause the same to be connected
with such sanitary sewer in accordance w~th all ordinances of
the City regulating such construction and shall, within thirty
(30) days after written notice to do so from the Director of
Utll~tles, abate and cease to use any septic tank, dry closet,
or pr~vey upon such premise
Any owner/occupant of every building where such building is
wlthln three hundred (300) feet of any City sanitary sewer and
~s utilized as a business or commercial establishment
d~scharg~ng wastewater exceeding the l~m~ts established by thl~
Ordinance shall construct, or cause to be constructed, a
suitable water closet upon such property, and shall connect or
cause the same to be connected with such sanitary sewer in
accordance with all ordinances of the City regulating such
construction and shall, w~th~n thirty (30) days after written
not~ce to do so from the Director of UtilitIes, abate and cease
to use any septic tank, dry closet, or privy upon such premise
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
PAGE ELEVEN
SECTION 25-151 SEPTIC SYSTEMS
Septlc tanks shall be installed in accordance with the
provisions of the latest edltion of the "Construction Standards
for Private Sewage Facilttles", as published by the Texas
Department of Health
SECTION 25-152 DRY CLOSETS PROHIBITED
It shall be unlawful for any person or Der~ons to build, use
or maintain any privy, or dry closet on any lot of ]and within
the corporate limits of the City exceDt for portable sanitary
privies utilized temporarily
SECTION 25-153 CONSTRUCTION OF qANITARY gEWERS
AND CONNECTIONS
The construction of sanitary sewers and connections thereto
shall be as provided in the Ordinances of the City of Denton
SECTION 25-154 OWNER RESPONSIBLE FOR MAINTENANCE OF
SANITARY SEWER SERVICE LINES
The City shall not be responslble 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 l~ne
SECTION 25-155 COMPLIANCE WITH PLUMBING RFGULATIONS
REQUIRED
Sanitary sewer service shall not be furnished to any Dremlse
where the plumbing thereof has not been installed in accordance
with the building regulations or any other provisions as
provided ~n the Ordinances of the City of Denton
SECTION 25-156 thru SECTION 25-159 RESERVED
DIVISION 3
USE OF PUBLIC SEWERS
SECTION 25-160 DISCHARGE PROHIBITIONS
It shall be unlawful for any person to discharge or cause to
be discharged into the sewage system or into a natural outlet,
materials, waters, or wastewater, if such substances may
lnterfere with the faclllties, operation, or performance of the
sewage system, or have an adverse effect on the environment, or
may otherwise endanger life, health or property, or constitute a
PAGE TWELVE
public nuisance In determining the acceDtablllt¥ of substances
for discharge into the sewage system, the Director of Utilities
shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities in the
sewer system, materlals of which the sewer system is
constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of
treatability of the substances in the wastewater treatment Dlant
and such other factors which may be pertinent to such evaluation
Substances specifically prohibited from being discharged
into the sewage system are as follows
(a) Any llqu~ds, solids or gases, including but not
limited to, gasoline, kerosene, naphtha, benzene,
toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides, ~ulfldes 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 w~th other substances to cause
fires, explosions, or be l~]urlous In any other
way to the facilities or operation of the sewage
system
(b) Any substance which causes two successive readings
on an explosion hazard meter, to be more than five
percent (5%) or any s~ngle reading over ten
percent (10%) of the Lower Explosive Limit (LEL)
of the meter as measured at the point where the
wastewater ~s discharged into the sewage system
(c) Any wastewater having a pH less than five (5),
greater than ten (10), or any wastewater having
any other corrosive property capable of causing
damage or hazard to the sewage system or any
person
(d) Any wastewater containing toxic substances in
sufficient quantity that may, either s~ngly or by
interaction with other substances, ln~ure or
interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a
toxic effect in the receiving waters of the sewage
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
(e) Any substance discharged Into the sewage svstem
such as residues, sludges, or scums, which
interferes with the reclamation process, or any
substance which causes the sewage system to be in
non-compliance w~th sludge use or disposal
guidelines or regulations developed under Section
405 of the Act, or any guidelines, or regulations
PAGE THIRTEEN
affecting sludge use or disposal promulqated
pursuant to the Solid Waste Disposal Act, the
Clean Air Act, and the Toxic Substances Control
Act as amended by the U S Congress
(f) Any liquid or vapor having a temperature higher
than one hundred fifty (150) degree~ Fahrenheit,
(65oc) If, in the opinion of the Director of
Utilities, lower temperatures of such wastewater
could harm either the sewage system, wastewater
treatment process, equipment, or have an adverse
effect on the receiving stream or could otherwise
endanger life, health or property or constitutes a
public nuisance, then the Director of Utilities
may prohibit such d~scharges
(g) Any wastewater containlng fats, wax, grease, or
oils, whether emulsif~ed or not, ~n excess of
fifty (50) mg/1 or containing substances which may
sol~d~fy or become v~scous at temperatures between
thlrty-two (32) degrees Fahrenheit, (0oc), and
one hundred fifty (150) degrees Fahrenheit,
(65oc)
SECTION 25-161 HAZARDOUS METALS OR TOXIC SUBSTANCES
1 It shall be unlawful for any person to d]scharqe into
the sewage system unless such d~scharge is allowed under the
provisions of Section 25-174, "Industrial/Commercial Wastewater
Surcharge"
(a) Any wastewater containing hazardous metals to such
degree that any such mater~al received at the
point of discharge into the sewage system exceeds
the limits established below
NOT TO EXCEED
Dally Grab
Metal Average Composite Sample
Arsenic 0 1 0 2 0 3
Barium 1 0 2 0 4 0
Cadmium 0 05 0 1 0 2
Chromium 0 5 1 0 5 0
Copper 0 5 1 0 2 0
Lead 0 5 1 0 1 5
Manganese 1 0 ? 0 3 0
Mercury 0 005 0 005 0 01
Nickel 1 0 2 0 3 0
Selenium 0 05 0 1 0 2
Silver 0 05 0 1 0 ?
Zinc 1 0 2 0 6 0
(b) Other metals not listed above which will, in the
opinion of the Dzrector of Utilities, damage the
sewage system or interfere with the treatment
process
(c) Any wastewater that contains phenollcs in excess
of 0 1 m~lligrams per ]zter (mg/1) bv welqht
(d) Any radioactive wastes or isotopes Into the public
sewers without permission of the Clt¥
PAGE FOURTEEN
(e) Quantities of flow, concentrations, or both, which
constitute a "slug" as defined herein
(f) Materials or Substances which cause
(1) Concentrations of inert suspended solids
exceeding 250 mg/1 or total dissolved solids
in concentrations greater than 800 mg/1 and
sodium sulfate in concentrations greater than
500 mg/1
(2) Concentrations of BCD exceeding ?50 mg/1, COD
requirements exceeding 250 mq/1, chlorine
requirements exceeding 9 0 mg/1 or phosphorus
concentrations exceeding 5 0 mg/1
(3) Discolorations, such as, but not l~mlted to
dye waters and vegetable tanning solution
(g) Any wastewater with a concentration of cyanide the
total of which is in excess of 1 0 mg/1
2 In cases where a user w~shes to discharge any wastewater
having characteristics exceeding maximum permissible limits
stated above, the D~rector of Utilities may, pursuant to an
Industrial Commercial Wastewater Discharge Permit granted to
such user, after conducting necessary evaluation of the
wastewater, permit such discharge if
(a) the wastewater will not cause damage to the
sewage system,
(b) the wastewater will not impair the City's
treatment process, and
(c) the user discharging the wastewater complies
wlth any pretreatment procegs and/or
requirement imposed by the D~rector of
Utilities
SECTION 25-162 DISCHARGE OF WATERS NOT CONTAINING SEWAGE
It shall be unlawful for any person to discharge unpolluted
waters into the sewage system Except w~th the approval of the
Director of Utilities, or as otherwise provided in this Artlcle,
no storm water connection from any building or yard, nor any
drain from any catch basin, lake, swamp, pond, or swimming pool,
nor any outlet for surface water, storm water or ground water of
any kind shall be connected to the sewage system
w~thin any area served by a separate sanitary sewer and a
storm sewer, no storm water shall be allowed to enter the
PAGE FIFTEEN
sanitary sewer from waste or vent pipes of any building within
any such area no down spout, roof leaders, gutters, other pipes,
or dralns such as channels which may at anv t~me carrv storm
water surface drainage derived from hydraulic pressure or from
well points, or lake water, shall be connected with any sanitary
sewer
SECTION 25-163 DISCHARGE TO A NATURAL OUTLET
It shall be unlawful for any person to discharge polluted
water to any storm sewers 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 d~scharge A valid copy of such a permit and any
modlflcations thereof must be f~led with the Director of
Utilities
SECTION 25-164 WASTEWATER DISCHARGES REQUIRING TRAPS
All persons discharging o~1, grease, sand, flammable wastes,
or other harmful substances ~n amounts that, ~n the opinion of
the Director of Ut~litles, will impede or stop the flow in the
sewage system shall ~nstall a trap before the point of discharge
into the sewage system Any person responsible for d~scharges
requiring a trap shall, at his own expense and as required by
the City
(1) provide equlpment and facilities of a type and
capac*ty approved by the C~ty,
(2) locate the trap in a manner that provides readv
and easy accessibility for cleaning and
Inspection, and
(3) maintain the trap in effective operating condition
SECTION 25-165 WASTEWATER DISCHARGE FROM TRANSPORT TRUCKS
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,
~nceptor or cesspool contents from such vehicle w~thout f~rst
PAGE SIXTEEN
having received a valid Transport Truck Discharge Permit (TTD
Permit)
TTD Permits shall be issued by the D~rector of Utilities
upon proper application and payment of a F~fty Dollar ($K0 00)
permit fee All TTD Permits shall be valid for one (1) year
No person holding a TTD Permit shall unload or d]scharqe any
waste or wastewater except in a manner and at a place as
spec~fied by the D~rector of UtilIties Before discharging
under a TTD Permit, the D~rector of Utilities may require the
person holding such permit to furnish a sample of the contents
of the material to be d~scharged as a prerequisite to
discharging into the sewage system The Director of Utilities
may refuse permission to discharge abnormal strength wastewater
~nto the sewage system
Any person d~scharging or unloading normal strength
wastewater under a TTD Permit into the sewage system shall be
charged at the regular commercial sewer rates
Any person d~scharglng abnormal strength wastewater under a
TTD Permit into the sewage system shall be charqed an
industrial/commercial surcharge rate
SECTION 25-166 THRU 25-169 RESERVED
DIVISION 4
INDUSTRIAL/COMMERCIAL WASTEWATER DISCHARGE
SECTION 25-170 INDUSTRIAL/COMMERCIAL WASTEWATER
DISCHARGE PERMIT REQUIRED
It shall be unlawful for any ma]or industrIal/commercial
user to connect to the sewage system or to d~scharge wastewater
to the sewage system without first obtaining an Industrial/
Commercial Wastewater D~scharge Permit from the D~rector of
utilities
All ma]or industrial/commercial users dischargIng wastewater
d~rectly or ~ndlrectly lnto the sewage system prior to the
effective date of th~s Article may continue that discharge one
hundred eighty (180) days after the effective date of this
PAGE SEVENTEEN
Article Prior to the expiration of the one hundred eighty
(180) day period, the ma]or industrial/commercial user shall
apply for an Industrial/Commercial Wastewater D~scharqe Permit
from the Director of Utilities
SECTION 75-171 PROCEDURE FOR OBTAINING A PERMIT FOR
INDUSTRIAL WASTEWATER DISCHARGE
1 Permit Application Ma]or lndustrlal/commerclal users
required to obtain an Industrial/Commercial Wastewater D~scharge
Permit shall complete and file with the City, an application in
the form prescribed by the City, and accompanied by a fee of
Twenty-Five Dollars ($25 00) New ma]or industrial/commercial
users shall apply at least ninety (90) days prior to connecting
to or contributing to the sewage system for an
Industrial/Commercial Wastewater Discharge Permit In supDort
of the application, the major industrial/commercial user shall
submit the following information
(a) Name, address, and location (if d~fferent from the
address)
(b) SIC number according to the Standard Industrial
Classification Manual, Bureau of the Budget, 1972,
as amended
(c) Wastewater constituents and characteristics
including but not limited to those mentioned in
this Article as determined by a reliable
analytical laboratory, sampling and analys~s shall
be performed in accordance with procedures
established by the EPA pursuant to the Act and
contained in 40 CFR, Part 136, as amended
(d) Time and duration of contribution
(e) Average daily wastewater flow rates, lnclud~nq
dally, monthly and seasonal variations if any
(f) Site plans, floor plans, mechanical and plumbing
plans and details to show all service lines, sewer
connections, and appurtenances by the size,
location and elevation
(g) Description of actlvltles, facilities and plant
processes on the premises ~nclud~ng all materials
which are, or could be, discharged
(h) Where known, the nature and concentration of any
pollutants in the discharge which are limited by
any City law or regulation, or by the State or
Categorical Pretreatment Standards, and a state-
ment regarding whether or not the pretreatment
standards are being met on a consistent basis
PAGE EIGHTEEN
(1) If additional pretreatment and/or O&M will be
required to meet the Categorical Pretreatment
Standards, the shortest schedule by which the
ma]or industrial/commercial 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 Pretreatment Standard The following
conditions shall apply to this schedule
(1) The schedule shall contain increments of
progress in the form of dates for the
commencement and completion of ma]or events
leading to the construction and operation of
additional pretreatment required for the malor
industrial/commercial user to meet the
applicable Categorical Pretreatment Standards
(e g , hiring an engineer, completing
preliminary plans, completing final plans,
executing contract for ma7or components,
commencing construction, etc )
(2) No Increment referred to in paragraph (1)
shall exceed nine (9) months
(3) Not later than fourteen (14) days following
each date in the schedule and the final date
for compliance, the masor industrial/
commercial user shall submit a progress report
to the Director of Utilities including, as a
minimum, whether or 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 progress, the
reason for delay, and the steps being taken by
the ma]or industrial/commercial 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
Director of Utilities
(3) Each product produced by type, amount, process or
processes and rate of production
(k) Type and amount of raw materials processed
(average and maximum per day)
(1) Number and type of employees, and hours of
operation of plant and proposed or actual hours of
operation of pretreatment system
(m) Any other information as may be deemed by the City
to be necessary to evaluate the permit application
2 Permit Modifications
within nine (9) months of the promulgation of a Categorical
Pretreatment Standard, the lndustrla]/commercla] Wastewater
Discharge Permit of maTor industrial/commercial users sublect to
such standards shall be revised to require compliance with such
standard within the time frame prescribed by such standard
Where a ma]or Industrial/commercial user, sublect to a
PAGE NINETEEN
Categorical Pretreatment Standard has not previously submitted
an application for an Industrial/Commercial Wastewater Discharge
Permit the ma3or industrial/commercial user shall apply for an
Industrlal/Commerclal Wastewater Discharge Permit within one
hundred e~ghty (180) days after the promulgation of the
applicable Categorical Pretreatment Standard In addltlon, the
ma3or industrial/commercial user with an ex~stlng Industrial/
Commercial Wastewater Discharge Permit shall submit to the
Director of Utll~tles within one hundred eighty (180) days after
the promulgation of an applicable Categorical Pretreatment
Standard the information required by paragraph (h) and (1) of
Section 25-171 (2 Permit Appllcatlon)
3 Permit Conditions Industr%al/Commerc~a] Wastewater
D~scharge Permits shall be expressly sub]eot to all provisions
of this Article and all other applicable regulations, maTor
~ndustrlal/commerc~al user charges and fees established by the
Code of Ordinances of the C~ty of Denton Permltg may contain
the following
(a) The unit charge or schedule of industrial/
commercial user charges and fees for the
wastewater to be discharged to the sewage system
(b) Limits on the average and maximum wastewater
constltuents and characteristics
(c) Limits on average and maximum rate and time of
discharge or requlrements for flow regulations and
equalization
(d) Requirements for installatIon and maintenance of
~nspectlon and sampling facilities
(e) Specifications for monitoring programs which may
include sampling locations, frequency of sampling,
number, types, and standards for tests and
reporting schedule
(f) Compliance schedules
(g) Requirements for submission of technical reports
or discharge reports
(h) Requirements for maintaining and retaining plant
records relating to wastewater discharge as
specified by the City and affording Cltv access
thereto
PAGE TWENTY
(1) Requirements for notification of the City of any
new introduction of wastewater constltutents or
any substantial change in the volume or character
of the wastewater constituents being introduced
into the wastewater treatment system
(1) Requirements for notification of slug dlgcharges
(k) Other conditions as deemed appropriate bv the City
to ensure compliance w~th this Article
4 Permit 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 a year or may be stated to
expire on a specified date The ma]or industrial/commercial
user shall apply for permit relssuance a minimum of one hundred
eighty (180) days prior to the expiration of the ma]or
industrial/commercial 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 ma]or
industrial/commercial user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the
effective date of change
5 Permit Transfer Industrial/Commercial Wastewater
Discharge Permits are issued to a specified malor
Industrial/commercial 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,
d~fferent premises, or a new or changed operation without the
approval of the Director of utilities Any gucceedlng owner or
ma]or industrial/commercial user shall also comply with the
terms and conditions of the existing permit
6 Reporting Requirements for Permlttee
(a) Compliance Date Report
within ninety (90) days fo]lowing the date for
f~nal compliance with applicable Categorical
Pretreatment Standards, any major ~ndustrlal/
commercial user subject to Categorical
Pretreatment Standards shall submit to the
Director of Utilities a report indicating the
nature and concentration of all pollutants in
the discharge from the regulated process which
are l~mited by Categorical Pretreatment
Standards and the average and maximum daily
PAGE TWFNTY-ONE
flow for these process units in the
industrial/commercial facility The report
shall state whether the applicable Categorical
Pretreatment Standards are being met on a
consistent basis and, if not, what additIonal
O&M and/or pretreatment is necessary to bring
the industrial/commercial user into compliance
with the applicable Categorical Pretreatment
Standards This statement shall be signed by
an authorized representative of the
industrial/commercial user and certified to by
a qualified professional
(b) Periodic Compliance ReDorts
(1) Any ma]or ~ndustrlal/commercial user
subject to a Cateqorlcal Pretreatment
Standard, after the compliance date of
such standard, shall submit to the
D~rector of Utilities during the month of
June, unless required more frequently in
the Categorical Pretreatment Standards or
by the Wastewater Industrial/Commercial
Discharge Permits, a report indicating the
nature and concentration of pollutants in
the effluent which are l~m~ted by such
Categorical Pretreatment Standards At
the discretion of the Director of
utilities and in consideration of such
factors as local high or low flow rates,
holidays, budget cycles, etc , the
Director of Utilities may agree to alter
the months durlng which the above reDorts
are to be submitted
(2) The D~rector of Ut~llties may impose mass
limitations on ma]or industrial/commercial
users which are using dilution to meet
applicable Categorical Pretreatment
Standards or in other cases where the
~mpos~t~on of mass l~mltatlons are
appropriate In such cases, the
compliance report shall indicate the mass
of pollutants regulated by Cateqorlcal
Pretreatment Standards in the effluent of
the ma]or industrial/commercial user
These reports shall comtaln the results of
sampling and analysis of the d~scharge,
~ncludlng the flow and the nature and
concentration, or production and mass
where requested by the Director of
Utilities, of pollutants contained therein
which are limited bv the applicable
Categorical Pretreatment Standard All
analysis shall be performed in accordance
with procedures pursuant to Section 304
(g) of the Act and contalned in 40 CFR,
Part 136 and amendments thereto, or w~th
any other test procedures approved by the
Director of utIlities Sampling shall be
performed in accordance with the
technlques approved by the Director of
utilities
PAGE TWENTY-TWO
SECTION 25-172 PRETREATMENT OF INDUSTRIAL WASTEWATER
Industrial/commercial users shall provide necessary
wastewater treatment as required to complv with this Article and
the Categorical Pretreatment Regulations Any fac~l~ties
required to pretreat wastewater to a level acceptable to the
Dlrector of Utilities shall be provided, operated, and
maintained at the user's expense Detailed plans showlnq th~
pretreatment fac~lltles and operat~nq procedures shall be
submitted to the D~rector of Utilities for review before
construction of such facility The review of such plans and
operating procedures w~ll in no way relieve the user from the
responsibility of modifying the facility as necessary to produce
an effluent acceptable to the D~rector of Utilities under the
provisions of thls Article Any subsequent changes ~n the
pretreatment facilities or method of operation shall be reported
to and be acceptable to the City prior to the user's ~nlt~at~on
of the changes All records relating to compliance w~th the
Categorical Pretreatment Standards shall be made available to
off~cials of the Environmental Protection Agency or City upon
request
SECTION 25-173 CONTROL MANHOLE
As a prerequisite to receiving an Industrial/Commercial
Wastewater D~schar~e Permit, the Director of Utilities may, when
necessary to monitor wastewater d~schar~ed into the sewaqe
system, require an ~ndustrlal/commerc~al user to ~nstall a
suitable control manhole together w~th such meters, equipment
and appurtenances as deemed necessary by the Director of
Ut~l~ties, ~n order to adequately sample and measure such
wastewater All requlred control manholes shall be located so
as to permit unrestrlcted access by the Director of Utilities or
h~s representatives
SECTION 25-174 INDUSTRIAL/COMMERCIAL WASTEWATER SURCHARGE
If abnormal strength ~ndustrlal/commerctal wastewater is
PAGE TWENTY-THREE
acceptable for discharge into the sewage system under the
prov%s~ons set forth under the Industrial/Commercial Wastewater
D~scharge Permlt, an industrial/commercial wastewater surcharge
shall be added to the base sewer charge to cover the additional
cost of treating abnormal strength wastewater Such surcharge
shall be calculated as follows
Cu=Vu [(Bu - 250) B + (Su-250) S) + (Xu-250)X]
Where
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 250 mg/1,
whichever is greater
B is the unit cost factor for treating one unit of BOD per 1,000 gallons
Su is the tested SS level for user x or 250 mg/1,
whichever is greater
S is the unit cost factor for treating one unit of SS
per 1,000 gallons
Xu is the tested pollutant level for user x or 250
-- mg/1, whichever is greater
X is the unit cost factor for treating one unit of
pollutant per 1000 gallons
SECTION 25-175 SUSPENSION OR REVOCATION OF PERMIT FOR
COMMERCIAL/INDUSTRIAL WASTEWATER DIqCHARGE
1 Permit Not Vested Right A permit issued under this
Article does not become a vested right in the person holding the
permit
2 Grounds for Suspension or Revocation of Permit A
permit issued under this Article may be revoked or suspended
upon any of the following grounds
(a) The permittee has or is v~olat~ng one or more
provisions of th~s Article
(b) The permlttee has failed or is falling to
comply with one or more conditions of a permit
(c) There is a change in conditions which requires
elimination or modification of the discharge
covered by a permit
(d) Revocation or suspension ~s necessary in order
to prevent harm or damage to the sewage system
or treatment process or is necessary to
PAGE TWENTY-FOUR
protect the health or welfare of persons,
animals or property
(e) The permit was obtained bv misrepresentation
or failure to disclose all relevant facts
3 Procedure for Suspension or Revocation of Permit The
Director of Utilities mav 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 permlttee in person or bv certlf%ed or
registered mall Such order of suspension or revocation shall
become effective after five (5) days from the date of service,
unless the permlttee within such five (5) day per~od files an
appeal and filing fee in accordance with Section 25-134 of this
Article
4 Procedure for Appeals From Order of Revocation or
Suspension Appeals from the order of the D~rector of Utilities
suspending or revoking a permit shall be processed and heard in
accordance with procedures for other appeals as set forth in
Section 25-134
gECTION 25-176 SUSPENDED OR REVOKFD PERMIT
Any permlttee who receives an order from the D~rector of
UtIlities revoking or suspending a permit shall discontinue any
discharge covered by the permit after five (5) days from not~ce
of such order, unless within such five (5) day per~od the
permlttee appeals such order to the Committee Any perm~ttee
who has been notified by the D~rector of UtIlities of a
suspension or revocation of a permit and does not timely appeal
such order or any permtttee who has been notified of the order
of the Committee, after a hearing, of the revocatlon or
suspension of a permit and who continues a d~scharge covered by
a permit after the effective date of the revocation or
suspension of the permit may have sewage service terminated bv
the Director of utilities
SECTION 25-177 REINSTATEMENT OF SUSPENDED OR REVOKED PERMIT
The Director of Utilities shall reinstate a suspended
Industrial/Commercial Discharge Permit upon sat~sfactorv proof
PAGE TWENTY-FIVE
to the Director of Utilities of corrective action of the
permlttee of the conditions or discharge for which the permit
was suspended
A user whose Industrial/Commerc~al Discharge Permit has been
revoked must apply for a new permit and comply with all
provisions and conditions required as though a perm%t had not
been ~ssued for such user
SECTION 25-178 through 25-180 RESERVED
PART III
That if any section, subsection, paragraph, sentence,
clause, phrase or word ~n this ordinance, or application thereof
to any person or circumstance ~s held ~nvalld by any court of
competent jurisdiction, such hold~ng shall not affect the
validity of the remaining portions of this Ordinance, and the
C~ty Council of the City of Denton, Texas, hereby declares
would have enacted such remaining portions despite any such
~nval~dity
PART IV
That thls Ordinance shall become effective fourteen (]4)
days from the date of lts passage, and the City Secretary is
hereby directed to cause the caption of this Ordinance to be
published twice ~n the Denton Record-Chronicle, the off~cta]
newspaper of the C~ty of Denton, Texas, w~thln ten (10) days of
the date of its passage
PASSED AND APPROVED th~s the ~-~-~ day of ~ , 1985
~C~D O~STkW~R~P, MAYOR
vCIT~ OF DWNTON, TEXAS
ATTEST
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
PAGE TWENTY-SIX