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AmendedbyOrdinanceNo.201217608/21/12JR
s;\legal\our documents\ordinances\11\pretreatment ordinance-as revised-tceq submittal-final.doc
ORDINANCE NO. 2011-103
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE V, ENTITLED "DIRECT AND
INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26, "UTILITIES", OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATED TO DISCHARGE INTO THE SANITARY
WASTEWATER SYSTEM; PROVIDING THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING
DEFINITIONS; PROVIDING FOR ADMINISTRATION OF PROGRAM; PROVIDING PROCEDURES FOR
ABATEMENT OF VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR DETERMINATION OF THE
CHARACTER AND CONCENTRATION OF WASTEWATER; PROVIDING FOR APPROVAL OF PLANS, ISSUANCE
OF PERMITS AND CERTIFICATION OF FINAL INSPECTIONS; PROVIDING FOR INSPECTIONS; PROVIDING
RIGHTS OF ACCESS TO INDUSTRIAL USER RECORDS; PROVIDING FOR RIGHT OF ENTRY TO USERS'
PROPERTY; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR BYPASS; PROVIDING FOR PUBLIC
PARTICIPATION; REQUIRING CONNECTION TO THE SANITARY SEWER; PROVIDING FOR THE PROHIBITION
OF DRY CLOSETS; PROVIDING FOR THE CONSTRUCTION OF SANITARY SEWERS AND CONNECTIONS;
PROVIDING FOR OWNER RESPONSIBILITY FOR MAINTENANCE OF SANITARY SEWER SERVICE LINES;
REQUIRING COMPLIANCE WITH BUILDING REGULATIONS; PROHIBITING CERTAIN DISCHARGES INTO THE
PUBLICLY OWNED TREATMENT WORKS; PROVIDING FOR SPECIFIC POLLUTANT LIMITATIONS;
PROHIBITING DISCHARGE OF WATERS NOT CONTAINING WASTEWATER TO THE WASTEWATER SYSTEM;
PROHIBITING DISCHARGE OF POLLUTED WATER TO ANY STORM SEWER OR NATURAL OUTLET;
PROVIDING FOR THE INSTALLATION OF TRAPS REGARDING CERTAIN DISCHARGES; REQUIRING PERMITS
OF WASTEWATER DISCHARGES FROM TRANSPORT TRUCKS; REQUIRING PERMITS FOR SIGNIFICANT
INDUSTRIAL USERS TO CONNECT TO THE WASTEWATER SYSTEM; PROVIDING PROCEDURES FOR
OBTAINING PERMITS; PROVIDING FOR SUSPENSION OR REVOCATION OF PERMITS AND THE EFFECT
THEREOF; PROVIDING FOR REINSTATEMENT OF SUSPENDED OR REVOKED PERMITS; REQUIRING
NECESSARY PRETREATMENT OF WASTEWATER BY SIGNIFICANT INDUSTRIAL USERS; REQUIRING
CONTROL MANHOLES; PROVIDING FOR A SURCHARGE FOR ABNORMAL STRENGTH WASTEWATER;
PROVIDING FOR THE EFFECT OF THE UNITED STATES CODE OF FEDERAL REGULATIONS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A MISDEMEANOR PENALTY NOT TO EXCEED $2,000 PER DAY FOR
VIOLATIONS OF THIS ORDINANCE; PROVIDING A CIVIL PENALTY NOT TO EXCEED $5,000 PER DAY FOR
VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE
REMEDIES THAT ARE AVAILABLE TO THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regulations of the City of Denton ("City") relating to the discharge of wastewater
to the publicly owned treatment works as prescribed in Article V of Chapter 26 of the Code of
Ordinances, are in need of amendment for consistency with the pending TPDES permit (herein so called)
contemplated to be issued to the City by the Texas Commission on Environmental Quality ("TCEQ"), in
the near future;
WHEREAS, the TCEQ has reviewed the City's regulations in conjunction with their review of the
City's request for the TPDES permit and has required certain amendments to Article V of Chapter 26 of
the Code of Ordinances;
WHEREAS, the City has held a public meeting on June 16, 2011, relating to the revisions of
Article V, "Direct and Indirect Discharge into Sanitary Wastewater System", of Chapter 26, "Utilities", of
the Code of Ordinances of the City of Denton;
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WHEREAS, the City Council of the City of Denton finds the proposed amendments to Article V of
Chapter 26 of the Code of Ordinances to be in the best interest of the citizens of the City of Denton,
Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Sections 26-151 through 26-209, Article V, "Direct and Indirect Discharge in
the Sanitary Sewer System", Chapter 26 "Utilities", of the Code of Ordinances, City of Denton, Texas, are
hereby amended to read as follows:
ARTICLE V. INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 26-151. Purpose.
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment
Works for the City of Denton and enables the city to comply with all applicable State and Federal laws,
including the Clean Water Act (33 United States Code § 1251 et seq.} and the General Pretreatment
Regulations (40 Code of Federal Regulations Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
interfere with its operation;
(b) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
pass through the Publicly Owned Treatment Works, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
(c) To protect both Publicly Owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the Publicly
Owned Treatment Works;
(e) To enable the City of Denton to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other Federal or
State laws to which the Publicly Owned Treatment Works is subject.
Sec. 26-152. Scope.
This article shall apply to the 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).
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(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 and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abnormal strength wastewater means any wastewater having a suspended solids, BOD, COD,
chlorine demand or total phosphate concentration in excess of that found in normal strength
wastewater.
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 the regional administrator of the EPA, or the director of a state
agency delegated to act on the EPA's behalf with an approved pre-treatment program (eg, director of
TCEQ).
Approved methods means analysis performed in accordance with 40 CFR 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 million dollars ($25,000,000.00) (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
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 authorization 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 authorization is submitted to the City of Denton.
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BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams
per liter.
Building means any structure used or intended for supporting or sheltering any use or
occupancy.
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 containing 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 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 irrespective of stream flow; or as a flow proportional composite
sample: collected either as a constant sample volume at time intervals proportional 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.
utilities.
Control authority means the City of Denton acting by and through its assistant city manager -
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 discharge means the discharge of a pollutant measured during a calendar day or any 24-
hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with
limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the
pollutant discharged over the day. For pollutants with limitations expressed in other units of
measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the
day.
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Daily Maximum Limit means the maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the
total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day.
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.
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.
Assistant city manager- 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 or Discharge means the introduction of pollutants into the POTW from any
nondomestic source.
Industrial/commercial user means any non-domestic source discharging 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 disrupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and therefore, is a cause of a violation of the City of Denton's NPDES permit
or of the prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or 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.
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May means that the possibility or likelihood of response exists; discretionary action.
mg/l means milligrams per liter.
Monthly Average Limit means the highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
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 construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section,
provided that:
a. The building, structure, facility, or installation is constructed on a site at which no other
sourceis located; or
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing source, should
be considered.
(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:
L 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 necessary for the placement,
assembly, or installation of new source, facilities or equipment; or
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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 terminated 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 analyzed 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) milligrams 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 Elimination System (NPDE'S) permit as
issued pursuant to section 402 of the Act (33 U.S.C. 1342).
Objectionable waste means any wastewater that can harm 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.
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 containing 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 unsightly 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, solution 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
reclaimed. This definition includes all sanitary sewers that convey wastewater to the contracted POTW
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treatment plants. For the purposes 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.
Pretreatment standard, or National 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:
(1) Discharge prohibitions and local limits established pursuant to 40 CFR 403.5; and
(2) 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
transmission of disease to or between any person or persons.
Sanitary sewer means a sewer intended to receive domestic wastewater and admissible
industrial/commercial wastewater, but to which stormwater, surface water and groundwaters are not
intentionally admitted.
Septic tank means any covered watertight tank not connected to the wastewater system and
which is designed for the treatment of wastewater.
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 contact 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 products.
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.
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(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
(b) Contributes a process wastestream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
(c) Is designated as such by the city on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement, the city may at any time, on its own
initiative or in response to a petition received from a user, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should not be
considered a significant industrial user.
Significant noncompliance means:
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of all of the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-
three (33) percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC;
(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 environment or has resulted in the POTW's exercise of its
emergency authority under provisions of the City of Denton Code of Ordinance to
halt or prevent such a discharge;
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(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
to starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty (30) days after the due date, required reports such
as baseline monitoring reports, ninety-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-
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 prohibitions under section 26-187 or 40 CFR 403.5(b) to 403.12(f).
Standard industrial classification (SIC) means a classification 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.
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 carries stormwater and surface
waters and drainage, but is not intended to carry wastewater other than unpolluted cooling water.
Stormwater 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 oven at a defined temperature.
Toxic substance means any substance, whether gaseous, liquid or solid, which, when discharged
to the sanitary sewer in sufficient concentrations, as determined by the executive assistant city manager
- 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.
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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 substances from wastewater before entering the wastewater system.
User or industrial user means a source of indirect discharge.
User charge means a charge levied on users of the wastewater system for the capital cost, as
well as the operation and maintenance 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 toilet that is properly connected
to the sanitary sewer and has the means for mechanical discharge.
Sec. 26-154. Administration.
Except as otherwise provided, the assistant city manager - utilities shall administer the
provisions of this article.
Sec. 26-155. Procedures for abatement of violations.
(a) Administrative Enforcement Remedies.
(1) Notice of Violation. When the assistant city manager - utilities finds that a user has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, the
assistant city manager - utilities may serve upon that user a written notice of violation.
Within the timeframe specified in this notice, which is usually but not always ten days, an
explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted by the user to the assistant
city manager - utilities. Submission of this plan in no way relieves the user of liability for any
violations occurring before or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the assistant city manager - utilities to take any action, including
emergency actions or any other enforcement action, without first issuing a notice of
violation.
(2) Administrative Orders.
L Compliance Orders. When the assistant city manager - utilities finds that a user has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, the
city manager - utilities may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
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treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not
extend the deadline for compliance established for a pretreatment standard or
requirement, nor does a compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
ii. Cease and Desist Orders. When the assistant city manager - utilities finds that a user
has violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the assistant city manager - utilities may
issue an order to the user directing it to cease and desist all such violations and directing the
user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
(b) Service of notice or order. Any notice or 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.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
(c) Appeals. Any person may appeal an order of the assistant city manager - utilities by filing a
written notice of appeal with the assistant city manager - utilities on forms provided by the
Utilities Administration Office. Such notice of appeal shall be filed within (10) days of service
of the order.
(d) Termination of service. If no timely appeal is filed, the assistant city manager - utilities may,
if a violation is continuing or reoccurring or may reoccur, terminate wastewater 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.
(e) Emergency suspension of service.
(1) Suspension. The assistant city manager - 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 sanitary sewer or storm sewer when such suspension is necessary in
the opinion of the assistant city manager - utilities to stop an actual or threatened
discharge which:
L Presents or may present imminent substantial danger to the environment or to
provided by the health or welfare of persons;
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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
assistant city manager - utilities shall notify the user or the person discharging to the
wastewater or storm sewer of the suspension, and order such person to cease the
discharge immediately.
(3) Other steps. If a person fails to comply with a notice or order issued under subsection
(a), the assistant city manager - 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 assistant city manager - utilities shall reinstate suspended
services to the wastewater user or to the person discharging to the storm sewer:
L Upon proof by such person that the non-complying discharge has been eliminated;
ii. Upon payment by such person of its outstanding water, sewer and stormwater
utility charges;
iii. Upon payment by such person of all costs incurred by the city in responding to the
discharge or threatened discharge; and
iv. Upon payment by such person of all costs incurred by the city in reconnecting
service.
(5) Written statement. Within five (5) days of the day of suspension of services, the
wastewater user or the person discharging to the storm sewer shall submit to the
assistant city manager - utilities a detailed written statement describing the cause of the
discharge and the measures taken to prevent any future occurrence.
(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.
(f) Hearing and determination.
(1) An environmental appeals committee is hereby established and authorized to hear and
decide appeals from any order issued by the assistant city manager - utilities pursuant to
this article. The committee shall be composed of three (3) members appointed by the
city manager. No individual appointed to the committee shall be employed in the chain
of command of the assistant city manager - utilities.
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(2) The committee may call and hold hearings, administer 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 assistant city manager - utilities determination and order. The decision of
the committee shall be in writing and contain findings of fact. If the committee,
determines that there is substantial evidence to support the determination and order of
the assistant city manager - 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.
(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 assistant city manager - utilities, in addition to any other
remedy provided for in this article, may terminate sewer service to the appellant.
Sec. 26-156. Penalties.
(a) A person who violates any provision of this article shall, upon conviction by the municipal
court, 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 jurisdiction. 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 responding to a violation of this chapter;
(4) A daily civil penalty of up to the maximum provided by Texas Local Government Code
54.017 (b) for a violation of sections 26-151 through 26-208; and
(5) All other damages, costs and remedies to which the city may be entitled.
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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 assistant city
manager - 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 section 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, the assistant city manager - 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
assistant city manager - utilities at such times and on such schedules as may be established by
the assistant city manager - 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 discharged wastewater is in compliance with this article. The assistant city, manager -
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 unlawful for any user of the wastewater
system to construct, reconstruct, 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 system without first obtaining a wastewater system work permit from the assistant
city manager - 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 assistant city manager - utilities
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may require and the assistant city manager - 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 article.
(c) Certificate of final inspection upon completion.
(1) Upon completion of the work to be done under the wastewater system work permit,
the assistant city manager - utilities shall inspect the work and, if done in accordance
with the permit, the executive assistant city manager - utilities shall issue a certificate of
final inspection 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 assistant city manager - utilities shall require such
correction as necessary before a certificate 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 assistant city manager - utilities the right to inspect
any work done or required to be done under this article.
Sec. 26-159. Inspections.
Representatives of the city, the EPA, the Texas Commission on Environmental Quality and the
state health department or any successor agency bearing 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
wastewater 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. The city will, at a minimum, inspect all Significant Industrial Users once per year.
Sec. 26-160. Access to industrial user records
(a) The assistant city manager - 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 discharge 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 assistant
city manager - utilities.
(c) The constituents and characteristics of wastewater discharged by an industrial user shall not be
considered confidential and shall be available to the public without restriction.
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Other information obtained from documents, memorandum, reports, correspondence,
questionnaires, permit applications, permits, 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 assistant city manager - utilities, that the
information is to be considered confidential. Information submitted to the assistant city
manager - utilities by the industrial user shall be stamped "confidential 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
assistant city manager - utilities in consultation with the city attorney shall determine if such
information is protected 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 information is obtained by the assistant city manager - utilities, it
will be available to the public without further notice.
(d) All non-domestic users shall furnish, upon request, to the city, information needed to develop a
systematic program according to the pretreatment standards or requirements. The information
must be available to the assistant city manager - utilities for inspection and reproduction.
Sec. 26-161. Right of entry.
The assistant city manager - utilities shall have the right to enter the premises of any User to determine
whether the User is complying with all requirements of this ordinance and any individual wastewater
discharge permit or order issued hereunder. Users shall allow the assistant city manager - utilities ready
access to all parts of the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(a) Where a User has security measures in force which require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the assistant city manager - utilities
shall be permitted to enter without delay for the purposes of performing specific
responsibilities.
(b) The assistant city manager - utilities shall have the right to set up on the User's property, or
require installation of, such devices as are necessary to conduct sampling and/or metering of
the User's operations.
(c) The assistant city manager - utilities may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all times in
a safe and proper operating condition by the User at its own expense. All devices used to
measure wastewater flow and quality shall be calibrated at a frequency determined by the
assistant city manager-utilities to ensure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written or verbal request of the
assistant city manager - utilities and shall not be replaced. The costs of clearing such access shall
be borne by the User.
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(e) Unreasonable delays in allowing the assistant city manager - utilities access to the User's
premises shall be a violation of this ordinance.
Sec. 26-162 Affirmative defense to discharge violations
If a person can establish that an event that would otherwise be a violation of article V of this chapter or
a permit issued under article V of this chapter was caused solely by an act of God, war, strike, riot, or
other catastrophe, the event is not a violation of this article V of this chapter or permit.
Sec. 26-163 Bypass
(a) For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (c). and (d). of this
section.
(c) Bypass Notification
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
assistant manager - utilities, at least ten days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the assistant manager - utilities of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass, including exact dates
and times, and, if the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The assistant manager - utilities may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(d) Bypass
(1) Bypass is prohibited, and the assistant manager - utilities may take an enforcement action
against a user for a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
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(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(iii) The user submitted notices as required under paragraph (c). of this section.
(2) The assistant manager - utilities may approve an anticipated bypass, after considering its
adverse effects, if the assistant manager - utilities determines that it will meet the three
conditions listed in paragraph (d)(1) of this section.
Sec 26-164 Public participation
The assistant city manager - utilities shall publish annually, in the largest daily newspaper published in
the municipality where the POTW is located, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards and requirements.
Secs. 26-165 to 26-170. Reserved.
DIVISION 2. SANITARY FACILITIES REQUIRED
Sec. 26-171. Connections required.
(a) Any owner or occupant of every building where such building 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 assistant city manager- utilities, 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 building is within three hundred (300) feet
of any city sanitary sewer and is utilized as a business or commercial establishment discharging
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 ordinances of the city
regulating such construction and shall, within thirty (30) days after written notice to do so from
the assistant city manager - 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. Reserved.
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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.
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. Reserved.
Secs. 26-178--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 (1301),
etc.). In determining the acceptability of substances for discharge into the wastewater system,
the assistant city manager - utilities shall give consideration to such factors as the quantities of
subject substances 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 treatment plant, degree of treatability of the substances in the
wastewater 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, carbides, 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 wastewater system
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including wastestreams with a closed-cup flash point of less than one hundred forty (140)
degrees Fahrenheit (sixty (60) degrees Celsius) 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 measured 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 sufficient quantity that may, either singly
or by interaction with other substances, injure or cause interference 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 interference with the reclamation process or any substance 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 Substances 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°F). If, in the opinion of the assistant city
manager - utilities, lower temperatures 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 assistant city manager - 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 Fahrenheit (104°F) forty degrees
Celsius(40°C).
(7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess
of two hundred (200) mg/I 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 assistant city manager - utilities may reject any waste which does not meet the
requirements of this ordinance. The assistant city manager - utilities may require any
information from an industrial user necessary to determine the characteristics of the
user's wastewater discharge prior to the commencement of such discharge to the POTW.
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The assistant city manager - utilities may deny or condition new, increased or changed
contributions.
(9) Petroleum oil, nonbiodegradable cutting oil, or products 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 assistant city
manager - 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 provisions of section 26-208, any of the following:
(a) The following pollutant limits apply at the point where the wastewater is discharged to the
POTW and are established to protect against Pass Through and Interference. No person shall
discharge wastewater containing in excess of the following Daily Maximum Limits.:
TABLEINSET:
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS
Composite Values
Aluminum
137.45
Arsenic
0.12
Cadmium
0.08
Chromium
2.19
Chromium (VI)
0.66
Copper
0.84
Cyanide
0.36
Lead
0.51
Mercury
0.0006
Molybdenum
1.18
Nickel
1.10
Selenium
0.09
Silver
0.13
Zinc
0.96
All concentrations for pollutants are for "total" values unless otherwise indicated.
(b) Other metals not listed in subsection (1)(a) of this section which will, in the opinion of the
assistant city manager - utilities, damage the wastewater system or interfere with the treatment
process;
(c) Toxic organics found in quantifiable concentration greater than 0.01 mg/I (10 ppb) shall not
total more than 2.13 mg/I for any discharge. Any organic compound considered toxic by the
assistant city manager - utilities and reasonably expected to be found in the industrial user's
discharge may be included in the calculations of total toxic organics.if detected in any industry's
discharge in quantifiable concentration greater than 0.01 mg/I;
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(d) Any radioactive wastes or isotopes into the public wastewater system without permission of the
city;
(e) Quantities of flow, concentrations or both which constitute a slug;
(f) Materials or substances which cause:
(1) Concentrations of suspended solids or BOD in excess of two hundred fifty (250) mg/I;
(2) Concentrations of phosphorous exceeding five (5) mg/I;
(3) Discolorations, such as but not limited to dye waters and vegetable tanning solution.
(g) National categorical pretreatment standards. The categorical pretreatment standards found at
40 CFR Chapter I, Subchapter N are hereby incorporated.
(h) Waters contaminated by petroleum fuel or petroleum substances according to the following
effluent limitations (TPDES GENERAL PERMIT NO. TXG 830000; under provisions of Section 402
of the Clean Water Act and Chapter 26 of the Texas Water Code):
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS
Composite Values
Total Petroleum Hydrocarbons (TPH)
15
Total Lead
0.10
Benzene
0.005
Total BTEX
0.10
Polynuclear Aromatic Hydrocarbons (PAH)
0.01
MTBE
0.24
(1) The above constituents shall be measured or analyzed as follows:
(A) TPH must be analyzed using Texas method 1005.
(B) BTEX shall be measured as the sum of benzene, toluene, ethylbenzene, and total xylenes (EPA
Method 8260 B).
(C) PAH shall be measured as the sum of acenapthene, acenapthylene, anthracene,
benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene,
benzo(a)pyrene, chrysene, dibenzo(a,h)anthracene, fluoranthene, fluorine, indeno(1,2,3-cd)pyrene,
naphthalene, phenanthrene, and pyrene.
(D) MTBE, as referenced above, is methyl tert-butyl ether.
(i) The pollutant limits in (b) through (f) and (h) of this section will be applied to Industrial/Commercial
Users through inclusion in an Industrial/commercial wastewater discharge permit when the
assistant city manager - utilities determines that the pollutant(s) is reasonably expected to be
present in the Industrial/Commercial User's Indirect Discharge.
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Sec. 26-188. Discharge of waters not containing wastewater.
(a) It shall be unlawful for any person to discharge unpolluted waters into the wastewater
system. Except with the approval of the assistant city manager - utilities or as otherwise
provided in this article, no stormwater connection from any building or yard nor any drain
from any catchbasin, lake, swamp, or pond nor any outlet for surface water, stormwater 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 stormwater 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 stormwater, surface drainage derived from hydraulic pressure or from
well points or 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 discharge. A
valid copy of such a permit and any modifications thereof must be filed with the assistant city manager -
utilities.
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 assistant city manager - utilities, will impede or stop the flow in the
wastewater system shall install a trap before the point of discharge into the wastewater system. Any
person responsible for discharges requiring a trap shall, at his own expense and as required by the city:
(a) Provide equipment and facilities of a type and capacity approved by the city;
(b) Locate the trap in a manner that provides ready and easy accessibility for cleaning and
inspection; and
(c) 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, interceptor 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 assistant city manager - 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.
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(c) Unloading or discharge of waste or wastewater. It shall be unlawful for any person holding a
TTD permit to unload or discharge any waste or wastewater except in a manner and at a
place as specified by the assistant city manager - utilities. Before discharging under a TTD
permit, the assistant city manager - 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 assistant city manager - utilities may refuse
permission to discharge abnormal strength wastewater into the wastewater system.
(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/commercial surcharge rate.
Secs. 26-192--26-200. Reserved.
DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE
Sec. 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/commercial wastewater discharge permit from the assistant city manager -
utilities.
(b) All significant industrial users discharging wastewater 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 assistant city manager -
utilities.
Sec. 26-202. Sarre--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
prescribed 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;
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(4) Wastewater constituents and characteristics, including but not limited to those
mentioned in this article as 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 connections and appurtenances by size, location and
elevation;
(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 pollutants in the discharge
which are limited by any city law or regulation or by the state or categorical
pretreatment 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 pretreatment standard. The following
conditions shall apply to this schedule:
L The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the 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.
ii. No increment referred to in subsection (a)(10)i. of this section shall exceed
nine (9) months.
iii. Not later than fourteen (14) days following each date in the schedule and the
final date for compliance, the significant industrial user shall submit a progress
report to the assistant city manager - 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 significant
industrial user to return the construction to the schedule established. In no
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event shall more than nine (9) months elapse between such progress reports
to the assistant city manager - utilities.
(11) Each product produced by type, amount, process or processes 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 timeframe prescribed by such standard. Where a significant industrial user
subject to a categorical pretreatment standard has not previously submitted an application
for an industrial/commercial wastewater discharge permit, the significant industrial 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 assistant city
manager - utilities, within one hundred eighty (180) days after the promulgation of an
applicable categorical pretreatment standard, the information required by subsections (a)(8)
and (a)(9) of this section.
(c) Conditions. Industrial/commercial wastewater discharge permits shall be expressly subject
to all provisions of this article 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 discharged to the wastewater system;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of 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;
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(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 substantial 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 expiration 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 industrial 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. Wastewater discharge permits may be transferred to a new owner or operator
only if the permittee gives at least 90 days advance notice to the assistant city manager -
utilities, and the assistant city manager - utilities approves the wastewater discharge permit
transfer. The notice to assistant city manager - utilities must include a written certification
by the new owner or operator which:
(A) States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
(B) Identifies the specific date on which the transfer is to occur; and
(C) Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as
of the date of facility transfer. A copy of the existing control mechanism will be provided to the
new owner or operator by the permittee and the Assistant City Manager- Utilities.
(f) Reporting requirements for permittee. The permittee shall submit the following reports:
(1) All significant industrial users, including new sources, that are subject to categorical
pretreatment standards must submit baseline monitoring reports (BMRs) to the
assistant city manager - utilities in accordance with 40 CFR 403.12(b).
i. Identifying information. The name and address of the facility, including the
name of the operator and owner.
ii. Environmental permits. A list of any environmental control permits held by or
for the facility.
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iii. Description of operations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operations 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.
iv. Flow measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated process
streams and other streams, as necessary to allow use of the combined
wastestream formula set out in 40 CFR 403.6(e).
v. 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
assistant city manager - utilities of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and long-
term average concentrations or mass, where required, shall be
reported. The sample shall be representative of daily operations and
shall be analyzed in accordance with procedures set out in section 26-
157(b) of this article.
3. Sampling must be performed in accordance with procedures set out in
section 26-157(a)(1) and (2) of this ordinance.
A Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional operation
and maintenance (0&M) and/or additional pretreatment is required to meet
the pretreatment standards and requirements.
vii. 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 0&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 leading to the construction and operation of
additional 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, commencing and completing
construction and beginning and conducting routine operations);
2. No increments referred to above shall exceed nine (9) months;
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3. The user shall submit a progress report to the assistant city manager -
utilities no later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps 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 assistant city manager - utilities.
viii. Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 26-202(f)(12) and (f)(13) of this article.
(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 assistant city manager - utilities a ninety-
day compliance report in accordance with 40 CFR 403.12(d).
(3) Significant industrial users not classified as categorical standard industries may, at the
discretion of the assistant city manager - utilities, be required to submit a baseline
monitoring report and/or a ninety-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 assistant city manager - utilities in accordance with 40 CFR
403.12(e).
(5) Significant industrial users, not subject to federal categorical limitations, may be
required to submit a semi-annual compliance report to the assistant city manager -
utilities in accordance with 40 CFR 403.12(h).
(6) Semi-annual compliance reports required under subsection (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 assistant city manager - 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) Significant Industrial Users shall perform self-monitoring sampling and analysis of the
regulated process wastestream(s) at a minimum frequency of once during each semi-
annual compliance reporting period, unless the Control Authority performs the
required sampling in lieu of the industrial user pursuant to 40 CFR 403.12(g) and 40
CFR Part 403.12(h).
(8) Self-monitoring samples shall be collected, preserved and analyzed in accordance with
approved methods.
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(9) For each self-monitoring samples, the industrial user shall submit an industrial self-
monitoring sampling report which shall include:
i. The date, exact place, sampling method, preservation method, times of
sampling and the name(s) of the person(s) taking the samples;
ii. The dates the analyses were performed;
iii. The analytical techniques/method used; and
iv. The results of the analyses.
(10) For categorical industries, at least once during each semi-annual compliance reporting
period, self-monitoring samples shall be analyzed for all federally regulated
parameters.
(11) If self-monitoring indicates a violation, the industrial user shall notify the assistant city
manager - utilities within twenty-four (24) hours of receiving the results. The industrial
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-day submission deadline is observed.
(12) All compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must be signed by an authorized
official of the industrial user in accordance with 40 CFR Part 403.12(1). The authorized
official may designate a representative, in writing, to the assistant city manager -
utilities. The authorization must specify either an individual or a position having
responsibility for the overall operation of the facility from which the industrial
discharge originates, or having overall responsibility for environmental matters for the
industrial user. If the authorization becomes invalid because of changes in
responsibilities or personnel, a new written authorization must be submitted to the
assistant city manager - utilities prior to or along with any report being signed and
submitted by the new representative.
(13) 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 direction or supervised in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate and complete. I am aware that there
are significant penalties for submitting false information including the possibility of
fine and imprisonment."
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(14) 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.
(15) An industrial user shall notify the assistant city manager - utilities, the EPA regional
waste management division 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)
(16) Each user must notify the Assistant City Manager- Utilities of any planned changes to
the user's operations or system which might alter the nature, quality, or volume of its
wastewater at least 90 (ninety) days before the change.
i. The Assistant City Manager - Utilities may require the user to submit such
information as may be deemed necessary to evaluate the changed
condition, including the submission of a wastewater discharge permit
application.
ii. The Assistant City Manager - Utilities may issue an industrial/commercial
wastewater discharge permit or modify an existing permit in response to
changed conditions or anticipated changed conditions.
iii. For purposes of this requirement, significant changes include, but are not
limited to, flow increases of 20% or greater, the discharge of any previously
unreported pollutants, changes or additions in process(es) which generate
wastewater, or changes to pretreatment facilities.
(17) The reports and other documents required to be submitted or maintained under this
section shall be subject to:
i. The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
ii. The provisions of Sections 309(c)(4) of the Act, as amended, governing false
statements, representation, or certification;
iii. The provisions of Section 309(c)(6) of the Act regarding responsible
corporate offices; and
iv. 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:
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(1) The permittee has or is violating one (1) or more provisions 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 elimination 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 assistant city manager - 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 therefore and shall be served upon the
permittee in person or by certified or registered mail. Such order of suspension or
revocation shall become effective after five (5) days from the date of service, unless the
permittee 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 suspension. Appeals from the order of the
assistant city manager - utilities 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 assistant city manager - 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
assistant city manager - utilities of a suspension or revocation of a permit and does not 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 revocation or suspension of the permit may have sewer service terminated by the
assistant city manager - utilities.
Sec. 26-205. Same--Reinstatement of suspended or revoked permit.
(a) The assistant city manager - utilities shall reinstate a suspended industrial/commercial
wastewater discharge permit upon satisfactory proof to the assistant city manager - utilities
of corrective action of the permittee of the conditions or discharge for which the permit was
suspended.
(b) A user whose industrial/commercial wastewater discharge permit has been revoked must,
apply for a new permit and comply with all provisions and conditions required as though a
permit had not been issued for such user.
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Sec. 26-206. Pretreatment of industrial wastewater.
Significant industrial users shall provide necessary wastewater treatment as required to comply
with this article and the categorical pretreatment regulations. All wastewater treatment and treatment
systems shall be provided, operated and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the assistant city manager -
utilities for review before construction of such facilities. The review of such plans and operating
procedures will in no way relieve the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the assistant city manager - utilities under the provisions of this
article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the city prior to the user's initiation of the changes. All records relating to
compliance 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 wastewater discharge permit, the
assistant city manager - 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 appurtenances as deemed necessary by the assistant city manager-
utilities in order to adequately sample and measure such wastewater. All required control manholes
shall be located so as to permit unrestricted access by the assistant city manager- 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 wastewater. Such surcharge shall be calculated as follows:
Cu = Vu [(Bu - 250) B + (Su - 250) S)]
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 two hundred fifty (250) mg11, 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/I, whichever is greater.
S is the unit cost factor for treating one (1) unit of SS per one thousand (1,000) gallons.
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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.
SECTION 2. It is hereby declared to be the intention of the City Council of the City of Denton,
Texas, that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable. If
any section, subsection, paragraph, sentence, 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 portion despite any
such invalidity.
SECTION 3. That any person who shall violate any provision of this ordinance, or fails to comply
therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty
of a misdemeanor punishable by a daily fine not to exceed two thousand dollars ($2,000) per day and
subject to a daily civil penalty not to exceed the sum of five thousand dollars $5,000) per day. 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 or adjudication of
any such violations such person shall be punished within the limits above.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage. The City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage. 1
PASSED AND APPROVED this the2 day of 12011.
MA I A. B R S, R
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
AP OVED AS 0 LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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