2012-176ORDINANCE NO. 2O 12-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REVISING THE FATS, OILS AND
GREASE CONTROL PROVISIONS CONTAINED IN CHAPTER 26 OF THE DENTON
CODE OF ORDINANCES, RELATING TO "UTILITIES," AND HERESY REPEALING
SECTIONS 26-190 AND 26-191 OF THE DENTON CODE OF ORDINANCES; AND
HEREBY ADOPTING ARTICLE XII — LIQUID WASTE, DIVISIONS 1, 2, 3 AND 4;
PROVIDING FOR THE PURPOSE AND POLICY OF THE ORDINANCE; PROVIDING FOR
THE INCORPORATION BY REFERENCE OF THE PROVISIONS AND RECITATIONS
CONTAlNED IN THE PREAMBLE OF THE ORDINANCE INTO THE ORDINANCE;
PROVIDING FOR THE APPLICABILITY AND PROHIBITIONS OF THE ORDINANCE;
PROVIDING FOR DEFINITIONS PROMULGATED 1N SECTION 26-153 OF THIS
CHAPTER; PROVIDING FOR OTHER DEFINITIONS; PROVIDING FOR
1NSTALLATIONS OF GREASE TRAPS FOR NEW FACILITIES AND EXISTING
FACILITIES; PROVIDING FOR RESPONSIBILITIES OF PERSONS SUBJECT TO THE
ORDINANCE; PROVIDING FOR THE REQUIREMENT OF A PERMIT; PROVIDING FOR
MANIFEST REQUIREMENTS FOR PERSONS WHO GENERATE, COLLECT, AND
TRANSPORT GREASE INTERCEPTOR AND GRIT TRAP/OIL WASTE; PROVIDING FOR
RESPONSIBILITIES FOR EACH GREASE INTERCEPTOR OR GRIT-TR.AP/OIL
SEPARATOR THAT IS PUMPED; PROVIDING FOR ABATEMENT OF VIOLATIONS;
PROVIDING THAT THE CITY MANAGER OR HIS DESIGNEE MAY SEEK ANY AND
ALL ENFORCEMENT REMEDIES NECESSARY TO ENSURE CONTINUED
COMl'LIANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A MISDEMEANOR
PUNISHMENT OF NOT-TO-EXCEED $2,000 PER DAY FOR VIOLATIONS OF THIS
ORDINANCE FOR ANY PROVISION OF THE ORDINANCE THAT GOVERNS THE
PUBLIC HEALTH AND SANITATION, OR FAILS TO COMPLY THEREWITH OR WITH
ANY REQUIREMENTS THEREOF, OR A PERMIT OR CERTIFICATE ISSUED
THEREUNDER; PROVIDING A CIVIL PENALTY NOT-TO-EXCEED $5,000 PER DAY
FOR VIOLATIONS OF THIS ORDINANCE THAT RELATES TO POINT SOURCE
EFFLUENT LIMITATIONS, OR THE DISCHARGE OF POLLUTANT, OTHER THAN A
NON-POINT SOURCE, 1NT0 A SEWER SYSTEM, 1NCLUDING A SANITARY OR
STORM WATER SEWER SYSTEM OWNED BY THE CITY; PROVIDING THAT ANY
PERSON OR ENTITY VIOLATING THIS ORDINANCE 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; TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE
REMEDIES THAT ARE AVAILABLE TO THE CITY; PROVIDING FOR PUSLICATION
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council heretofore recently enacted Ordinance No. 2011-103 on
the 21St day of June, 2011 relating to the discharge of wastewater to the publicly-owned
treatment works as prescribed in Article V of Chapter 26 of the Denton Code of Ordinances; and
the City Council, by this ordinance, is revising the Fats, Oil and Grease control provisions which
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are included in the Denton Code of Ordinances to create a"Fats, Oil and Grease ("FOG")
Control Program," and
WHEREAS, the main focus of a FOG Control Program is to prevent the pollutants from
entering the sanitary sewer, thereby reducing the need to employ costly reactive approaches; said
program is designed to control commercial sources, such as food service establishtnents, track all
disposals by liquid waste hauling companies, and conduct outreach for citizens and commercial
facilities; and
WHEREAS, effectively identifying and characterizing the major sources of fats, oil and
grease in the City will result in a more effective utilization of municipal resources; and help
diminish the likelihood of Sanitary Sewer Overflows ("SSO"); and
WHEREAS, this ordinance provides for the "25% rule" which is the industry consensus;
said 25% rule is also found in the Texas Commission on Environmental Quality - Model
Ordinance as well as the Plumbing and Drainage Institute's Model Ordinance; said 25% rule
states that a trap or interceptor works efficiently to control grease discharges to the sanitary
sewer until the effluent side of the trap contains 25% or more solids of the wetted height of the
trap; if a trap contains more than 25% solids in the effluent chamber, efficiency is greatly
decreased, thus allowing for increased FOG discharges into the sewer; arid
. WHEREAS, the Texas Water Code, Section 26.176(a) provides that cities owning a
disposal system are empowered, and shall, enact and enforce rules, ordinances, orders, or
regulations to control and regulate the type, character, and quality of waste to be discharged into
the sewer disposal system, in order to protect the health and safety of personnel who maintain
and operate the disposal system, and to prevent unreasonable adverse effects on the disposal
system; and
WHEREAS, the Public Utilities Board of the City of Denton, Texas has considered this
proposed ordinance at an open meeting on the llth day of June, 2012 and recommended
approval of the ordinance by a vote of five members for approval, and norie against; and
WHEREAS, the Staff has previously conducted a public meeting on this proposed
ordinance on the 22nd day of March, 2012 to obtain the input of residents and to answer any
questions or concerns about said proposed ordinance, after notice was duly posted for the same;
and
WHEREAS, the City Council hereby finds that this ordinance provides for reasonable
measures which prevent or minimize sanitary sewer overflows, and is necessary and appropriate
for the public health and welfare; and
WHEREAS, the City Council of the City of Denton, Texas finds that the proposed
amendments to Article XII. of Chapter 26, of the Code of Ordinances to be in the best interest of
the residents of the City of Denton, Texas; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The provisions and recitations stated in the preamble herein are
incorporated by reference herewith as a part of this ordinance.
SECTION 2. Section 26-190 "Wastewater discharges requiring traps" and Section 26-
191, "Wastewater discharge from transport trucks" of Division 3, Use of Public Sewers, Article
V, "Indirect Discharge Into Sanitary Wastewater System," Chapter 26 "Utilities", of the Code of
Ordinances, City of Denton, Texas, are hereby repealed.
SECTION 3. Article XII, entitled "Liquid Waste" of Chapter 26, "Utilities," of the
Denton Code of Ordinances, is hereby enacted by the Denton City Council, which provisions
provide for the following:
Article XII. LIQUID WASTE
DIVISION I. GENERALLY
26-304 Purpose and Policy.
1) This ordinance sets forth uniform requirements for liquid waste generators and liquid waste
transporters operating in the City of Denton, Texas and enables the city to comply with all
applicable State and Federal laws and regulations, including the Clean Water Act (33 United
States Code § 1251 et se .)
2) The objectives of this Article are:
a) To aid in the prevention of sanitary sewer overflows resulting from blockages and
obstructions due to the accumulation of fats, oils, and greases from commercial and
industrial facilities,
b) To promote the proper maintenance of grease interceptors and grit traps; and,
c) To ensure the proper handling, disposal, transport and tracking of trap waste and other
liquid waste.
26-305. Applicability and Prohibitions.
1) This ordinance shall apply to all Users of the Publicly Owned Treatment Works (POTV�, as
defined in Section 26-153 of this Chapter.
2) Grease traps or grease interceptors shall not be required for residential users.
3) Facilities generating fats, oils, or grease as a result of food manufacturing, processing,
preparation, or food service shall install, use, and maintain appropriate grease traps as
required in Section 26-307 of this Chapter. These facilities include but are not limited to
restaurants, food manufacturers, food processors, hospitals, hotels, motels, schools, nursing
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homes, and any other facility preparing, serving, or otherwise making any foodstuff available
for consumption.
4) It shall be unlawful for a user to intentionally or unintentionally allow the discharge of any
petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or grease of animal
or vegetable origin into the POTW in concentrations greater than those promulgated in
Article V, Chapter 26, of the City of Denton Code of Ordinances.
5) It shall be unlawful to discharge trucked or hauled pollutants, except as deemed suitable and
at discharge points designated by the City Manager.
6) It shall be unlawFul for a person to create a public nuisance.
26-306. Definitions.
1) The definitions promulgated in Section 26-153 of this Chapter are hereto applicable.
2) Approved - means accepted as satisfactory under the terms of this article and given formal
and official sanction by the City of Denton.
Assistant City Manager - Utilities - means the chief executive officer of the utility
department of the City of Denton or his/her authorized deputy, agent or representative.
Car Wash — means establishments primarily engaged in cleaning, washing, andlor waxing
automotive vehicles, such as passenger cars, trucks, vans, and trailers and are categorized by
North American Industry Classification System number 811192 and by Standard Industrial
Classification number 7542.
Chemical Oxygen Demand (COD) - means the value of the test for Chemical Oxygen
Demand, as analyzed in accordance with 40 CFR § 136.3.
City Manager — means the chief executive officer of the City of Denton, or his/her
authorized assistant city manager, deputy, agent or representative.
Director - means the Director of Water Utilities of the City of Denton, which may include a
person appointed by the Director of Water Utilities or his authorized deputy, agent or
representative.
Disposal — The discharge, deposit, release, injection, dumping, spilling, leaking, or placing
of any liquid waste into or on any land or water so that such waste or any constituent thereof
may enter the environment, be emitted into the air or discharged to any sewers or waters,
including ground waters.
Disposal Site — A permitted site or part of a site at which liquid waste is processed, treated,
and/or intentionally placed into or on any land and at which the waste will remain after site
closure.
Disposer — A person who receives, stores, retains, processes, or disposes of liquid waste.
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Fat, Oil, and Grease (FOG) - means organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These substances are
detectable and measurable using analytical test procedures established in 40 CFR 136, as
may be amended from time to time. All are sometimes referred to herein as "grease" or
"greases."
Food Service Facility - means every food preparation and food service establishment
including, but not limited to bakeries, bars, butcher shops, cafes, clubhouses, delicatessens,
ice cream parlors, hospitals, hotels, restaurants, schools, or similar places where meat,
poultry, seafood, dairy products, or fried foods are prepared, served, or offered for sale, but
shall not apply to any single-family residence or dwelling not used for the commercial
preparation and sale of food items.
Generator - means any person who causes, creates, generates, or otherwise produces liquid
waste, or a person who for any reason has a liquid waste removed from his property by a
transporter of liquid waste.
Grease Interceptor (or "Grease Trap") - means a device designed to use differences in
specific gravities to separate and retain light density liquids, waterborne fats, oils, and
greases prior to the wastewater entering the sanitary sewer collection system. These devices
also serve to collect settleable solids, generated by and from food preparation activities, prior
to the water exiting the trap and entering the sanitary sewer collection system.
Grease Interceptor Waste - means any organic, inorganic, greasy or fatty liquid, semi-
liquid, and/or solid wastes collected by and removed from a grease trap.
Grit Trap/Oil Separator (or "Grit Trap") — means a watertight receptacle designed and
constructed to intercept and prevent the passage of petroleum based oil, grease wastes and
solids into the sanitary sewer system to which the receptacle is directly or indirectly
connected.
Grit Trap Waste - means oil and grease waste, inorganic solids generated by a commercial
facility that are collected by and removed from a grit trap.
Liquid Waste — means water-borne solids and liquids containing dissolved or suspended
waste material including but not limited to septage and wastes from grease traps and grit
traps.
Hazardous Waste — means any liquid, semi-liquid or solid waste (or combination of
wastes), which because of its quantity, concentration, physical, chemical or infectious
characteristics may:
a. Have any of the following characteristics; toxic,
sensitizer, flainmable or combustible, explosive o
substantial personal injury or illness;
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corrosive, and irritant, a strong
r otherwise capable of causing
b. Pose a substantial hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise improperly managed, and is identified or
listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the
administrator, U.S. Environmental Protection Agency (EPA) pursuant to the Federal
"Solid Waste Disposal Act", as amended by the: Resource Conservation and Recovery
Act of 1976" (RCRA), and as it may be amended in the future.
Manifest — means the written multi-part documentation required to be in the possession of
the transporter enabling disposal of hauled grit trap waste, grease trap waste, and septage at a
permitted or registered disposal site.
Manifest System - means a system consisting of a five-part trip ticket used to document the
generation, transportation and disposal of liquid waste.
Person - means any individual, partnership,
association, joint stock company, trust, estate,
or their legal representatives, agents or assigns.
co-partnership, firm, company, corporation,
governmental entity or any other legal entity,
Public Nuisance - means the discharge or exposure of grease, sewage or other organic waste
in such a way as to be a potential instrument or medium in disease transmission to a person
or between persons.
Septage — means liquid waste and sludge containing sufficient liquid content, which is
removed from a portable toilet, chemical toilet, septic tank, or cesspool. Septage does not
include non-domestic wastes from commercial or industrial facilities.
TCEQ — means the Texas Commission on Environmental Quality, and its predecessor and
successor agencies.
Transporter — any person who is registered with and authorized by the TCEQ to transport
sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap
waste, or grease trap waste in accordance with 30 Texas Administrative Code, Chapter 312,
Subchapter G, Section 312.42.
Trip Ticket — means the shipping document originated and signed by the transporter that
contains the information required by the approving authority.
Washwater — means the water-borne solids, liquids, gaseous substances or other residue and
debris resulting from a washing or cleaning process. Washwater shall not be discharged to
the storm sewer, and may require pretreatment before being discharged to the sanitary sewer.
Washwater operation — means any cleaning process generally conducted outdoors, such as
washing vehicles, equipment, structures, or paved surfaces for maintenance, safety, aesthetic
or stormwater pollution prevention purposes, and which generates washwater. Exarnples
would include cleaning of petroleum products from parking lots or service station drives,
mobile washing operations or equipment/vehicle washing, which does not drain to a grit trap.
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DIVISION 2. LIQUID WASTE GENERATORS
26-307. Installations.
1) New Facilities.
a) Food processing facilities or food service facilities which are newly proposed or
constructed, or existing facilities which will be expanded or renovated to include a food
service facility, where such facility did not previously exist, shall be required to design,
install, operate and maintain a grease trap in accordance with locally adopted plumbing
codes or other applicable ordinances. Grease traps shall be installed and inspected prior to
issuance of a certificate of occupancy.
b) Facilities which perform washing, cleaning, or servicing of automobiles, trucks, buses, or
similar equipment which are newly proposed or constructed with floor drains in areas of
operation, shall be required to design, install, operate and maintain a grit trap/oil
separator in accordance with locally adopted plumbing codes or other applicable
ordinances and guidelines as required by the City Manager. Grit traps/oil separators shall
be installed and inspected prior to issuance of certificate of occupancy.
2) Existing Facilities.
a) Existing grease traps or grit traps/oil separators must be operated and maintained in
accordance with the manufacturer's recommendations and in accordance with these
standards referenced herein, unless specified in writing and approved by the POTW.
Other commercial users may be required by the City Manager to install an approved
grease trap, grit trap/oil separator when the concentration of oil, grease waste or
suspended solids is greater than concentrations promulgated in Article V, Chapter 26 of
the City of Denton Code of Ordinances or when discharges may cause blockages in the
wastewater collection system.
b) Existing food processing or food service facilities that change in ownership, or existing
facilities which will be expanded or renovated to include a food service facility, where
such facility did not previously exist or where there is an inadequately sized grease
interceptor, shall be required to design, install, operate and maintain a grease interceptor
in accordance with locally adopted plumbing codes, or other applicable ordinances.
Grease interceptors shall be installed and inspected prior to the issuance of a certificate of
occupancy and a health permit.
c) Existing facilities which perform washing, cleaning, or servicing of automobiles, trucks,
buses, or similar equipment with floor drains in the areas of operation that change in
ownership, or are expanded or renovated to include floor drains in areas of operation
shall be required to design, install, operate and maintain a grit trap/oil separator in
accordance with locally adopted plumbing codes, or other applicable ordinances. Grit
traps/oil separators shall be installed and inspected prior to the issuance of a certificate of
occupancy.
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3) A generator shall install a sample port to allow access to sample the wastestream as close as
possible to the connection with the city sanitary sewer main within the bounds of the facility
property. The port shall be installed according to the specifications of the City Manager. The
port shall be installed and maintained at the user's expense. The port shall be installed
perpendicular to the effluent flow to allow visual observation and sampling.
4) Grease interceptors and grit traps/oil separators shall be installed pursuant to a single
certificate of occupancy. No person or persons shall allow the use of a single interceptor or
trap by more than one business as defined by a certificate of occupancy without prior written
approval.
.
26-308. Responsibilities.
1) A generator of liquid waste shall have all liquid waste material picked up from his premises
by a liquid waste transporter who holds a valid permit from the city, and the liquid waste
shall be transported to an approved site for disposal.
2) Cleaning Schedule.
a) Grease interceptors shall be cleaned as often as necessary to ensure that sediment and
floating materials do not accumulate to impair the efficiency of the grease interceptor;
that the discharge is in compliance with local wastewater discharge limits; and, to ensure
that no visible grease is observed in the discharge.
b) Grease interceptors shall be completely evacuated at a minimum of every ninety (90)
days, or more frequently when:
i) Twenty-five percent (25%) or more of the wetted height of the grease trap or grease
interceptor, as measured from the bottom of the device to the invert of the outlet pipe,
contains floating materials, sediment, oils or greases;
ii) The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels
established by the City Manager; or,
iii) If there is a history of noncompliance.
3) Grit traps/oil separators shall be completely evacuated based on one of the two following
schedules:
a) At a minimum of every 180 days, or
b) At a frequency determined by the owner/operator if all of the following best management
practices are employed:
i) At a minimum of once per week, all facilities with a grit trap must routinely check
and perform preventive maintenance as required on all connections, valves, hoses,
chemical storage containers, drains, and other equipment necessary to prevent an
accidental release or slug discharge of chemicals.
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ii) At a minimum of once per month, all facilities with a grit trap must routinely check
the level of sediment in each grit trap in order to determine a maintenance schedule
that will facilitate consistent compliance with all discharge limits and requirements.
iii) All self-service and coin-operated car wash facilities must post and maintain signs, in
an area that is clearly visible to the public, directing customers not to dispose of oils
or chemical wastes at the facility.
iv) All facilities must document the best management practices, including routine checks,
preventive maintenance and repair logs, and maintain grit trap maintenance records
for a minimum of three years.
v) If at any time, the above practices are not being employed or the required
documentation is not available for review, the owner/operator will be required to
perform maintenance on the grit trap(s) immediately and once every 180 days
thereafter.
4) Any person who owns or operates a grease interceptar may submit to the City Manager a
request in writing for an exception to the required pumping frequency of the grease
interceptor. The City Manager may grant an extension for required cleaning frequency on a
case-by-case basis when:
a) The grease interceptor ovcmer/operator has demonstrated the specific interceptor will
produce an effluent with no visible grease, and based on defensible analytical results, can
demonstrate consistent compliance with established local discharge limits such as BOD,
TSS, FOG, or other parameters as determined by the POTW; and,
b) Less than 25 percent of the wetted height of the grease interceptor, as measured from the
bottom of the device to the invert of the outlet pipe, contains floating materials, sediment,
oils or greases.
5) The City Manager may also require traps to be serviced on a single-event basis or scheduled
basis if deemed necessary for the proper operation of the grease interceptor or grit trap/oil
separator.
6) In the event that the establishment ceases operation, the establishment is required to pump
the interceptor or trap before abandoning the property. If the owner of the business fails to
empty the interceptor or trap, it shall become the responsibility of the property owner.
7) A generator of liquid waste shall not have hazardous waste or liquid waste in combination
with hazardous waste removed from his premises by a liquid waste hauler operating under a
city permit.
8) A generator shall verify the accuracy of the trip ticket from the transporter and then legibly
complete and sign the trip ticket, to certify the statements on the trip ticket, when a load is
picked up by the transporter. The generator shall keep a copy of all trip tickets for a period of
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three years at the site of generation, unless otherwise approved. The City Manager may
inspect and copy these records at any time.
9) A generator shall:
a) Provide equipment and facilities of a type and capacity approved by the city;
b) Locate the interceptor or trap in a manner that provides ready and easy accessibility for
cleaning and inspection; and
c) Maintain the trap in effective operating condition.
d) Not install or utilize any system, process or pretreatment involving the use of enzymes,
bacteria, or other additives, nor alter the design or function of the grease interceptor or
grit trap/oil separator unless approved in writing by the City Manager.
e) Supervise proper cleaning and complete removal of the contents of the trap.
10) A generator shall maintain the grease interceptor or grit trap/oil separator and its surrounding
areas in sanitary conditions, free of litter and odors.
11) A generator shall immediately report spills and accidents involving liquid waste to the City
Manager.
12) A generator shall clean up all spills and abate all unsanitary conditions immediately, and
have material used for abatement, such as absorbent materials, disposed of by approved
means and in a timely manner.
13) A generator of washwater or other liquid waste sha11:
a) Contain, collect and dispose of liquid waste by approved means;
b) Protect the storm sewer system and the environment from discharges of liquid waste or
other contaminants;
c) Use approved methods for on-site or mobile treatment of liquid waste; and,
d) Accurately. measure, by approved means, the volume of liquid waste collected and
disposed of by the transporter.
14) Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City
Staff pursuant to any provision in this ordinance provided for generators, then the published
rate for "Sampling/Analysis Charges" that is contained in the annual City of Denton
Wastewater Rate Ordinance, Schedule SEE ("Equipment Services Facilities and Restaurants
& Food Services Establishments Wastewater Service") is applicable and will be charged and
shall be paid by the generator.
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DIVISION 3. LIQUID WASTE TRANSPORTERS
26-309. Permit Required.
1) Permit Required. All persons owning or operating a vacuum truck, cesspool pump truck,
liquid waste transport truck or other vehicle shall not service any septic tank, seepage pit,
grease interceptor, grit trap/oil separator, or cesspool without first having received a valid
transport truck discharge (TTD) permit or as required in Section 24-69 of this Code,
whichever is applicable.
2) Permit Fee. TTD permits shall be issued by the City Manager 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.
3) Unloading or discharge of waste or wastewater. It shall be unlawful for any person to unload
or discharge waste or wastewater except in a manner and at a place as specified by the City
Manager. Before discharging under a TTD permit, the City Manager 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 City Manager may refuse
permission to discharge abnormal strength wastewater into the wastewater system.
4) Rates for discharge. Any person discharging waste under a TTD permit under the provisions
of this section or under section 24-69 of this Code, will be charged and shall pay disposal
fees based on the applicable published rate for disposal contained in the current City of
Denton Wastewater Rate Ordinance in Schedule SCH (Schedule for Septage & Chemical
Toilet Disposal at the Pecan Creek Water Reclamation Plant Septage Transfer Facility), or
under the current City of Denton Solid Waste Rate Ordinance in Schedule SWP (Collection
and Transportation Services Permit).
5) Rates for sampling and/or analysis. Should any sampling and/or analysis be required by City
Staff for any service provided for in a TTD permit, then the published rate fbr
"Sampling/Analysis Charges" that is contained in the annual City of Denton Wastewater
Rate Ordinance, Schedule SEE (Equipment Services Facilities and Restaurants & Food
Services Establishments Wastewater Service") is applicable and will be charged and shall be
paid by the holder of the TTD permit.
26-310. Manifest Requirements.
1) Persons who generate, collect, and transport grease interceptor and grit trap/oil separator
waste sha11 maintain a record of each individual collection and deposit. Such records shall be
in the form of a manifest. The manifest shall include:
a) Name, address, telephone, and TCEQ registration number of transporter;
b) Name, signature, address, and telephone of the person who generated the waste and the
date collected;
c) Type and amount(s) of waste collected or transported;
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d) Name and signature(s) of responsible person(s) collecting, transporting, and depositing
the waste;
e) Date and place where the waste was deposited;
fl Identification (permit or site registration number, location, and operator) of the facility
where the waste was deposited;
g) Name and signature of the facility on-site representative acknowledging receipt of the
waste;
h) The volume of the waste received;
i) A consecutive numerical tracking number to assist transporters, waste generators, and
regulating authorities in tracking the volume of grease transported.
2) Transporters shall obtain manifests from the City of Denton.
3) Manifests shall be divided into five parts and records shall be maintained as follows.
a) One part of the manifest shall have the generator and transporter information completed
and is given to the generator at the time of waste pickup.
b) The remaining four parts of the manifest shall have all required information completely
filled out and signed by the appropriate party before distribution of the manifest. One part
of the manifest shall go to the receiving facility. One part sha11 go to the transporter, who
shall retain a copy of all manifests showing the collection and disposition of waste. One
part of the manifest shall be returned by the transporter to the person who generated the
wastes within fifteen (15) days after the waste is received at the disposal or processing
facility. One part of the manifest shall go to the City of Denton Pollution Control
Abatement Officer.
4) Copies of manifests returned to the waste generator shall be retained for three years and be
readily available for review.
26-311. Responsibilities.
1) Each grease interceptor or grit trap/oil separator that is pumped shall be fully evacuated
unless the trap volume is greater than the tank capacity on the vacuum truck in which case
the transporter shall arrange for additional transportation capacity so that the trap is fully
evacuated within a twenty four (24) hour period, in accordance with 30 Texas Administrative
Code, Chapter 312, Section 312.143.
DIVISION 4. Abatement of Violations
26-312. Enforcement actions.
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1) Notice of Violation. When the City Manager finds that a generator or transporter 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 may serve upon that generator or transporter 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 City Manager.
Submission of this plan in no way relieves the generator or transporter of liability for any
violations occurring before or after receipt of the notice of violation. Nothing in this section
sha111imit the authority of the City Manager to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of violation.
2) Administrative Orders.
a) Compliance Orders. When the City Manager finds that a generator or transporter 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 may issue an order to the generator or transporter responsible for the
discharge directing that the generator or transporter come into compliance within a
specified time. If the generator or transporter does not come into compliance within the
time provided, sewer service may be discontinued or a permit issued pursuant to this
Chapter may be revoked. 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 generator
or transporter 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 generator or transporter.
b) Cease and Desist Orders. When the City Manager finds that a generator or transporter 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 generator's or transporter's past violations are likely to recur, the City Manager
may issue an order to the generator or transporter directing it to cease and desist all such
violations and:
i) Immediately comply with all requirements; and
ii) 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.
3) 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 generator or transporter of the liquid
waste or other persons deternuned to be responsible for such violation. Issuance of a cease
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and desist order shall not be a bar against, or a prerequisite for, taking any other action
against the generator or transporter.
4) Appeals. Any person may appeal an order of the City Manager by filing a written notice of
appeal with the City Manager on forms provided by the City of Denton Utilities
Administration Office. Such notice of appeal shall be filed with the City Secretary within
(10) days of service of the order.
5) Termination of service and revocation of pernut. If no timely appeal is filed, the City
Manager may, if a violation is continuing or reoccurring or may reoccur, terminate
wastewater service or revoke the permit of 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.
6) Emergency suspension of service.
a) Suspension. The City Manager 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
City Manager to stop an actual or threatened discharge which:
i) Presents or may present imminent substantial danger to the environment or to
provided by the health or welfare of persons;
ii) Presents or may present imminent substantial danger to the POTW, storm sewer or
waters of the state; or
iii) Will cause pass through or interference of the POTW.
b) Notice of suspension. As soon as is practicable after the suspension of service, the City
Manager 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.
c) Reinstating service. The City Manager shall reinstate suspended services to the
wastewater user or to the person discharging to the storm sewer:
i) 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.
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d) 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 City
Manager a detailed written statement describing the cause of the discharge and the
measures taken to prevent any future occurrence.
7) 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 sha11 be conducted in accordance with subsection (9) of this section.
8) Other steps. If a person fails to comply with a notice or order issued under this section, the
City Manager sha11 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.
9) Hearing and determination.
a) An environmental appeals committee is hereby established and authorized to hear and
decide appeals from any order issued by the City Manager 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.
b) 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.
c) Upon the hearing, the committee shall determine if there is substantial evidence to
support the City Manager's determination and order. The decision of the committee shall
be in writing and contain fmdings of fact. If the committee, determines that there is
substantial evidence to support the determination and order of the City Manager, the
committee shall, in addition to its decision, issue an order:
i) Requiring discontinuance of such violation or condition;
ii) Requiring compliance with any requirement to correct or prevent any condition or
violation; or
iii) Suspending or revoking any permit issued under this article.
iv) 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.
d) Should the appellant fail to comply with the order of the committee within the time
specified therein, if any, the City Manager, in addition to any other remedy provided for
in this article, may terminate sewer service to the appellant.
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26-313. Penalties.
1) 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.
2) 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, without limitation:
a) An injunction to prevent a violation of this chapter;
b) Recovery for damages to the POTW or storm sewer resulting from a violation of this
chapter;
c) Recovery for expenses incurred by the city in responding to a violation of this chapter;
d) A daily civil fine of up to the maximum provided by Texas Local Government Code
54.017(b) for a violation of sections 26-304 through 26-311; and all other damages, costs
and remedies to which the city may be entitled.
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SECTION 4. 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 5. Any person or entity who shall violate any provision of this ordinance that
governs the public health and sanitation, 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 of not-to-exceed two thousand dollars ($2,000) per day, as provided by Section
54.001(b) of the Texas Local Government Code; and
SECTION 6. Any person or entity who shall violate any provision of this ordinance that
relates to point source effluent limitations, or the discharge of a pollutant, other than from a non-
point source, into a sewer system, including a sanitary or storm sewer system owned by the City,
shall be guilty of and subject to a daily civil penalty not to exceed the sum of five thousand
dollars ($5,000) per day, as provided by Section 54.017(b) of the Texas Local Government
Code; and
SECTION 7. Each such person or entity 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 provided for herein.
SECTION 8. 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.
5t
PASSED AND APPROVED this �.l l day of �GG �, 2012.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
By:
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