21-242aORDINANCE NO. 21-242a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS OF
C'nAPTER 26 – UTILITIES, ARTICLE V – INDIRECT DISCHARGE INTO SANITARY
WASTEWATER SYSTEM OF THE CITY’S CODE OF ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR PUBLICATION
AND AN EFFECTIVE DATE.
WHEREAS, changes to state and federal laws, including the federal Clean Water Act and
general pretreatment regulations requires the City to amend Chapter 26 – Utilities, Article V –
Indirect Discharge into Sanitary Wastewater System; and
WHEREAS, the City Council has determined that it is in the best interest of the residents
of the City to enact these amendments and finds the same reasonable and necessary; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
SECTION 1. Sections 26-151 through 26-209, Article V, entitled “Indirect Discharge
into the Sanitary Wastewater System,” of Chapter 26 “Utilities,” of the Code of Ordinances, City
of Denton, Texas, are hereby repealed and replaced as follows:
ARTICLE V. INDIRECT DISCHARGE INTO THE SANITARY WASTEWATER
SYSTEM
DIVISION 1. GENERALLY
Sec. 26-151. - Purpose and Policy
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 section 1251 et seq.) and the General
Pretreatment Regulations (Title 40 of the 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 provide for fees for the equitable distribution of the cost of operation, maintenance, and
improvement of the Publicly Owned Treatment Works; and
F. To enable the City 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.
This ordinance shall apply to all Users of the Publicly Owned Treatment Works, 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, and the degree of wastewater pretreatment required. The ordinance authorizes the
issuance of individual wastewater discharge permits; provides for monitoring, compliance, and
enforcement activities; establishes administrative review procedures; requires User reporting; and
provides for the setting of fees for the equitable distribution of costs resulting from the program
established herein.
Sec. 26-152. - Administration
Except as otherwise provided herein or provided in the Pretreatment Program Procedures,
Enforcement Response Plan, and Enforcement Response Guide, the City Manager, or designee,
shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to
or duties imposed upon City Manager may be delegated by the City Manager to a duly-authorized
City employee.
Sec. 26-153. - Abbreviations
The following abbreviations, when used in this ordinance, shall have the designated meanings:
BOD – Biochemical Oxygen Demand
BMP – Best Management Practice
BMR – Baseline Monitoring Report
CFR – Code of Federal Regulations
CIU – Categorical Industrial User
COD – Chemical Oxygen Demand
EPA – U.S. Environmental Protection Agency
gpd – gallons per day
IU – Industrial User
mg/l – milligrams per liter
NPDES – National Pollutant Discharge Elimination System
NSCIU – Non--Significant Categorical Industrial User
POTW – Publicly Owned Treatment Works
RCRA – Resource Conservation and Recovery Act
SIU – Significant Industrial User
SNC – Significant Noncompliance
TSS – Total Suspended Solids
U.S.C. – United States Code
Sec. 26-154. - Definitions
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this
ordinance, shall have the meanings hereinafter designated.
Abnormal Strength Wastewater. Wastewater having a TSS content, BOD content, and/or total
phosphorus content in excess of that allowable in normal wastewater, but which is otherwise
acceptable into the POTW under the terms of this Article.
,4cr or “the ,4cf. ” The Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. section 1251 et seq.
Approval Authority. The regional administrator of the EPA, or the director of a state agency
delegated to act on the EP A's behalf with an approved pretreatment program (e.g, the Director of
the Texas Commission on Environmental Quality (TCEQ).)
Authorized or Duty Authorized Representative of the User .
( 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 operating facilities, provided the
manager is authorized to make management decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to assure long-term
environmental compliance with environmental laws and regulations; can ensure that the necessary
systems are established or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where 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 the 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 a Duly- 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.
Biochemical Oxygen Demand or BOD. The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5) days at 20 degrees
centigrade, usually expressed as a concentration (e.g., mg/l).
Best Management Practices or BMPs. A schedule or schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to implement the prohibitions
listed in Sec. 26-155 A and B (40 CFR 403.5(a)(1) and (b)). BMPs include treatment requirements,
operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw materials storage.
Building. Any structure used or intended for supporting or sheltering any use or occupancy.
Building Drain. 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 or Categorical Standard. Any regulation containing pollutant
discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33
U.S.C. section 1317) that apply to a specific category of Users and that appear in 40 CFR Chapter
I, Subchapter N, Parts 405-471.
Categorical Industrial User. An Industrial User subject to a categorical Pretreatment Standard or
Categorical Standard.
City. The City of Denton, Texas.
Chemical Oxygen Demand or COD. A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
City Manager. Chief executive officer of the City and the head of the administrative branch of city
government (City of Denton Charter, Section 5.03).
Committee means the environmental appeals committee.
Composite sample. A sample that is collected over time, formed either by continuous sampling or
by mixing discrete samples. The sample may be composited either as a time composite sample;
composed of discrete sample aliquots collected in one container at constant time intervals
providing representative samples 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.
Control Authority . The City of Denton, Texas, acting by and through its City Manager, or their
designee.
Control manhole. An opening giving access to a service line at some point before the service line
discharges to the wastewater system which must be approved by the City as to type, size, and
location.
Daily Maximum. The arithmetic average of all effluent samples for a pollutant collected during a
calendar day or any 24-hour period that reasonably represents the calendar day for purposes of
sampling.
Daily Maximum Limit . The maximum allowable discharge limit of a pollutant during a calendar
day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
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 or domestic discharge. 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. An indoor room or an outdoor privy used as a toilet, but lacking water for conveyance
of waste.
EnvironmerUal Protection Agency or EPA. The U.S. Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, the Regional Administrator, or
other duly authorized official of said agency.
Existing Source. Any source of discharge that is not a “New Source.”
Grab Sample. A sample that is taken from a 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. The introduction of pollutants into the POTW from any
nondomestic source.
Interference . A discharge that, 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’s TPDES permit or
of the prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued 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.
Instantaneous Limit . The maximum concentration of a pollutant allowed to be discharged at any
time, determined from the analysis of any discrete or composited sample collected, independent
of the industrial flow rate and the duration of the sampling event.
Local Limit . Specific discharge limits developed and enforced by the City upon industrial or
commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR
403 .5(a)(1) and (b).
May means that the possibility or likelihood of response exists; discretionary action.
Medical Waste. Isolation wastes, infectious agents, human blood and blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated
laboratory wastes, and dialysis wastes.
Monthly Average . The sum of all “daily discharges” measured during a calendar month divided
by the number of “daily discharges” measured during that month.
Monthly Average Limit . The highest allowable average of “daily discharges” over a calendar
month, calculated as the sum of all “daily discharges” measured during a calendar month divided
by the number of “daily discharges” measured during that month.
Natural outlet. Any outlet into a watercourse, ditch, lake or other body of surface water or
groundwater.
National Pollutant Discharge Elimination System (NPDES). The permit program ot the
Environmental Protection Agency, and/or the permit program of the state agency delegated to act
on EPA's behalf with an approved pretreatment program (e.g. TPDES or Texas Pollutant Discharge
Elimination System).
New Source.
( 1) Any building, structure, facility, or installation from which there is (or may be) a discharge of
pollutants, the construction of which commenced after the publication of proposed Pretreatment
Standards under section 307(c) of the Act that will be applicable to such source if such Standards
are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility, or installation is constructed at a site at which no other source
is located; or
(b) The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an Existing Source; or
(c) The production or wastewater generating processes of the building, structure, facility, or
installation 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
(i) any placement, assembly, or installation of facilities or equipment; or
(ii) significant site preparation work including clearing, excavation, or removal of existing
buildings, structures, or facilities which is necessary for the placement, assembly, or installation
of new source facilities or equipment; or
(b) Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or contracts
which can be terminated or modified without substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute a contractual obligation under this paragraph.
Noncontact Cooling Water. Water used for cooling that does not come into direct contact with
any raw material, intermediate product, waste product, or finished product.
Pass Through . A discharge which exits the POTW into 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’s NPDES permit, including an increase in
the magnitude or duration of a violation.
Person. 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. This definition includes all Federal, State, and local
governmental entities.
pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, Medical Wastes, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS,
turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment . 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.
Pretreatmerlt Requirements . Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
Pretreatmerlt Standards, National Pretreatment Standards , or Standards. Pretreatment Standards
shall mean prohibited discharge standards, categorical Pretreatment Standards, and Local Limits.
Privy . An outhouse or similar type small building used as a toilet where wastes are either buried
on site or collected and disposed of elsewhere.
Process Wastewater . Any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material, intermediate product,
finished product, by-product, or waste product.
Prohibited Discharge Standards or Prohibited Discharges . Absolute prohibitions against the
discharge of certain substances; these prohibitions appear in Sec. 26-155 of this ordinance.
Publicly Owned Treatment Works or POTW. A treatment works, as defined by Section 212 of the
Act (33 U.S.C. Section 1292), which is owned by the City. This definition includes any devices
or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or
industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment
plant
Septic Tank Waste . Any sewage from holding tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
Service line. 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. Human excrement and gray water (household showers, dishwashing operations, etc.).
Shall means the obligation or necessity to respond; mandatory action.
SignifIcant Industrial User (SIU) :
Except as provided in paragraphs (3) and (4) of this Section, a Significant Industrial User is:
(1) An Industrial User subject to categorical Pretreatment Standards; or
(2) An Industrial User that:
(a) Discharges an average of twenty-five thousand (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 (5) 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) The City may determine that an Industrial User subject to categorical Pretreatment Standards
is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a
finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total
categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater,
unless specifically included in the Pretreatment Standard) and the following conditions are met:
(a) The Industrial User, prior to the City’s finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements;
(b) The Industrial User annually submits the certification statement required in Sec. 26-193 B [see
40 CFR 403.12(q)], together with any additional information necessary to support the certification
statement; and
(c) The Industrial User never discharges any untreated concentrated wastewater.
(4) Upon a finding that a User meeting the criteria in Subsection (2) of this part 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 an Industrial 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.
Slug Load or Slug Discharge. Any discharge at a flow rate or concentration, which could cause a
violation of the prohibited discharge standards in Sec. 26-155 of this ordinance. A Slug Discharge
is any Discharge of a non-routine, episodic nature, including but not limited to an accidental spill
or a non-customary batch Discharge, which has a reasonable potential to cause Interference or Pass
Through, or in any other way violate the POTW’s regulations, Local Limits or Permit conditions.
Storm Water. Any flow occurring during or following any form of natural precipitation, and
resulting from such precipitation, including snowmelt.
Total Suspended Solids or Suspended Solids . The total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory
filtering.
User or Industrial User. A source of non-domestic indirect discharge that discharges pollutants
to the City of Denton POTW.
Wastewater . Liquid and water carried- industrial wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW.
Wastewater Treatment Plant or Treatment Plant. That portion of the PC)TW which is designed
to provide treatment of municipal sewage and industrial waste.
DIVISION 2–SEWER USE REQUIREMENTS
Sec. 26-155. - Prohibited Discharge Standards
A. General Prohibitions. No User shall introduce or cause to be introduced into the POTW or into
a natural outlet, any pollutant or wastewater which causes Pass Through or Interference or has an
adverse effect on the environment or may otherwise endanger life, health, or property or constitute
a public nuisance. These general prohibitions apply to all Users of the POTW whether or not they
are subject to categorical Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements.
B. Specific Prohibitions. No User shall introduce or cause to be introduced into the POTW the
following pollutants, substances, or wastewater:
( 1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
wastestreams with a closed cup- flashpoint of less than 140 degrees F (60 degrees C) using the test
methods specified in 40 CFR 261.21.
(2) Wastewater having a pH less than 5.0 or greater than 12.5, or otherwise causing corrosive
structural damage to the POTW or equipment.
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW
resulting in Interference, blockage, or damage to the POTW.
(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.) released in a discharge at a
flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants,
will cause Interference with the POTW.
(5) Wastewater having a temperature greater than 150 degrees F (65 degrees C), or which will
inhibit biological activity in the treatment plant resulting in Interference, but in no case wastewater
which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F
(40 degrees C).
(6) Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin, in amounts that
will cause Interference or Pass Through.
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems.
(8) Trucked or hauled pollutants, except at discharge points designated by the City Manager, or
their designee, in accordance with Sec. 26- 164 of this ordinance.
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sewers for maintenance or repair.
(10) Wastewater which imparts color which cannot be removed by the treatment process, such as,
but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color
to the treatment plant’s effluent, thereby violating the City’s NPDES permit.
(11) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations.
(12) Storm Water, surface water, ground water, artesian well water, roof runoff, subsurface
drainage, de-ionized water, Noncontact Cooling Water, and unpolluted wastewater, unless
specifically authorized by the City Manager, or their designee.
(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes.
( 14) Medical Wastes, except as specifically authorized by the City Manager, or their designee.
( 15) Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent
to fail toxicity test.
(16) Detergents, surface-active agents, or other substances which might cause excessive foaming
in the POTW.
( 17) Pesticides or herbicides in concentrations which are not amenable to treatment.
Pollutants, substances, or wastewater prohibited by this Section shall not be processed or stored in
such a manner that they could be discharged to the POTW.
C. Discharge of waters not containing wastewater.
( 1) it shall be unlawful for any person to discharge unpolluted waters into the wastewater system.
Except with the approval of the City Manager, or their designee, or as otherwise provided by this
article, no stormwater connection from any building or yard nor any drain from any catch basin,
lake, swamp, or pond nor any outlet for surface water, stormwater, or groundwater of any kind
shall be connected to the wastewater system.
(2) 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.
D. 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 City Manager, or their designee.
Sec. 26-156. - National Categorical Pretreatment Standards
Users must comply with the categorical Pretreatment Standards found at 40 CFR Chapter I,
Subchapter N, Parts 4054471.
A. Where a categorical Pretreatment Standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater, the City Manager, or their designee, may impose
equivalent concentration or mass limits in accordance with 40 CFR Part 403.6(c)(1).
B. When the limits in a categorical Pretreatment Standard are expressed only in terms of mass of
pollutant per unit of production, the City Manager, or their designee, may convert the limits to
equivalent limitations expressed either as mass of pollutant discharged per day or effluent
concentration for purposes of calculating effluent limitations applicable to individual Industrial
Users
C. When wastewater subject to a categorical Pretreatment Standard is mixed with wastewater not
regulated by the same Standard, the City Manager, or their designee, shall impose an alternate
limit in accordance with 40 CFR 403.6(e).
D. Once included in its permit, the Industrial User must comply with the equivalent limitations
developed in this Section, in lieu of the promulgated categorical Standards from which the
equivalent limitations were derived.
E. Many categorical Pretreatment Standards specify one limit for calculating maximum daily
discharge limitations and a second limit for calculating maximum Monthly Average, or 4-day
average, limitations. Where such Standards are being applied, the same production or flow figure
shall be used in calculating both the average and the maximum equivalent limitation.
F. Any Industrial User operating under a permit incorporating equivalent mass or concentration
limits calculated from a production-based Standard shall notify the City Manager, or their
designee, within two (2) business days after the User has a reasonable basis to know that the
production level will significantly change within the next calendar month. Any User not notifying
the City Manager, or their designee, of such anticipated change will be required to meet the mass
or concentration limits in its permit that were based on the original estimate of the long term
average production rate.
Sec. 26-157. - Reserved.
Sec. 26- 158. - Local Limits
A. The City Manager is authorized to establish Local Limits pursuant to 40 CFR 403.5(c).
B. The following pollutant limits are established to protect against Pass Through and Interference.
No person shall discharge wastewater containing in excess of the following Daily Maximum
Limits.
POLLUTANT
Aluminum
Arsenic
Cadmium
Chromium
Chromium (VI)
Copper
Cyanide
Lead
Mercury
Molybdenum
Nickel
Selenium
Silver
Zinc
DAILY MAXIMUM DISCHARGE LIMITS (mg/l)
137.45
0.12
0.08
2.19
0.66
0.84
0.36
0.51
0.0006
1.18
1.10
0.09
0.13
0.96
(1) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of
two hundred (200) mg/l measured as total oil and grease, 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.
(2) Other metals not listed in Sec. 26-158 B which will, in the opinion of the City Manager, or
their designee, damage the wastewater system or interfere with the treatment process.
(3) Toxic organics found in quantifiable concentration greater than 0.01 mg/1 (10 ppb) shall not
total more than 2.13 mg/l for any discharge. Any organic compound considered toxic by the City
Manager, or their designee, and reasonably expected to be found in the industrial user’s discharge
may be included 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/l
(4) Quantities of flow, concentrations or both which constitute a slug.
The pollutant limits in (1) through (3) of this section will be applied to Users through inclusion in
a wastewater discharge permit when the City Manager, or their designee, determines that the
pollutant(s) is reasonably expected to be present in the User’s Indirect Discharge and has the
potential to cause Pass Through or Interference.
C. Waters contaminated by petroleum fuel or petroleum substances are subject to the following
Daily Maximum Limits (TPDES General Permit No. TXG 830000; under provisions of Section
402 of the Clean Water Act and Chapter 26 of the Texas Water Code.
POLLUTANTS\DAILY DISCHARGE LIMITS
mg/l
15
0.10
0.005
0.10
0.01
0.24
Total Petroleum Hydrocarbons
Total Lead
Benzene
Total BTEX
Pojynuclear Aromatic Hydrocarbons
mI
NOTES :
1. TPH must be analyzed using Texas Method 1005.
2. BTEX shall be measured as the sum of benzene, toluene, ethylbenzene, and total xylenes (EPA
Method No. 8260 B).
3. 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, phenantherene, and pyrene.
4. MTBE is methyl ten-butyl ether.
The limits in Subsection B and C of this section apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances are for total metal unless
indicated otherwise. The City Manager, or their designee, may impose mass limitations in addition
to the concentration based- limitations above.
D. The City Manager, or their designee, may develop Best Management Practices (BMPs), by
ordinance or in individual wastewater discharge permits, to implement Local Limits and the
requirements of Section 26-155 .
Sec. 26-159. - City’s Right of Revision
The City reserves the right to establish, by ordinance or in individual wastewater discharge
permits, more stringent Standards or Requirements on discharges to the POTW consistent with the
purpose of this ordinance.
Sec. 26-160. - Dilution
No User shall ever increase the use of process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable Pretreatment Standard or Requirement.
The City Manager, or their designee, may impose mass limitations on Users who are using dilution
to meet applicable Pretreatment Standards or Requirements, or in other cases when the imposition
of mass limitations is appropriate.
DIVISION 3 - PRETREATMENT OF WASTEWATER
Sec. 26-161. - Pretreatment Facilities
Users shall provide wastewater treatment as necessary to comply with this ordinance and shall
achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions
set out in Division 2 of this ordinance within the time limitations specified by EPA, the State, or
the City Manager, whichever is the most stringent. Any facilities necessary for compliance shall
be provided, operated, and maintained at the User’s expense. Detailed plans describing such
facilities and operating procedures shall be submitted to the City Manager, or their designee, for
review, and shall be acceptable to the City Manager, or their designee, before such facilities are
constructed. The review of such plans and operating procedures shall in no way relieve the User
from the responsibility of modifying such facilities as necessary to produce a discharge acceptable
to the City under the provisions of this ordinance.
Sec. 26-162. - Additional Pretreatment Measures
A. Whenever deemed necessary, the City Manager, or their designee, may require Users to restrict
their discharge during peak flow periods, designate that certain wastewater be discharged only into
specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams
from industrial wastestreams, and such other conditions as may be necessary to protect the POTW
and determine the User’s compliance with the requirements of this ordinance.
B. The City Manager, or their designee, may require any person discharging into the POTW to
install and maintain, on their property and at their expense, a suitable storage and flow-control
facility to ensure equalization of flow. An individual wastewater discharge permit may be issued
solely for flow equalization.
C. Users with the potential to discharge flammable substances may be required to install and
maintain an approved combustible gas detection meter.
Sec. 26-163. - Accidental Discharge/Slug Discharge Control Plans
The City Manager, or their designee, shall evaluate, within one year of being designated as a SIU,
whether each SIU needs an accidental discharge/slug discharge control plan or other action to
control Slug Discharges. The City Manager, or their designee, may require any User to develop,
submit for approval, and implement such a plan or take such other action that may be necessary to
control Slug Discharges. Alternatively, the City Manager, or their designee, may develop such a
plan for any User. An accidental discharge/slug discharge control plan shall address, at a
minimum, the following:
A. Description of discharge practices, including non-routine batch discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the City Manager, or their designee, of any accidental or
Slug Discharge, as required by Sec. 26-185 of this ordinance; and
D. Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures
include, but are not limited to, inspection and maintenance of storage areas, handling and transfer
of materials, loading and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing toxic organic pollutants,
including solvents, and/or measures and equipment for emergency response.
Sec. 26-164. - Hauled Wastewater
A. Septic tank waste may be introduced into the POTW only at locations designated by the City
Manager, or their designee, and at such times as are established by the City Manager, or their
designee. Such waste shall not violate Sec. 26-155 of this ordinance. Furthermore, all waste
haulers must comply with the requirements in Chapter 26, Article XI of the Code of Ordinances.
B. The City Manager, or their designee, may require haulers of industrial and/or commercial waste
to obtain individual wastewater discharge permits. The City Manager, or their designee, may
require generators of hauled industrial waste to obtain individual wastewater discharge permits.
The City Manager, or their designee, also may prohibit the disposal of hauled industrial waste.
The discharge of hauled industrial waste is subject to all other requirements of this ordinance.
C. Industrial waste haulers may discharge loads only at locations designated by the City Manager,
or their designee. No load may be discharged without prior consent of the City Manager, or their
designee. The City Manager, or their designee, may collect samples of each hauled load to ensure
compliance with applicable Standards and may require the industrial waste hauler to provide a
waste analysis of any load prior to discharge.
D. Industrial waste haulers must provide a waste-tracking form for every load. This form shall
include, at a minimum, the name and address of the industrial waste hauler, permit number, truck
identification, names and addresses of sources of waste, and volume and characteristics of waste.
The form shall identify the type of industry, known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
DIVISION 4 - INDIVIDUAL WASTEWATER DISCHARGE PERMITS
Sec. 26-165. - Wastewater Analysis
When requested by City Manager, or their designee, a User must submit information on the nature
and characteristics of its wastewater by the date stipulated in the request. The City Manager, or
their designee, is authorized to prepare a form for this purpose and may periodically require Users
to update this information.
Sec. 26-166. - Individual Wastewater Discharge Permit Requirement
A. No Significant Industrial User shall discharge wastewater into the POTW without first
obtaining an individual wastewater discharge permit from the City Manager, or their designee,
except that a Significant Industrial User that has filed a timely application pursuant to Sec. 26- 167
of this ordinance may continue to discharge for the time period specified therein.
B. The City Manager, or their designee, may require other Users to obtain individual wastewater
discharge permits as necessary to carry out the purposes of this ordinance.
C. Any violation of the terms and conditions of an individual wastewater discharge permit shall
be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the
sanctions set out in Division 10 and 11 of this ordinance. Obtaining an individual wastewater
discharge permit does not relieve a permittee of its obligation to comply with all Federal and State
Pretreatment Standards or Requirements or with any other requirements of Federal, State, and local
law
Sec. 26-167. - Individual Wastewater Discharge Permitting: Existing Connections
Any User required to obtain an individual wastewater discharge permit who was discharging
wastewater into the POTW prior to the effective date of this ordinance and who wishes to continue
such discharges in the future, shall, apply for an individual wastewater discharge permit in
accordance with Sec. 26-169 of this ordinance, and shall not cause or allow discharges to the
POTW to continue after one hundred eighty (180) days, except in accordance with an individual
wastewater discharge permit issued by the City Manager, or their designee.
Sec. 26- 168. - Individual Wastewater Discharge Permitting: New Connections
Any User required to obtain an individual wastewater discharge permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the beginning or
recommencing of such discharge. An application for this individual wastewater discharge permit,
in accordance with Sec. 26-169 of this ordinance, must be filed at least ninety (90) days prior to
the date upon which any discharge will begin or recommence.
Sec. 26-169. - Individual Wastewater Discharge Permit Application Contents
All Users required to obtain an individual wastewater discharge permit must submit a permit
application. The City Manager, or their designee, may require Users to submit all or some of the
following information as part of a permit application:
A. Identifying Information. The name and address of the facility, including the name of the
operator and owner; contact information, description of activities, facilities, and plant production
processes on the premises.
B. Environmental Permits. A list of any environmental control permits held by or for the facility.
C. Description of Operations.
(1) A brief description of the nature, average rate of production (including each product produced
by type, amount, processes, and rate of production), and standard industrial classifications of the
operation(s) carried out by such User. This description should include a schematic process
diagram, which indicates points of discharge to the POTW from the regulated processes.
(2) Types of wastes generated, and a list of all raw materials and chemicals used or stored at the
facility which are, or could accidentally or intentionally be, discharged to the POTW.
(3) Number and type of employees, hours of operation, and proposed or actual hours of operation.
(4) Type and amount of raw materials processed (average and maximum per day).
(5) Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor
drains, and appurtenances by size, location, and elevation, and all points of discharge.
D. Time and duration of discharges.
E. The location for monitoring all wastes covered by the permit.
F. Flow Measurement. Information showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from regulated process streams and other streams, as
necessary, to allow use of the combined wastestream formula set out in Sec. 26-156 C [40 CFR
403.6(e)] .
G. Measurement of Pollutants.
(1) The categorical Pretreatment Standards applicable to each regulated process and any new
categorically regulated processes for Existing Sources.
(2) The results of sampling and analysis identifying the nature and concentration, and/or mass,
where required by the Standard or by the City Manager, or their designee, of regulated pollutants
in the discharge from each regulated process.
(3) Daily Maximum, and long-term average concentrations, or mass, where required, shall be
reported.
(4) The sample shall be representative of daily operations and shall be analyzed in accordance with
procedures set out in Sec. 26-189 of this ordinance. Where the Standard requires compliance with
a BMP or pollution prevention alternative, the User shall submit documentation as required by the
City Manager, or their designee, or the applicable Standards to determine compliance with the
Standard.
(5) Sampling must be performed in accordance with procedures set out in Sec. 26-190 of this
ordinance.
H. Any requests for a monitoring waiver (or a renewal of an approved monitoring waiver) for a
pollutant neither present nor expected to be present in the discharge based on Sec. 26-183 B [40
CFR 403 . 12(e)(2).
1. Any other information as may be deemed necessary by the City Manager, or their designee, to
evaluate the permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the User for
revlslorl.
Sec. 26-170. - Application Signatories and Certifications
All wastewater discharge permit applications, User reports and certification statements must be
signed by an Authorized Representative of the User and contain the certification statement in Sec.
26-193 A. If the designation of an Authorized Representative is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new written authorization satisfying
the requirements of this Section must be submitted to the City Manager, or their designee, prior to
or together with any reports to be signed by an Authorized Representative. A facility determined
to be a Non-Significant Categorical Industrial User by the City Manager, or their designee,
pursuant to Sec. 26-154 must annually submit the signed certification statement in Sec. 26- 193 B.
Sec. 26-171. - Individual Wastewater Discharge Permit Decisions
A. The City Manager, or their designee, will evaluate the data furnished by the User and may
require additional information. Within a reasonable time frame from the date of receipt of a
complete permit application, the City Manager, or their designee, will determine whether to issue
an individual wastewater discharge permit. The City Manager, or their designee, may deny any
application for an individual wastewater discharge permit.
B. As a prerequisite to receiving an industrial commercial wastewater discharge permit, the City
Manager, or their designee, 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 City
Manager, or their designee, in order to adequately sample and measure such wastewater. All
required control manholes shall be located so as to permit unrestricted access by the City Manager,
or their designee.
DIVISION 5 - INDIVIDUAL WASTEWATER DISCHARGE PERMIT ISSUANCE
Sec. 26-172. - Individual Wastewater Discharge Permit Duration
An individual wastewater discharge permit shall be issued for a specified time period, not to exceed
five (5) years from the effective date of the permit. An individual wastewater discharge permit
may be issued for a period less than five (5) years, at the discretion of the City Manager, or their
designee. Each individual wastewater discharge permit will indicate a specific date upon which it
will expire.
Sec. 26-173. - Individual Wastewater Discharge Permit Contents
An individual wastewater discharge permit shall include such conditions as are deemed reasonably
necessary by the City Manager, or their designee, to prevent Pass Through or Interference, protect
the quality of the water body receiving the treatment plant’s effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to the POTW.
A. Individual wastewater discharge permit must contain:
(1) A statement that indicates the wastewater discharge permit issuance date, expiration date and
effective date;
(2) A statement that the wastewater discharge permit is nontransferable without prior notification
to the City, in accordance with Sec. 26-176 of this ordinance, and provisions for fbrnishing the
new owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits, including BMPs, based on applicable Pretreatment Standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These
requirements shall include an identification of pollutants (or BMP) to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State, and local law;
(5) The process for seeking a waiver from monitoring for a pollutant neither present nor expected
to be present in the Discharge in accordance with Sec. 26-183 B.
(6) A statement of applicable civil and criminal penalties for violation of Pretreatment Standards
and Requirements, and any applicable compliance schedule. Such schedule may not extend the
time for compliance beyond that required by applicable Federal, State, or local law.
(7) Requirements to control Slug Discharge, if determined by the City Manager, or their designee,
to be necessary.
(8) Any grant of the monitoring waiver by the City Manager, or their designee, Sec. 26-183 B
must be included as a condition in the User’s permit.
B. Individual wastewater discharge permits may contain, but need not be limited to, the following
conditions :
(1) Limits on the average and/or maximum rate of discharge, time of discharge, and/or
requirements for flow regulation and equalization;
(2) Requirements for the installation ofpretreatment technology, pollution control, or construction
of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of
pollutants into the treatment works;
(3) Requirements for the development and implementation of spill control plans or other special
conditions including management practices necessary to adequately prevent accidental,
unanticipated, or nonroutine discharges;
(4) Development and implementation of waste minimization plans to reduce the amount of
pollutants discharged to the POTW;
(5) The unit charge or schedule of User charges and fees for the management of the wastewater
discharged to the POTW;
(6) Requirements for installation and maintenance of inspection and sampling facilities and
equipment, including flow measurement devices;
(7) A statement that compliance with the individual wastewater discharge permit does not relieve
the permittee of responsibility for compliance with all applicable Federal and State Pretreatment
Standards, including those which become effective during the term of the individual wastewater
discharge permit; and
(8) Other conditions as deemed appropriate by the City Manager, or their designee, to ensure
compliance with this ordinance, and State and Federal laws, rules, and regulations.
Sec. 26-174. - Reserved.
Sec. 26-175. - Permit Modification
A. The City Manager, or their designee, may modify an individual wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised Federal, State, or local Pretreatment Standards or
Requirements;
(2) To address significant alterations or additions to the User’s operation, processes, or wastewater
volume or character since the time of the individual wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent reduction or elimination
of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the City’s POTW, City
personnel, or the receiving waters;
(5) Violation of any terms or conditions of the individual wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical Pretreatment Standards pursuant to 40 CFR
403.13 9
(8) To correct typographical or other errors in the individual Wastewater discharge permit; or
(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where
requested in accordance with Sec. 26-176;
(10) The User shall be informed of any proposed changes in his permit at least thirty (30) days
prior to the effective date of change.
Sec.26-176. - Individual Wastewater Discharge Permit Transfer
Individual wastewater discharge permits may be transferred to a new owner or operator only if the
permittee gives at least ninety (90) days advance notice to the City Manager, or their designee, and
the City Manager, or their designee, approves the individual wastewater discharge permit transfer.
The notice to the City Manager, or their designee, must include a written certification by the new
owner or operator which:
A. States that the new owner and/or operator have 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 individual wastewater
discharge permit.
Failure to provide advance notice of a transfer renders the individual wastewater discharge permit
void as of the date of facility transfer.
Sec. 26-177. - Individual Wastewater Discharge Permit Revocation
The City Manager, or their designee, may revoke an individual wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
A. Failure to notify the City Manager, or their designee, of significant changes to the wastewater
prior to the changed discharge;
B. Failure to provide prior notification to the City Manager, or their designee, of changed
conditions pursuant to See. 26-184 of this ordinance;
C. Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
D. Falsifying self-monitoring reports and certification statements;
E. Tampering with monitoring equipment;
F. Refusing to allow the City Manager, or their designee, timely access to the facility premises
and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge permit application;
L. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
or
M. Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater
discharge permit or this ordinance.
Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer
of business ownership. All individual wastewater discharge permits issued to a User are void upon
the issuance of a new individual wastewater discharge permit to that User.
Sec. 26-178. - Individual Wastewater Discharge Permit Reissuance
A User with an expiring individual wastewater discharge permit shall apply for individual
wastewater discharge permit reissuance by submitting a complete permit application, in
accordance with Sec. 26-169 of this ordinance, a minimum of sixty (60) days prior to the expiration
of the User’s existing individual wastewater discharge permit.
Sec. 26-179. - Regulation of Waste Received from Other Jurisdictions
A. If another municipality, or User located within another municipality, contributes wastewater to
the POTW, the City Manager, or their designee, shall enter into an interlocal agreement with the
contributing municipality .
B. Prior to entering into an agreement required by paragraph A, above, the City Manager, or their
designee, shall request the following information from the contributing municipality :
(1) A description of the quality and volume of wastewater discharged to the POTW by the
contributing municipality;
(2) An inventory of all Users located within the contributing municipality that are discharging to
the POTW; and
(3) Such other information as the City Manager, or their designee, may deem necessary.
C. An interlocal agreement, as required by paragraph A, above, shall contain the following
conditions:
(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at
least as stringent as this ordinance and Local Limits, including required Baseline Monitoring
Reports (BMRs) which are at least as stringent as those set out in Sec. 26-158 of this ordinance.
The requirement shall specify that such ordinance and limits must be revised as necessary to reflect
changes made to the City’s ordinance or Local Limits;
(2) A requirement for the contributing municipality to submit a revised User inventory on at least
an annual basis;
(3) A provision specifying which pretreatment implementation activities, including individual
wastewater discharge permit issuance, inspection and sampling, and enforcement, will be
conducted by the contributing municipality; which of these activities will be conducted by the City
Manager, or their designee, and which of these activities will be conducted jointly by the
contributing municipality and the City Manager, or their designee;
(4) A requirement for the contributing municipality to provide the City Manager, or their designee,
with access to all information that the contributing municipality obtains as part of its pretreatment
actrvrtres;
(5) Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the
point where it discharges to the POTW;
(6) Requirements for monitoring the contributing municipality’s discharge;
(7) A provision ensuring the City Manager, or their designee, access to the facilities of Users
located within the contributing municipality’s jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary by the City Manager, or their
designee; and
(8) A provision specifying remedies available for breach of the terms of the interlocal agreement.
DIVISION 6 - REPORTING REQUIREMENTS
Sec. 26-180. - Baseline Monitoring Reports
A. Within either one hundred eighty (180) days after the effective date of a categorical
Pretreatment Standard, or the final administrative decision on a category determination under 40
CFR 403.6(a)(4), whichever is later, existing Categorical Industrial Users currently discharging to
or scheduled to discharge to the POTW shall submit to the City Manager, or their designee, a report
which contains the information listed in paragraph B, below. At least ninety (90) days prior to
commencement of their discharge, New Sources, and sources that become Categorical Industrial
Users subsequent to the promulgation of an applicable categorical Standard, shall submit to the
City Manager, or their designee, a report which contains the information listed in paragraph B,
below. A New Source shall report the method of pretreatment it intends to use to meet applicable
categorical Standards. A New Source also shall give estimates of its anticipated flow and quantity
of pollutants to be discharged.
B. Users described above shall submit the information set forth below.
(1) All information required in Sec. 26-169 A, Sec. 26-169 B, Sec. 26-169 C (1) and Sec. 26-169
F
(a) Measurement of pollutants.
i. The User shall provide the information required in Sec. 26-169 G (1) through (4).
ii. The User shall take a minimum of one representative sample to compile that data necessary to
comply with the requirements of this paragraph.
iii. Samples should be taken immediately downstream from pretreatment facilities if such exist or
immediately downstream from the regulated process if no pretreatment exists. If other wastewaters
are mixed with the regulated wastewater prior to pretreatment the User should measure the flows
and concentrations necessary to allow use of the combined wastestream formula in 40 CFR
403.6(e) to evaluate compliance with the Pretreatment Standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along
with supporting data shall be submitted to the Control Authority.
iv. Sampling and analysis shall be performed in accordance with Sec. 26-189.
v. The City Manager, or their designee, may allow the submission of a baseline report which
utilizes only historical data so long as the data provides information sufficient to determine the
need for industrial pretreatment measures.
vi. The baseline report shall indicate the time, date and place of sampling and methods of analysis,
and shall certify that such sampling and analysis is representative of normal work cycles and
expected pollutant Discharges to the POTW.
(2) Compliance Certification. A statement, reviewed by the User’s Authorized Representative as
defined in Sec. 26-154 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 (O&M) and/or additional pretreatment is required to meet the Pretreatment Standards
and Requirements.
(3) Compliance Schedule. If additional pretreatment and/or O&M will be required to meet the
Pretreatment Standards, the shortest schedule by which the User will provide such additional
pretreatment and/or O&M must be provided. The completion date in this schedule shall not be
later than the compliance date established for the applicable Pretreatment Standard. A compliance
schedule pursuant to this Section must meet the requirements set out in Sec. 26-181 of this
ordinance.
(4) Signature and Report Certification. All baseline monitoring reports must be certified in
accordance with Sec. 26-193 A of this ordinance and signed by an Authorized Representative as
defined in Sec. 26-154.
Sec. 26-181. - Compliance Schedule Progress Reports
The following conditions shall apply to the compliance schedule required by Sec. 26-180 B (3) of
this ordinance:
A. The schedule shall contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the User to meet the applicable Pretreatment Standards (such events
include, 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 operation);
B. No increment referred to above shall exceed nine (9) months;
C. The User shall submit a progress report to the City Manager, or their designee, 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
D. In no event shall more than nine (9) months elapse between such progress reports to the City
Manager, or their designee.
Sec. 26-182. - Reports on Compliance with Categorical Pretreatment Standard Deadline
Within ninety (90) days following the date for final compliance with applicable categorical
Pretreatment Standards, or in the case of a New Source following commencement of the
introduction of wastewater into the POTW, any User subject to such Pretreatment Standards and
Requirements shall submit to the City Manager, or their designee, a report containing the
information described in Sec. 26-169 F and G and Sec. 26-180 B (1) (a) of this ordinance. For
Users subject to equivalent mass or concentration limits established in accordance with the
procedures in Sec. 26- 156, this report shall contain a reasonable measure of the User’s long-term
production rate. For all other Users subject to categorical Pretreatment Standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure of operation), this
report shall include the User’s actual production during the appropriate sampling period. All
compliance reports must be signed and certified in accordance with Sec. 26-193 A of this
ordinance. All sampling will be done in conformance with Sec. 26- 190.
Sec. 26-183. - Periodic Compliance Reports
A. All Significant Industrial Users must, at a frequency determined by the City Manager, or their
designee, submit no less than twice per year, reports indicating the nature and concentration of
pollutants in the discharge which are limited by Pretreatment Standards and the measured or
estimated average and maximum daily flows for the reporting period. In cases where the
Pretreatment Standard requires compliance with a Best Management Practice (BMP) or pollution
prevention alternative, the User must submit documentation required by the City Manager, or their
designee, or the Pretreatment Standard necessary to determine the compliance status of the User.
B . The City may authorize an Industrial User subject to Pretreatment Standards to forego sampling
of a pollutant regulated by a categorical Pretreatment Standard or Local Limit if the Industrial User
has demonstrated through sampling and other technical factors that the pollutant is neither present
nor expected to be present in the Discharge, or is present only at background levels from intake
water and without any increase in the pollutant due to activities of the Industrial User. [see 40 CFR
403.12(e)(2)] This authorization is subject to the following conditions:
(1) The waiver may be authorized where a pollutant is determined to be present solely due to
sanitary wastewater discharged from the facility provided that the sanitary wastewater is not
regulated by an applicable categorical Standard and otherwise includes no process wastewater.
(2) The monitoring waiver is valid only for the duration of the effective period of the individual
wastewater discharge permit, but in no case longer than five (5) years. The User must submit a
new request for the waiver before the waiver can be granted for each subsequent individual
wastewater discharge permit. See Sec. 26- 169 H.
(3) in making a demonstration that a pollutant is not present, the Industrial User must provide data
from at least one sampling of the facility’s process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes.
(4) The request for a monitoring waiver must be signed in accordance with Sec. 26-154 and include
the certification statement in Sec. 26-193 A [40 CFR 403.6(a)(2)(ii)] .
(5) Non-detectable sample results may be used only as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection
level for that pollutant was used in the analysis.
(6) Any grant of the monitoring waiver by the City Manager, or their designee, must be included
as a condition in the User’s permit. The reasons supporting the waiver and any information
submitted by the User in its request for the waiver must be maintained by the City Manager, or
their designee, for three (3) years after expiration of the waiver.
(7) Upon approval of the monitoring waiver and revision of the User’s permit by the City Manager,
or their designee, the Industrial User must certify on each report with the statement in Sec. 26-193
C below, that there has been no increase in the pollutant in its wastestream due to activities of the
Industrial User
(8) in the event that a waived pollutant is found to be present or is expected to be present because
of changes that occur in the User’s operations, the User must immediately: Comply with the
monitoring requirements of Sec. 26-183 A, or other more frequent monitoring requirements
imposed by the City Manager, or their designee, and notify the City Manager, or their designee.
(9) This provision does not supersede certification processes and requirements established in
categorical Pretreatment Standards, except as otherwise specified in the categorical Pretreatment
Standard.
C. All periodic compliance reports must be signed and certified in accordance with Sec. 26-170
of this ordinance.
D. All wastewater samples must be representative of the User’s discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained
in good working order at all times. The failure of a User to keep its monitoring facility in good
working order shall not be grounds for the User to claim that sample results are unrepresentative
of its discharge.
E. If a User subject to the reporting requirement in this section monitors any regulated pollutant
at the appropriate sampling location more frequently than required by the City Manager, or their
designee, using the procedures prescribed in Sec. 26-190 of this ordinance, the results of this
monitoring shall be included in the report.
Sec. 26-184. - Reports of Changed Conditions
Each User must notify the City Manager, or their designee, of any significant changes to the User’s
operations or system which might alter the nature, quality, or volume of its wastewater at least
ninety (90) day before the change.
A. The City Manager, or their designee, 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 under Sec. 26- 169 of this ordinance.
B. The City Manager, or their designee, may issue an individual wastewater discharge permit
under Sec. 26-178 of this ordinance or modify an existing wastewater discharge permit under Sec.
26-175 of this ordinance in response to changed conditions or anticipated changed conditions.
Sec. 26-185. - Reports of Potential Problems
A. In the case of any discharge, including, but not limited to, accidental discharges, discharges of
a nonroutine, episodic nature, a noncustomary batch discharge, a Slug Discharge or Slug Load,
that might cause potential problems for the POTW, the User shall immediately telephone and
notify the City Manager, or their designee, of the incident. This notification shall include the
location of the discharge, type of waste, concentration and volume, if known, and corrective
actions taken by the User.
B. Within five (5) days following such discharge, the User shall, unless waived by the City
Manager, or their designee, submit a detailed written report describing the cause(s) of the discharge
and the measures to be taken by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense, loss, damage, or other liability which might be incurred
as a result of damage to the POTW, natural resources, or any other damage to person or property;
nor shall such notification relieve the User of any fines, penalties, or other liability which may be
imposed pursuant to this ordinance.
C. A notice shall be permanently posted on the User’s bulletin board or other prominent place
advising employees who to call in the event of a discharge described in paragraph A, above.
Employers shall ensure that all employees, who could cause such a discharge to occur, are advised
of the emergency notification procedure.
D. Significant Industrial Users are required to notify the City Manager, or their designee,
immediately of any changes at its facility affecting the potential for a Slug Discharge.
Sec. 26-186. - Reports from Unpermitted Users
All Users not required to obtain an individual wastewater discharge permit shall provide
appropriate reports to the City Manager, or their designee, may require.
Sec. 26-187. - Notice of Violation/Repeat Sampling and Reporting
If sampling performed by a User indicates a violation, the User must notify the City ManageR or
their designee, within twenty-four (24) hours of becoming aware of the violation. The User shall
also repeat the sampling and analysis and submit the results of the repeat analysis to the City
Manager, or their designee, within thirty (30) days after becoming aware of the violation. Re-
sampling by the Industrial User is not required if the City performs sampling at the User’s facility
at least once a month, or if the City performs sampling at the User between the time when the
initial sampling was conducted and the time when the User or the City receives the results of this
sampling, or if the City has performed the sampling and analysis in lieu of the Industrial User.
Sec. 26-188. - Notification of the Discharge of Hazardous Waste
A. Any User who commences the discharge of hazardous waste shall notify the POTW, the EPA
Regional Waste Management Division Director, and State hazardous waste authorities, in writing,
of any discharge into the POTW of a substance which, if otherwise disposed of, would be a
hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous
waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge
(continuous, batch, or other). If the User discharges more than one hundred (100) kilograms of
such waste per calendar month to the POTW, the notification also shall contain the following
information to the extent such information is known and readily available to the User: an
identification of the hazardous constituents contained in the wastes, an estimation of the mass and
concentration of such constituents in the wastestream discharged during that calendar month, and
an estimation of the mass of constituents in the wastestream expected to be discharged during the
following twelve (12) months. All notifications must take place no later than one hundred and
eighty (180) days after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However, notifications of changed
conditions must be submitted under Sec. 26-184 of this ordinance. The notification requirement
in this Section does not apply to pollutants already reported by Users subject to categorical
Pretreatment Standards under the self-monitoring requirements of Sec. 26-180, Sec. 26- 182 and
Sec. 26-183 of this ordinance.
B. Dischargers are exempt from the requirements of paragraph A, above, during a calendar month
in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more
than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the User discharges more than such quantities of
any hazardous waste do not require additional notification.
C. In the case of any new regulations under Section 3001 of RCRA identifying additional
characteristics of hazardous waste, or listing any additional substance as a hazardous waste, the
User must notify the City Manager, or their designee, the EPA Regional Waste Management Waste
Division Director, and the State hazardous waste authorities of the discharge of such substance
within ninety (90) days of the effective date of such regulations.
D. In the case of any notification made under this Section, the User shall certify that it has a
program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical.
E. This provision does not create a right to discharge any substance not otherwise permitted to be
discharged by this ordinance, a permit issued thereunder, or any applicable Federal or State law.
Sec. 26-189 - Analytical Requirements
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater
discharge permit application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable
categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical
techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling
and analytical techniques are inappropriate for the pollutant in question, sampling and analyses
shall be performed by using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the City Manager, or their designee> or
other parties approved by EPA.
Sec. 26-190. - Sample Collection
A. Samples collected to satisfy reporting requirements must be based on data obtained through
appropriate sampling and analysis performed during the period covered by the report, based on
data that is representative of conditions occurring during the reporting period. Except as indicated
in Section B and C below, the User must collect wastewater samples using 24-hour
flow-proportional composite sampling techniques, unless time-proportional composite sampling
or grab sampling is authorized by the City Manager, or their designee. Where time-proportional
composite sampling or grab sampling is authorized by the City, the samples must be representative
of the daily discharge. Using protocols (including appropriate preservation) specified in 40 C’FR
Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period
may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the
samples may be composited in the laboratory or in the field; for volatile organics and oil and
grease, the samples may be composited in the laboratory . Composite samples for other parameters
unaffected by the compositing procedures as documented in approved EPA methodologies may
be authorized by the City, as appropriate. In addition, grab samples may be required to show
compliance with Instantaneous Limits.
B. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
C. For sampling required in support of baseline monitoring and 90-day compliance reports
required in Sec. 26-180 and Sec. 26- 182 [40 CFR 403.12(b) and (d)], a minimum of four (4) grab
samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities for which
historical sampling data are available, the City Manager, or their designee, may authorize a lower
minimum. For the reports required by paragraphs Sec. 26-183 [40 CFR 403.12(e) and 403.12(h)],
the Industrial User is required to collect the number of grab samples necessary to assess and assure
compliance by with applicable Pretreatment Standards and Requirements.
D. All sampling required to be reported must include a chain-of-custody form which documents
the date, exact place, method, time of sampling, and the name of the person(s) taking the samples.
Sec. 26-191. - Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date postmarked. For reports, which
are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service,
the date of receipt of the report shall govern.
Sec. 26-192. - Recordkeeping
Users subject to the reporting requirements of this ordinance shall retain, and make available for
inspection and copying, all records of information obtained pursuant to any monitoring activities
required by this ordinance, any additional records of information obtained pursuant to monitoring
activities undertaken by the User independent of such requirements, and documentation associated
with Best Management Practices established under Sec. 26- 158 D. Records shall include a chain-
of-custody form which documents the date, exact place, method, time of sampling, and the name
of the person(s) taking the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of at least three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the User or the City, or where
the User has been specifically notified of a longer retention period by the City Manager, or their
designee
Sec. 26-193. - Certification Statements
A. Certification of Permit Applications, User Reports and Initial Monitoring Waiver –The
following certification statement is required to be signed and submitted by Users submitting permit
applications in accordance with Sec. 26-170; Users submitting baseline monitoring reports under
Sec. 26-180 E; Users submitting reports on compliance with the categorical Pretreatment Standard
deadlines under Sec. 26-182; Users submitting periodic compliance reports required by Sec. 26-
183 A through C; and Users submitting an initial request to forego sampling of a pollutant on the
basis of Sec. 26-183 B (4). The following certification statement must be signed by an Authorized
Representative as defined in Sec. 26-154:
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
B. Annual Certification for Non-Significant Categorical Industrial Users–A facility determined
to be a Non-Significant Categorical Industrial User by the City Manager, or their designee,
pursuant to See. 26-154 and Sec. 26-170 must annually submit the following certification
statement signed in accordance with the signatory requirements in Sec. 26-154. This certification
must accompany an alternative report required by the City Manager, or their designee.
Based on my inquiry of the person or persons directly responsible for managing compliance with
the categorical Pretreatment Standards under 40 CFR , I certify that, to the best of my
knowledge and belief that during the period from , b ,
[months, days, year] :
(a) The facility described as
[facility name] met the definition of a Non-Significant Categorical Industrial User as described in
Sec. 26-154;
(b) The facility complied with all applicable Pretreatment Standards and requirements during this
reporting period; and
(c) The facility never discharged more than 100 gallons of total categorical wastewater on any
given day during this reporting period.
This compliance certification is based on the following information.
C. Certification of Pollutants Not Present
Users that have an approved monitoring waiver based on Sec. 26-183 B must certify on each report
with the following statement that there has been no increase in the pollutant in its wastestream due
to activities of the User.
Based on my inquiry of the person or persons directly responsible for managing compliance with
the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard
part(s)], I certify that, to the best of my knowledge and belief, there has been no increase in the
level of [list pollutant(s)] in the wastewaters due to the activities at the facility since filing
of the last periodic report under Sec. 26- 183 A.
DIVISION 7 - COMPLIANCE MONITORING
Sec. 26-194. - Right of Entry: Inspection and Sampling
The City Manager, or their designee, 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 City
Manager, or their designee, 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 City Manager, or their designee, shall be
permitted to enter without delay for the purposes of performing specific responsibilities.
B. The City Manager, or their designee, 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 City Manager, or their designee, 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 required by the City Manager, or
their designee, 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 City
Manager, or their designee, and shall not be replaced. The costs of clearing such access shall be
borne by the User.
E. Unreasonable delays in allowing the City Manager, or their designee, access to the User’s
premises shall be a violation of this ordinance.
F. It shall be a violation of this ordinance to tamper with any equipment required by this Section.
G. In accordance with 40 CFR Part 403, the City shall inspect and monitor each Significant
Industrial User a minimum of once per year and will maintain records as required herein.
Sec. 26-195. - Inspection Warrants
If the City Manager, or their designee, has been refused access to a building, structure, or property,
or any part thereof, and is able to demonstrate probable cause to believe that there may be a
violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance with this ordinance or
any permit or order issued hereunder, or to protect the overall public health, safety and welfare of
the community, the City Manager, or their designee, may seek issuance of an inspection warrant
from the Municipal Court of the City of Denton, Texas.
DIVISION 8 - CONFIDENTIAL INFORMATION
Information and data on a User obtained from reports, surveys, wastewater discharge permit
applications, individual wastewater discharge permits, and monitoring programs, and from the
City Manager, or their designee, inspection and sampling activities, shall be available to the public
without restriction, unless the User specifically requests, and is able to demonstrate to the
satisfaction of the City Manager, or their designee, that the release of such information would
divulge information, processes, or methods of production entitled to protection as trade secrets
under applicable State law. Any such request must be asserted at the time of submission of the
information or data. When requested and demonstrated by the User furnishing a report that such
information should be held confidential, the portions of a report which might disclose trade secrets
or secret processes shall not be made available for inspection by the public, but shall be made
available immediately upon request to governmental agencies for uses related to the NPDES
program or pretreatment program, and in enforcement proceedings involving the person furnishing
the report. Wastewater constituents and characteristics and other effluent data, as defined at 40
CFR 2.302 shall not be recognized as confidential information and shall be available to the public
without restriction.
DIVISION 9 - PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The City Manager, or their designee, shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served by the POTW, a list of the
Users which, at any time during the previous twelve (12) months, were in Significant
Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant
Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User
that violates paragraphs (C), (D) or (H) of this Section) and shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent (66%) or more of all the measurements taken for the same pollutant parameter taken during
a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as defined in_Division 2;
B. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent
(33%) or more of wastewater measurements taken for each pollutant parameter during a six (6)
month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement
including Instantaneous Limits, as defined by Division 2, multiplied by the applicable criteria (1.4
for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
C. Any other violation of a Pretreatment Standard or Requirement as defined by Division 2 (Daily
Maximum, long-term average, Instantaneous Limit, or narrative standard) that the City Manager,
or their designee, determines has caused, alone or in combination with other discharges,
Interference or Pass Through, including endangering the health of POTW personnel or the general
publicl
D. Any discharge of a pollutant that has caused imminent endangerment to the public or to the
environment, or has resulted in the City Manager’s, or their designee’s, exercise of its emergency
authority to halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone
contained in an individual wastewater discharge permit or enforcement order for starting
construction, completing construction, or attaining final compliance;
F. Failure to provide within forty-five (45) days after the due date, any required reports, including
baseline monitoring reports, reports on compliance with categorical Pretreatment Standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), which may include a violation of Best Management Practices, which
the City Manager, or their designee, determines will adversely affect the operation or
implementation of the local pretreatment program.
DIVISION 10 - PROCEDURES FOR ABATEMENT OF VIOLATIONS
Sec. 26-196. - Administrative Enforcement Remedies
A. Notification of Violation.
When the City Manager, or their designee, finds that a User has violated, or continues to violate,
any provision of this ordinance, an individual wastewater discharge permit, or any order issued
hereunder, or any other Pretreatment Standard or Requirement, the City Manager, or their
designee, may serve upon that User a written Notice of Violation. within a specified number of
days from the User’s receipt of such notice, 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, or their designee. Submission of such a 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 City Manager, or their
designee, to take any action, including emergency actions or any other enforcement action, without
first issuing a Notice of Violation.
B. Administrative Orders.
(1) Compliance Orders. When the City Manager, or their designee, 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, or their designee,
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 disconnected unless adequate 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.
(2) Cease and Desist Orders. When the City Manager, or their designee, 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 City Manager, or their designee, 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.
C. 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
D. Appeals. Any person may appeal an order of the City Manager, or their designee, by filing a
written notice of appeal with the City Manager, or their designee, on forms provided by the Utilities
Administration Office. Such notice of appeal shall be filed within ten (10) days of service of the
order
E. Termination of Discharge.
In the addition to the provisions in provisions in Sec. 26-177 (revocation) of this ordinance, any
User who violates the following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and
characteristics prior to discharge;
(4) Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring,
or sampling; or
(5) Violation of the Pretreatment Standards in Division 2 of this ordinance.
Exercise of this option by the City Manager, or their designee, shall not be a bar to, or a prerequisite
for, taking any other action against the User.
F. Emergency suspension of service. The City Manager, or their designee, 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, or their designee, to stop an actual or threatened discharge which
presents or may present imminent substantial danger to the environment or to the health or welfare
of persons; presents or may present imminent substantial danger to the POTW, storm sewer or
waters of the State; or will cause pass through or interference of the POTW.
(1) Notice of suspension. As soon as practicable after the suspension of service, the City Manager,
or their designee, 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.
(2) Reinstating service. The City Manager, or their designee, shall reinstate suspended services
to the wastewater User or to the person discharging to the storm sewer upon proof by such person
that the non-complying discharge has been eliminated; upon payment by such person of its
outstanding water, sewer and stormwater utility charges; upon payment by such person of all costs
incurred by the City in responding to the discharge or threatened discharge; and upon payment by
such person of all costs incurred by the City in reconnecting services.
(3) Written statement. Within five (5) days of the day of suspension of services, the wastewater
User or the Person shall submit to the City Manager, or their designee, a detailed written statement
describing the cause of the discharge and the measures taken to prevent any future occurrence.
G. Right to hearing. Upon notification or issuance of an Administrative Order, proposed
Termination of Discharge, or notice of Suspension, a User will be offered an opportunity to a
hearing and determination under Sec. 26-196 H of this ordinance, why the proposed action should
not be taken. The hearing shall be conducted in accordance with Sec. 26-196 H.
H. Hearing and determination.
( 1) An environmental appeals committee is hereby established and authorized to hear and decide
appeals from any order issued by the City Manager, or their designee, 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 City Manager, or
their designee.
(2) The committee may call and hold hearings, administer oaths, receive evidence at the hearing,
and make findings of fact 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
City Manager, or their designee, 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 City Manager, or their designee, 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 City Manager, or their designee, in addition to any other remedy provided for
in this article, may terminate sewer service to the appellant.
I. Other steps. If a person fails to comply with a notice or order issued under this Section, the
City Manager, or their designee, shall take such steps as deemed necessary to prevent or minimize
damage to the storm sewer, PC)TW or waters of the State, or to minimize danger to persons. Such
steps may include immediate severance of a person’s sanitary sewer connection.
J. Reinstatement of suspended or revoked permit.
(1) The City Manager, or their designee, shall reinstate a wastewater discharge permit upon
satisfactory proof to the City Manager, or their designee, of corrective action of the permittee of
the conditions or discharge for which the permit was suspended.
(2) A User whose 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.
Sec. 26-197. - Judicial Enforcement Remedies
A. Injunctive Relief. When the City Manager, or their designee, finds that a User has violated, or
continues to violate, any provision of this ordinance, an individual wastewater discharge permit,
or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager,
or their designee, may petition the Court of proper jurisdiction and venue in Denton County, Texas
through the City Attorney’s for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of the individual wastewater
discharge permit, order, or other requirement imposed by this ordinance on activities of the User.
City Manager, or their designee, may also seek such other action in a Court of proper jurisdiction
and venue, as is appropriate for legal and/or equitable relief, including a requirement for the User
to conduct environmental remediation. A petition for injunctive relief shall not be a bar against,
or a prerequisite for, the City of Denton, Texas taking any other action against a User.
B. Civil Penalties
( 1) 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:
(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, Section
54.017 for a violation of Sections 26-151 through 26-208 hereoe and
(e) any and all other damages, costs and remedies to which the City may be entitled.
(2) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other
actions against a User, as such a civil action brought against the User is non-exclusive.
Sec. 26-198. - Remedies Non-exclusive.
The remedies provided for in this ordinance are not exclusive. The City Manager, or their
designee, may take any, all, or any combination of these actions against a noncompliant User.
Enforcement of pretreatment violations will generally be in accordance with the City’s
enforcement response plan. However, the City Manager, or their designee, may take other action
against any User when the circumstances warrant. Further, the City Manager, or their designee, is
empowered to take more than one enforcement action against any noncompliant User.
DIVISION 11 – SUPPLEMENTAL ENFORCEMENT ACTIONS
Sec. 26-199. - Water or Sewer Service Severance.
Wherever a User has violated or continues to violate any provision of this ordinance, an individual
wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, service to the User may be severed. Service will recommence, at the User’s expense,
after the User has satisfactorily demonstrated its ability to comply.
Sec. 26-200. - Public Nuisances.
A violation of any provision of this ordinance, an individual wastewater discharge permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement is hereby declared a public
nuisance and shall be corrected or abated as directed by the City Manager, or their designee. A
public nuisance is also created by all sewage, human excreta, wastewater, or other potential
instrument or medium in the transmission of disease to or between any Person(s). Any Person(s)
or User(s) creating a public nuisance shall be subject to the provisions of this Chapter governing
such nuisances, including reimbursing the City for any costs incurred in removing, abating, or
remedying said nuisance.
DIVISION 12 - AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
Sec. 26-201. -- Act of God
If a person can establish that an event that would otherwise be a violation of a statute within the
commission’s jurisdiction or a rule adopted or an order or a permit issued under such a statute was
caused solely by an Act of God, war, strike, riot or other catastrophe, the event is not a violation
of that statute, rule, order or permit.
Sec. 26-202. - Bypass.
A. For the purposes of this Section,
( 1) Bypass means the intentional diversion ofwastestreams 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 Notifications
(1) if a User knows in advance of the need for a bypass, it shall submit prior notice to the City
Manager, or their designee, at least ten (10) days before the date of the bypass, if possible.
(2) A User shall submit oral notice to the City Manager, or their designee, of an unanticipated
bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time
it becomes aware of the bypass. A written submission shall also be provided within five (5) 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 City Manager,
or their designee, may waive the written report on a case-by-case basis if the oral report has been
received within twenty-four (24) hours.
D. Bypass
( 1) Bypass is prohibited, and the City Manager, or their designee, may take an enforcement action
against a User for a bypass, unless
(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(b) There were no feasible alternatives to the bypass, such as the 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
(c) The User submitted notices as required under paragraph (C) of this Section.
(2) The City Manager, or their designee, may approve an anticipated bypass, after considering its
adverse effects, if the City Manager, or their designee, determines that it will meet the three
conditions listed in paragraph (D)(1) of this Section.
DIVISION 13 - FEES, CHARGES, AND RECOVERY OF COSTS INCURRED
A. In addition to civil and criminal liability, the permittee violating any of the provisions of a
discharge permit issued pursuant to this Article, or causing damage to or otherwise inhibiting the
POTW, shall be liable to the City for any expense, loss, or damage caused by such violation or
discharge. The City shall bill the permittee for the costs incurred by the City for any cleaning,
repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs
shall constitute a separate violation.
B. If Abnormal Strength Wastewater is acceptable for discharge into the wastewater system as
determined by the City Manager, or their designee, a wastewater surcharge may be added to the
base charge to cover the additional cost of treating abnormal strength wastewater. Such surcharge
rates shall be established and be in accordance with ordinances adopted and as from time-to-time
amended by the City Council.
C. The City may adopt reasonable fees for reimbursement of costs of setting up and operating the
City’s Pretreatment Program, which may include:
(1) Fees for wastewater discharge permit applications including the cost of processing such
applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection
and analyzing a User’s discharge, and reviewing monitoring reports and certification statements
submitted by Users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals;
(5) Fees to recover administrative and legal costs associated with the enforcement activity taken
by the City Manager, or their designee, to address User noncompliance; and
(6) Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this ordinance and are separate from all other
fees, fines, and penalties chargeable by the City.
DIVISION 14 - MISCELLANEOUS PROVISIONS
Sec. 26-203. - Wastewater system work permit required.
A. 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 City Manager, or their designee.
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 City Manager, or their designee,
may require and the City Manager, or their designee, 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 provision 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 City
Manager, or their designee, shall inspect the work and, if done in accordance with the permit, the
City Manager, or their designee, 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 City Manager, or their designee, shall require such correction as
necessary before a certificate of inspection is issued.
(c) 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.
(3) Right to inspect. No person shall refuse the City Manager, or their designee, the right to inspect
any work done or required to be done under this article.
Sec. 26-204. - Sanitary Facilities 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 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 al ordinances of the City
regulating such construction and shall, within thirty (30) days after written notice to do so from
the City Manager, or their designee, 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 an 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 City
Manager, or their designee, abate and cease to use any septic system, dry closet or privy upon such
prernlses.
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. 26-205. - 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 26-206. - 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. 26-207. - Owner responsible for maintenance of sanitary sewer lines.
The (,-'ity 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. 26-208. - 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. 26-209. - Reserved.
SECTION 2. 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 there with 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, as provided by Section 54.001(b) of the Texas Local Government Code; 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. 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.
SECTION 5. Any person who has knowingly made any false statement, representation,
or certification in any application, record, report, plan, or other documentation filed, or required to
be maintained, pursuant to this article, or any order issued hereunder, or who has falsified,
tampered with, or knowingly rendered inaccurate any monitoring device or method required under
this article shall, upon conviction, be subject to a fine of not more than $5,000. 00 per violation,
per day, or any greater fine authorized by state statute.
SECTION 6. The City Secretary is hereby directed to record and publish the foregoing
ordinance in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local
Government Code.
SECTION 7. This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
aH,// S a„d~
Ordinance was passid and approved by
The
second1
the foII
Aye
t/
6//
,/
,/-
,/
4/
L//
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the \ d day of K\aCL 2021
dB( J/ –
GERARD FrUDSPETFI, MAYOR
A11111111f
ATTEST:
ROSA RIOS, CITY SECRETARY
By:#?I) d.I
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
a„~@"DQttJlysignd byCathedneCltfbn
DN:dc=com. dc=dtyoFdenton dc=codad.
anCathenne CIIfton.
email<attwineCHRon@cttyofderHoncom
===:==T=:pr:TIll LeS
By: