2001-200ORDINANCE NO H O-Ad-o
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE
PROVISIONS OF CHAPTER 26 RELATING TO UTILITIES BY AMENDING
SECTIONS 26-1, 26-3, 26-4, 26-5, 26-6, 26-8, 26-9, 26-10 AND 26-37, FURTHER
PROVIDING FOR AMENDMENTS TO SECTIONS 26-100, 26-104, 26-128, 26-153,
26-154, 26-155, 26-157, 26-158, 26-160, 26-161, 26-171, 26-177, 26-186, 26-187, 26-
188, 26-189, 26-190, 26-191, 26-201, 26-202, 26-203, 26-204, 26-205, 26-206, 26-207,
26-227, 26-233 AND 26-234 IN ORDER TO REFLECT CURRENT
ORGANIZATIONAL STATUS REGARDING THE ASSISTANT CITY MANAGER -
UTILITIES, PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A
REPEALER CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A
PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF SECTION 26-233
AND/OR SECTION 26-234, AS APPLICABLE, ESTABLISHING A SUNSET
PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE AS TO THE
REMAINING PROVISIONS
WHEREAS, the Council of the City of Denton, Texas has carefully evaluated
several of the provisions of Chapter 26 of the Code of Ordinances ("Utilities") and has
recognized the need to change several provisions thereof, and
WHEREAS, the Council, during its evaluation of Chapter 26, desires to make
technical corrections to a number of provisions of Chapter 26 to correctly reflect the
current organizational structure of the city, whenever the term "executive director for
utilities" is replaced with "assistant city manager - utilities", and
WHEREAS, it is the intent of the Council to protect and promote the public
health, safety, and welfare, by so amending the Code of Ordinances accordingly, NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Chapter 26 of the Code of Ordinances of the City ("Utilities")
be and the same is hereby amended by adding the following provisions, which shall read
as follows
SECTION 26 - UTILITIES
ARTICLE I IN GENERAL
Sec. 26-1. Assistant city manager - utilities
(a) Definition As used in this chapter and wherever it may appear in this Code, the
term assistant city manager - utilities or public utilities director shall mean the assistant
city manager - utilities of the utilities department
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(b) Appointment The assistant city manager - utilities shall be appointed by the city
manager subject to confirmation by the public utilities board
(c) Powers and duties The assistant city manager - utilities shall have such powers
and duties as may be provided by ordinance
(d) Mapping of systems The assistant city manager - utilities shall prepare and
maintain complete, up-to-date maps of the electric, sanitary sewerage and water systems
of the city
Sec 26-3. Service deposits and alternatives.
A service deposit will be required unless the applicant provides one of the exemptions as
listed below (a), (b) or (c)
(a) Residential customers If a customer receiving residential service is required to
make a deposit, the amount of the deposit shall be a mimmum of one hundred fifty
dollars ($150 00) If the customer has an unacceptable credit rating, the deposit may be
as much as an amount equal to one-sixth of the last twelve (12) months billing at the
service location or a similar location as determined by the utility representative An
alternative to the deposit is available if the customer meets one of the following criteria
Residential exemption from deposit No service deposit will be required of an applicant
for residential utility service if the applicant can provide and qualify for one (1) of the
following
(1) The applicant has an acceptable credit rating for twelve (12) consecutive months
within the last two (2) years with either the city utility system or another electric utility
company If the service was with another utility, the applicant must provide the city with
a letter of good credit for utility services from the former utility company for verification
within twenty (20) days of applying for service
(2) The applicant provides a cosigner who accepts responsibility and is venfied to have
an acceptable credit rating with the city utility system, and who is willing to be listed on
the account to guarantee payment of the applicant's utility bills This guarantee will be
in effect until the applicant develops an acceptable credit rating
(3) The customer receives an acceptable credit rating from a credit source available to
the city The customer must pay the cost of obtaining the credit rating This cost will be
set annually within the Utility Rate Ordinance, but will not exceed $100
For purposes of this chapter, "acceptable credit rating" shall mean a credit rating which is
based upon a commonly used formula or a formula approved by the city council
(b) Commercial customers In the case of commercial or industrial service, if the
applicant for service is required to make a deposit, the amount of the deposit shall be a
minimum of three hundred dollars ($300 00) or an amount equal to one-sixth of the last
twelve (12) months of billing at the location where service is requested, whichever is
greater If no previous history is available for the location, a representative facility
similar to the type where service is requested will be used to establish the amount of the
deposit
Commercial exemption from deposit An applicant for utility service for a commercial
or industrial entity or business may not be required to make a deposit if the applicant
(1) Provides the city an acceptable commercial/mdustnal credit rating for the last
twenty-four (24) months the customer received service from the city utility system or a
commercial letter of good credit from another utility system The period has to be within
the three (3) years prior to the date of application The commercial letter of good credit
from a former utility company must be received for verification within 20 days of signing
for service Credit references from residential utility accounts are not accepted for
exemptions of commerciallindustnal deposits, or
(2) If the credit of a commercial/industrial customer for service has not been established
satisfactorily to the city, the applicant may provide an irrevocable letter of credit in lieu
of a deposit The irrevocable letter of credit must be executed by a Texas bank to the
satisfaction of the city manager and city attorney The customer must maintain the
irrevocable letter of credit in effect at all times If the customer allows the irrevocable
letter of credit to expire, the customer shall pay a deposit in the amount provided as listed
above, or the city may terminate utility service
Sec. 26-4. Additional deposit required.
(a) Additional deposits The city may require a customer to make an additional deposit
in the event that a deposit made as specified in subsection (a) or (b) is subsequently
determined to no longer be sufficient In no event will the amount of the deposit exceed
one-sixth of the last twelve (12) months billing at the service location The city may
disconnect service if the customer does not remit the additional deposit within fourteen
(14) days of the city's request, provided a written disconnect notice has been issued
Such disconnect notice may be issued concurrently with the written request for the
additional deposit
A customer may be required to pay a deposit or put down an additional deposit amount if
(1) The customer has been terminated from receipt of utility service due to non-
payment of a utility bill, or
(2) The city has determined there is evidence of tampering with the customer's meter,
or
(3) The customer has an unacceptable credit rating and the city does not have in its
files a current cosigner or applicant who meets the requirements of section 26-3(a) or (b),
or
(4) The customer has been required to pay or is paying off a utility account balance
previously deemed uncollectible or is past due, or
(5) The customer has filed a petition for relief under the applicable provisions of the
United States Bankruptcy Code, or
(6) The customer's irrevocable letter of credit filed with the city in lieu of a deposit has
expired
(b) Interest The city shall pay interest on deposits at an annual rate established by city
council If a refund of the deposit is made within thirty (30) days of receipt of the
deposit, no interest will be paid If the deposit is retained more than thirty (30) days,
payment of interest shall be retroactive to the date the entire amount of deposit has been
made The deposit shall cease to draw interest on the date it is returned or credited to the
customer's account Payment of the interest to the customer shall be made at the time the
deposit is returned or credited to the customer's account If the customer's account is
active, the deposit will automatically be applied to the customer's account to offset
current billing If the amount remaining after the offset is greater than one-sixth of the
annual billing amount due, the amount will be refunded by check to the customer
(c) Credit checks After making application for service, the customer service
department may pursue a credit reference check The customer will be given service
promptly after application, but if the credit check shows the customer does not have an
acceptable credit rating, the customer will be required to produce a cosigner or place a
deposit on account Failure to do so will result in the discontinuance of service with no
less than two (2) days of notification given in writing, to the prospective customer by the
customer service department
Sec. 26-5. Refunds of deposits.
The city shall refund deposits to applicants and customers if one of the following events
occurs
(a) The customer's service has been disconnected The city shall refund the deposit
plus accrued interest less any outstanding balances A transfer of service from one
service location to another shall not be deemed a disconnection and the city shall not
require an additional deposit unless authorized by section 26-3 or section 26-4 hereof
(b) When the customer has paid bills for service for twelve (12) consecutive residential
billings or twenty-four (24) consecutive commercial or industrial billings without having
service disconnected for non-payment of bills, or meter tampering, and with no more than
two (2) occasions each year in which a bill was delinquent, as provided by section 26-
6(a), and provided the customer is not delinquent in the payment of the current bill The
city shall then, in that event, refund the deposit (plus accrued interest) to the customer in
the form of a credit to the customer's account The City may also release the customer's
irrevocable letter of credit
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Sec 26-6. Other fees.
(a) Connection and transfer fees A connection fee in an amount established by the
city council and on file in the office of the city secretary will be charged to new
customers requesting water and/or electric service, and a transfer fee in an amount
established by the city council and on file in the office of the city secretary will be
charged existing customers for transferring from one location to another
(b) Reconnect fee and deposit If water and/or electric utility service is disconnected
for nonpayment, then the customer will be required to pay a reconnect fee in an amount
established by the city council and on file in the office of the city secretary and establish
and maintain a deposit sum equal to one-sixth of the last twelve (12) months' billings on
billing at the location where service is requested If a twelve (12) month lustory is not
available, an estimated usage will be used to assess the deposit amount
Sec 26-8. Grounds for discontinuance of service.
(a) The assistant city manager - utilities shall discontinue service to any person
violating any provision of this chapter or any published rule or regulation of the
utilities department, or of the City of Denton, until such violation has been
corrected
(b) The assistant city manager - utilities, or his designee, shall discontinue service
to any person found defrauding the utilities department by tampering with any
water or electric line or meter Service disconnected for any such reason shall
not be restored until the assistant city manager - utilities, or his designee, is
satisfied that all loss to the utilities department has either been repaid, or is
financed for repayment, and that service may be restored without undue risk of
further loss through such acts or nonpayment
(c) Subject to the approval of the city council, the assistant city manager - utilities
shall discontinue service to any person found to be unreasonably wasting or
diverting electricity or water
(d) Utility services may be terminated if payments become delinquent The city
may terminate services at any time upon delinquent status of an account Once
services are terminated, any deposit held by the city will be applied to the
delinquent account If the customer wishes to reconnect services, the customer
will be required to pay a reconnect charge and the remaining balance of the
delinquent amount or at least fifty percent (50%) with a signed legal agreement
to pay the remainder with three (3) consecutive monthly installments The city
may refuse service and require payment in full, based on the credit history of
the customer For continued service, the city will require an additional deposit
amount as described in 26-4
Sec. 26-9. Billing and collection for services.
(a) Due date for payment of statements The due date for the payment of the bill for
utility services shall not be less than fourteen (14) days after issuance Payment must be
received in the established utility services locations by close of business on the due date,
to avoid termination of services, delinquent service fees, and maintain a good credit
rating Payments placed in the mail and showing a postmark on the due date will not be
considered as being received on the due date In addition payments made through
alternative sources such as, telephone, drop box or internet, will be accepted according to
the terms established for those services These payment requirements will be established
by city council, and available in the office of the city secretary, and posted at customer
access points when possible
(b) Discontinuance of service for nonpayment Each customer of the city's utility
system who has not paid by the due date as noted on the billing, or according to
finance agreements, is eligible for disconnect after the due date without further
notification
(c) Notice of termination of services A customer maybe notified on his current utility
statement that his service is eligible for disconnection due to a delinquent balance
The statement will inform the customer that he should contact the utility customer
service department immediately and prior to disconnection of utility services to
present any evidence or argument concerning the statement or amount of utility
service provided by the city The customer will be required to pay any amounts
not registered by the customer service department as under dispute Any disputed
items must be resolved within sixty (60) days of notification to utility customer
service The city will attempt to call the customer and provide a verbal warning of
termination of services two (2) days prior to actual termination
(d) Alternatives to termination of service A customer with a past due or delinquent
balance may avoid termination of utility service by doing one (1) of the following
(1) Paying the total amount due by the specified due date,
(2) Arranging with the utility customer service department for a short-term payment
agreement that would require down payment of at least fifty (50%) percent of the
outstanding bill and payment of the remaining amount in not more than three (3)
consecutive equal monthly payments A customer may apply for a short-term payment
agreement no more than once every six (6) months
(3) If the customer is unable to meet these conditions or has defaulted on a short-term
payment agreement within the last six (6) months, the customer may request to apply for
financing under the utility account review committee criteria Crites will be reviewed
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and approved by this committee at least annually This committee will be composed of
the city manager, city attorney, assistant city manager of finance, and the assistant city
manager of utilities Additionally, one (1) citizen representative selected and appointed
by the assistant city manager of utilities will serve as a nonvoting member of the
committee If committee members are unable to attend the meeting, they may send a
designated representative in their place The utility account review committee is
authorized to develop the cntena for long-term financing beyond the three-month period
but cannot extend repayment beyond twelve (12) months Neither the utility customer
service department nor the utility account review committee will have the authority to
waive all or any portion of the utility statement owing to the city except when an error in
billing has occurred Finance charges will be applicable as determined by this ordinance
and the utility account review committee criteria Any account that is delinquent without
any contact to address the delinquency within sixty (60) days of the delinquent date, will
be turned over for collection, and appropriate reports regarding the customer's credit
rating may be processed Once financing has been established using the review
committee criteria, obligations must be met according to that agreement No additional
delinquency will be accepted Failure to pay under the agreed-upon finance terms will
require payment in full for continued services
(e) Certain adjustments prohibited No adjustment will be made in any monthly bill
because of any water or electric leak or loss, unless otherwise stated in this ordinance
No allowance shall be made on utility bills because of use of less service than the
quantity set as the basis for the minimum charge
(f) Service meters required Each customer maintaining a separate residence, either
house or apartment, shall have a separate water meter and electric meter and a separate
service connection to the city sewer lines, provided, however, that multiple dwellings
containing less than five (5) units may be served by one (1) water and one (1) electric
meter and one (1) sewer service connection and will be billed under the residential
multiple block rate Multiple dwellings containing five (5) or more units which do not
have separate metering and service facilities shall be classified as commercial buildings
for utility purposes and shall be billed under the applicable commercial rates
(g) Notice of service changes required Any customer or prospective customer of the
city utility system moving into or out of a building where electric, water, sewer or solid
waste service is or will be provided, shall give a mmimum of twenty-four (24) hours
notice to the customer service department prior to the proposed date of connection or
disconnection of utilities If the customer fails to give proper notification, payment for
services shall be prorated based on evidence provided by the customer or available to
utility services and the amount billed will be due and payable by the customer
(h) Proration of utility bills The billings for utilities consumption may be calculated
on a thirty-day basis and prorated higher or lower for longer or shorter billing periods
respectively
(i) Proration of customer facility charge All monthly customer facility charges
contained in this chapter shall be prorated higher or lower for billing periods longer or
shorter than thirty (30) days, respectively In such cases, the flat monthly charge shall be
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multiplied by twelve (12) then divided by three hundred sixty-five (365) to arrive at a
daily customer facility charge The daily charge shall then be multiplied by the actual
number of days in the billing period
O)Estimated billings and balling adjustments The city may estimate active utility
services for no more than (2) two consecutive balling periods This estimate shall be
considered the current month billing and must be paid accordingly The city shall also
have the right to provide billing adjustments, consisting of back-billing or back credits,
on prior billings for a period up to, but no greater than two (2) years These prior period
balling adjustments must be based on actual meter readings, venfiable evidence, or
proration based on actual readings
(k)Rejection of application for services An application may be rejected if utility
customer service has a record of previous past due accounts owing by the applicant The
city has the option of requiring these amounts to be paid in full, or transferring the
amounts to the new service account after a down payment, and financing of the
remaining amount for a period of three (3) months
Sec. 26-10. Budget billing customer option
Any residential or local government utility customer of the city may request to be billed
for electrical, water, sewer and/or sanitation services based upon an average billing
amount The eligibility and calculation criteria are as follows
(1) The customer shall request budget billing in accordance with the provisions of this
section The customer must have established residence and have a good credit history
within the past six (6) months with the city Budget billing will not be open for
enrollment during the four (4) months preceding the settlement month, or 12`^ month, of
the budget billing year
(2) The city may accept or deny the request based on the customer's credit history and
circumstances as presented by the customer Upon acceptance of the request, the city
will compute the budget billing amount based on the last twelve (12) months of balling,
and adjusted for any rate changes that would affect the budget balling calculation and as
described in this subsection The customer shall be balled this budget billing amount for
the remaining months after approval of the application On the settlement month, or
twelfth billing month, the city will credit the customer's account for any accumulated
amount in excess of the actual twelve (12) months' consumption If the amount is greater
than two (2) average monthly billings, the customer can request that the amounts be
refunded, if requested prior to the due date of the credit If the amount remaining
represents an amount owed by the customer to the city, the customer shall have until the
due date of the current billing to pay the additional amount due The customer's account
may be reviewed quarterly, and the budget billing amount may be adjusted based upon
the current billings
(3) Monthly balling amount calculation The city will compute the customer's monthly
budget billing amount by totaling the billings for the services for the previous twelve (12)
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months If twelve (12) months of billing history is not available, utility customer service
may estimate the billing based upon the best available information These budget billing
averages can be adjusted to reflect any rate changes that would likely increase or decrease
the average annual billing amount These annual billing amounts will be divided by
eleven (11) to produce estimated usages per month for the next twelve (12) months
(4) The city may provide budget billing for utility services based upon the customer's
length of residence, credit history, and upon information provided by the customer Upon
approval, the customer's written or oral consent shall constitute a legal agreement
between the customer and the city The customer must comply with the terms of this
section, the terms of the agreement, and the budget billing policies of the city
(5) Termination of budget balling services Any late payment (payment received after
the billing due date) of any budget billing which occurs more than twice in a twelve-
month period shall be cause for discontinuation of budget billing Any returned check
will also constitute a reason for termination of this service Unless, the customer agrees
to an approved automated payment, the customer may be removed from the budget
billing program for failure to pay bills in a timely manner Such customer may not re-
qualify for such program until the customer re-establishes at least six (6) months of
qualifying payment history After a second removal from the program, a customer may
not re-qualify for such program until after the expiration of one (1) year and a
consecutive six (6) months of qualifying payment history
ARTICLE II. PRIVATE UTILITY FRANCHISES*
*Charter reference(s)--Franchises, § 13 01 et seq
DIVISION 1. GENERALLY
Sec 26-37. Approval of rates required.
It shall be unlawful for any person exercising or enjoying any public franchise or
privilege within the city to charge or collect for the local service rendered to the public in
the city any higher rate than is now fixed or in existence or being charged therefor,
without first filing application for such increase with the city council and securing
approval thereof
it shall be unlawful for an entity to pass on a utility charge greater than that charged by an
authorized utility provider for an amount greater than the actual amount due or charged
by the provider
DIVISION 2. UNDERGROUND INSTALLATIONS*
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Sec. 26-100. Procedure required in order to install underground distribution
systems
(a) When the developer of an approved subdivision or land development desires to
install an underground electrical distribution system in the subdivision or development,
the developer shall make formal application to the assistant city manager - utilities by
providing all information and drawings of the proposed facilities as required by the
assistant city manager - utilities
(b) The assistant city manager - utilities, upon approval of the application, shall
furnish the developer information as to the routing and sizes of the conduit systems to be
used, including the switch and transformer foundations, pull boxes, etc , which shall be
installed to city specifications by the developer at his sole cost and expense The
developer shall also be responsible for all or part of the cost of additional underground
electrical facilities, which are required or installed, in accordance with the city's
specifications allocating the cost of such facilities
(c) Upon approval and acceptance of the system, the city will install conductors,
transformers, pedestals and switches
Sec. 26-104 High voltage installations.
(a) High voltage installations for underground services in subdivisions shall consist of
a dual feeder service capable of being energized from either end and capable of being
sectionalized and insulated at each transformer location
(b) The main distribution point of each end of the dual feeder shall be protected by line
class arresters, fused disconnects and approved pothead cable terminations
(c) The cables shall have a metal conduit protection at all points where mechanical
damage is likely to occur, and all cables shall conform to all utility department
requirements and specifications regarding such metal conduits, and metal conduits shall
be installed when required by the inspector of underground utilities
(d) All conduit systems shall be buned at a minimum depth of forty-two (42) inches
below finished grade After excavation the first six (6) inches of refill earth shall be of
selected material free of stones and sharp objects The remainder of the refill may be of
the excavated materials
(e) Conduit bends shall not be less than ten (10) times the diameter of the conduit
(f) Terminations within the high voltage chamber of the transformer may be either
stress cones or an approved cable termination
(g) Terminations in weathered locations may be only of an approved cable termination
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(h) Underground high voltage conduits shall contain a bare soft drawn or medium hard
drawn copper cables of the same physical size of the current-carrying cables
(1) Underground high voltage cables shall be of the shielded and grounded 15 KV
approved type and the shields and grounds shall be securely fastened to the ground
network system
0) Sizing of underground high voltage cables shall be done by the city electrical
engineer but in no case shall be smaller than a No 2 AWG size
(k) All underground direct burial shall be under the stnct supervision of the inspector
of underground utilities and shall conform to all utility department requirements and be in
accordance with the plans and specifications previously submitted therefor by the
installer or developer and approved by the assistant city manager - utilities All
underground direct burial of high voltage systems shall be marked aboveground at
locations and in the manner directed by the inspector of underground utilities
ARTICLE IV. WATER AND SEWER SERVICE*
Sec 26-128. Adjustments in bills for losses from hidden water leaks or unknown
causes.
(a) Definitions The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning
Excess usage means the difference in the greatest normal usage of water at a service
location and the actual amount of water metered and billed in the billing month for which
the adjustment is requested at the service location
Greatest normal usage means that amount of water metered at the customer's service
location in the billing month of greatest consumption during the previous twelve (12)
consecutive billing months or, if there is less than twelve (12) prior billing months, the
greatest consumption during any prior billing month, prorated to the number of days in
the billing month for which the adjustment is requested
Hidden water leak means any leak of a water pipe, line or other water conveyance
equipment caused by deterioration, corrosion, natural forces or other similar cause which
is not immediately and reasonably detectable from the surface of the ground
Substantial increase in water usage means an increase in the amount of water metered
and billed at the customer's service location for the billing month for which the
adjustment is requested which is in excess of fifty (50) percent of the greatest normal
usage for that service location
Cross reference(s)--Definitions and rules of construction generally, § 1-2
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(b) Request for adjustment Any customer who is billed for a substantial increase in
water usage during any one (1) billing month due to a hidden water leak or unknown
cause may request and receive an adjustment in the amount billed for water and sewer
usage for that month in accordance with the provisions of this section
(c) Written request Any customer requesting an adjustment pursuant to this section
shall make the request in writing to the customer service department on forms provided
for that purpose A request for an adjustment based upon a hidden water leak shall state
the location and cause of the leak, the date it was discovered and the date of and person
making the repair, with attached copies of repair bills A request for an adjustment based
upon unknown causes shall state that the applicant has no knowledge of the reasons for
such excess usage of water at the service location for which the adjustment is sought All
requests shall be submitted within thirty (30) days of the due date of the monthly bill for
which an adjustment is sought
(d) Adjustment allowed A request for an adjustment in a monthly bill for water and
sewer usage shall be granted if it meets the following conditions
(1) A request, with all required information, is filed within the required time,
(2) The requested adjustment is for a monthly billing in which there was a substantial
increase in water usage resulting from a hidden water leak or unknown cause, and
(3) There has not been an adjustment made in the monthly billing for water and sewer
usage at the same service location within the prior thirteen (13) months under the
provisions of this section
(e) Amount of adjustment If an adjustment is granted under this section, the
customer's account shall be adjusted by billing the customer for the excess usage of water
and sewer at the service location for the month in which the adjustment is granted at a
reduced rate established by the city council and on file in the office of the city secretary
ARTICLE V. DIRECT AND INDIRECT DISCHARGE INTO SANITARY
WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec 26-153. Definitions.
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The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning
Abnormal strength wastewater means any wastewater having a suspended solid, BOD,
COD, chlorine demand or total phosphate concentration in excess of that found in normal
strength wastewater
Act means Public Law 92-500, as amended, 33 U S C § 1251 et seq as enacted by the
United States Congress and known as the Federal Water Pollution Control Act or Clean
Water Act
Approval authority means Region 6 Administrator of United States Environmental
Protection Agency (EPA)
Approved methods means analysts performed in accordance with 40 CFR Part 136,
"Guidelines Establishing Test Procedures for the Analysts of Pollutants under the Clean
Water Act" and amendments, or with any other test procedures approved by EPA
Authorized representative of the users means
(1) If the user is a corporation
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge
of a principal business function, or any other person who performs similar policy or
decision-making functions for the corporation, or
(b) The manager of one or more manufacturing production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales or
expenditures exceeding twenty-five million dollars ($25,000,000 00) (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures
(2) If the user is a partnership or sole proprietorship a general partner or proprietor,
respectively
(3) If the user is a federal, state or local governmental facility a director or highest
official appointed or designated to oversee the operation and performance of the activities
of the government facility, or their designee
(4) The individuals described in paragraphs (1) through (3), above, may designate
another authorized representative if the authorization is in writing, the authorization
specifies the individual or position responsible for the overall operation of the facility
from which the discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted to the City of Denton
BOD means the quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in five (5) days at twenty (20) degrees
Celsius, expressed in milligrams per liter
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Building means any structure used or intended for supporting or sheltering any use or
occupancy
Budding drain means that part of the piping of a building drainage system which receives
the discharge of all soil, waste and other drainage from inside the structure and conveys
the drainage to the building service line outside the foundation wall of such building
Categorical pretreatment standard means any regulation containing pollutant discharge
limits applicable to a specific category of users as promulgated by the EPA in accordance
with section 307(b) and (c) of the Act (33 U S C § 1317) (40 CFR Chapter I, Subchapter
N, Parts 405-471)
Chlorine demand means the difference between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of residual chlorine remaining at the end
of a twenty-minute contact period
COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of
that portion of the organic matter in a sample that is susceptible to oxidation by a strong
chemical oxidant
Committee means the environmental appeals committee
Composite sample means sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples The sample may be composited either as a time
composite sample composed of discrete sample aliquots collected in one container at
constant time intervals providing representative samples irrespective of stream flow, or as
a flow proportional composite sample collected either as a constant sample volume at
time intervals proportional to stream flow, or collected by increasing the volume of each
aliquot as the flow increases while maintaining a constant time interval between the
aliquots
Control authority means the City of Denton acting by and through its assistant city
manager - utilities
Control manhole means an opening giving access to a service line at some point before
the service line discharges to the wastewater system
Cooling water means the water discharged from any system of condensation such as air
conditioning, cooling or refrigeration
Daily maximum limit means the maximum allowable discharge of pollutant during a
calendar day The daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day
Direct discharge means the conveyance of wastewater from a service line uninterrupted
to a city public sewer
Domestic user means a source of the introduction of pollutants into a POTW from any
source not regulated under Section 307(b), (c), or (d) of the Act
14
Dry closet means an indoor room or an outdoor privy used as a toilet, but lacking water
for conveyance of waste
EPA means the United States Environmental Protection Agency or its successor agencies
Assistant city manager - utilities means the chief executive officer of the utilities
department of the city or his authorized deputy, agent or representative
Flow rate means the quantity of wastewater that flows past a particular point in a certain
period of time
Grab sample means a sample which is taken from a wastestream without regard to the
flow in the wastestream and over a period of time not to exceed fifteen (15) minutes
Indirect discharge means the conveyance of wastewater to a public sewer by any means
other than direct discharge
Industrial/commercial user means any non-domestic source discharging pollutants to the
City of Denton POTW which is not a significant industrial user
Industrial/commercial wastewater discharge permit, referred to in this article as
"industrial/commercial discharge permit," means a permit required of a significant
industrial user to deposit or discharge waste into any wastewater system under
jurisdiction of the city
Industrial/commercial wastewater surcharge means a charge, as set forth in this Code,
levied on industrial./commercial users of the sewage treatment works for the additional
costs of treating wastewater discharges of abnormal strength wastewater
Interfere means inhibition or disruption of the wastewater system which contributes to a
violation of any requirement of this article
Interference means a discharge, which alone or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the POTW, its treatment processes or
operations or its sludge processes, use or disposal, and therefore, is a cause of a violation
of the City of Denton's NPDES permit or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory/regulatory provisions or
permits issued thereunder, or any more stringent state or local regulations Section 405 of
the Act, the Solid Waste Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA), any state regulations contained in
any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act, and the Marine
Protection, Research, and Sanctuaries Act
May means that the possibility or likelihood of response exists, discretionary action
mg11 means milligrams per liter
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface
water or groundwater
15
New source means
(1) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under Section 307(c) of the Act which will be applicable
to such source if such standards are thereafter promulgated in accordance with that
section, provided that
(a) The building, structure, facility, or installation is constructed on a site at which no
other source if [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
(u) 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
Normal strength wastewater means wastewater which, when analyzed by the city, shows
by weight a daily average of not more than two thousand eighty-five (2,085) pounds per
million gallons (two hundred fifty (250) milligrams per liter) of suspended solids and two
thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250)
milligrams per liter) of BOD and two thousand eighty-five (2,085) pounds per million
gallons (two hundred fifty (250) milligrams per liter) of COD and not more than seventy-
16
five and one-tenth (75 1) pounds per million gallons (nine (9) milligrams per liter) of
chlorine demand and forty-one and seven-tenths (417) pounds per million gallons (five
(5) milligrams per liter) of phosphorus and which is otherwise acceptable into a public
sewer under the terms of this article
NPDES permit means the National Pollution Discharge Elimination System (NPDES)
permit as issued pursuant to section 402 of the Act (33 U S C 1342)
Objectionable waste means any wastewater that can harm either the sewers, wastewater
treatment process or equipment, have an adverse effect on the receiving stream or
otherwise endanger life, health or property or constitute a nuisance
Pass through means a discharge which exits the POTW into waters of the United States
in quantities or concentrations which, alone or in conjunction with a discharge or
discharges from other sources, is a cause of a violation of any requirement of the City of
Denton's NPDES permit, including an increase in the magnitude or duration of a
violation
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal
entity, or their legal representatives, agents or assigns The masculine gender shall
include the feminine and the singular shall include the plural except as otherwise
indicated by the context
pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of
the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution
Point of discharge means any discernible, confined and discrete conveyance or vessel
from which wastewater may be discharged into a public waterway or public wastewater
system
Polluted water means any water, liquid or gaseous waste containing any of the following
soluble or insoluble substances of an organic or inorganic nature, settleable solids that
may form sludge deposits, grease and oils, floating solids which may cause unsightly
appearance, color, phenols and other substances to an extent which would impart any
taste or odor to the receiving stream, and toxic or poisonous substances in suspension,
colloidal state, solution or gases
POTW (publicly owned treatment works) means a treatment works as defined by Section
212 of the Act through which the City of Denton wastewater is collected, stored, treated,
recycled or reclaimed This definition includes all sanitary sewers that convey
wastewater to the contracted POTW treatment plants For the purposes of this chapter,
"POTW" shall also include any sewers that convey wastewater to the POTW from
persons outside the city who are, by contract or agreement with the city, and users of the
city's wastewater collection system The term also means the municipality as defined in
Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the
discharges from such a treatment works
17
Pretreatment means the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or
in lieu of, introducing such pollutants into the POTW This reduction or alteration can be
obtained by physical, chemical, or biological processes, by process changes, or by other
means, except by diluting the concentration of the pollutants unless allowed by an
applicable pretreatment standard
National Pretreatment Standard or pretreatment standard or standard Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Section
307(b) and (c) of the Act, which applies to users This term includes
(a) Discharge prohibitions and local limits established pursuant to 40 CFR 403 5, and
(b) Categorical Pretreatment Standards established pursuant to 40 CFR 403 6
Privy means an outhouse or similar type small building used as a toilet where wastes are
either buried on site or collected and disposed of elsewhere
Public nuisance means all sewage, human excreta, wastewater, or other organic wastes
deposited, stored, discharged or exposed in such a way as to be a potential instrument or
medium in the transmission of disease to or between any person or persons
Sanitary sewer means a sewer intended to receive domestic wastewater and admissible
industrial/commercial wastewater, but to which stormwater, surface water and
groundwaters are not intentionally admitted
Septic tank means any covered watertight tank not connected to the wastewater system
and which is designed for the treatment of wastewater
Septic systems (on-site sewerage facilities) means a sewage treatment system which
anaerobically treats sewage through the use of septic tanks, subsurface drainfield, and
methods used for the disposal of wastewater other than the disposal systems operated
under a permit issued by the Texas Water Commission
Service line means that part of the horizontal piping of the building drainage system
beginning at the outside foundation wall and terminating at its connection with the
wastewater system
Sewage means water which contains, or which has been in contact with organic and
inorganic contaminants such as human or animal wastes, vegetable matter, cooking fats
and greases, laundry and dishwashing detergents, and other chemical compounds and
waste products
Sewer means a pipe or conduit for carrying wastewater
Sewer system means all facilities which are owned by the city for collecting, carrying,
treating and disposing of wastewater
Shall means the obligation or necessity to respond, mandatory action
18
Significant industrial user means
(a) All users subject to categorical pretreatment standards under 40 CFR 403 6 and 40
CFR Chapter I, Subchapter N,
(b) Any user that
(1) Discharges an average of twenty-five thousand (25,000) gallons or more of
regulated process wastewater into the POTW during a twenty-four-hour period, or
(2) Has a reasonable potential, in the opinion of the assistant city manager - utilities, to
(a) adversely affect POTW operations (Including but not limited to interference, pass
through, sludge contamination or endangerment of POTW workers), or (b) violate any
pretreatment standard or requirement
Significant noncompliance means
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66%) percent or more of all of the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit or the average limit for the
same pollutant parameter,
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-
three (33%) percent or more of all of the measurements for each pollutant parameter
taken during a six-month period equal or exceed the product of the daily maximum limit
or the average limit multiplied by the applicable TRC,
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term
average) that the City of Denton determines has caused, alone or in combination with
other discharges, interference or pass through (including endangering the health of
POTW personnel or the general public),
(4) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW's exercise of its
emergency authority under provisions of the City of Denton Code of Ordinance to halt or
prevent such a discharge,
(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance
schedule milestone contained in a local control mechanism or enforcement order to
starting construction, completing construction, or attaining final compliance,
(6) Failure to provide, within thirty (30) days after the due date, required reports such
as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring
reports, and reports on compliance with compliance schedules,
(7) Failure to accurately report noncompliance,
(8) Any other violation or group of violations which the City of Denton determines
will adversely affect the operation or implementation of the local pretreatment program
19
Slug means any discharge of wastewater concentration of any given constituent or in
quantity of flow for any period longer than fifteen (15) minutes, more than five (5) times
the average twenty-four-hour concentration or flow of normal operations of the user in
question
Slug load means any pollutant discharge at a flow rate or concentration which could
cause a violation of the specific prohibitions under section 26-187 or 40 CFR 403 5(b) to
403 12(f)
Standard industrial classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President of the
United States, Office of Management and Budget, 1972, or latest edition
Standard methods means the latest edition of Standard Methods for the Examination of
Water and Wastewater, prepared and published jointly by the American Public Health
Association, American Water Works Association and the Water Pollution Control
Federation
Storm drain or storm sewer means a public drainage pipe which carries stormwater and
surface waters and drainage, but is not intended to carry wastewater other than unpolluted
cooling water
Stormwater means rainfall or any other form of excess water which is derived from
precipitation
Suspended solids means solids that either float on the surface of or are in suspension in
water, wastewater or other liquids and which are removable by acceptable laboratory
procedures as set forth in standard methods
Total dissolved solids means the material left in the vessel after evaporation of a sample
and its subsequent drying in an oven at a defined temperature
Toxic substance means any substance, whether gaseous, liquid or solid, which, when
discharged to the sanitary sewer in sufficient concentrations, as determined by the
executive assistant city manager - utilities, may be hazardous to sewer maintenance and
personnel, tend to interfere with any wastewater treatment process or to constitute a
hazard to human beings or animals or to inhibit aquatic life or to create a hazard to
recreation in the receiving waters of the effluent from a wastewater treatment plant
Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge
septic tank, cesspool or seepage pit wastes into the wastewater system
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand,
flammable wastes or other harmful substances from wastewater before entering the
wastewater system
User charge means a charge levied on users of the wastewater system for the capital cost,
as well as the operation and maintenance of such works, as set forth in this Code
20
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid
form resulting from domestic, agricultural or industrial activities
Wastewater means the water-carried wastes which are discharged into the wastewater
system
Water closet means a compartment or room equipped with a toilet that is properly
connected to the sanitary sewer and has the means for mechanical discharge
Cross reference(s)--Definitions and rules of construction generally, § 1-2
Sec 26-154. Administration.
Except as otherwise provided, the assistant city manager - utilities shall administer the
provisions of tins article
Sec. 26-155. Procedures for abatement of violations
(a) Notice and order Whenever the assistant city manager - utilities has determined
that any person has violated any provision of this article or that such violation is
continuing, reoccurring or may reoccur, he may, in addition to any other remedy provided
for in this article, issue a notice and order directing that such violation be corrected or
such other order as is necessary to prevent the violation from continuing or reoccurring
Such notice and order shall state
(1) The nature of the violation and the provisions of this article which have been
violated,
(2) The corrective action that must be taken to correct or abate the violation,
(3) The amount of time within which the violation must be corrected,
(4) A statement that the person to whom the notice and order are issued may appeal
from the notice and order to the environmental appeals committee by filing in writing
with the assistant city manager - utilities an appeal and filing fee within ten (10) days of
the service of the notice and order, and
(5) A statement that failure to comply with the notice and order and failure to file a
timely appeal may result in termination of wastewater service
(b) Service of notice and order Any notice and order issued under this article shall be
in writing and served in person or by registered or certified mail on the record user or
users of the wastewater system or other persons determined to be responsible for such
violation
21
(c) Appeals Any person may appeal the notice and order of the assistant city manager -
utilities by filing a written notice of appeal with the assistant city manager - utilities on
forms provided by the director and by paying a filing fee established by the city council
and on file in the office of the city secretary Such notice of appeal shall be filed and
filing fee paid within ten (10) days of service of the order
(d) Termination of service If no timely appeal and filing fee are filed, the assistant city
manager - utilities may, if a violation is continuing or reoccurring or may reoccur,
terminate wastewater service to the person ordered to correct or abate such violation if
such violation has not been corrected or abated within the time specified in such order
(e) Emergency suspension of service
(1) Suspension The assistant city manager - utilities may, without prior notice,
suspend water service, sanitary sewer service and/or storm sewer access to a user or to a
person discharging to the storm sewer when such suspension is necessary in the opinion
of the assistant city manager - utilities to stop an actual or threatened discharge which
(1) Presents or may present imminent substantial danger to the environment or to the
health or welfare of persons,
(n) Presents or may present imminent substantial danger to the POTW, storm sewer or
waters of the state, or
(m) Will cause pass through or interference of the POTW
(2) Notice of suspension As soon as is practicable after the suspension of service, the
assistant city manager - utilities shall notify the user or the person discharging to the
storm sewer of the suspension, and order such person to cease the discharge immediately
(3) Other steps If a person fails to comply with an order issued under subsection (2),
the assistant city manager - utilities shall take such steps as it deems necessary to prevent
or minimize damage to the storm sewer, POTW or waters of the state, or to minimize
danger to persons Such steps may include immediate severance of a person's sanitary
sewer connection
(4) Reinstating service The assistant city manager - utilities shall reinstate suspended
services to the user or to the person discharging to the storm sewer
(1) Upon proof by such person that the non-complying discharge has been eliminated,
(n) Upon payment by such person of its outstanding water, sewer and stormwater
utility charges,
(in) Upon payment by such person of all costs incurred by the city in responding to the
discharge or threatened discharge, and
(iv) Upon payment by such person of all costs incurred by the city in reconnecting
service
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(5) Written statement Within five (5) days of the day of suspension of services, the
user or the person discharging to the stone sewer shall submit to the assistant city
manager - utilities a detailed written statement describing the cause of the discharge and
the measures taken to prevent any future occurrence
(6) Right to hearing A person whose service has been suspended under this section
may apply to the department which suspended service for a hearing on the issue of the
suspension The hearing shall be conducted in accordance with subsection (f) of this
section
(f) Hearing and determination
(1) An environmental appeals committee is hereby established and authorized to hear
and decide appeals from any order issued by the assistant city manager - utilities pursuant
to this article The committee shall be composed of three (3) members appointed by the
city manager No individual appointed to the committee shall be employed in the chain
of command of the assistant city manager - utilities
(2) The committee may call and hold hearings, administer oaths, receive evidence at
the hearing, and make findings of fact and decisions with respect to administering its
powers in this chapter
(3) Upon the hearing, the committee shall determine if there is substantial evidence to
support the assistant city manager - utilities' determination and order The decision of
the committee shall be in writing and contain findings of fact If the committee
determines that there is substantial evidence to support the determination and order of the
assistant city manager - utilities, the committee shall, in addition to its decision, issue an
order
Requiring discontinuance of such violation or condition,
b Requiring compliance with any requirement to correct or prevent any condition or
violation, or
Suspending or revoking any permit issued under this article
(4) In any decision and order issued by the committee, the order shall specify the time
in which the compliance with the order must be taken A copy of the decision and order
shall be delivered to the appellant or person to whom the order is directed in person or
sent to him by registered or certified mail
(5) Should the appellant fail to comply with the order of the committee within the time
specified therein, if any, the assistant city manager - utilities, in addition to any other
remedy provided for in this article, may terminate sewer service to the appellant
Sec. ~6-157. Determining the character and concentration of wastewater
23
(a) The wastewater discharged or deposited into the wastewater system shall be subject
to periodic inspection and sampling as often as may be deemed necessary by the assistant
city manager - utilities Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents upon the wastewater system and
determining the existence of hazards to health, life, limb and property
(1) Except as indicated in section 26-157(a) subsection (2) below, the user must collect
wastewater samples using flow proportional composite collection techniques In the event
flow proportional sampling is infeasible, the assistant city manager - utilities may
authorize the use of time proportional sampling or a minimum of four (4) grab samples
where the user demonstrates that this will provide a representative sample of the effluent
being discharged In addition, grab samples may be required to show compliance with
instantaneous discharge limits
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques
(b) The examination and analyses of the characteristics of waters and wastes required
by this article shall be
(1) Conducted in accordance with Section 304(h) of the Clean Water Act, 40 CFR,
Part 136 and amendments thereto, or any techniques approved by EPA, and
(2) Determined from suitable samples taken at the control manhole provided or other
control points authorized by the city
(c) The determination of the character and concentration of wastewater shall be made
by the assistant city manager - utilities at such times and on such schedules as may be
established by the assistant city manager - utilities
(d) Any person determined to be discharging wastewater in violation of this article
shall compensate the city for the cost of sampling and monitoring the discharges until
such time as the discharged wastewater is in compliance with this article The assistant
city manager - utilities shall determine the number of samples and the frequency of
sampling necessary to maintain surveillance of the discharges
Sec. 26-158. Approval of plans, issuance of permits and certification of final
inspection
(a) Wastewater system work permit required It shall be unlawful for any user of the
wastewater system to construct, reconstruct, modify, enlarge or alter any equipment,
device, machinery, apparatus or facility or system or component thereof which is used or
is intended to be used to treat, process, measure or convey any wastewater which is or
will be discharged into the wastewater system without first obtaining a wastewater
system work permit from the assistant city manager - utilities
(b) Requirements for permit A wastewater system work permit shall be issued when
all plans, drawings and specifications are submitted in such detail as the assistant city
24
manager - utilities may require and the assistant city manager - utilities has determined
that the work to be done will result in adequate treatment, processing, measuring and
conveyance of the wastewater discharged into the wastewater system in accordance with
the provisions of this article
(c) Certificate offinal inspection upon completion
(1) Upon completion of the work to be done under the wastewater system work permit,
the assistant city manager - utilities shall inspect the work and, if done in accordance with
the permit, the executive assistant city manager - utilities shall issue a certificate of final
inspection to the permit holder
(2) If the completed work does not comply with the plans and specifications submitted
for which the permit was issued, the assistant city manager - utilities shall require such
correction as necessary before a certificate of inspection is issued
(3) No person receiving a wastewater system work permit shall utilize or make use of
any equipment, device, machinery, apparatus or facility covered by the permit until a
certificate of final inspection is issued in accordance with this article
(d) Right to inspect No person shall refuse the assistant city manager - utilities the
right to inspect any work done or required to be done under this article
Sec. 26-160. Access to industrial user records.
(a) The assistant city manager - utilities shall have access to, and the right to inspect
and copy, any and all industrial user records (documents, memorandums, reports,
correspondence, and any and all summaries thereof) which pertain to that industry's
discharge to the POTW, disposal and/or generation of hazardous waste and discharges
into the environment
(b) The industrial user shall be required to retain records of all information resulting
from any monitoring, sampling analyses, or reporting activity required by these
regulations for a minimum of five (5) years This period of retention shall be extended
during the course of any unresolved litigation regarding the industrial user or POTW or
when requested by the assistant city manager - utilities
(c) The constituents and characteristics of wastewater discharged by an industrial user
shall not be considered confidential and shall be available to the public without
restriction
Other information obtained from documents, memorandum, reports, correspondence,
questionnaires, permit applications, permits, monitoring programs and inspections shall
be available to the public without restriction unless the user specifically requests, in
writing, at the time the information is to be obtained by the assistant city manager -
utilities, that the information is to be considered confidential Information submitted to
the assistant city manager - utilities by the industrial user shall be stamped "Confidential
25
Information" on each page containing such information that the industrial user wishes to
be held confidential If a claim of confidentiality is asserted, and a records request is
received from the public, the assistant city manager - utilities in consultation with the city
attorney shall determine if such information is protected by law from disclosure under
either the Texas Open Records Act or 40 CFR Part 2 (Public Information) If the
industrial user does not claim the information as confidential at the time the information
is obtained by the assistant city manager - utilities, it will be available to the public
without further notice
(d) All non-domestic users shall furnish, upon request, to the city, information needed
to develop a systematic program according to the pretreatment standards or requirements
The information must be available to the assistant city manager - utilities for inspection
and reproduction
Sec. 26-161. Right of entry
Whenever necessary to make an inspection to enforce any of the provisions of this
chapter, or whenever the assistant city manager - utilities has reasonable cause to believe
that there exists in any vehicle, in any building or upon any premises any condition or
violation of this chapter, the assistant city manager - utilities may enter such vehicle,
building or premises at all reasonable times to inspect the same or to perform any duty
imposed by this chapter If such vehicle, building or premises are occupied, he shall first
present proper credentials and request entry If such vehicle, building or premises is
unoccupied, he shall first make a reasonable effort to locate the owner or other person
having charge or control of the vehicle, building or premises and request entry If such
entry is refused, or if no owner or other person having charge or control of the vehicle,
building or premises can be located, the assistant city manager - utilities shall have
recourse to every remedy provided by law to secure entry
DIVISION 2. SANITARY FACILITIES REQUIRED
Sec. 26-171. Connections required.
(a) Any owner or occupant of every building where such building is within one
hundred (100) feet of any city sanitary sewer and is utilized as a dwelling or residential
unit shall construct or cause to be constructed a suitable water closet upon such property
and shall connect or cause the water closet to be connected with the sanitary sewer in
accordance with all ordinances of the city regulating such construction and shall, within
thirty (30) days after written notice to do so from the assistant city manager - utilities,
abate and cease to use any septic system, dry closet or privy upon such premises
26
(b) Any owner or occupant of every building where such building is within three
hundred (300) feet of any city sanitary sewer and is utilized as a business or commercial
establishment discharging wastewater exceeding the limits established by this article shall
construct or cause to be constructed a suitable water closet upon such property and shall
connect or cause the water closet to be connected with the sanitary sewer in accordance
with all ordinances of the city regulating such construction and shall, within thirty (30)
days after written notice to do so from the assistant city manager - utilities, abate and
cease to use any septic system, dry closet or privy upon such premises
(c) The owner or occupant of any such property shall keep and maintain such water
closet and all connections in good condition and free from any obstructions
Sec 26-177. Abatement of nuisances.
The assistant city manager - utilities shall pursue abatement of all public nuisances
(section 26-153) which occur within the city limits of Denton
DIVISION 3. USE OF PUBLIC SEWERS
Sec. 26-186 Discharge prohibitions.
(a) It shall be unlawful for any person to discharge or cause to be discharged into the
POTW or into a natural outlet materials, waters or wastewater, if such substances may
cause pass through or interference or have an adverse effect on the environment or may
otherwise endanger life, health or property or constitute a public nuisance, including
oxygen-demanding pollutants (BOD, etc ) In determining the acceptability of substances
for discharge into the wastewater system, the assistant city manager - utilities shall give
consideration to such factors as the quantities of subject substances in relation to flows
and velocities in the wastewater system, materials of which the wastewater system is
constructed, nature of the wastewater treatment process, capacity of the wastewater
treatment plant, degree of treatability of the substances in the wastewater treatment plant
and such other factors which may be pertinent to such evaluation
(b) No person shall discharge into public sewers
(1) Any liquids, solids or gases, including but not limited to gasoline, kerosene,
naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides,
chlorates, perchlorates, bromates, carbides, hydrides, sulfides or any other substances
which are a fire or other hazard to the system, which by reason of their nature or quantity
are or may be sufficient either alone or by interaction with other substances to cause fires,
explosions or be injurious in any other way to the facilities or operation of the wastewater
system including wastestreams with a closed-cup flash point of less than one hundred
forty (140) degrees Fahrenheit [sixty (60) degrees Celsius] using the test methods
specified in 40 CFR 261 21
27
(2) Any substance which causes two (2) successive readings on an explosion hazard
meter to be more than five (5) percent or any single reading over ten (10) percent of the
lower explosive limit (LEL) of the meter as measured at the point where the wastewater
is discharged into the wastewater system
(3) Any wastewater having a pH less than five (5), greater than twelve point five (12 5)
or any wastewater having any other corrosive property capable of causing damage or
hazard to the wastewater system or any person
(4) Any wastewater containing toxic substances in sufficient quantity that may, either
singly or by interaction with other substances, injure or cause interference with any
wastewater treatment process, constitute a hazard to humans or animals, create a toxic
effect in the effluent waters of the wastewater system or exceed the limitation set forth in
the categorical pretreatment standards A toxic substance shall include but not be limited
to any substance identified pursuant to Section 307(a) of the Act
(5) Any substance discharged into the wastewater system, such as residues, sludges or
scums, which causes interference with the reclamation process or any substance which
causes the wastewater system to be in noncompliance with sludge use or disposal
guidelines or regulations developed under Section 405 of the Act or any guidelines or
regulations affecting sludge use or disposal promulgated pursuant to the Solid Waste
Disposal Act, the Clean Air Act and the Toxic Substances Control Act, as amended by
the US Congress
(6) Any liquid or vapor having a temperature higher than one hundred fifty (150)
degrees Fahrenheit (sixty-five (65) degrees Celsius) If, in the opinion of the assistant
city manager - utilities, lower temperatures of such wastewater could harm either the
wastewater system, wastewater treatment process, equipment or have an adverse effect
on the receiving stream or could otherwise endanger life, health or property or constitute
a public nuisance, then the assistant city manager - utilities may prohibit such discharges
In no case wastewater which causes the temperature at the introduction into the treatment
plant to exceed one hundred four (104) degrees Fahrenheit forty (40) degrees Celsius
(7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in
excess of two hundred (200) mg/I or containing substances which may solidify or become
viscous at temperatures between thirty-two (32) degrees Fahrenheit [zero (0) degrees
Celsius] and one hundred fifty (150) degrees Fahrenheit [sixty-five (65) degrees Celsius]
and which might cause obstruction of flow in the POTW resulting in interference
(8) The assistant city manager - utilities may reject any waste which does not meet the
requirements of this ordinance The assistant city manager - utilities may require any
information from an industrial user necessary to determine the characteristics of the user's
wastewater discharge prior to the commencement of such discharge to the POTW The
assistant city manager - utilities may deny or condition new, increased or changed
contributions
(9) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in
amounts that will cause interference or pass through
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(10) Trucked or hauled pollutants, except at discharge points designated by the
assistant city manager - utilities
Sec 26-187 Specific pollutant limitations
it shall be unlawful for any person to discharge into the wastewater system, unless such
discharge is allowed under the provisions of section 26-208, any of the following
(1) Any wastewater containing hazardous metals to such degree that any such material
received at the point of discharge into the wastewater system exceeds the limits
established below
Daily Maximum
Pollutants
Discharge Limits (mg/1)
Composite Values
Arsenic 0 35
Cadmium 0 10
Chromium 1 75
Copper 1 35
Cyanide 0 93
Lead 1 08
Mercury 00087
Nickel 1 10
Silver 0 17
Zinc 1 96
All concentrations for pollutants are for "total" values unless otherwise indicated
(2) Other metals not listed in subsection (1) of this section which will, in the opinion of
the assistant city manager - utilities, damage the wastewater system or interfere with the
treatment process,
(3) Toxic organics found in quantifiable concentration greater than 0 01 mg/l (10 ppb)
shall not total more than 2 13 mg/l for any discharge Any organic compound considered
29
toxic by the assistant city manager - utilities and reasonably expected to be found in the
industrial user's discharge may be included in the calculations of total toxic organics if
detected in any industry's discharge in quantifiable concentration greater than 0 01 mg/1,
(4) Any radioactive wastes or isotopes into the public wastewater system without
permission of the city,
(5) Quantities of flow, concentrations or both which constitute a slug,
(6) Materials or substances which cause
a Concentrations of suspended solids or BOD in excess of two hundred fifty (250)
mg/l,
b Concentrations of phosphorous exceeding five (5) mg/l,
c Discolorations, such as but not limited to dye waters and vegetable tanning solution
(7) National categorical pretreatment standards The categorical pretreatment
standards found at 40 CFR Chapter I, Subchapter N, Part 433, Metal Finishing Category,
are hereby incorporated
Sec 26-188. Discharge of waters not containing wastewater
(a) It shall be unlawful for any person to discharge unpolluted waters into the
wastewater system Except with the approval of the assistant city manager - utilities or as
otherwise provided in this article, no stormwater connection from any building or yard
nor any drain from any catchbasm, lake, swamp, or pond nor any outlet for surface water,
stormwater or groundwater of any kind shall be connected to the wastewater system
(b) Within any area served by a separate sanitary sewer and a storm sewer, no
stormwater shall be allowed to enter the sanitary sewer from waste or vent pipes of any
building Within any such area no downspout, roof leaders, gutters, other pipes or drains
such as channels which may at any time carry stormwater, surface drainage derived from
hydraulic pressure or from well points or lake water shall be connected with any sanitary
sewer
Sec. 26-189. Discharge to a natural outlet.
It shall be unlawful for any person to discharge polluted water to any storm sewer or
natural outlet within the area served by the city, except where suitable treatment has been
provided in accordance with the provisions of this article and except where a Federal
National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued
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and is currently valid for such discharge A valid copy of such a permit and any
modifications thereof must be filed with the assistant city manager - utilities
Sec 26-190. Wastewater discharges requiring traps
All persons discharging oil, grease, and flammable wastes or other harmful substances in
amounts that, in the opinion of the assistant city manager - utilities, will impede or stop
the flow in the wastewater system shall install a trap before the point of discharge into the
wastewater system Any person responsible for discharges requiring a trap shall, at his
own expense and as required by the city
(1) Provide equipment and facilities of a type and capacity approved by the city,
(2) Locate the trap in a manner that provides ready and easy accessibility for cleaning
and inspection, and
(3) Maintain the trap in effective operating condition
Sec. 26-191. Wastewater discharge from transport trucks.
(a) Permit required All persons owning or operating a vacuum truck, cesspool pump
truck, liquid wastewater transport truck or other vehicle shall not discharge or unload any
septic tank, seepage pit, interceptor or cesspool contents from such vehicle without first
having received a valid transport truck discharge (TTD) permit
(b) Permit fee TTD permits shall be issued by the assistant city manager - utilities
upon proper application and payment of a fee established by the city council and on file
in the office of the city secretary All TTD permits shall be valid for one (1) year
(c) Unloading or discharge of waste or wastewater It shall be unlawful for any person
holding a TTD permit to unload or discharge any waste or wastewater except in a manner
and at a place as specified by the assistant city manager - utilities Before discharging
under a TTD permit, the assistant city manager - utilities may require the person holding
such permit to furnish a sample of the contents of the material to be discharged as a
prerequisite to discharging into the wastewater system The assistant city manager -
utilities may refuse permission to discharge abnormal strength wastewater into the
wastewater system
(d) Rates for discharge Any person discharging or unloading normal strength
wastewater under a TTD permit into the wastewater system shall be charged at the
regular commercial sewer rates Any person discharging abnormal strength wastewater
under a TTD permit into the wastewater system shall be charged an
industrial/commercial surcharge rate
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DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE
Sec 26-201. Permit--Required.
(a) It shall be unlawful for any significant industrial user to connect to the wastewater
system or to discharge wastewater to the wastewater system without first obtaining an
industrial/commercial wastewater discharge permit from the assistant city manager -
utilities
(b) All significant industrial users discharging wastewater directly or indirectly into the
wastewater system prior to the effective date of the ordinance from which this article is
derived may continue that discharge one hundred eighty (180) days after such effective
date Prior to the expiration of the one-hundred-eighty-day period, the sigmficant
industrial user shall apply for an industrial/commercial wastewater discharge permit from
the assistant city manager - utilities
Cross reference(s)--Licenses, permits and business regulations generally, Ch 16
Sec. 26-202 Same--Procedure for obtaining.
(a) Application Significant industrial users required to obtain an
mdustnal/commercial wastewater discharge permit shall complete and file with the city
an application in the form prescribed by the city and accompanied by a fee established by
the city council and on file in the office of the city secretary New significant industrial
users shall apply at least ninety (90) days prior to connecting to or contributing to the
wastewater system for an industrial/commercial wastewater discharge permit In support
of the application, the significant industrial user shall submit the following information
(1) All information required by (f)(1) of this section
(2) Name, address, and location, if different from the address,
(3) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget, 1972, as amended,
(4) Wastewater constituents and characteristics, including but not limited to those
mentioned in this article as determined by a reliable analytical laboratory, sampling and
analysis shall be performed in accordance with procedures established by the EPA
pursuant to the Act and contained in 40 CFR, Part 136, as amended,
(5) Time and duration of contribution,
(6) Average daily wastewater flow rates, including daily, monthly and seasonal
variations, if any,
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(7) Site plans, floor plans, mechanical and plumbing plans and details to show all
service lines, sewer connections and appurtenances by size, location and elevation,
(8) Description of activities, facilities and plant processes on the premises, including
all materials which are or could be discharged,
(9) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any city law or regulation or by the state or categorical pretreatment
standards and a statement regarding whether or not the pretreatment standards are being
met on a consistent basis,
(10) If additional pretreatment and/or operation and maintenance will be required to
meet the categorical pretreatment standards, the shortest schedule by which the
significant industrial user will provide such additional pretreatment The completion date
in this schedule shall not be later than the compliance date established for the applicable
categorical pretreatment standard The following conditions shall apply to this schedule
a The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the significant industrial user to meet the
applicable categorical pretreatment standards, e g, hiring an engineer, completing
preliminary plans, completing final plans, executing contract for mayor components,
commencing construction, etc
b No increment referred to in subsection (a)(10)a of this section shall exceed nine (9)
months
c Not later than fourteen (14) days following each date in the schedule and the final
date for compliance, the significant industrial user shall submit a progress report to the
assistant city manager - utilities including, as a minimum, whether or not it complied with
the increment of progress to be met on such date and, if not, the date on which it expects
to comply with this increment of progress, the reason for delay and the steps being taken
by the significant industrial user to return the construction to the schedule established In
no event shall more than nine (9) months elapse between such progress reports to the
assistant city manager - utilities
(11) Each product produced by type, amount, process or processes and rate of
production,
(12) Type and amount of raw materials processed, average and maximum per day,
(13) Number and type of employees and hours of operation of the plant and proposed
or actual hours of operation of the pretreatment system,
(14) Any other information as may be deemed by the city to be necessary to evaluate
the permit application
(b) Modifications Within nine (9) months of the promulgation of a categorical
pretreatment standard, the industrial/commercial wastewater discharge permit of
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significant industrial users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribed by such standard
Where a significant industrial user subject to a categorical pretreatment standard has not
previously submitted an application for an mdustnal/commercial wastewater discharge
permit, the significant industrial user shall apply for an industnal/commercial wastewater
discharge permit within one hundred eighty (180) days after the promulgation of the
applicable categorical pretreatment standard In addition, the significant
industrial/commercial user with an existing mdustnal/commercl4l wastewater discharge
permit shall submit to the assistant city manager - utilities, within one hundred eighty
(180) days after the promulgation of an applicable categorical pretreatment standard, the
information required by subsections (a)(8) and (a)(9) of this section
(c) Conditions Industrial/commercial wastewater discharge permits shall be expressly
subject to all provisions of this article and all other applicable regulations, significant
industrial user charges and fees established by this Code Permits shall contain the
following
(1) The unit charge or schedule of significant industrial user charges and fees for the
wastewater to be discharged to the wastewater system,
(2) Limits on the average and maximum wastewater constituents and characteristics,
(3) Limits on average and maximum rate and time of discharge or requirements for
flow regulations and equalization,
(4) Requirements for installation and maintenance of inspection and sampling
facilities,
(5) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting schedule,
(6) Compliance schedules,
(7) Requirements for submission of technical reports or discharge reports,
(8) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the city and affording city access thereto,
(9) Requirements for notification of the city of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater system,
(10) Requirements for notification of slug discharges,
(11) Other conditions as deemed appropriate by the city to ensure compliance with this
article and requirements of 40 CFR 403 8(f)
(d) Duration Permits shall be issued for a specified time period not to exceed three (3)
years A permit may be issued for a period less than one (1) year or may be stated to
expire on a specified date The significant industrial user shall apply for permit
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reissuance a mmimum of sixty (60) days prior to the expiration of the significant
industrial user's existing permit The terms and conditions of the permit may be subject
to modification by the city during the term of the permit The significant industrial user
shall be informed of any proposed changes in his permit at least thirty (30) days prior to
the effective date of change
(e) Transfer Industnal/commercial wastewater discharge permits are issued to a
specified significant industrial user for a specific operation An industrial/commercial
wastewater discharge permit shall not be reassigned or transferred or sold to a new
owner, new user, different prenuses or a new or changed operation without the approval
of the assistant city manager - utilities Any succeeding owner or significant industrial
user shall also comply with the terms and conditions of the existing permit
(f) Reporting requirements for permittee The permittee shall submit the following
reports
(1) All significant industrial users, including new sources, that are subject to
categorical pretreatment standards must submit baseline monitoring reports (BMRs) to
the assistant city manager - utilities in accordance with 40 CFR 403 12(b)
a Identifying information The name and address of the facility, including the name of
the operator and owner
b Environmental permits A list of any environmental control permits held by or for
the facility
c Description of operations A brief description of the nature, average rate of
production, and standard industrial classifications of the operation(s) carried out by such
user This description should include a schematic process diagram which indicates points
of discharge to the POTW from the regulated processes
d Flow measurement Information showing the measured average daily and maximum
daily flow, in gallons per day, to the POTW from regulated process streams and other
streams, as necessary to allow use of the combined wastestream formula set out in 40
CFR 403 6(e)
e Measurement of pollutants
1 The categorical pretreatment standards applicable to each regulated process
2 The results of sampling and analysis identifying the nature and concentration, and/or
mass, where required by the standard or by assistant city manager - utilities of regulated
pollutants in the discharge from each regulated process Instantaneous, daily maximum,
and long-term average concentrations or mass, where required, shall be reported The
sample shall be representative of daily operations and shall be analyzed in accordance
with procedures set out in section 26-157(b) of this article
3 Sampling must be performed in accordance with procedures set out in section 26-
157(a)(1) and (2) of this ordinance
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f Certification A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards are being
met on a consistent basis, and, if not, whether additional operation and maintenance
(O&M) and/or additional pretreatment is required to meet the pretreatment standards and
requirements
g Compliance schedule If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the user will provide
such additional pretreatment and/or O&M The completion date in this schedule shall not
be later than the compliance date established for the applicable pretreatment standard A
compliance schedule shall contain
1 Progress increments in the form of dates for the commencement and completion of
major events 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, luring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing construction and beginning
and conducting routine operations),
2 No increments referred to above shall exceed nine (9) months,
3 The user shall submit a progress report to the assistant city manager - utilities no
later than fourteen (14) days following each date in the schedule and the final date of
compliance including, as a minimum, whether or not it complied with the increment of
progress, the reason for any delay, and, if appropriate, the steps being taken by the user to
return to the established schedule, and
4 In no event shall more than nine (9) months elapse between such progress report to
the assistant city manager - utilities
h $ignature and certification All baseline monitoring reports must be signed and
certified in accordance with section 26-202(f)(14) of this article
(2) Within ninety (90) days following the commencement of the contribution of
wastewater into the POTW, any significant industrial user classified as a regulated
categorical standard industry, and therefore subject to Federal Categorical Pretreatment
Standards, shall submit to the assistant city manager - utilities a ninety-day compliance
report in accordance with 40 CFR 403 12(d)
(3) Sigmficant industrial users not classified as categorical standard industries may, at
the discretion of the assistant city manager - utilities, be required to submit a baseline
monitoring report and/or a ninety-day compliance report
(4) Regulated categorical standard industries subject to a pretreatment standard, after
the compliance date of such pretreatment standard or, in the case of new sources, after
commencement of the discharge to the POTW, shall submit a semi-annual compliance
report to the assistant city manager - utilities in accordance with 40 CFR 403 12(e)
36
(5) Significant non-categoncal industrial users may be required to submit a semi-
annual compliance report to the assistant city manager - utilities in accordance with 40
CFR 403 12(h)
(6) Semi-annual compliance reports required under subsection (f)(4) and (5) of this
section shall be based on sampling and analytical data collected during the period
covered by the report by both the assistant city manager - utilities and the industrial user
if self-monrtonng is performed Sampling and analytical data shall be representative of
the conditions occurring during the reporting period
(7) Categorical standard industries shall perform self-monitonng sampling and analysis
of the regulated process wastestream at a frequency stipulated by the wastewater
discharge permit
(8) Categorical standards and non-categoncal significant industrial users may be
required to perform self-monitoring on wastestreams, should the assistant city manager -
utilities deem it necessary
(9) Self-momtonng samples shall be collected, preserved and analyzed in accordance
with approved methods
(10) For each self-monitoring samples, the industrial user shall submit an industrial
self-monitoring sampling report which shall include
a The date, exact place, sampling method, preservation method, times of sampling and
the name(s) of the person(s) taking the samples,
The dates the analyses were performed,
The analytical techniques/method used, and
d The results of the analyses
(11) For categorical standard industries, at least once during each semi-annual
compliance reporting period, self-monitoring samples shall be analyzed for all federally
regulated parameters
(12) If self-monitonng indicates a violation, the industrial user shall notify the assistant
city manager - utilities within twenty-four (24) hours of receiving the results The
industrial user shall also repeat the sampling and analysis and submit the results of the
repeat analysis within thirty (30) days after becoming aware of the violation For
industrial users required to self-momtor each month, the next month's self-monitoring
may be used as the repeat sampling so long as the sample is analyzed for the violating
parameter and the thirty-day submission deadline is observed
(13) All compliance reports, self-monrtonng sampling reports and applications for
industrial/commercial wastewater discharge permits must be signed by an authorized
official of the industrial user in accordance with 40 CFR Part 403 12(1) The authorized
official may designate a representative, in writing, to the assistant city manager - utilities
The authorization must specify either an individual or a position having responsibility for
37
the overall operation of the facility from which the industrial discharge originates, or
having overall responsibility for environmental matters for the industrial user If the
authorization becomes invalid because of changes in responsibilities or personnel, a new
written authorization must be submitted to the assistant city manager - utilities prior to or
along with any report being signed and submitted by the new representative
(14) All compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must include the statement
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervised in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted Based on my
inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate and complete I am aware that there are significant
penalties for submitting false information including the possibility of fine and
imprisonment "
(15) All industrial users shall notify the POTW immediately of all discharges that
could cause problems to the POTW, including any slug loadings by the industrial user
(16) An industrial user shall notify the assistant city manager - utilities, the EPA
Regional Waste Management Division director, and the state hazardous waste authorities,
in writing, of any discharge into the POTW of a substance, which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261, in accordance with 40 CFR
403 12(p)
(17) The reports and other documents required to be submitted or maintained under
this section shall be subject to
a The provisions of 18 U S C Section 1001 relating to fraud and false statements,
b The provisions of Sections 309(c)(4) of the Act, as amended, governing false
statements, representation, or certification,
c The provisions of Section 309(c)(6) of the Act regarding responsible corporate
offices, and
d The applicable provisions of this ordinance
Sec. 26-203. Same--Suspension or revocation
(a) Permit not a vested right A permit issued under this article does not become a
vested right to the person holding the permit
(b) Grounds for suspension or revocation A permit issued under this article maybe
revoked or suspended upon any of the following grounds
38
(1) The per ittee has or is violating one (1) or more provisions of tlus article,
(2) The permittee has failed or is failing to comply with one (1) or more conditions of a
permit,
(3) There is a change in conditions which requires elimination or modification of the
discharge covered by a permit,
(4) Revocation or suspension is necessary in order to prevent harm or damage to the
wastewater system or treatment process or is necessary to protect the health or welfare of
persons, animals or property,
(5) The permit was obtained by misrepresentation or failure to disclose all relevant
facts
(c) Procedure for suspension or revocation The assistant city manager - utilities may
issue an order suspending or revoking a permit issued under this article upon the grounds
specified in this article Such order shall state the grounds therefor and shall be served
upon the permittee in person or by certified or registered marl Such order of suspension
or revocation shall become effective after five (5) days from the date of service, unless
the permittee within such five-day period files an appeal and filing fee in accordance with
section 26-155 of this article
(d) Procedure for appeals from order of revocation or suspension Appeals from the
order of the assistant city manager - utilities suspending or revoking a permit shall be
processed and heard in accordance with procedures for other appeals as set forth in
section 26-155
Sec 26-204 Same--Effect of suspension or revocation.
Any penmittee who receives an order from the assistant city manager - utilities revoking
or suspending a permit required under this article shall discontinue any discharge covered
by the permit after five (5) days from notice of such order, unless within such five-day
period the permittee appeals such order to the environmental appeals committee Any
permittee who has been notified by the assistant city manager - utilities of a suspension or
revocation of a permit and does not timely appeal such order or any permittee who has
been notified of the order of the committee, after a hearing, of the revocation or
suspension of a permit and who continues a discharge covered by a permit after the
effective date of the revocation or suspension of the permit may have sewer service
terminated by the executive assistant city manager - utilities
Sec. 26-205. Same--Reinstatement of suspended or revoked permit
39
(a) The assistant city manager - utilities shall reinstate a suspended
industrial/commercial discharge permit upon satisfactory proof to the assistant city
manager - utilities of corrective action of the permittee of the conditions or discharge for
which the permit was suspended
(b) A user whose industrial/commercial 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. 26-206. Pretreatment of industrial wastewater.
Significant industrial users shall provide necessary wastewater treatment as required to
comply with this article and the categorical pretreatment regulations Any facilities
required to pretreat wastewater to a level acceptable to the assistant city manager -
utilities shall be provided, operated and maintained at the user's expense Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the
assistant city manager - utilities for review before construction of such facilities The
review of such plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an effluent acceptable to
the assistant city manager - utilities under the provisions of this article Any subsequent
changes in the pretreatment facilities or method of operation shall be reported to and be
acceptable to the city prior to the user's initiation of the changes All records relating to
compliance with the categorical pretreatment standards shall be made available to
officials of the Environmental Protection Agency or city upon request
Sec. 26-207. Control manhole.
As a prerequisite to receiving an mdustnal/commercial wastewater discharge permit, the
assistant city manager - utilities may, when necessary to monitor wastewater discharged
into the wastewater system, require a significant industrial user to install a suitable
control manhole together with such meters, equipment and appurtenances as deemed
necessary by the assistant city manager - utilities in order to adequately sample and
measure such wastewater All required control manholes shall be located so as to permit
unrestricted access by the assistant city manager - utilities
ARTICLE VI. IMPACT FEES
Sec. 26-227. Refunds.
40
(a) Any impact fee or portion thereof collected pursuant to this article which has not
been expended within ten (10) years from the date of payment, shall be refunded, upon
application, to the record owner of the property at the time the refund is paid, or, if the
impact fee was paid by another governmental entity, to such governmental entity,
together with interest calculated from the date of collection to the date of refund at the
statutory rate as set forth in Vernon's Ann Civ St title 79, art 1C 002, or any successor
statute
(b) Upon completion of all the capital improvements or facilities expansions identified
in the impact fee capital improvements plan upon which the fee was based, the city shall
recalculate the maximum impact fee per service unit using the actual costs for the
improvements or expansions If the maximum impact fee per service unit based on actual
cost is less than the impact fee per service unit paid, the city shall refund the difference if
such difference exceeds the impact fee paid by more than ten (10) percent The refund to
the record owner or governmental entity shall be calculated by multiplying such
difference by the number of service units for the development for which the fee was paid,
and interest due shall be calculated upon that amount
(c) Upon the request of an owner of the property on which an impact fee has been paid,
the city shall refund such fees if
(1) Existing service is available and service is denied, or
(2) Service was not available when the fee was collected and the city has failed to
commence construction of facilities to provide service within two (2) years of fee
payment, or
(3) Service was not available when the fee was collected and has not subsequently
been }Wade available within a reasonable period of time considering the type of capital
improvement or facility expansion to be constructed, but in any event no later than five
(5) years from the date of the payment
(d) The city shall refund an appropriate proportion of impact fee payments in the event
that a previously purchased but umnstalled water meter for which the impact fee has been
paid is replaced with a smaller meter, based on the per service unit differential of the two
(2) meter sizes and the fee per service unit at the time of the original fee payment
(e) A petition for refund under this section shall be submitted to the director on a form
provided by the city for such purpose Within one (1) month of the date of receipt of a
petition for refund, the director must provide the petitioner, in writing, with a decision on
the refund request, including the reasons for the decision If a refund is due to the
petitioner, the director shall notify the assistant city manager of finance and request that a
refund payment be made to the petitioner
Sec 26-233. Water conservation and drought contingency plans
41
(a) Adoption of plans The water conservation and drought contingency plans of the
city dated January 1, 2000, which are attached hereto are hereby adopted by reference
and made a part of this Code of Ordinances for all purposes as if fully set forth herein
(b) Surcharges In addition to the penalties set forth in section 26-234 below, the
surcharge penalties of twenty (20) percent for commercial, industrial, and residential
customers may be imposed in accordance with the drought contingency plan
(c) Authority The city manager and assistant city manager for utilities are authorized
to implement measures prescribed and required by this section and by the water
conservation and drought contingency plans approved by the city council The assistant
city manager for utilities is authorized to enforce the measures implemented and to
promulgate regulations not in conflict with this section or state and federal laws in the aid
of enforcement
(d) Implementation of emergency order The assistant city manager for utilities, upon
determination that the conditions for a water emergency exist, may take the actions
indicated under the drought contingency plan, and shall advise the city manager The
city manager may order that the appropriate state of emergency response, as detailed in
the plan, be implemented To be effective, the order must be
(1) Made by public announcement via electronic media, and
(2) published in a newspaper of general circulation of the city within twenty-four (24)
hours after the public announcement, which order becomes effective immediately upon
publication
(e) Duration of the order, change, extension All initiated actions will remain in
effect until the conditions that triggered the order have been eliminated or as otherwise
provided in the Drought Contingency Plan Upon recommendation of the assistant city
manager for utilities, the city manager may terminate, upgrade, or downgrade the state of
emergency in accordance with the requirements of the drought contingency plan Any
change in the order must be made in the same manner prescribed in subsection (d) for
implementing an emergency order
(f) Wholesale service to customers outside the city The assistant city manager for
utilities shall notify customers receiving wholesale water service from the city when any
stage of the drought contingency plan has been initiated or terminated in case of pro rata
water allocations The assistant city manager for utilities may restrict service to
customers outside the city as permitted under contract and state law
(g) Authority under other laws Nothing in this section shall be construed to limit the
authority of the mayor, the city council, or the city manager to take emergency action or
to seek emergency relief under Chapter 9 'Emergency Management' or under the
provisions of any applicable state or federal laws
Sec 26-234 Criminal and civil penalties.
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(a) A person commits an offense if he or she knowingly makes, causes, or permits a
use of water contrary to the measures implemented in the Drought Contingency Plan
("plan") For the purposes of this section, it is presumed that a person has knowingly
made, caused, or permitted a use of water contrary to the measures implemented if the
mandatory measures have been implemented according to the plan and any one of the
following conditions apply
(1) The plan prohibits the manner of use
(2) The amount of water used exceeds the amount allowed by the plan
(3) The amount of use or the amount used violates the terms and conditions of a
compliance agreement following a variance granted by the assistant city manager for
utilities
(b) The following penalty shall apply during stages 3 and 4 of the plan any person
who violates any provision of this article shall, upon conviction, be punished by a fine
not to exceed two thousand dollars ($2,000 00) Each day that one or more provisions in
this plan is violated shall be considered to be a separate offense
(c) The city attorney is authorized to commence an action for appropriate legal or
equitable relief in a court of competent jurisdiction in addition to the penalty mentioned
in the above subsection (b) Such additional relief may include
(1) An injunction to prevent a violation of this chapter,
(2) Recovery for expenses incurred by the city in responding to a violation of this
chapter,
(3) A civil fine of up to one thousand dollars ($1,000 00) per day for violations of
section 26-233 and the plan attached hereto,
(4) All other damages, costs, and remedies to which the city may be entitled
SECTION 2 That if any section, subsection, paragraph, sentence, clause, phrase,
or word in this ordinance, or application thereof to any person or circumstances is held
invalid by any court of competent jurisdiction, such holding shall not effect the validity
of the remaining portions of this ordinance, and the City Council of the City of Denton,
Texas hereby declares it would have enacted such remaining portions despite any
invalidity
SECTION 3 That save and except as amended hereby, all the provisions,
sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of
Ordinances shall remain in full force and effect
SECTION 4 That any person found guilty of violating Section 26-233 and/or
Section 26-234 of this ordinance by a court of competent jurisdiction shall be fined a sum
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not to exceed two thousand dollars ($2,000) per day Each day that a provision of this
ordinance is violated shall constitute a separate offense
SECTION 5 That Sections 26-233 and 26-234 of this ordinance providing for a
penalty 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-Chromcle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage
SECTION 6 That the issues of interest on delinquent utility accounts and of
penalty or late charges pertaining to utility accounts in the City of Denton, Texas shall be
taken up and re-considered by the City Council within sixty (60) days following March
31, 2002, after the collection of monies provisions covered by this ordinance have been in
force and effect for a period of six (6) months
SECTION 7 That all the remaining parts of this ordinance shall be effective
from and after October 1, 2001, and a copy of said rates, fees, and charges shall be
maintained on file in the Office of the City Secretary,
PASSED AND APPROVED this the ~ day of /f , 2001
&"Ci- -
EULINE BROCK, MAYOR
ATTESTED
JENNIFER WALTERS, CITY SECRETARY
By d
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By AAQ
S \Our Documents\Ordmances\01\Chapter 26 Ordinance Rvsn #4-Council MSC 042401 doc
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