HomeMy WebLinkAbout93-2956Wsstewate~
ORDINANCE NO. 93-2956
AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS
AMENDING AND MAKING ADDITIONS TO CHAPTER 24,
UTILITIES, OF THE PLAINVIE~ CODE OF ORDINANCES
TO PROVIDE FOR THE REGULATION OF WATER
CONTRIBUTED TO THE WASTEWATt~R DISPOSAL SYSTEM
TO PREVENT THE INTRODUCTION OF INADEQUATELY
TREATED WASTEWATER INTO THE SYSTEM;
CUMUI~T~ENESS CLAUSE; SEVERABILITY CLAUSE;
CONFLICTS CLAUSE; EFFECTIVE DATE'.
WHEREAS, the City Council of the City of Plainview recognizes a need to
prevent the introduction of pollutants into the wastewater disposal system, whether
it be inadequately treated or otherwise incompatible with the system; and
WHEREAS, the City Council finds it to be in the best interest of the public
health and safety of the citizens to enact regulations governing wastewater
contributors;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Plainview, Texas that:
SECTION I. AMENDMENTS.
The following sections of Chapter 24, Utilities, of the Plainview Code of Ordinances
be amended to include the following:
Sec. 24-91. Definitions.
Unless the context specifically indicates otherwise, the meaning of the terms
used in this article shall be as follows:
Act: The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
Approved meterin~ device: A metering device approved by the City Manager
or his/her designee.
Authorized representative of industrial user: An authorized representative
of an industrial user may be:
1. A principal executive officer of at least the level of vice-president, if the
industrial user is a corporation;
2. A general partner or proprietor if the industrial user is a partnership or
proprietorship, respectively;
3. A duly authorized representative of the individual designated above if
such representative is responsible for the overall operation of the facilities
from which the indirect discharge originates.
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Boiler blow-down: The discharge of waters or wastes from a boiler.
Categorical standards:
pretreatment standard.
National categorical pretreatment standards or
Cesspool: A covered pit into which raw sewage is discharged for final disposal
by leaching into the porous soil.
City: The City ofPlalnview, a home rule municipality in the State of Texas.
City Manager: The person designated by the City to suPervise the operation
of the publicly owned wasteWater collection and treatment works and who is charged
with certain duties and responsibilities by this chapter, or his]her designee(s).
Commercial: Establishments which primarily discharge domestic wastes, but
are not limited to such wastes.
Control authority: The City Manager for the City of Plalnview, Texas or
his/her designee.
Cooling water: The water discharged from any use such as ai~ conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
Direct discharge: The discharge of treated or untreated wastewater directly
to the waters of the State of Texas.
Domestic wastewater: The wastewater normally discharging into the sanitary
conveniences of dwellings (including apartment houses and hotels), office buildings,
factories and institutions, free of stormwater, free of extraneous nonpoliuted water,
and free of industrial waste.
Environmental Protection Agency or EPA: The United States Environmental
Protection Agency, or where appropriate the term may also be used as a designation
for other duly authorized official of said agency.
Garbage: Solid wastes and residue fr°m the preparation, cooking, and
dispensing of food that have been shredded 'to such degree that all particles will be
carried freely under the flow conditions normally prevailing in public sewers, with
1 ,, in
no particle greater than one-quarter inch (7) any dimension.
Grab sample: A sample which is taken from a waste strea,n on a one-time basis
with no regard to flow in the waste stream and without consideration of time.
Grease: Any material recovered as a substance soluble in
trichlorotrifluorethane including biological and mineral hydrocarbons, such as, but
not limited to, thick oils, viscous lubricants, fats, etc.
Holding tank waste: Any waste from holding tanks; receptacles in boats,
chemical toilets, campers, trailers, etc.; and/or any wastes from septic tanks, and
vacuum-pump tank trucks.
Indirect discharge: The discharge or the introduction of nondomestic
pollutants from any source regulated under § 307(b) or (c) of the Act, (33 U. S. C.
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1317), into the Wastewater Disposal System (including holding tank waste discharged
into the system).
Industrial: Establishments that produce industrial waste.
Industrial user: Any industry that discharges industrial processing
wastewater, including sanitary wastewater, into the City of Plainview's Wastewater
Disposal System.
Industrial waste: Any water-borne solid, liquid, or gaseous waste resulting
from any commercial, industrial, manufacturing or food processing operation or from
the development of any natural resource or any mixture of these with water or
domestic sewage as distinct from normal domestic sewage.
Insloector: Any authorized agent or representative of the City.
Interference: The inhibition or disruption of the Wastewater Disposal System
treatment processes or operations which contributes to a violation of any requirement
of the City's state or federal discharge permits. The term includes prevention of
sewage sludge use or disposal by the Wastewater Disposal System in accordance with
§ 405 of the Act or any criteria, guidelines, or regulations developed pursuant to the
Solid Waste Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control
Act, or more stringent state criteria (including those contained in any state sludge
management plan prepare pursuant to Title IV of SWDA) application to the method
of disposal or use employed by the Wastewater Disposal System.
Land application site: The designated site for land application disposal of
effluent from the City's Wastewater Disposal System.
May: term denoting permissiveness.
Multi-family dwelling units: Two (2) or more dwelling units on a single lot or
tract, whether in one (1) building or more than one (1) building or structure
including a mobile home or homes located on a single lot or tract of land irrespective
of the fact that water service for each may or may not be one (1) meter or all on the
same meter. This definition also applies to multifamily dwelling units with a private
water supplier if connected to the City's Wastewater Disposal System.
National categorical pretreatment or pretreatment standard: Any regulation
containing pollutant discharge l~mits promulgated by the EPA in accordance with §
307(b) and (c) of the Act which applies to a specific category 'of industrial users.
National prohibitive discharge standard or prohibitive standard: Any
regulation developed under the authority of § 307(b) of the ACT and 40 CFR, §
403.5.
New source: Any source, the construction of which is commenced after the
publication of proposed regulations prescribing a § 307(c) categorical pretreatment
standard which will be applicable to such source, if such standard is thereafter
promulgated within one hundred twenty (120) days of proposal in Federal Register.
Where the standard is promulgated later than one hundred twenty (120) days after
proposal, a new source means any source, the construction of which is commenced
after the date of the promulgation of the standard.
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Official notice: ~ Registered or certified letter (return receipt requested) from
the City Manager or his]her designee.
On-site sewerage systems: Septic tanks, pit privies, cesspools, sewage
holding tanks, injection wells used to dispose of sewage, chemical toilets, treatment
tanks, and aH other facilities, systems, and methods used for the disposal of sewage
other than the disposal systems operated under a permit issued by state or federal
agencies.
Owner: The person, firm, or pUblic or private corporation using a lot, parcel
of' land, building or premises that discharges, water-borne wastes, either polluted
or unpolluted, within the city limits of the City of Plalnview, who pays or is legally
responsible for the payment of water rates or charges made against the said lot,
parcel of land, building or premises, if connected to the water distribution system
of the City, or who would be legaliy responsible for such payment if so connected.
Person: Any individual, partnership, copartnership, 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 slqall include the feminine and, the singular s]qall include the plural
where indicated by context.
Polluted water: Any water or water-borne waste that is not approved for
discharge into a watercourse or stream by the appropriate governmental authority
or any water that requires treatment prior to acceptance for a domestic water
supply.
Pollution: The man-made or man-induced alteration of the chemical, physical,
biological, and radiological integrity of Water.
Pollutant: Any dredged spoil, solid waste, incinerator residue, sewerage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, Wrecked or discharged equipment, rock, sand, and
industrial, municipal, and agricultural waste discharged into water.
Pretreatment or treatment: The reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater to a less harmful state prior to or in lieu of discharging or otherwise
introducing such pollutants into a Wastewater Disposal System. The reduction or
alteration can be obtained by physicals, chemical or biological processes, or process
changes by other means, except as prohibited by 40 CFR § 403.6(d), also
pretreatment or treatment includes such devices as grease, oil or sand interceptors,
and hydrocarbon removal units, but is not limited to these.
Pretreatment requirements: Any substantive or procedural requirement
related to pretreatment, other than a national pretreatment standard, imposed on an
industrial user.
Private water supplier: Water supplied from a private source, such as a well,
or any source other than the pUblic Water supply.
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Residential: Dwelling units that are individually metered and produce
domestic wastewater, including those with private water supply but connected to the
City of Plalnview's Wastewater Disposal System.
Reverse Osmosis: The separation of a solvent and a solute by the application
of pressure in excess of natural osmotic pressure to the solution outside of the
membrane forcing the solvent to the other side.
Sewage: Domestic or industrial water carried in the drains and pipes of the
Wastewater Disposal System.
Shall: Term denoting a mandatorY hat.ute?'
Significant industrial user: Any industrial user of the City's Wastewater
Disposal System who:
1. Has an average discharge flow of twenty-five thousand (25,000) gallons
or more per average workday; or
2. Has a flow greater than five percent (5%) of the flow in the City's
Wastewater Disposal System; or
3. Has in its wastes toxic pollutants or EPA priority pollutants as defined
pursuant to § 307 of the Act or the Texas Statutes and Rules; or
4. Is found by the City, State or Federal agencies to have a significant
impact, either singly or in combination with other contributing industries, on
the Wastewater Disposal System, the quality of sludge, the system's effluent
quality, or air emission generated by the system; or
5. Is a categorical industry.
Single-family residence: One (1) building structure or mobile home on a single
lot or tract occupied as one (1) dwelling unit.
Slugload: Any substance released in a discharge at a rate and/or
concentration which causes interference to a Wastewater Disposal System.
State: The State of Texas.
State Agency: The agency designated by the State of Texas to have
jurisdiction over the subject matter contained in this chapter.
Standard industrial classification (SIC): A classification pursuant to the
latest edition of the Standard Industrial Classification Manual issued by the
executive office of the President, Office of Management and Budget.
Total suspended solids (TSS) or suspended solids: The solids that either float
on the surface of, or in suspension in, water, sewage or other liquids; and which
are removable by laboratory filtering. Quantitative determination of suspended
solids shall be made in accordance with procedures set forth in "Standard Methods".
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Toxic waste: Any waterborne liquid, solid or gaseous substance in sufficient
quantity to damage, injure or interfere with any sewage treatment process,
constitute a hazard to humans, animals or plants, or create any hazard in the ground
waters.
Toxic pollutant: Any pollutant or combination of pollutants listed as toxic in
regulitions promulgated by the administrator of the EPA under the provisions of
CWA 307(a) or other acts.
User: Any person who contributes, causes or permits the contribution of
wastewater into the City's Wastewater Disposal System.
Wastewater Disl~osal System: A treatment works as defined in § 212 of the Act,
which is owned by the City. This definition includes any sewers that convey
wastewater to the Wastewater Treatment Plant and the designated lind application
site (if any), but does not include pipes, sewers or other conveyances not connected
to a facility providing treatment. For the purposes of this article, the term shall
include any sewers that convey wastewaters to the Wastewater Disposal System from
person outside the city who are, by contract or agreement with the City, users of
the City's Wastewater Disposal System.
Wastewater treatment l~lant: The portion of the Wastewater Disposal System
designed to provide treatment to wastewater.
Watercourse: A channel in which a flow of water occurs either continuously
or intermittently?
Water-borne: Supported or transported by water.
Waters of the state: All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within, flow through,
or border upon the state or any portion thereof.
Wastewater contribution permit: as set forth in § 24-141 of this chapter.
Abbreviations:
The following abbreviations slqall have the designated meanings:
BOD -
CFR -
CWA -
COD -
EPA -
FOG -
1
mg
mg/L-
O&M -
TDS -
TSS -
SIC -
Biochemical oxygen demand
Code of Federal Regulations
Clean Water Act
Chemical oxygen demand
Environmental Protection Agency
Fats, oils and grease
Liter
Milligrams
Milligrams per liter
Operations and maintenance
Total dissolved solids
Total suspended solids
Standard industrial clissification
Page 6 of 23
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Sec. 24-93. Chemical ~iRch~ges.
(a) No discharge to public sewers may contain:
(F) any quantity of formaldehyde or carbide wastes.
(G) any substance which contributes to the Wastewater Disposal
System's violation of its State Agency and/or other disposal
system permit.
(H) any slugload which shail mean any pollutant, including oxygen
demanding pollutants (BOD, etc.) released in a single
extraordinary discharge episode of such volume or strength as
to cause interference with the City's Wastewater Disposal
System.
(I) any substance which may cause the Wastewater Disposal System's
effluent or any other product of the Wastewater Disposal System
such a residues, sludges, or scums, to be unsuitable for
reclanmtion and reuse or to interfere with the reclamation
process. In no case, shall a substance discharged to the
Wastewater Disposal System cause it to be in noncompliance with
sludge use or disposal criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid
Waste Disposai Act, the Clean Air Act, the Toxic Substances
Control Act, or state criteria applicable to the sludge
management method being used.
Sec. 24-94. Heavy Metals and Toxic I~te~fls.
(b) The maximum allowable concentrations of heavy metals stated in terms of
milligrams per liter (mg/1) determined on the basis of individual sampling in
accordance with "Standard Methods" are:
Substance Quantit_v (mg/1)
Arsenic .............................................. 0.05
Barium .............................................. 1.00
Boron ............................................... 1.00
Bromide ............................................. 100.00
Iodine ............................................... 100.00
Chlorine ............................................. 100.00
Cadmium .............................................. 0.02
Chloride ............................................. 250.00
Chromium:
Hexavalent .................................... 0.70
T rivaient ...................................... 3.00
Copper .............................................. 1.00
Cyanide ............................................ 0.04
Fluoride ............................................. other than
Iron .................................................
Lead ................................................
Mercury .............................................
Nickel ...............................................
Phenols ..............................................
Selenium .............................................
Silver ...............................................
contained
in water supply
5.00
0.10
0. 005
0.50
12.00
0.02
0.15
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Substance
Sulfates .............................................
Tin..................................................
Zinc .................................................
Quantity (mg/1)
500.00
1.00
5.00
Sec. 24-95. Garbage.
(a) No person may discharge garbage into the pUblic sewers unless it is
shredded to a degree that all particles can be carried freely under the flow
conditions normally prevaliing in public sewers. Particles greater than one-fourth
inch (_x,,) in any dimension are prohibited.
4
(b) The approving authority is entitled to review and approve the installation
and operation of any garbage grinder equipped with a motor' of three-fourths (3 / 4)
horsepower (0.76 hp metric) or greater.
(c) A user may not contribute any waters or wastes containing suspended
solids of such character and quantity that unusual attention or expense is required
to handle such materials at the wastewater treatment plant.
Sec. 24-105. ~Saml~g and Testing.
(f) In the event that no special mardaole has been required, the control
manhole shall be considered to be the nearest downstream manhole in the sanitary
sewer~ to the point at which the building sewer is connected. In the event the
nearest downstream manhole is unsuitable for collection of a representative sample,
the building's sewer cleanout shall be used for sample collection.
· qI~CTION II. ADDITIONS.
The following sections be added to Chapter 24, Utilities, of the Plainview Code of
Ordinances:
Sec. 24-119. Payment for s~nitm-y sewer line
In the event any person, firm, or institution connected to the Wastewater
Disposal System is determined to be the cause of obstrUction of the City of
Plainview's sanitary sewer line, the person, firm or institution responsible sl~all be
assessed a charge of no less than the cost of the personnel and equipment used to
unblock the sewer line and the cost of the personnel and equipment necessary to
clean the sanitary sewer line.
Sec. 24-120. Payment for t~mtment of wsstewatm- spillage.
In the event any person, firm, or institution causes wastewater to be spilled
into any storm sewer or natural water outlet, the person, firm or institution
responsible shall be assessed a charge of no less than the cost of the personnel and
equipment used to clean the wastewater spillage.
Sec. 24-121. Discharging l~olluted waters into n~tm~ outlets.
It shall be unlawful to discharge into any natural outlet within the City of
Plainview, or in any area under the jurisdiction of said city, any sanitary sewage,
industrial waste or other polluted water, except where suitable treatment has been
provided in accordance with the subsequent provisions of this chapter, and a permit
to discharge such has been obtained from the State Agency.
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Sec. 24-122. Pet~nitling oil, g~ase, antifreeze, battea-y acid, or any other dminln?
to run to sani~ sewe~.
It shall be unlawful for any person to pour or place any oil, grease,
antifreeze, battery acid, or any other drainings from automobile, tractor or other
engine or motor, at any place so that oil, grease, antifreeze, battery acid, or
drainings will run by gravity or otherwise into any sink, trap, grating, pipe or
other plumbing connected with the sanitary sewer or storm sewer systems of the
city.
Sec. 24-123. Reverse osmosis, bailer blow-down, cooling towe~ water discharges.
Wastes discharged into the Wastewater Disposal System from units such as, but
not limited to, reverse osmosis, boilers, and cooling towers may be subject to
analysis such as TDS, TSS and chlorides. If the discharges are determined to cause
interference with the Wastewater Disposal System or passage the Wastewater Disposal
System untreated or have reasonable possibility to-interfere with or pass through
the Wastewater Disposal System untreated, the City Manager or his/her designee may
require alternate disposal or treatment of such effluent discharges.
Sec. 24-124. Industries to Comply with Federal and Local ~tment Standa~.
Any industry falling within any industrial category subject to categorical
pretreatment standards promulgated pursuant to § 307(b) and (c) of the Clean Water
Act of 1977 and any subsequent amendments applying to this act shall comply with
all federal regulations, pretreatment requirements, and/or discharge limits
applicable to that particular industrial 6ategory. These federal pretreatment
regulations take precedent over this division; provided, however such industry
shall continue to meet specific discharge limits set forth in this division which are not
inconsistent with the categorical pretreatment standards applicable to its industry,
and shall meet more stringent local standards which have been justified as necessary
for the protection of the wastewater treatment process.
Sec. 24-12.5. State-~equiz~m_~nts.
State requirements and limitations on discharges shall apply in any case where
they are more stringent than federal requirements and limitations or those in this
article.
See. 24-126. City's right of ~evision.
The City reserves the right to establish by ordinance more stringent
limitations or requirements on discharges to the wastewater disposal system if
deemed necessary to comply with the objective of this Chapter.
Sec. 24-127. Excessive Diso_hs~ge.
No user shall increase the use of process water or, in any way, attempt to
dilute a discharge as a partial or complete substitute for adequate treatment to
achieve compliance with the limitations contained in the federal categorical
pretreatment standards, or in any other pollutant-specific limitation developed by
the City, State or Federal government.
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Sec. 24-128. Accidental Discharge.
Each user shah provide protection from accidental discharge of prohibited
materials or other sUbstances regulated by this chapter within ninety (90) days from
the effective date of this chapter. Facilities to prevent accidental discharge of
prohibited materials shall be provided and maintained at the owner's or user's own
cost and expense. In the case of an accidental discharge it is the responsibility of
the user to immediately notifY the City of Plainview Water Treatment Plant at (806)
296-1100, twenty-four (24) hours a day; seven (7) days a week, of the incident.
The notification shah include the date, ~time, and location of discharge, type of
waste, concentration and volume, and COrrective actions.
ARTICLE VI. PERMITS.
Sec. 24-140. Wastewater dis.hs~ges.
It shah be unlawful to discharge withoUt a city permit into any natural outlet
within the City of Plalnview, or 'in any area under the jurisdiction of said city,
and/or to the Wastewater Disposal~ System any wastewater except as authorized by
the City Manager or his/her designee in accordance with the provisions of this
chapter.
Sec. 24-141. Wastewater contribution pm-e~s generally.
All significant users proposing to connect to or to contribute to the Wastewater
Disposal System shall obtain a wastewater contribution permit before connection to
or contributing to the Wastewater Disposal System. All existing significant
industrial users connected to or contributing to the Wastewater Disposal System shall
obtain a wastewater contribution permit within' one hundred eighty (180) days after
the effective date of this article.
Sec. 24-142. Pe~nit Application.
Users who discharge industrial~wastewater are required to obtain a wastewater
contribution permit shall complete and file with the City Manager or his/her designee
at 901 Broadway, phone 296-1100, an application in the form prescribed by the city,
and accompanied by a fee of thirty-fivedollars ($35). Existing users shall apply for
a wastewater contribution permit' within thirty (30) days after the effective date of
this article, and proposed new users shah apply at least ninety (90) days prior to
connecting to or contributing to the WaStewater Disposal System. Applications can
be obtained from the City Manager or ~his/her designee. In support of the
application, the user s]~all submit, upon request, in units and terms appropriate for
evaluation, part or all of the following information:
(1) Name, address, and location of actual facility (if difference from the
mailing address);
(2) SIC number according to the current Standard Industrial Classification
Manual, Bureau of Budget;
(3) Wastewater constituents and characteristics including but not limited to
those mentioned in Article-IV of this Chapter as determined by a reliable
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analytical laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to Section 304(g) of the act
and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and thirty-minute peak wastewater flow rates, including
daily, monthly and seasonal variations ff any;
(6) Site plans, floor plans, mechanical and plumbing pians and detail to show
all sewers, sewer connections, and appurtenances by the size, location and
elevation;
(7) Description of activities, facilities and plant processes on the premises
including all materials which are or could be discharged;
(8) The nature and concentration of any pollutants, in the discharge which are
limited by any city, state or federal pretreatment standards, and a statement
regarding whether or not the-pretreatment standards are being met on a
consistent basis and ff not, whether additional operation and maintenance
(O&M) and/or additional pretreatment is required for the user to meet
applicable pretreatment standards;
(9) If additional pretreatment and!or O&M will be required to meet the
pretreatment standards, and ff so,. the shortest schedule by which the user
wit provide such additional pretrea~nent. The completion date in this
schedule sb~ll not be later than the compliance date established for the
applicable pretreatment standard;
The following conditions shall apply to this schedule:
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 user to meet the applicable
pretreatment standards (e.g. hiring an engineer, completing
preliminary plans, executing contract for major components,
commencing construction, completing construction, etc. ).
No increment referred to in paragraph (a) shall exceed nine (9)
months.
Not Later than fourteen (14) days following each date in the
schedule and the final for compliance, the user shall submit a
progress report to the City Manager or hisIher designee
including, as a minimum, whether or not it complied with the
increment of progress to be met on such date and, ff 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
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 City Manager or his/her designee.
Page 11 of 23
(10) Each product produced by type, amount, process or processes, and rate
of production;
(11) Type and amount of raw materials processed (average and maximum per
day);
(12) Number of employees, hours of operation of plant and proposed or actual
hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to
evaluate the permit application.
The city will evaluate the data furnished by the user and may require additional
information. After evaluation and acceptance of the data furnished, the city may
issue a wastewater contribution permit subject to terms and conditions provided
herein.
Sec. 24-143. Permit Modification.
Within nine (9) months of-the promulgation of a national categorical
pretreatment standard, the wastewater contribution permit of users subject to such
standards shall be revised to required compliance with such standard within the time
frame prescribed by such standard. Where a user, subject to a national categorical
pretreatment standard, has not Previously submitted an application for a wastewater
contribution permit as required by § 24-141, the user shatl apply for a wastewater
contribution within one hundred eighty (180) days after the promulgation of the
applicable national categorical pretreatment standard. In additional, the user with
and existing wastewater contribution permit shali submit to the City Manager or
his/her designee within one hundred eighty (180) days after the promulgation of an
applicable federal categorical pretreatment standard the information required by
paragraphs (8) and (9) of § 24-142.
Sec. 24-144. Permit Conditions.
Wastewater contribution permits shall be expressly subject to all provision of
this article and ali other applicable regulations, user charges and fees established
by the city. Permits may contain the foliowing:
(1) The unit charge or schedule of user charges and fees for the wasteWater
to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and
characteristics;
(3) Limits on average and ma~m~,m rate and time of discharge or requirements
for flow regulations and equal~.ation;
(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;
Page 12 of 23
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports §§
24-152 and 24-153;
(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 to the city of any new introduction of
wastewater constituent or an substantial change in the volume or character of
the wastewater constituent being introduced into the wastewater treatment
system;
(10) Requirements for notification of slug discharges as per section 24-146;
(11) Other conditions as deemed appropriate by the city to ensure compliance
with this article.
Sec. 24-145. Pea, mit Duration.
Wastewater discharge permits are issued to a specific user for a specific
operation. A wastewater discharge permit shah not be reassigned, transferred or
sold to a new owner, new user, different premises, or a new or changed operation
without the approval of the city. Any succeeding owner or user shall comply with
the terms and conditions of the existing permit.
Sec. 24-146. Revocation of Pet~nit.
Any user who violates the following conditions of this article, applicable state
and federal regulations, is subject to having his permit revoked in accordance with
the procedures of article VII of this chapter.
(1) Failure of a user to factually report the wastewater constituents and
characteristics of his discharge in a timely manner;
(2) Failure of the user to report significant changes in operations, or
wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring; or
(4) Violation of conditions of the permit.
Sec. 24-147. pl~.liminAl-~ Tl~mtment Facilities, When Recp~ed.
(a) Users shah provide necessary wastewater treatment as required to comply
with this article and shall achieve compliance with all federal categorical pretreatment
standards within the time limitations as specified by the federal pretreatment
regulations. Preliminary pretreatment facilities may be required' when:
(1) The admission into the public sewers of any waters or wastes:
Page 13 of 23
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a. Have a five-day biochemical oxygen demand greater than two
hundred fifty (250) rog/L; or
b. Contain more than two hundred fifty (250) mg/L of suspended
solids; or
c. Contain any qUantity of substances having the characteristics
described in article IV of this chapter; or
d. Have an average daily flow greater than two percent (2%) of the
average daily sewage flow of the city; or
e. Shall be subject to review and approVal by the City Manager or
his ! her designee.
(2) Where necessary in the opinion of the City Manager or his/her designee,
the owner shall provide, at his expense, such preliminary treatment as may
be necessary to:
a. Reduce the biochemical oxygen demand to two hundred fifty (250)
mg/L and the suspended solids to two hundred fifty (250) rog/L; or
b. Reduce objectionable characteristics or constituents to within the
maximum limits provided' for in article IV of this chapter; or
c. Control the quantities and rate of discharge of such waters or
wastes.
(b) 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 city under the provisions of this article. Any subsequent changes
in the pretreatment facilities or method of operation s]qall be reported to and be
acceptable to the city prior to the user's initiation of the changes.
(c) The city shall annually publish, as required by and in accordance with the
EPA, in the Plainview Daily Herald, a list of the users which were not in compliance
with any pretreatment requirements or standards at least once during the twelve
(12) previous months. The notification shall also summarize any enforcement actions
taken against the user(s) during the same twelve (12) months.
(d) All records relating to compliance with pretreatment standards shall be
made available to officials of the Federal and State Agencies and control authority
upon request.
Sec. 24-148. prellml,,s,~ Treatment Facilities
Where preliminary treatment facilities are provided for any water or wastes as
provided for in the preceding section, they sl~al! be maintained continuously in
satisfactory and effective operation.
Page 14 of 23
33
Sec. 24-149. Pl~HmiIlal-y Treatment Facilities; Sand, G~se, and Oil Interceptors.
(a) Grease, oil and sand interceptors sba11 be provided when, in the opinion
of the City Manager or his/her designee, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, or any flammable wastes,
sand or other harmful ingredients ; except, that such interceptors shall not be
required for private living quarters or dwelling units. Ail interceptors shall be of
a type and capacity approved by the City Manager or his/her designee, and shall be
located so as to be readily and easily accessible for cleaning and inspection.
(b) Grease and oil interceptors sba11 be constructed of impervious material.~
capable of withstanding abrupt and extreme changes in temperature. They shall be
of substantial construction, watertight and equipped with easily removable covers
which, when bolted in place, shall be gastight and watertight.
(c) Where installed, all grease, oil and sand interceptors shall be maintained
by the owner, at his expense, and kept in continuously effective operation at all
times.
Sec. 24-150. PPellml,sm] Tt, eatment Facilities; H~?bon Removal Units.
Regulation 1. Intent to Discharge. Persons intending to discharge effluents
from hydrocarbon removal units into the Wastewater Disposal System shall notify the
City Manager or his/her designee thirty (30) days prior to permit application.
Regulation 2. Permits. Persons intending to use devices for the removal of
hydrocarbons shall file an application for a wastewater contribution permit with the
City Manager or his/her designee thirty (30) days prior to permit application.
Regulation 3. Limits. Persons operating hydrocarbon removal units will be
required to send monthly sample results to the City Manager or his/her designee and
the results must meet all requirements of this article in addition to the following
criteria:
(1) Benzene less than one (1) rog/L;
(2) Toluene less than one (1) rog/L;
(3) Xylene less than one (1) mg/L;
(4) Ethelbenzene less than one (1) rog/L;
Regulation 4. Separators. Ail hydrocarbon removal units will be required to
have a separator to help control free products from entering the sanitary sewer.
Sec. 21-1§1. Septic Tank Emptying.
Regulation 1. Permit Required. No septic tatk, cesspool, chemical toilet, or
any similar receptacle for waste storage shall be emptied at the Plainview Water
Reclamation Plant or any other designated emptying site or its contents removed
except by a person holding an annual transport permit from the State Agency, as
well as an annual disposal permit from the City Manager or his/her designee.
Page 15 of 23
Regulation 2. Sanitary Requirements. The permittee shall take ail reasonable
measures to prevent the development or existence of a nuisance or of any condition
hazardous to heaith which can arise from his operations, and shall comply with the
following:
(1) Material taken from a septic tank, cesspool, chemicai toilet, or any similar
receptacle for waste storage shall be disposed of only in a manner and place
approved by the State Agency. Approval shall be obtained at the time of
issuance of the State permit, and no change in the approval procedure shall
be made by the permittee without prior approval of the State Agency.
(2) Every vehicle and all auxiliary equipment used for the transportation or
handling of chemical toilel or any
similar waste · be liquidtight, gaslight, and
soundproof, so that no foul material may spill or escape therefrom. Tanks on
septic vehiCles shall have a minimum capacity of seven hundred fifty (750)
~ons.
(3) No vehicle or au~dliary equipment used for carrying, transporting or
handling the contents of septic tanks, cesspools, chemical toilets or any
similar waste storage receptacle shail be allowed to stand or remain within fifty
feet (50') of any occupied premises.
(4) Vehicles and equipment shall be kept in a clean condition and sba11 not be
opened longer than is necessary when in use.
(5) Each vehicle used under this regulation shall have the permittee's State
Agency permit number visibly inscribed on the side door panels and the rear
face in numerals not less than three (3) inches high.
(6) Mixing of incompatible wastes within the same container is prohibited.
Transporters shall not use the same .container or pumping equipment to collect
or transport incompatible waste ~without first emptying and cleaning the
container and equipment of ail previously handled wastes. For purposes of
this subsection, incompatible, waste means wastes which have different
processing, storage, or disposal requirements. However, transporters may
mix wastes with different characteristics provided the facility to which the
waste is being transported is authorized to store, process, or dispose of such
waste mixture.
Regulation 3. Waste Control Record. Persons who collect and/or transport
waste subject to control under this subchapter shall initiate and maintain a record
of each individuai collection and deposit. Such record Shall be in the form of a
manifest trip ticket or other similar documentation required by the State Agency and
approved by the City Manager or his/her designee. The transporter shall provide
the person who generates the waste a copy of the waste control record or other
document showing receipt of waste and shall, provide the facility operator a copy of
all control records of wastes deposited. The transporter shail retain a copy of ail
records showing the collection and disposition of waste. Such copies shail be
retained for three (3) years and made available to the City Manager or his/her
designee upon request, The waste control r~cord shall include:
Page 16 of 23
35
(1) Owner, address, telephone number and State Agency registration of
transporter;
(2) Name, address, and telephone number of the person who generate the
waste and date collected;
(3) Type and amount of waste collected or transported;
(4) Name of responsible person (driver) collecting, transporting, and
depositing the waste;
(5) Date and place where the waste was deposited;
(6) Identification (permit application or site registration number, location,
and operator) of the facility where the waste was deposited; and
(7) Name and signature of facility representative acknowledging receipt of the
waste and the amount of waste received.
Regulation 4. Location of Waste Dumping.. Transporters shall deposit waste
at a facility designated by or acceptable to the generator of said wastes and the City
of Plainview where the operator of the facility agrees to receive the wastes.
(1) Only true septage will be accepted at the Plainview Water Reclamation
Plant. Grease and grit trap wastes shall not be accepted and should be
disposed of as per State regulations.
(2) In the event of a discharge of Waste during collection or transportation,
the collector or transporter must take appropriate action to protect human
health and the environment, e.g. notify local law enforcement, and the State
Agency as to size, nature, and location of the disclna~-ge area; clean up any
waste discharge that occurs during transportation; or take such action as may
be required or approved by federal, state or local offic~aL~ having jurisdiction
so that .the waste discharge no longer presents a public health or
environmental problem. Transporters are responsible for reporting spill~, in
accordance with requirements of the "State of Texas Oil and Hazardous
Substance Spill Contingency Plan", or subsequent regulations.
Regulation 5. Plant Operation Disposal Hours. Transporters shall deposit
wastes at the Plainview Water Reclamation Plant or other designated site only during
the hours posted at the gate.
Regulation 6. Notification of Waste Dumping. Prior to dumping each tank
truck transporter shall stop at the gate, notify the facility operator, and allow
inspection and sampling of the contents.
Regulation 7. Sampling, Anaiysis~ and Charges.~ Samples of tank contents
will be obtained and analyzed. Analysis will be performed and any results outside
the acceptable analYSis limits will be rejected and the State Agency will be notified
of results, Tank truck companies will be surcharged for BOD and TSS.
Regulation 8. Load Fees. Each tank truck load of seven hundred fifty (750)
gallons or less will be assessed a minimum dump fee of fifteen dolla~-s ($15.00). Tank
Page 17 of 23
truck loads in excess of seven hundred fifty (750) gallons will be assessed a fee of
fifteen ($15.00)plus ten cent ($0.10) per one hundred (100) gallons over the seven
hundred fifty (750) minimum.
Regulation 9~ Disposal Permit Fees. Annual disposal permits are obtainable
from the City Manager or his/her designee at 901 Broadway, at a cost of fifty dollars
($50.00) per vehicle.
Regulation 10. Disposal permit Renewal. Existing permits shall be renewed
July 1st of each year beginning July 1, 1993. In the event a septic waste
transporter applies for a new permit or an additional permit after July 1st, the
permit feet of fifty dollars ($50.00) will be prorated in order to include only the
months of waste disposal. The permittee shall renew all permits on July 1st of each
year thereafter.
Regulation 11. Transport Permit Fees. The following transport permits are
obtainable at City Hall, 901 BroadWay, at. a cost of:
On-site sewage disposal system. ' ............................. $61.00
Commercial septic tank emptying .................................. 61.00
Sec. 24-1§2. CompH~n~e Data Repox't.
Within ninety (90) days following the date for final compliance with applicable
pretreatment standards or, in the case of a new source, following commencement of
the introduction of wastewater into the Wastewater Disposal System, any user subject
to pretreatment standards and requirements shall submit to the City Manager or
his/her designee a report indicating-the nature and concentration of all pollutants
in the discharge from the regulated process which are limited by pretreatment
standards and requirements and the average and maximum daily flow for these
process units in the user facility Which are limited by such pretreatment standards
or requirements. The report shall state whether the applicable pretreatment
standards or requirements are being met on a consistent basis and, if not, what
additional O&M and ! or pretreatment is necessary to bring the user into compliance
with the applicable pretreatment standards or requirements. This statement shall
be signed by an authorized representative of the industrial user, and certified to by
a qualified professional pretreatment engineer.
Sec. 24-153. Periodic Compliance ReIxn'~.
(a) Any user subject to a pretreatment standard, after the compliance date of
such pretreatment standard, or, in case of a new source, after commencement of the
discharge into the Wastewater DisPosal System, shall submit to the City Manager or
his]her designee during the months of June and December, unless required more
frequently in the pretreatment stanClard or-by the' City Manager or his ] her designee,
a report indicating the nature and c0ncentration, of pollutants in the effluent which
are limited by such pretreatment stands~ds. In addition, this report shall include
a 'record of all daily flows which during the repo,-ting period exceeded the average
daily flow. At the discretion of the City Manager or his/her designee and in
consideration of such factors as local high or low rates, holidays, budget cycles,
etc., the City Manager or his/her designee may agree to alter the months during
which the above reports are to be submitted.
Page 18 of 23
(b) The City Manager or his/her designee may impose rna.~s limitations on users
which are using dilution to meet applicable pretreatment standards or requirements,
or in other cases where the imposition of mass limitations are appropriate. In such
cases, the report required by paragraph (a) of this section shall indicate the ma.~s
of pollutants regulated by pretreatment standards in the effluent of the use. These
reports shall contain the results of sampling and the nature and concentration, or
production and mass where requested by the City Manager or his/her designee, of
pollutants contained therein which are limited by the applicable pretreatment
standards. The frequency of monitoring sbal! be prescribed in the applicable
pretreatment standard. All analysis shall be performed in accordance with
procedures established by the City Manager or his ] her designee pursuant to section
304(g) of the act and contained in 40 CFR, Part 136 and amendments thereto or with
any other test procedures approved by the City Manager or his/her designee.
Where 40 CFR, Part 136 does not include a sampling or analytical technique for the
pollutant in question, sampling and analysis shall be performed in accordance with
the procedures set forth in the EPA publication, Sampling and Analysis Procedures
for Screening of Industrial Effluents for Priority Pollutants, April, 1977, and
amendments thereto, or with any other sampling and analytical procedures approved
~ y the City Manager or his/her designee.
~ ec. 24-1§4. Moni~ Fac/titles.
(a) The city shall require monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and]or internai drainace systems, to be
]~ rovided and operated at the user's own expense. The monitoring facility should
~ ormally be situated on the user's premises, but the city may, when such location
~rould be impractical or cause undue hardship on the user, allow the facil/ty to be
constructed in the public street, alley or sidewalk area and located so that it will not
h e obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to
allow accurate sampling and preparation of samples for analysis. The facility,
sampling, and measuring equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordauce with the city's requirements and
all applicable local construction standards and specifications. Construction shall be
completed within ninety (90) days following official notice by the City.
Sec. 24-155. Inspection and Ss,,,pling.
The citY shall inspect the facilities of any user to ascertain whether the
purpose of this article is being complied with and requirements are met. Persons or
occupants or premises where wastewater is created or discharged sbal! allow the city
of their representative ready access at all reasonable times to all parts of the
ppremises for the purposes of inspection, sampling, records exam/nation or in the
erformance of any of their duties. The City, State and Federal agencies shall have
the right to set up on the user's property such devices as are necessary to conduct
sampling inspection, compliance monitoring and]or metering operations. Where a
user has security measures in force which would required proper identification and
clearance before entry into their premises, the user shall make necessary
arrangements with their security guards so that upon presentation of suitable
Page 19 of 23
3¸8
identification, personnel from the City, State and Federal agencies shall be permitted
to enter, without delay, for the purposes of performing their specific
responsibilities.
See. 24-156. Confidential Info~mation.
UnleSs a Contrary ruling under the Texas Open Records Act is issued by the
Texas Attorney General or a court, information and data on a user 'obtained from
reports, questionnaires, permit applications, permits and monitoring programs and
from inspections shall be available to the public or other governmental agency
without restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the city that the release of such information would divulge
information, processes, or methods of production entitled to protection as trace
secrets of the user. When req Furnishing a report, the portions
~ related to this article, State Agency
proVided,
however, that such portions r the state or any
state agency in judicial review or enforcement proceedings involVing the pers~on
furnishing the report. Wastewater constituents and~ cbsw~cte~stics will not be
recognized as confidential information.
Sec. 24-157. Chm-ges and Fees.
The City may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the city's
pretreatment program;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reViewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for f'fling appeals;
(6) Fees for consistent removal (by. the city) of pollutants otherwise subject
to federal pretreatment standards.
(7) Other fees as the city may deem necessary to carry out the requirements
contained herein.
These fees relate solely to the matters covered by this article and are separate from
all other fees chargeable by the city.
Sec. 24-158 to 24-165. Reserved
Page 20 of 23
ARTICLE VII. ENFORCEMENT
Sec. 24-166. Harmful Conh-ibutions.
(a) The. city may 'suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary, in the opinion
of the city, in order to stop an actual or threatened dischar~ge which presents or may
present an imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the Wastewater Disposal System or
contributes to cause the city to violate any condition of its State and/or Federal
discharge permits.
(b) Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution .permit shall immediately stop or eliminate the
contribution. In the event of a failure of the person to comply voluntarily with the
suspension order, the city shall take such steps as deemed necessary including
immediate severance of the sewer connection, to prevent or minimize damage to the
sewage system or endangerment to any individuals. The city shall reinstate the
wastewater contribution permit and/or the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. A detailed written statement
submitted by the user describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence shall be submitted to the city
within fifteen (15) days of the date of the occurrence.
Sec'. 24-167. Admlnistt~ative Enfo~ment.
Enforcement 'to address noncompliance:
(1) Issuance of a "warning notice" to a company for significant noncompliance;
(2) Issuance ora "violation notice" after thirty (30) days or more if compliance
is not re-established.
(3) Issuance of a ,,f'mal violation notice", followed by a compliance meeting
after another thirty (30) days (or longer time) if compliance is not attained.
The enforcement compliance meeting is held with the industrial company to
explore the reasons for noncompliance.
Sec. 24-168. Show Cause
(a) The city may order any user who causes or allows an unauthorized
discharge 'to enter the sewage system to show cause before the City Council Why the
proposed enforcement action should not be taken. A notice shah be served on the
user specifying the time and place of a hearing to be held by the City Council
regarding the violation, the reasons why the action is to be taken, the proposed
enforcement action, and directing the user to show cause before the City Council
why the proposed enforcement action should not be taken. The notice of the hearing
shall be served by registered or certified ma~ (return receipt requested) at least ten
(10) days before the hearing. Service may be made on any agent or officer of a
corporation.
Page 21 of 23
4O
(b) The City Council may itself conduct the hearing and take the evidence,
or may designate any of it members or any board or commission or officer or employee
of Wastewater Reclamation Department to:
(1) Issue in the name of the City Council notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence relevant
to any r~atter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and
other evidence, together with recommendations to the City Council for action
thereon.
(c) At any hearing held pursuant to this article, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded, will be
made available to any member of the public or any party to the hearing upon payment
of the usUal charges thereof.
(d) After :the City Council Ban reviewed the'evidence, it may issue an order
to the user respOnsible for the discharge directing that, following a specified time
period, the sewer service be discontinued unless adequate treatment facilities,
devices or other related appurtenances are prOperly operated. FUrther City Council
orders and directive as are necessary and appropriate may be issued to deal with
specific damages.
Sec. 24-169. Legal Action.
If any person discharges sewage, industrial wastes or other wastes into the
city's waste water disposal system contrary to the provision of this article, federal
or state pretreatment requirements, or any order of the city, the city attorney may
commence an action for appropriate legal and/or equitable relief in an appropriate
court of the county. In addition to the penalties provided herein, the city may
recover reasonable attorney's fees, court costs, cOurt reporter's fees and other
expenses of litigation by appropriate suit at law against the person found to have
Violated this article or the orders, rules, regulations and permits issue hereunder.
Sec. 24-170, Penalties.
Any user who is found to have violated an order of the City Council or who
willfully or negligently failed to comply with any provision of this article, and the
orders, ruIes, regulations and permits issued hereunder, shall be guilty of a
misdemeanor and upon conviction shall be fined not more than one thousand dollars
($1000.00) for each offense. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense.
Sec~ 24-161. F~l=ifying Information.
Any person who knowingly makes any false statements, representation of
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article, or wastewater contribution
permit, or who faisifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this article, shall be guilty of a
Page 22 of 23
misdemeanor and, upon conviction, shall be punished by a fine of not more than one
thousand dollars ($1000.00).
SECTION III. CUMUI~TIVENESS CLAUSE.
Provisions of this ordinance are.cumulative and nothing herein shall prevent, alter,
or diminish the applicability or enforcement of other ordinances restricting,
regulating or governing the subject matter herein.
SECTION IV. SEVERABILITY CLAUSE.
Should any section, subSection, or any portion hereof be deemed invalid for any
reason, such holding shall not render or invalidate any other section, sub-section,
sentence, provision, Clause, phrase, or word severable therefrom and the same shah
be deemed severable for this purpose.
SECTION V. CONFLICTS CLAUSE.
Ail ordinances or portions of any ordinance of the City of Plainview, Texas in
conflict herewith, are hereby amended to conform with the provisions hereof.
SECTION VI. EFFECTIVE DATE.
This ordinance shall be of full force and effect upon its passage and publication as
required by law.
PASSED AND APPROVED this the 8th day of June, 1993.
E.V. Ridlehuber, Mayor
ATTEST:
Kar~n McBeth, City Secretary
APPROVED AS TO CONTENT:
Wm. R. Hogge, Dir. of Public Works
Page 23 of 23