Division 3 Discharge Restrictions

Every building containing plumbing, any portion of which is within two hundred (200) feet of an available sewer, shall be connected with the public sewer within six (6) months after the owner, lessee, or occupant thereof receives written notice from the city engineer or his designee to do so. For the purposes of this provision, notice shall begin upon mailing of such notice by certified or registered mail directed to the owner, lessee or occupant.

§ 12.05.073 Wastewater from customers outside city limits.

Upon failure of the owner, lessee or occupant to connect the premises to a public sewer, the city engineer or his designee shall have the right to make the connection of such premises to the public sewer and charge the cost thereof, including labor and materials necessarily used, as well as any other expenses connected therewith, against such owner, lessee or occupant, who shall be personally liable for the payment thereof. To secure payment of such costs, the city shall have a lien against the property on which the connection was made.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-102; Ordinance 2020-028 adopted 7/27/20)

The POTW may elect to accept wastewater from sources outside the city. Acceptance of holding tank wastes such as, but not limited to, septage, may be accepted at the discretion of the supervisor after consideration of the POTW’s ability to treat the waste properly and with the approval of the city engineer and wastewater superintendent. Unless otherwise directed, the rate for acceptance will be twice the cost to treat. This shall in no way prohibit the city from making individual contracts between the city and an outside user. No outside user shall make any plumbing connection or pump or pipe wastewater to the POTW without the specific approval of the city council.

Any outside user of the POTW, either by direct connection or discharge from holding tanks, shall comply with all conditions of this article and the industrial pretreatment program of the city. Any contract or agreement to accept wastewater from outside the city must contain specific language to insure appropriate authority exist to enforce all provisions and conditions of this article and the industrial pretreatment program.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-103; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.074 General prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly into the POTW any pollutant, wastewater, or other substances which will:

Cause pass-through or interference with the operation or performance of the publicly owned treatment works.

Cause the city to be in violation of any of the conditions of its NPDES or TPDES permit conditions.

(3)

Contaminate the POTW sludge in a manner that will limit sludge use or disposal.

(4)

Cause the city to be in violation of any other federal or state laws.

No user shall contribute or cause to be contributed, directly or indirectly into or adjacent to, storm drains, surface or groundwater any pollutant, wastewater or other substance which will pollute the waters of the state, create a nuisance, or cause a hazard to human health or the environment.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-104; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.075 Specific prohibitions.

No user shall contribute or cause to be contributed, directly or indirectly, into the POTW any of the following substances:

Any solid, liquid, or gas which by reason of their nature or quantity will create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flash-point of less than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) using test methods specified in 40 CFR 261.21.

§ 12.05.076 Specific pollutant limitations.

Any solid or viscous substance(s) in amounts that will cause obstruction to the flow in the sanitary sewer or interfere with the operation of the POTW such as, but not limited to: animal and vegetable grease, fat, or oil in excess of specific limitations as set forth in this article, garbage other than comminuted garbage which has been reduced to a particle size no greater than one-half (1/2) inch in any dimension, rocks, sand, glass, metal, waste paper, grass clippings, wood, plastic, feathers, bones, grinding and polishing wastes, tar, asphalt residues, rags, or any material that has been determined by the city to cause an obstruction.

Note: The supervisor, city engineer or their authorized representative is entitled to review and approve the installation of any equipment to condition waste or grind garbage with a motor or driving means of three-fourths (3/4) horsepower or greater.

(3)

Any wastewater or other substance having a pH lower than five and one-half (5.5) or higher than nine and one-half (9.5) or having other corrosive properties capable of causing damage or hazard to the structures, equipment, and/or personnel of the POTW, or the general public. Excursions of the above limits may be acceptable as follows:

Maximum Excursion	Duration
0.5 pH unit	not to exceed 60 min.
1.0 pH unit	not to exceed 30 min.
1.5 pH unit	not to exceed 10 min.

Such excursions shall be at the discretion of the supervisor.

(4)

Any petroleum based oil or grease except in trace amounts and as specified in this article, non-biodegradable cutting oil, or any other petroleum-based or mineral oil based material that will cause pass-through or interference with the POTW.

(5)

Any discharge that results in toxic gases, vapors, or fumes within the POTW in a quantity that may endanger the health or safety of POTW personnel or the general public, or create a public nuisance.

(6)

Any discharge to the POTW having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference, cause damage to the POTW, increase the temperature of the total treatment plant influent at a rate of ten (10) degrees Fahrenheit or more per hour, or cause the total treatment plant influent to exceed one hundred four (104) degrees Fahrenheit (forty (40) degrees Celsius).

(7)

Any pollutant, including oxygen demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration that will cause interference with the POTW.

(8)

Any trucked or hauled waste including, but not limited to, septage, grease trap wastes, and grit trap wastes except as specified in this article. Such wastes shall only be discharged to the POTW at points designated by the city. Any wastes defined as hazardous by RCRA standards will not be accepted. Each load brought to the POTW must bear a signed certification statement declaring the load non-hazardous on the trip manifest.

(9)

Any wastewater or other substance containing toxic pollutants in any sufficient quantity, either singly or by interaction with other pollutants, to interfere with any wastewater treatment process cause damage to any part of the POTW, cause a hazard to POTW personnel, the public or the environment, or create a toxic effect in the receiving stream of the POTW.

(10)

Any wastewater or other substance with objectionable color not removed in the treatment process, such as but not limited to, dye wastes and vegetable tanning solutions.

(11)

Any pollutant regulated pursuant to any categorical pretreatment standard promulgated by the EPA or TCEQ in a concentration or amount which is in excess of the limit specified in the standard.

(12)

Any herbicides, fungicides, insecticides, rodenticides or any other pesticide that will create a toxic condition in the POTW resulting in interference, pass-through, or hazards to human, animal or plant life, including aquatic organisms, or cause any deleterious effect to the environment.

(13)

Any wastewater or substance containing any radioactive wastes or isotopes of such concentration or half-life that may exceed any limits set by applicable state and federal regulations. No person may discharge such radioactive wastes into the POTW without the written approval of the city manager, the wastewater treatment plant superintendent, and supervisor.

(14)

Any unpolluted stormwater, surface or groundwater, roof runoff, subsurface drainage, or other unpolluted drainage. The city engineer may designate storm sewers and other watercourses into which unpolluted drainage may be discharged.

(15)

Any discharge that required unusual provisions, attention, or expense to treat or control in the sewer system, treatment plant, or sludge disposal facility.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-105; Ordinance 2020-028 adopted 7/27/20)

No person shall discharge wastewater in excess of the following allowable concentrations of specific pollutants. These limits shall be applied uniformly to the end of pipe discharge.

Value not to be exceeded:

Pollutant	Daily Maximum milligrams/liter
Arsenic (As)	0.05
Cadmium (Cd)	0.06
Chromium (Cr)	1.48
Copper (Cu)	0.92
*Cyanide (CN)	0.39
Lead (Pb)	0.47
Mercury (Hg)	0.0001
Molybdenum (Mo)	0.14
Nickel (Ni)	2.94
Selenium (Se)	0.05
Silver (Ag)	1.61
Zinc (Zn)	2.80	Mo.
*Grease, fat, oil	200 Max.	100 Avg.
(animal or vegetable, free or emulsified)	Total all sources	Mo.
*Oil, wax, paraffin	20 Max.	20 Avg.
(Petroleum based or mineral, free or emulsified)	Total all sources

*By grab sample only.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-106; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.077 State and federal limitations.

State and/or federal limitations and requirements on discharges which apply to the POTW or its users shall apply in all cases where they are more stringent that those contained herein, and, where state and federal limitations differ, the lower limit shall apply.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-107; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.078 Dilution of discharge.

No user shall ever increase the use of potable or 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 or the state, including BOD₅ and TSS. Dilution may, however, be acceptable as a means of controlling some of the prohibited discharge levels which shall be subject to the specific approval of the supervisor.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-108; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.079 Hazardous waste notification.

It shall be unlawful for an industrial user to fail to notify the Environmental Services Division, federal and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste under 40 CFR, part 261. The notice herein required does not relieve the industrial user of its obligation to comply with any RCRA, CERCLA, or SARA requirements relating to handling of such hazardous wastes.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-109; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.080 Force majeure.

If a person can establish that an event that would otherwise be a violation of any conditions of this article, or a permit issued under this article, was caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of the ordinance or permit.

If force majeure is claimed as an affirmative defense to an action brought forth under this article, the user shall demonstrate, through relevant evidence that:

An event that would otherwise be a violation of this article, or permit issued under this article, has occurred and the sole cause was an act of God, war, strike, riot or other catastrophe; and

The user has submitted the following information to the city within twenty-four (24) hours of becoming aware of the event (if this information is provided orally, a written submission must be provided within five (5) days):

(A)

A description of the event and the nature and cause of the event;

(B)

The time period of the event, including exact dates and times or, if not corrected, the anticipated time the event is expected to continue;

(C)

Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the event.

The user seeking to establish an affirmative defense under this section shall have the burden of proof in any enforcement proceeding of providing by a preponderance of evidence that an event that would otherwise be a violation of this article or permit issued under this article, was caused solely by an act of God, war, strike, riot or other catastrophe.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-110; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.081 Accidental discharge.

Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. The facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility. No user who commences contribution to the POTW after the effective date of this article shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Plans approved by or on file with state or federal agencies will be considered sufficient to meet article requirements if reviewed by and on file with the city. Users required to have such plans must review the plan every three (3) years and make such changes as needed to comply with this section and any applicable state and federal laws concerning such plans. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user’s facility as necessary to meet the requirements of this article. Accidental spill and/or slug control plans shall include, at a minimum, the following elements:

(A)

Description of discharge practices, including non-routine batch discharges;

(B)

Description of stored chemicals;

(C)

Procedures for immediately notifying the POTW of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5(b), with procedures for follow-up written notification within five (5) days;

(D)

Procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents) and equipment for emergency response.

In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the accident, specifying the following:

(A)

Location of point of discharge;

(B)

Type of waste or pollutant discharged;

(C)

Concentration and volume of discharge; and

(D)

Corrective action taken at point of discharge.

In addition, within five (5) days following an accidental discharge, the user shall submit to the supervisor a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish kills or any other damage to person or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.

Furthermore, a notice shall be posted with other emergency telephone numbers advising designated employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.

(d)

Complete compliance with this section along with documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the administration against the user for any noncompliance with this article or any wastewater contribution permit issued pursuant to this article which arises out of violations alleged to have occurred during the period of the upset.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-111; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.082 Bypass prohibited.

It shall be unlawful for any person to permit or suffer a bypass under circumstances other than or expressly permitted in this section.

A bypass may be excused if the bypass was unavoidable to prevent loss of life, personal injury or severe property damage, and where there were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. The “no feasible alternatives” criterion is not satisfied if, in the exercise of reasonable engineering judgment, the user should have installed adequate back-up equipment as preventive maintenance or to prevent a bypass that occurred during normal periods of equipment downtime. Users may bypass if they do not exceed effluent limitations and if the bypass was for essential maintenance or to insure efficient facility operations.

§ 12.05.083 Applicability of federal pretreatment standards.

Notice shall be required when a bypass by an industrial user results in the violation of applicable pretreatment standards or requirements (including local limits established in accordance with this article). If the industrial user knows in advance of the need for a bypass, it must give prior notice to the city, if possible at least ten (10) days before the date on which the bypass is to occur. If the bypass is not anticipated, the industrial user must notify the city orally within twenty-four (24) hours of becoming aware of the bypass. This verbal twenty-four (24) hour notice must be followed within five (5) days by a written description of the bypass, its cause, its duration (or if it has not been corrected, how long it is expected to continue), and what remedial action has been taken to rectify the problem.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-112; Ordinance 2020-028 adopted 7/27/20)

When promulgated, federal categorical pretreatment standards for a particular category, if more stringent than the limitations imposed by this article for users in that category or subcategory, shall immediately supersede the limitations imposed under this article. The supervisor shall notify all affected users of the applicable reporting requirements under 40 CFR, part 403.12.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-113; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.084 Modification of federal pretreatment standards.

Where the city wastewater treatment system achieves consistent removal of pollutants limited by federal pretreatment standards, the city may apply to the administrator of the EPA and/or the executive director of the TCEQ for modification of the specific limit(s) in the federal pretreatment standards. “Consistent removal” shall be defined as reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or a harmless state in the effluent as defined by the Code of Federal Regulations (CFR).

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-114; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.085 Requirements for traps.

Any user discharging oil, sand, grease or wastes containing grease in amount that will impede or stop the flow in public sewers or cause the user to violate any limitations set forth in this article shall, at his own cost and expense and as required by the provisions herein, provide interceptors or traps of a type and capacity approved by the city with the following features:

Impervious material construction capable of withstanding abrupt and extreme changes in temperatures;

Watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight;

(3)

Located as to be readily and easily accessible for cleaning and inspection;

(4)

Maintained by the owner or user at his own cost and expense;

(5)

In continuous and efficient operation at all times.

Approval of traps and interceptors shall be obtained from the city engineer or his designee. Approval shall in no way relieve the user from providing traps and/or interceptors of adequate size and design to bring all discharges into compliance with this article. The user shall maintain for a period of at least the previous twelve (12) months records of cleaning of any traps and/or interceptors in his use. These records shall contain at a minimum the name and address of the person performing the cleaning service and the dates the service is performed. Emulsifiers and/or degreasers shall not be acceptable as a substitute for proper cleaning of grease and oil traps.

Any user required to have such traps shall dispose of these wastes in accordance with the laws and regulations of the state concerning such wastes.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-115; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.086 Enforcement response plan.

Any user who is found in violation of any of the conditions of this article shall have such violation(s) corrected in accordance with a predetermined strategy of enforcement in which an appropriate response corresponds to the severity of the violations. This plan implements progressively stringent penalties and/or actions for failure to meet specific compliance deadlines.

Sanctions imposed upon the user shall include, but not be limited to, any or all of the following enforcement orders: Notices of violations, compliance orders, administrative orders, fines, civil and criminal penalties, permit revocation, public notification of violation in the local news media, termination of services, and joint enforcement action by the city, state, and/or federal regulatory agencies. Minor violations escalate into enforcement actions of greater magnitude in the event of recalcitrance by the user until full compliance is achieved.

This plan specifies methods of investigation of the violation, types of escalating enforcement responses for any violation reasonably anticipated by the city and the title of the official(s) responsible for implementing each type of enforcement response. The enforcement response plan enables users of the POTW to anticipate enforcement action by the city.

(Ordinance 2004-015, sec. 3, adopted 6/14/04; 1988 Code, sec. 34-116; Ordinance 2020-028 adopted 7/27/20)

§ 12.05.087 Penalty.

In accordance with the enforcement response plan required herein, any person in violation of any of the provisions of this article may be issued an administrative order requiring compliance and may include an administrative fine not to exceed two thousand dollars ($2,000.00). Each and every day’s continuance of any violation of the provisions of this article shall constitute and be deemed a separate offense.