(a) 
Purpose and policy.
This article sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code section 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations part 403). The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;
(2) 
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;
(3) 
To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(4) 
To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;
(5) 
To enable the city to comply with the National Pollutant Discharge Elimination System permit conditions of the City of Dallas, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.
This article shall apply to all users of the publicly owned treatment works. This article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; and requires user reporting.
(b) 
Administration.
Except as otherwise provided herein, the superintendent of public works (superintendent) shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the superintendent may be delegated by the superintendent to other personnel.
(c) 
Abbreviations.
The following abbreviations, when used in this article, shall have the designated meanings:
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
U.S. Environmental Protection Agency
gpd
Gallons per day
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
POTW
Publicly owned treatment works
RCRA
Resource Conservation and Recovery Act
SIC
Standard industrial classification
TSS
Total suspended solids
U.S.C.
United States Code
(Ordinance 93-0909, sec. 1.1, adopted 9/9/93; Ordinance 93-0909, sec. 1.2, adopted 9/9/93; Ordinance 93-0909, sec. 1.3, adopted 9/9/93)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
Shall is mandatory; may is permissive or directory.
Act or “The Act.”
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
Approval authority.
The regional administrator of the EPA.
Authorized representative of the user.
(1) 
If the user is a corporation:
(A) 
The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
(B) 
The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (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 subsections (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.
Biochemical oxygen demand or BOD.
The quantity of oxygen, expressed in mg/l, utilized in the biochemical oxidation of organic matter by standard methods.
Categorical pretreatment standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 U.S.C. section 1317) which apply to a specific category of users and which appear in 40 CFR chapter I, subchapter N, parts 405–471.
Composite sample.
Composite sample means samples collected during a period of time exceeding fifteen minutes and combined into one sample.
Control authority.
The operator of any part of the POTW if different from the city, e.g., the City of Dallas Water Utilities.
Environmental Protection Agency or EPA.
The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
Existing source.
Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
Grab sample.
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 or discharge.
The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.
Industrial user.
Industrial user means an industry that discharges wastewater into the wastewater system.
Instantaneous maximum allowable discharge limit.
The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference.
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 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.
Medical waste.
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
New source.
(1) 
Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the act 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 at a site at which no other source is located;
(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 subsection (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 herein has commenced if the owner or operator has:
(A) 
Begun, or caused to begin, as part of a continuous on-site construction program:
(i) 
Any placement, assembly, or installation of facilities or equipment; or
(ii) 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
(B) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
Noncontact cooling water.
Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through.
A discharge of pollutants through the city’s wastewater system 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, in whole or in part of a violation of any discharge requirement of the city, including an increase in the magnitude or duration of a violation.
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. This definition includes all federal, state, and local governmental entities.
pH.
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution.
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
Pretreatment requirements.
Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards or standards.
Pretreatment standards shall mean pollutant concentration discharge limitation requirements or standards, categorical pretreatment standards, and local limits. National pretreatment standard means any pretreatment regulations containing pollutant discharge limits that have been established or will be established for industrial users by the United States Environmental Protection Agency.
Prohibited discharge standards or prohibited discharges.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.05.003(a) of this article.
Publicly owned treatment works or POTW.
A “treatment works,” as defined by section 212 of the act (33 U.S.C. section 1292) which is owned by the city and/or the control authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.
Septic tank waste.
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage.
Human excrement and gray water (household showers, dishwashing operations, etc.).
Significant industrial user.
(1) 
A user subject to categorical pretreatment standards; or
(2) 
A user that:
(A) 
Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(B) 
Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;
(C) 
Is designated as such by the superintendent or the control authority on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement; or
(D) 
Is defined as subject to National Categorical Pretreatment Standards by the United States EPA.
(3) 
Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city and/or the control authority may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Slug load or slug.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 13.05.003(a) of this article.
Standard industrial classification (SIC) code.
A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
Stormwater.
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Superintendent (superintendent of public works).
The person designated by the city to supervise the operation of the wastewater collection system, and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.
Suspended solids.
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
User or industrial user.
A source of indirect discharge.
Wastewater.
Liquid and water carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater treatment plant or treatment plant.
That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
(Ordinance 93-0909, sec. 1.4, adopted 9/9/93)
(a) 
Prohibited discharge standards.
(1) 
General prohibitions.
No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(2) 
Specific prohibitions.
No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:
(A) 
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140° F (60° C) using the test methods specified in 40 CFR 261.21;
(B) 
Wastewater having a pH less than 5.5 or more than 10.5;
(C) 
Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;
(D) 
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(E) 
Wastewater having a temperature greater than 150° F (65° C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104° F (40° C);
(F) 
Used motor oil;
(G) 
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems;
(H) 
Trucked or hauled pollutants, except at discharge points designated by the superintendent and/or control authority in accordance with section 13.05.004(c) of this article;
(I) 
Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair;
(J) 
Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant’s effluent, thereby violating the applicable NPDES permit;
(K) 
Wastewater containing any radioactive wastes or isotopes in a manner that will permit a transient concentration higher than 100 microcuries per liter, except in compliance with applicable state or federal regulations;
(L) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, and subsurface drainage, unless specifically authorized by the superintendent and/or the control authority;
(M) 
Sludges, screenings, or other residues from the pretreatment of industrial wastes;
(N) 
Wastewater causing, alone or in conjunction with other sources, the treatment plant’s effluent to fail a toxicity test;
(O) 
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW;
(P) 
Except where the superintendent and/or the control authority have determined that different limits under an industrial waste permit are appropriate, wastewater exceeding 100 mg/l of oils, fats, and grease of the following types:
(i) 
Floatable grease of any origin;
(ii) 
Free or emulsified grease of petroleum or mineral origin, or both, including but not limited to:
a. 
Cooling or quenching oil;
b. 
Lubricating oil;
c. 
Nonbiodegradable cutting oil; and
d. 
Nonsaponifiable oil;
(Q) 
A discharge of water, normal domestic wastewater, or industrial waste that which in quantity of flow exceeds, for a duration of longer than fifteen minutes, more than four times the average twenty-four hour flow during normal operation;
(R) 
Insecticides and herbicides in concentrations that are not amenable to treatment;
(S) 
Polychlorinated biphenyls;
(T) 
Garbage that is not properly shredded to such an extent that all particles will be carried freely under the flow conditions normally prevailing in wastewater mains, with no particle having greater than a one-half (1/2") inch cross-sectional dimension;
(U) 
Wastewater or industrial waste generated or produced outside the city, unless approval in writing from the superintendent and the control authority has been given to the person discharging the waste; or
(V) 
Without the approval of the superintendent and/or control authority, a substance or pollutant other than industrial waste, normal domestic wastewater, septic tank waste or chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or packaged chemical products.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW.
(b) 
National categorical pretreatment standards.
The categorical pretreatment standards found at 40 CFR chapter I, subchapter N, parts 405–471 are hereby incorporated.
(1) 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the superintendent and/or the control authority may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the superintendent and/or the control authority shall impose an alternate limit using the combined wastestream formula in 40 CFR 403.6(e).
(3) 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
(4) 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(c) 
Local limits.
The following pollutant limits are established to protect against pass through and interference. No person shall discharge or cause or permit to be discharged, wastewater containing in excess of the following instantaneous maximum allowable discharge limits:
(1) 
Metals in the form of compounds or elements in solution or suspension in concentrations exceeding the following:
0.5 mg/l arsenic
1.0 mg/l cadmium
5.0 mg/l chromium
4.0 mg/l copper
1.6 mg/l lead
0.01 mg/l mercury
9.0 mg/l nickel
0.2 mg/l selenium
4.0 mg/l silver
5.0 mg/l zinc.
(2) 
Organic chemical substances in concentrations exceeding the following:
21,000.0 mg/l acetone
1.0 mg/l benzene
1.6 mg/l ethyl benzene
26,250.0 mg/l isopropyl alcohol
20,000.0 mg/l methyl alcohol
21,000.0 mg/l acetone
1.0 mg/l benzene
1.6 mg/l ethyl benzene
26,250.0 mg/l isopropyl alcohol
20,000.0 mg/l methyl alcohol
249.0 mg/l methyl ethyl ketone
21.0 mg/l methylene chloride
149.0 mg/l total phenols
3.0 mg/l toluene
2.0 mg/l xylene.
(3) 
1.6 mg/l cyanide or cyanogen compounds.
(4) 
100.0 mg/l oil and grease.
(5) 
10.0 mg/l sulfides.
(6) 
10,000 mg/l BOD5.
(7) 
10,000 mg/l total suspended solids.
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for “total” metal unless indicated otherwise.
(d) 
Right of revision.
The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW.
(e) 
Dilution.
No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(Ordinance 93-0909, sec. 2.1, adopted 9/9/93; Ordinance 93-0909, sec. 2.2, adopted 9/9/93; Ordinance 93-0909, sec. 2.4, adopted 9/9/93; Ordinance 93-0909, sec. 2.5, adopted 9/9/93; Ordinance 93-0909, sec. 2.6, adopted 9/9/93)
(a) 
Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 13.05.003(a) of this article within the time limitations specified by EPA, the state, the control authority, or the superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent for review, and shall be acceptable to the superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article.
(b) 
Accidental discharge/slug control plans.
At least once every two (2) years, the superintendent shall evaluate whether each significant industrial user needs an accidental discharge/slug control plan. The superintendent may require any user to develop, submit for approval, and implement such a plan. Alternatively, the superintendent may develop such a plan for any user. An accidental discharge/slug control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the superintendent of any accidental or slug discharge, as required by section 13.05.007(f) of this article; and
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(c) 
Septage waste.
(1) 
Septage waste may be introduced into the Dallas Central Wastewater Treatment Plant in the manner designated by the control authority, and at such times as are established by the control authority. The control authority may require septic tank waste haulers to obtain wastewater discharge permits.
(2) 
Septage waste generators must provide a manifest form for every load. This form shall include, at a minimum, the name and address of the generator, the waste hauler, permit number, truck identification, disposal site and volume and characteristics of waste. The form shall identify the type of industry, known or suspected waste constituents and whether any wastes are RCRA hazardous wastes. The generator shall retain a completed manifest in its business office for three (3) years after disposal.
(Ordinance 93-0909, sec. 3.1, adopted 9/9/93; Ordinance 93-0909, sec. 3.3, adopted 9/9/93; Ordinance 93-0909, sec. 3.4, adopted 9/9/93)
(a) 
Wastewater analysis.
When requested by the superintendent, a user must submit information on the nature and characteristics of its wastewater within ten (10) days of the request. The superintendent is authorized to prepare a form for this purpose and may periodically require users to update this information.
(b) 
Wastewater discharge permit requirement.
(1) 
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the superintendent, except that a significant industrial user that has filed a timely application pursuant to section 13.05.005(c) of this article may continue to discharge for the time period specified therein.
(2) 
The superintendent may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.
(3) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 13.05.011 and 13.05.012 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(c) 
Wastewater discharge permitting: existing connections.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the superintendent for a wastewater discharge permit in accordance with section 13.05.005(e) of this article, and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the superintendent.
(d) 
Wastewater discharge permitting: new connections.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 13.05.005(e) of this article, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.
(e) 
Wastewater discharge permit application contents.
All users required to obtain a wastewater discharge permit must submit a permit application. The superintendent may require all users to submit as part of an application the following information:
(1) 
All information required by section 13.05.007(a)(2) of this article;
(2) 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;
(3) 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) 
Each product produced by type, amount, process or processes, and rate of production;
(5) 
Type and amount of raw materials processed (average and maximum per day);
(6) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
(7) 
Time and duration of discharges; and
(8) 
Any other information as may be deemed necessary by the superintendent to evaluate the wastewater discharge permit application.
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(f) 
Application signatories and certification.
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(g) 
Wastewater discharge permit decisions.
The superintendent will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the superintendent will determine whether or not to issue a wastewater discharge permit. The superintendent may deny any application for a wastewater discharge permit. The superintendent shall furnish the City of Dallas with a copy of the application and permit within fourteen (14) days after issuance.
(Ordinance 93-0909, sec. 4.1, adopted 9/9/93; Ordinance 93-0909, sec. 4.2, adopted 9/9/93; Ordinance 93-0909, sec. 4.3, adopted 9/9/93; Ordinance 93-0909, sec. 4.4, adopted 9/9/93; Ordinance 93-0909, sec. 4.5, adopted 9/9/93; Ordinance 93-0909, sec. 4.6, adopted 9/9/93; Ordinance 93-0909, sec. 4.7, adopted 9/9/93)
(a) 
Wastewater discharge permit duration.
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(b) 
Wastewater discharge permit contents.
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) 
Wastewater discharge permits must contain:
(A) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
(B) 
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (d) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C) 
Effluent limits based on applicable pretreatment standards;
(D) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
(E) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
(2) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(A) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(B) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(C) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(D) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(E) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(F) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(G) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(H) 
Other conditions as deemed appropriate by the superintendent or the control authority to ensure compliance with this article, and state and federal laws, rules, and regulations.
(c) 
Wastewater discharge permit modification.
The superintendent may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
(3) 
A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Information indicating that the permitted discharge poses a threat to the POTW, city personnel, or the receiving waters;
(5) 
Violation of any terms or conditions of the wastewater discharge permit;
(6) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) 
To correct typographical or other errors in the wastewater discharge permit; or
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator.
(d) 
Wastewater discharge permit transfer.
Wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least thirty (30) days’ advance notice to the superintendent and the superintendent approves the wastewater discharge permit transfer. The notice to the superintendent must include a written certification by the new owner or operator which:
(1) 
States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(2) 
Identifies the specific date on which the transfer is to occur; and
(3) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(e) 
Wastewater discharge permit revocation.
The superintendent and/or the control authority may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(1) 
Failure to notify the superintendent of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the superintendent of changed conditions pursuant to section 13.05.007(e) of this article;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports;
(5) 
Tampering with monitoring equipment;
(6) 
Refusing to allow the superintendent timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay fines;
(9) 
Failure to pay sewer charges;
(10) 
Failure to meet compliance schedules;
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(13) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(f) 
Wastewater discharge permit reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 13.05.005(e) of this article, a minimum of thirty (30) days prior to the expiration of the user’s existing wastewater discharge permit.
(Ordinance 93-0909, sec. 5.1, adopted 9/9/93; Ordinance 93-0909, sec. 5.2, adopted 9/9/93; Ordinance 93-0909, sec. 5.4, adopted 9/9/93; Ordinance 93-0909, sec. 5.5, adopted 9/9/93; Ordinance 93-0909, sec. 5.6, adopted 9/9/93; Ordinance 93-0909, sec. 5.7, adopted 9/9/93)
(a) 
Baseline monitoring reports.
(1) 
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the superintendent a report which contains the information listed in subsection (2) below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the superintendent a report which contains the information listed in subsection (2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2) 
Users described above shall submit the information set forth below.
(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.
(i) 
The categorical pretreatment standards applicable to each regulated process.
(ii) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, 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 subsection (j) of this section.
(iii) 
Sampling must be performed in accordance with procedures set out in subsection (k) of this section.
(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 pursuant to this section must meet the requirements set out in subsection (b) of this section.
(H) 
Signature and certification.
All baseline monitoring reports must be signed and certified in accordance with section 13.05.005(f) of this article.
(b) 
Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by subsection (a)(2)(G) of this section:
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) 
No increment referred to above shall exceed nine (9) months;
(3) 
The user shall submit a progress report to the superintendent 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 reports to the superintendent.
(c) 
Reports on compliance with categorical pretreatment standard deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the superintendent a report containing the information described in subsections (a)(2)(D)–(F) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 13.05.005(f) of this article.
(d) 
Periodic compliance reports.
(1) 
All significant industrial users shall, at a frequency determined by the superintendent but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with section 13.05.005(f) of this article.
(2) 
All wastewater samples must be representative of the user’s discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(3) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the superintendent, using the procedures prescribed in subsection (k) of this section, the results of this monitoring shall be included in the report.
(e) 
Reports of changed conditions.
Each user must notify the superintendent of any planned significant changes to the user’s operations or system which might alter the nature, quality, or volume of its wastewater at least twenty (20) days before the change.
(1) 
The superintendent may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 13.05.005(e) of this article.
(2) 
The superintendent may issue a wastewater discharge permit under section 13.05.005(g) of this article or modify an existing wastewater discharge permit under section 13.05.006(c) of this article in response to changed conditions or anticipated changed conditions.
(3) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of twenty percent (20%) or greater, and the discharge of any previously unreported pollutants.
(f) 
Reports of potential problems.
(1) 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the superintendent at (214)441-6373 and the control authority at (214)670-5700 of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(2) 
A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (1) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(g) 
Reports from unpermitted users.
All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the superintendent as the superintendent may require.
(h) 
Notice of violation/repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must notify the control authority within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within thirty (30) days after becoming aware of the violation. The user is not required to resample if the control authority monitors at the user’s facility at least once a month, or if the control authority samples between the user’s initial sampling and when the user receives the results of this sampling.
(i) 
Notification of the discharge of hazardous waste.
(1) 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c) and (d) of this section.
(2) 
Dischargers are exempt from the requirements of subsection (1), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) 
In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the superintendent, the EPA Regional Waste Management Waste Division Director, and state hazardous waste authorities of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(4) 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(5) 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.
(j) 
Analytical requirements.
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA.
(k) 
Sample collection.
(1) 
Except as indicated in subsection (2), below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the superintendent 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.
(l) 
Timing.
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
(m) 
Recordkeeping.
Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three (3) years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the superintendent or control authority.
(Ordinance 93-0909, sec. 6.1, adopted 9/9/93; Ordinance 93-0909, sec. 6.2, adopted 9/9/93; Ordinance 93-0909, sec. 6.3, adopted 9/9/93; Ordinance 93-0909, sec. 6.4, adopted 9/9/93; Ordinance 93-0909, sec. 6.5, adopted 9/9/93; Ordinance 93-0909, sec. 6.6, adopted 9/9/93; Ordinance 93-0909, sec. 6.7, adopted 9/9/93; Ordinance 93-0909, sec. 6.8, adopted 9/9/93; Ordinance 93-0909, sec. 6.9, adopted 9/9/93; Ordinance 93-0909, sec. 6.10, adopted 9/9/93; Ordinance 93-0909, sec. 6.11, adopted 9/9/93; Ordinance 93-0909, sec. 6.12, adopted 9/9/93; Ordinance 93-0909, sec. 6.13, adopted 9/9/93)
(a) 
Right of entry: inspection and sampling.
The superintendent or the control authority or their authorized representative shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. Users shall allow the inspecting person ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(1) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the inspecting person will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) 
The superintendent or control authority shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(3) 
The superintendent or control authority may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(4) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the superintendent or control authority and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) 
Unreasonable delays in allowing the inspecting person access to the user’s premises shall be a violation of this article.
(b) 
Search warrants.
If the superintendent or control authority representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the superintendent or control authority representative may seek issuance of a search warrant from an appropriate court. For purposes of this section, the superintendent is designated as the code enforcement official of the city.
(Ordinance 93-0909, sec. 7.1, adopted 9/9/93; Ordinance 93-0909, sec. 7.2, adopted 9/9/93)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from the inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the superintendent or control authority, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(Ordinance 93-0909, sec. 8, adopted 9/9/93)
The superintendent shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall mean:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(2) 
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) 
Any other discharge violation that the superintendent believes 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 pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the superintendent’s exercise of his emergency authority to halt or prevent such a discharge;
(5) 
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) 
Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation(s) which the superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
(Ordinance 93-0909, sec. 9, adopted 9/9/93)
(a) 
Notification of violation.
When the superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may serve upon that user a written notice of violation. An explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) 
Show cause hearing.
The superintendent may order a user which has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(c) 
Administrative orders.
When the superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an administrative order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring, management practices designed to minimize the amount of pollutants discharged to the sewer, and pretreatment or control of the quantities and rates of discharge of wastewater to bring the discharge within the limits of this article. An order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does an administrative order relieve the user of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(d) 
Cease and desist orders.
When the superintendent finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(e) 
Emergency suspensions.
The superintendent or control authority may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The superintendent or control authority may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent or control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent or control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent or control authority that the period of endangerment has passed, unless the termination proceedings in subsection (f) of this section are initiated against the user.
(2) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent and the control authority prior to the date of any show cause or termination hearing under subsection (b) or (f) of this section.
Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this subsection.
(f) 
Termination of discharge.
In addition to the provisions in section 13.05.006(e) of this article, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of the pretreatment standards in section 13.05.003 of this article.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (b) of this section why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 93-0909, sec. 10.1, adopted 9/9/93; Ordinance 93-0909, sec. 10.3, adopted 9/9/93; Ordinance 93-0909, sec. 10.4, adopted 9/9/93; Ordinance 93-0909, sec. 10.5, adopted 9/9/93; Ordinance 93-0909, sec. 10.7, adopted 9/9/93; Ordinance 93-0909, sec. 10.8, adopted 9/9/93)
(a) 
Injunctive relief.
When the superintendent or control authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent or control authority may petition the district court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The superintendent or control authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(b) 
Civil penalties.
(1) 
A user who has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) 
The superintendent may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(3) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(c) 
Criminal prosecution; criminal responsibility.
(1) 
A user who violates any provision of this article, a wastewater discharge permit, further regulations and procedures established by the superintendent and/or control authority or an administrative order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine in an amount in accordance with the general penalty provided in section 1.01.009 of this code per violation, per day.
(2) 
A user who introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalty. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) 
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation.
(4) 
Criminal responsibility.
A culpable mental state is not required to prove an offense under this article. A person is criminally responsible for a violation of this article if:
(A) 
The person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or
(B) 
The person owns or manages the property or facilities determined to be the cause of the illegal discharge under section 13.05.003(a), (b), or (c), 13.05.004(c), or 13.05.005(b).
(d) 
Remedies nonexclusive.
The remedies provided for in this article are not exclusive. The superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the superintendent may take other action against any user when the circumstances warrant. Further, the superintendent is empowered to take more than one enforcement action against any noncompliant user.
(e) 
Applicability of more stringent regulations.
(1) 
If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this article.
(2) 
Applicability of more stringent discharge limits.
An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:
(A) 
If the governmental entity has more stringent discharge limits than those prescribed by this article, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as a part of the governmental entity’s wastewater pretreatment program, the more stringent discharge limits shall prevail.
(B) 
The superintendent is authorized to issue a discharge permit to an industrial user affected by subsection (A), to ensure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the superintendent may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the superintendent an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(C) 
If the superintendent chooses not to issue or amend a permit under subsection (B), the superintendent shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(D) 
The more stringent discharge limits cease to apply upon termination of the city’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity or the United States Environmental Protection Agency. The superintendent shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (D).
(3) 
Variances in compliance dates.
The superintendent may grant a variance in compliance dates to an industry when, in the superintendent’s opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the superintendent grant a variance in compliance dates to an industry affected by National Categorical Pretreatment Standards beyond the compliance dates established by the United States Environmental Protection Agency.
(4) 
Authority to regulate.
The superintendent may establish regulations, not in conflict with this article or other laws, to control the disposal and discharge of industrial waste into the wastewater system and to ensure compliance of the city’s pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made a part of any discharge permit issued to an industrial user by the superintendent.
(Ordinance 93-0909, sec. 11.1, adopted 9/9/93; Ordinance 93-0909, sec. 11.2, adopted 9/9/93; Ordinance 93-0909, sec. 11.3, adopted 9/9/93; Ordinance 93-0909, sec. 11.4, adopted 9/9/93; Ordinance 93-0909, sec. 11.5, adopted 9/9/93)
(a) 
Upset.
(1) 
For the purposes of this section, “upset” means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(2) 
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3), below, are met.
(3) 
A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(A) 
An upset occurred and the user can identify the cause(s) of the upset;
(B) 
The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(C) 
The user has submitted the following information within twenty-four (24) hours of becoming aware of the upset:
(i) 
A description of the indirect discharge and cause of noncompliance;
(ii) 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(iii) 
Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(4) 
In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(5) 
Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(6) 
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(b) 
Bypass.
(1) 
For the purposes of this section:
(A) 
Bypass.
The intentional diversion of wastestreams from any portion of a user’s treatment facility.
(B) 
Severe property damage.
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) 
A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (3) and (4) of this subsection.
(3) 
Notice.
(A) 
If a user knows in advance of the need for a bypass, it shall submit prior notice to the superintendent, at least ten (10) days before the date of the bypass, if possible.
(B) 
A user shall submit oral notice to the superintendent of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The superintendent may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(4) 
Prohibited bypass.
(A) 
Bypass is prohibited, and the superintendent may take an enforcement action against a user for a bypass, unless:
(i) 
Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(iii) 
The user submitted notices as required under subsection (3) of this section.
(B) 
The superintendent may approve an anticipated bypass, after considering its adverse effects, if the superintendent determines that it will meet the three conditions listed in subsection (4)(A) of this section.
(Ordinance 93-0909, sec. 13.1, adopted 9/9/93; Ordinance 93-0909, sec. 13.3, adopted 9/9/93)