Ordinance No. 6,191Tuesday, March 31, 1992
Wednesday, April 1, 1992
•
ORDINANCE NO. 6191
920326 -3
AN ORDINANCE TO AMEND CHAPTER 34 "WASTE DISPOSAL" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS BY ADDING ARTICLE IV
"INDUSTRIAL WASTEWATER PRETREATMENT ", ESTABLISHING A WASTEWATER
PRETREATMENT PROGRAM FOR THE CITY OF BAYTOWN APPLYING TO NONDO-
MESTIC CONTRIBUTORS TO THE MUNICIPAL WASTEWATER SYSTEM; CONTAIN-
ING A STATEMENT OF PURPOSE AND OBJECTIVES; COMPLYING WITH LAWS
PROMULGATED UNDER THE CLEAN WATER ACT AND GENERAL PRETREATMENT
REGULATIONS; DEFINING TERMS AND ABBREVIATIONS; ESTABLISHING
STANDARDS PROHIBITING DISCHARGE OF CERTAIN POLLUTANTS OR DIS-
CHARGES WHICH MAY CAUSE PASS THROUGH OR INTERFERENCE; INCORPORAT-
ING NATIONAL STANDARDS FOR FEDERAL CATEGORICAL PRETREATMENT;
SETTING MAXIMUM ALLOWABLE CONCENTRATIONS OF HEAVY METALS; RESERV-
ING THE CITY'S RIGHT TO REVISE THE PROGRAM AS NEEDED, PROHIBITING
DILUTION OF DISCHARGES IN LIEU OF ADEQUATE TREATMENT; REQUIRING
INDUSTRIAL USERS TO ESTABLISH SAFEGUARDS AGAINST ACCIDENTAL
DISCHARGES AND REQUIRING SUBMISSION OF PLANS TO PREVENT ACCIDEN-
TAL DISCHARGES; REQUIRING NOTICE TO THE CITY AND TO EMPLOYEES OF
ACCIDENTAL DISCHARGES; ESTABLISHING PROCEDURES AND REQUIREMENTS
FOR PERMIT APPLICATIONS; REQUIREMENTS FOR APPROVAL OF PERMITS;
PROVIDING FOR TERMINATION OF UTILITY SERVICE IN THE EVENT OF
DENIAL OF PERMIT APPLICATIONS; PROVIDING PROCEDURES FOR APPEALING
DENIALS OF PERMIT APPLICATIONS; PROVIDING FOR REVISION OF PERMIT
REQUIREMENTS WHEARE NEEDED TO COMPLY WITH NEWLY PROMULGATED NA-
TIONAL CATEGORICAL PRETREATMENT STANDARDS AND REQUIRING SUBMIS-
SION OF ADDITIONAL PERMIT APPLICATIONS IN SUCH EVENT; PROHIBITING
TRANSFER OR REASSIGNMENT OF PERMITS; PROVIDING CIRCUMSTANCES IN
WHICH PERMITS MAY BE SUSPENDED OR REVOKED AND PROCEDURES FOR
PERMIT REVOCATION OR SUSPENSION; PROVIDING MEASUREMENT REPORTING
REQUIREMENTS AND REPORT CERTIFICATION REQUIREMENTS AND PERIODIC
COMPLIANCE REPORTS FOR CATEGORICAL USERS; REQUIRING SAMPLING AND
PROVIDING MEASUREMENT STANDARDS; AUTHORIZING ESTABLISHMENT OF
COMPLIANCE SCHEDULES, TIMETABLES, AND DEADLINES; AUTHORIZING AND
REQUIRING INSPECTION AND SAMPLING OF EFFLUENT BY THE CITY OF
BAYTOWN; REQUIRING SELF MONITORING AND CERTIFICATION STATEMENTS
BY SIGNIFICANT INDUSTRIAL USERS; REQUIRING NOTIFICATION OF
CHANGED DISCHARGE OR POTENTIAL PROBLEMS; REQUIRING REPORTS AND
CERTIFICATION FOR INDUSTRIAL USERS DISCHARGING NONREGULATED WASTE
AND NOTIFICATION OF ANY CHANGE IN DISCHARGE; ESTABLISHING NOTIFI-
CATION AND REPORTING REQUIREMENTS FOR VIOLATION OF PRETREATMENT
STANDARDS AND OUTLINING EXCEPTIONS THERETO; ESTABLISHING METHODS,
TIMETABLES AND REPORTING REQUIREMENTS FOR SAMPLE COLLECTION AND
ANALYSIS THEREOF; INCORPORATING PROVISIONS OF FEDERAL LAW ESTAB-
LISHING CRIMINAL PENALTIES FOR MAKING FRAUDULENT OR FALSE STATE-
MENTS; AUTHORIZING RIGHT OF ENTRY ON BEHALF OF THE CITY TO IN-
SPECT USER RECORDS AND MONITOR COMPLIANCE; AUTHORIZING ISSUANCE
OF SEARCH WARRANTS TO CITY CODE ENFORCEMENT OFFICIALS UPON SHOW-
ING OF PROBABLE CAUSE THAT A FIRE OR HEALTH HAZARD OR UNSAFE
BUILDING CONDITION OR NUISANCE EXISTS; ESTABLISHING CIRCUMSTANCES
• IN WHICH INFORMATION SUBMITTED UNDER THESE REGULATIONS MAY BE
AVAILABLE TO THE PUBLIC; PROVIDING FOR ANNUAL PUBLICATION OF A
LIST OF USERS INSIGNIFICANT NONCOMPLIANCE AND ESTABLISHING
CRITERIA FOR SIGNIFICANT NONCOMPLIANCE; PROVIDING FOR ADMINISTRA-
TIVE REMEDIES TO CORRECT VIOLATIONS; REQUIRING THAT A PLAN FOR
CORRECTION OF VIOLATIONS BE SUBMITTED BY THE USER WITHIN THIRTY
1
•
DAYS OF NOTICE OF THE VIOLATION FROM THE DIRECTOR; EMPOWERING THE
DIRECTOR TO ENTER INTO CONSENT ORDERS AND OTHER AGREEMENTS WITH
USERS TO INSURE VOLUNTARY COMPLIANCE; PROVIDING A USER WITH
OPPORTUNITY TO REQUEST A SHOW CAUSE HEARING BEFORE ANY PROPOSED
ENFORCEMENT ACTION, OTHER THAN EMERGENCY SUSPENSION, TERMINATION
OF DISCHARGE, OR CEASE OR DESIST ORDER, IS TAKEN; OUTLINING THE
FORM AND MANNER BY WHICH THE USER MUST BE NOTIFIED OF THE OPPOR-
TUNITY FOR SUCH HEARING OR BY WHICH AN EXTENSION OF THE TIME IN
WHICH SUCH HEARING MAY BE REQUESTED; PROVIDING FOR APPOINTMENT OF
A NEUTRAL HEARING OFFICER DESCRIBING THE AUTHORITY OF SAID HEAR-
ING OFFICER AND THE PROCEDURE TO BE FOLLOWED AT SAID HEARING;
ALLOWING USER TO REQUEST THAT A REPRESENTATIVE OF THE DEPARTMENT
BE PRESENT AT THE HEARING; AUTHORIZING THE DIRECTOR TO ORDER
SEWER SERVICE TO BE DISCONTINUED FOR USERS WHO VIOLATE THIS
ORDINANCE OR ORDERS ISSUED HEREUNDER, BUT WHICH DO NOT INVOLVE A
PASS THROUGH OR INTERFERENCE; AUTHORIZING THE DIRECTOR TO ORDER
NONCOMPLYING USERS TO TAKE REASONABLY NECESSARY AND APPROPRIATE
STEPS TO ADDRESS THE NONCOMPLIANCE; AUTHORIZING THE DIRECTOR TO
ISSUE CEASE AND DESIST ORDERS TO NONCOMPLYING USERS; PROVIDING
FOR ADMINISTRATIVE FINES OF UP TO TWO THOUSAND AND N01100
($2,000.00) DOLLARS PER VIOLATION AND COLLECTION PROCEDURES
THEREFORE; ESTABLISHING A LIEN ON USER'S PROPERTY TO SECURE
PAYMENT OF UNPAID CHARGES, FINES, AND PENALTIES; ALLOWING USERS
TO REQUEST A HEARING TO DISPUTE SUCH FINES, CHARGES, OR PENAL-
TIES; AUTHORIZING EMERGENCY SUSPENSION OF TREATMENT SERVICE
AND /OR WASTEWATER PERMITS, PROVIDING FOR NOTICE THEREOF, REQUIR-
ING COMPLIANCE THEREWITH, AND REQUIRING A WRITTEN STATEMENT BY
AFFECTED USERS OF PREVENTIVE MEASURES TAKEN AS A RESULT OF THE
TRIGGERING EVENT; AUTHORIZING TERMINATION OF DANGEROUS DIS-
CHARGES; AND AUTHORIZING ADMINISTRATIVE PENALTIES AND JUDICIAL
RELIEF FOR ENFORCEMENT THEREOF; PROVIDING OPPORTUNITY FOR A POST
ENFORCEMENT HEARING AND REQUIRING NOTICE THEREOF; AUTHORIZING THE
DIRECTOR SEEK INJUNCTIVE RELIEF FROM A COURT OF COMPETENT JURIS-
DICTION TO REMEDY VIOLATIONS OF THIS ORDINANCE, OR PERMITS OR
ORDERS ISSUED THEREUNDER; AUTHORIZING CIVIL PENALTIES OF UP TO
TWO THOUSAND AND N01100 ($2,000.00) DOLLARS FOR VIOLATIONS OF
THIS ORDINANCE, OR ORDERS, RULES, OR REGULATIONS ISSUED THEREUN-
DER, AS WELL AS ADDITIONAL RELIEF AT LAW OR EQUITY AND RECOVERY
OF ATTORNEY'S FEES AND COSTS; PROVIDING A FINE OF UP TO TWO
THOUSAND AND NO 1100 ($2,000.00) DOLLARS FOR VIOLATION OF THIS
ORDINANCE OR ANY ORDER OR PERMIT ISSUED HEREUNDER, OR FOR KNOW-
INGLY MAKING ANY FALSE STATEMENTS OR REPRESENTATION REQUIRED BY
THIS ORDINANCE; ESTABLISHING UPSET AND BYPASS AS AFFIRMATIVE
DEFENSES TO PROSECUTION FOR DISCHARGE VIOLATIONS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
2
•
Article IV "Industrial Wastewater Pretreatment ",
"Purpose and Policy" to read as follows:
Sec. 34 -51. PURPOSE AND POLICY
Section 34 -51
A. Purpose. This article sets forth uniform requirements
for direct and indirect contributors into the wastewater
collection and treatment system for the City of Baytown,
Texas, and enables the City to comply with all applicable
State and Federal laws required by the Clean Water Act
(33 U.S.C. 1251 et sea.) and the General Pretreatment
Regulations [40 CFR Part 4031.
B. Objectives. The objectives of this article are:
1. To prevent the introduction of pollutants into the
municipal wastewater system which will interfere
with the operation of the system or contaminate
the resulting sludge;
2. To prevent the introduction of pollutants into the
municipal wastewater system which will pass
through system, inadequately treated, into receiv-
ing waters or the atmosphere or otherwise be in-
compatible with the system;
3. To improve the opportunity to recycle and reclaim
wastewaters and sludges from the system; and
4. To provide for equitable distribution of the cost
of the municipal wastewater system
5. To insure that composition of sludge will allow
its use and disposal to be in compliance with all
Local, State and Federal statutes and regulations
6. To protect the health and welfare of the general
public and all the POTW personnel
7. To enable the City of Baytown to comply with NPDES
permit conditions, sludge use and disposal re-
quirements and any other applicable Federal or
State laws.
S. To prevent property damage.
3
This article provides for the regulation of direct and
indirect contributors to the municipal wastewater system through
the issuance of permits to certain nondomestic users and through
enforcement of general requirements for the other users, author-
izes monitoring and enforcement activities, requires user report-
ing, assumes that existing customer's capacity will not be pre-
empted and provides for the setting of fees for the equitable
distribution of costs resulting from the program established
herein.
C. Jurisdiction.
This article shall apply to the City of Baytown and to
persons and entities outside the City who are, by
contract or agreement with the City, users of the City
POTW. This article is an amendment to Chapter 34 of the
City of Baytown Code of Ordinances.
Except as otherwise provided herein, the Director of
Public Works of the City of Baytown shall administer, im-
plement and enforce the provisions of this article.
The requirements of this article shall apply to all
areas within the extraterritorial limits of the City of
Baytown, as established by the Texas Revised Civil Statutes
and as they shall be amended, and shall apply to all users
of the water and sewer system of the City of Baytown, re-
E' gardless of location.
D. Applicability.
This article shall apply to all nondomestic users of
the City of Baytown publicly owned treatment works
(the "POTW ") which discharge directly or indirectly
into the POTW's sanitary system. In addition, it
shall be unlawful for any nondomestic user located
outside the city limits to continue discharges to the
POTW except as provided in Section 34 -53. D. 1., 2.,
and 3.
'k- 4
�W�.
0
•
Section 2: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -52
"Definitions" to read as follows:
Sec. 34 -52. DEFINITIONS
For the purpose of this article the following words and
phrases shall have the meanings respectively ascribed to
them by this section:
1. Act or "the act ": means Federal Water Pollution Control
Act, also known as'the Clean Water act, as amended, 33
U.S.C. 1251, et sea,
2. Approval Authority: means Region VI Administrator of the
U.S.E.P.A. or his duly authorized representative.
3. Authorized Representative of the Industrial User: means
the reports required by this section shall include the
certification statement as set forth in 40 CFR 403.6 (a)
(2)(11), and shall be signed as follows:
(a) By a responsible corporate officer, if the Industrial
User submitting the reports is a corporation. For the
purpose of this paragraph, a responsible corporate
officer means:
(i) a President, secretary, treasurer, or vice -
president of the corporation in charge of a
principal business function, or any person with
similar policy- or decision - making responsibili-
ties for the corporation or,
(if) the manager of one or more manufacturing, pro-
duction, or operation facilities employing more
than 250 persons or having gross annual sales or
expenditures exceeding $25 million (in second -
quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(b) By a general partner or proprietor if the Industrial
User submitting the reports is a partnership or sole
proprietorship respectively.
(c) By a duly authorized representative of the individual
designated in paragraph 3. (a) or 3. (b) of this
section if:
(1) The authorization is made in writing by the
individual described in paragraph 3. (a) or
3. (b) of this section;
5
�J
(ii) The authorization specified either an individual
or a position having responsibility for the over-
all operation of the facility from which the In-
dustrial Discharge originates, such as the posi-
tion of plant manager, operator of a well, or
wellfield superintendent, or a position of equi-
valent responsibility for environmental matters
for the company; and
(iii) the written authorization is submitted to the
Director.
(d) If an authorization under paragraph 3. (c) of this
section is no longer accurate because of a different
individual or position has responsibility for the
overall operation of the facility, or overall
responsibility for environmental matters for the
company, a new authorization satisfying the re-
quirements of paragraph 3. (c) of this section
must be submitted to the City prior to or con -
temporaneouusly with any reports to be signed by an
authorized representative.
9. Biochemical Oxygen Demand (BOD): means the quantity of
oxygen by weight, expressed in mg /1, utilized in the bio-
chemical oxidation of organic matter under standard
laboratory conditions for five (5) days at a temperature
of twenty (20) degrees centigrade.
5. City (or individuals representing the City): means the
City of Baytown, Texas, or any authorized person acting in
its behalf.
6. Control Authority: refers to the POTW of the City of
Baytown..
7. Director: means the director of the public works depart-
ment of the City of Baytown, or his authorized deputy,
agent, or representative.
8. Environmental Protection Agency or EPA: means the United
States Environmental Protection Agency.
9. Flow Proportional Composite Sample: means a sampling method
which combines discrete aliquots of a sample collected over
time, based on the flow of the wastestream being sampled.
There are two methods used to collect this type of sample.
One method collects a constant sample volume at time in-
tervals which may vary based on the stream flow [e.g., 200
milliliters (ml) sample collected for every 5,000 gallons
discharged]. The other method collects aliquots of varying
volume, based on stream flow, at constant time intervals.
6
1 •
10. Grab Sample: means an individual sample collected over a
period of time not exceeding 15 minutes.
11. Indirect Discharge or Discharge: means the introduction of
pollutants into a POTW from any nondomestic source regulated
under section 307(b), (c) or (d) of the Act.
12. Industrial User: the terms "Industrial User" or "User"
means a source of Indirect Discharge.
13. Interference: the term "interference" means a Discharge
which, alone or in conjunction with a discharge or dis-
charges from other sources, both: (1) Inhibits or dis-
rupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and, (2) There-
fore is a cause of a violation of any requirement of the
POTW's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage
sludge use or disposal in compliance with the following
statutory provisions and regulations or permits issued
thereunder (or more stringent State or local regulations), or
Section 405 of the Clean Water Act, the Solid Waste Disposal
Act (SWDA) (including Title II, more commonly referred to as
the Resource Conservation and Recovery Act (RCRA), and in-
cluding State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the
(SWDA), the Clean Air Act, the Toxic Substances Control
Act, and the Marine Protection, Research and Sanctuaries
Act.
14. Maximum Allowable Discharge Limit: means the highest
allowable discharge.
15. National Pretreatment Standard, Pretreatment Standards or
Standards: means any regulation containing pollutant dis-
charge limits promulgated by the EPA in accordance with
Section 307 (b) and (c) of the Act, which applies to
Industrial Users. This term includes prohibitive dis-
charge limits established pursuant to 40 CFR 403.5.
16. New Source: means any building, structure, facility or in-
stallation 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: or
•
(b) The building, structure, facility or installation
totally replaces the process or production equip-
ment that causes the discharge of pollutants at an
existing source: or
(c) The production or wastewater generating processes
of the building, structure, facility or installa-
tion 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 in-
tegrated 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.
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 build-
ing, structure, facility or installation meeting the
criteria of paragraphs 16. (b), or 16. (c) of
this section but otherwise alters, replaces, or adds
to existing process or production equipment.
Construction of a new source as defined under this
paragraph has commenced if the owner or operator has:
(d) Begun, or caused to begin as part of a continuous
onsite construction program:
(i) Any placement, assembly, or installation of
facilities or equipment; or
(ii) Significant site preparation work including
clearing, excavation, or removal of existing
buildings, structures, or facilities which is
necessary for the placement, assembly, or
installation of new source facilities or
equipment; or
(e) 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 sub-
stantial loss, and contracts for feasibility,
engineering, and design studies do not constitute
a contractual obligation under this paragraph.
• 17. Noncontact Cooling Water: means water used for cooling
which does not come into contact with any raw material,
intermediate product, waste product or finished product.
8
/•
18. Nondomestic User: means any person who discharges, causes
or permits the discharge of wastewater from any facility
other than a residential unit.
19. Operator: means the person responsible for the overall
operation of a facility.
20. Owner: means the person, or persons, who owns a facility
or part of a facility.
21. Pass Through: means a discharge which exits the POTW into
waters of the United States, or any State, in quantities or
concentrations which, alone or in conjunction with a dis-
charge or discharges from other sources, is a cause of a
violation of any requirement of the POTW's NPDES permit
(including an increase) in the magnitude or duration of a
violation.
22. Person: means and includes corporation, organization,
government, or governmental subdivision or agency, business
trust, estate, trust, partnership association, and any other
legal entity.
23. pH: means the logarithm (Base 10) of the reciprocal of the
hydrogen ion concentration.
24. Pollutant: means dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radio-
active materials, (except those regulated under the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)),
heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal, and agricultural waste
discharged into water. It does not mean:
(a) Sewage from vessels; or
(b) Water, gas, or other material which is injected into a
well to facilitate production of oil or gas, or water
derived in association with oil and gas production and
disposed of in a well, if the well used either to
facilitate production or for disposal purposes is ap-
proved by authority of the State in which the well is
located, and if the State determines that the injection
or disposal will not result in the degradation of
ground or surface water resources.
9
•
•
25. Pretreatment: the term "Pretreatment" means the reduction
of the amount of pollutants, the elimination of pollutants,
or the alteration of the nature of pollutant properties in
wastewater prior to or in lieu of discharging or otherwise
Introducing such pollutants into a POTW. The reduction or
alteration may be obtained by physical, chemical or bio-
logical processes, process changes or by other means,
except as prohibited by 40 CFR 403.6(d). Appropriate pre-
treatment technology includes control equipment, such as
equalization tanks or facilities, for protection against
surges or slug loadings that might interfere with or other-
wise be incompatible with the POTW. However, where waste-
water from a regulated process is mixed in an equalization
facility with unregulated wastewater or with wastewater
from another regulated process, the effluent from the
equalization facility must meet an adjusted pretreatment
limit calculated in accordance with 40 CFR 403.6(e).
26. Pretreatment Requirements: means any substantive or pro-
cedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial
User.
27. Publicly Owned Treatment Works or POTW: means a treatment
works as defined by section 212 of the Act, which is owned
by a State or municipality (as defined by section 502(4) of
the Act). This definition includes any devices and systems
used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature.
It also includes sewers, pipes and other conveyances only
if they convey wastewater to a POTW Treatment Plant. The
term also means the municipality as defined in section
502(4) of the Act, which has jurisdiction over the Indirect
Discharges to and the discharges from such a treatment
works.
28. Significant Industrial User: means
(a) All dischargers subject to Categorical Pretreatment
standards under 40 CFR Chapter I, Subchapter N; and
10
•
•
. .. Ii". W
(b) All noncategorical dischargers that, in the opinion of
the Director, have a reasonable potential to adversely
affect the POTW's operation, or that contribute a pro-
cess wastestream which makes up five percent or more
of the average dry weather hydraulic or organic ca-
pacity of the POTW treatment plant, or that discharge
an average of 25,000 gallons per day or more of process
wastewater to the POTW. However, the Director need not
designate as Significant any noncategorical Industrial
User that, in the opinion of the Director and with the
agreement of the Approval Authority, has no potential
for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
Any noncategorical Industrial User designated as
Significant may petition the Director to be deleted
from the list of Significant Industrial Users on the
grounds that it has no potential for adversely af-
fecting the POTW's operation or violating any pre-
treatment standard or requirement.
(c) Blowdown: means the minimum discharge of recir-
ulating water for the purpose of discharging
materials contained in the water, the further build-
up of which would cause concentration in amounts
exceeding limits established by best engineering
practice.
(d) Noncontact Cooling Water Pollutants: means pollutants
present in noncontact cooling waters.
(e) Process Waste Water: means any water which, during
manufacturing or processing, comes into direct contact
with or results from the production or use of any raw
material, intermediate product, finished product, by-
product, or waste product.
(f) Process Waste Water Pollutants: means pollutants pre-
sent in process water.
29. Slug load or Slug: means any discharge of water, waste-
water, or industrial waste which in concentration of any
given constituent or in quantity of flow, exceeds for any
period of duration longer than fifteen (15) minutes more
than five (5) times the average twenty -four (24) hour con-
centration or flows during normal operation.
11
•
30. Standard Industrial Classification (SIC) Code: means a
classification pursuant to the Standard Industrial
Classification Manual currently issued by the Executive
Office of the President, Office of Management and Budget.
The SIC defines industries in accordance with the com-
position and structure of the economy and covers the entire
field of economic activities.
31. Storm Water: means rainfall or any other forms of pre-
cipitation.
32. Suspended Solids: means solids measured in mg /l that
either float on the surface of, or are in suspension
in, water, wastewater, or other liquids, and which are
largely removable by a laboratory filtration device.
33. Toxic Pollutant: means one of 126 pollutants, or
combination of those pollutants, listed as toxic in
regulations promulgated by the EPA under the pro-
vision of Section 307 (33 U.S.C. 1317) of the Act.
34. Wastewater: means a combination of the water carried
waste from residences, business buildings, institutions,
and industrial establishments, together with any ground,
surface, and storm water that may be present.
35. As used herein the term "shall" is mandatory in regards
to any action to be taken; "may" is permissive or dis-
cretionary. The use of the singular "shall" be con-
strued to include the plural and the plural "shall"
include the singular as indicated by the context of
its use.
12
0
•
ABBREVIATIONS
The following abbreviations shall have the following meanings:
( 1) "BOD5" means five -day biochemical oxygen demand;
( 2) "COD" means chemical oxygen demand;
( 3) "TOC" means total organic carbon;
( 4) "TDS" means total dissolved solids;
( 5) "TSS" means total suspended non - filterable solids;
( 6) "kw" means kilowatt(s);
( 7) "kwh" means kilowatt hour(s);
( 8) "Mw" means megawatt(s);
( 9) "Mwh" means megawatt hour(s);
(10) "hp" means horsepower;
(11) "mm" means millimeter(s);
(12) "cm" means centimeter;
(13) "m" means meter(s);
(14) "in." means inch;
(15) "ft" means foot (feet);
(16) 111" means liter(s);
(17) "cu m" means cubic meter(s);
(18) "k cu m" means 1000 cubic meter(s);
(19) "gal" means gallon(s);
(20) "cu ft" means cubic foot (feet);
(21) "mg" means milligram(s);
(22) "g" means gram(s);
(23) "kg" means kilogram(s);
(24) "kkg" means 1000 kilogram(s);
(25) "lb" means pound(s);
(26) "sq m" means square meter(s);
(27) "ha" means hectare(s);
(28) "sq ft" means square foot (feet);
(29) "ac" means acre(s);
(30) "CBOD" means carbonaceous biochemical oxygen demand;
(31) 11mg /1" means milligrams per liter;
(32)'"CFR" means Code of Federal Regulations
(33) "EPA" means U.S Environmental Protection Agency
(34) "NPDES" means National Pollutant Discharge Elimination
System
(35) "0 &M" means Operation and Maintenance
(36) "POTW" means Publicly Owned Treatment Works
(37) "RCRA" means Resource Conservation and Recovery Act
(38) "SIC" means Standard Industrial Classifications
(39) "SWDA" means Solid Waste Disposal Act (42 U.S.C.
6901, et sea.)
(40) "USC" means United States Code
13
I
Section 3: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -53
"General Sewer Use Requirements" to read as follows:
Sec. 34 -53. GENERAL SEWER USE REQUIREMENTS
A. Prohibited Discharge Standards
A User shall not introduce into a POTW any pollutant(s)
which may cause Pass Through or Interference. These
general prohibitions and the specific prohibitions in
paragraph (b) of this section apply to each User
introducing pollutants into a POTW whether or not the
User is subject to other National Pretreatment Stand-
ards or any National, State, or Local Pretreatment
Requirements.
B. Specific Prohibitions
In addition, the following pollutants shall not be
introduced into a POTW:
1. Pollutants which
hazard in the PO'
to, wastestreams
of less than 140
Centigrade using
40 CFR 261.21.
create a fire or explosion
rW, including, but not limited
with a closed cup flashpoint
degrees Fahrenheit or 60 degrees
the test methods specified in
2. Pollutants which may, in the opinion of the Director,
cause corrosive structural damage to the POTW, but in
no case Discharges pH lower than 6.0.
3. Solid or viscous pollutants in amounts which may, in
the opinion of the Director, cause obstruction to the
flow in the POTW resulting in Interference;
4. Any pollutant, including oxygen demanding
pollutants (HOD, etc.) released in a Discharge
at a flow rate and /or pollutant concentration
which may, in the opinion of the Director, cause
Interference with the POTW.
5. Heat in amounts which may, in the opinion of the
Director, inhibit biological activity in the POTW
resulting in Interference, but in no case heat in
such quantities that the temperature at the POTW
Treatment Plant exceeds 40 degrees Centigrade (104
degrees Fahrenheit).
6. Petroleum oil, or petroleum oil products, non -
biodegradable cutting oil, or products of mineral
oil origin in amounts that may, in the opinion of the
Director, cause Interference or Pass Through;
14
•
7. Pollutants which result in the presence of toxic
gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and
safety problems;
8. Any trucked or hauled pollutants.
n
U
C. Federal Categorical Pretreatment
1. National Pretreatment Standards specifying
quantities or concentrations of pollutants or
pollutant properties which may be discharged
to a POTW by existing or new Industrial Users
in specific industrial subcategories will be
established as separate regulations under the
applicable subpart of 40 CFR chapter I, sub-
chapter N. These Standards, unless specifically
noted otherwise, shall be in addition to all
applicable Pretreatment Standards and Require-
ments.
2. Pursuant to 40 CFR 403.8 each POTW shall develop
and enforce specific limits to implement the
prohibitions listed in paragraphs D. 1. and
D. 3. of this section. Each POTW with an
approved Pretreatment program shall continue to
develop these limits as necessary and effectively
enforce such limits.
Where specific prohibitions or limits an pollutants
or pollutant parameters are developed by a POTW
in accordance with the paragraph above, such limits
shall be deemed Pretreatment Standards for the
purposes of section 307 (d) of the Act.
D. Specific Pollutant Limitations
1. The maximum allowable concentrations of heavy
metals stated in terms of milligrams per liter
(mg /1), determined on the basis of individual
sampling in accordance with "Standard Methods"
are:
15
•
( 1)
Arsenic
0.02
mg /1;
( 2)
Barium
5.0
mg /1;
( 3)
Cadmium
0.02
mg /1;
( 4)
Chromium (Total)
5.0
mg /l;
( 5)
Copper
1.0
mg /l;
( 6)
Cyanide
0.1
mg /1;
( 7)
Lead
0.1
mg /1;
( 8)
Mercury
0.005
mg /l;
( 9)
Nickel
1.0
mg /1;
(10)
Selenium
0.02
mg /l;
(11)
Silver
0.1
mg /1;
(12)
Zinc
5.0
mg /1.
2. No other heavy metals or toxic pollutants may be
discharged into public sewers without a permit from
the Approving Authority specifying conditions of
Pretreatment, concentrations, volumes, and other
applicable provisions.
3. Prohibited heavy metals and toxic materials in-
clude, but are not limited to:
( 1) Antimony,
( 2) Beryllium,
( 3) Bismuth,
( 4) Cobalt,
( 5) Molybdenum,
( 6) Tin,
( 7) Uranyl ion,
E. City's Right of Revision
( 8) Rhenium,
( 9) Strontium,
(10) Tellurium,
(11) Herbicides,
(12) Fungicides,
(13) Pesticides.
The City reserves the right to establish by Ordinance
more stringent limitations or requirements on discharge
to the wastewater disposal system if deemed necessary
to comply with the objectives presented in Purpose and
Policy, or to secure any other objectives within the
Police Powers of the City of Baytown.
F. Dilution - Prohibited
Except where authorized to do so by an applicable
Pretreatment Standard or Requirement, no Industrial
User shall ever increase the use of process water, or
in any other way attempt to dilute a discharge as a
partial or complete substitute for adequate treatment
to achieve compliance with a Pretreatment Standard or
Requirement. The Director may impose mass limitations
on Industrial Users which are using dilution to meet
applicable Pretreatment Standards or Requirements, or
in other cases where the imposition of mass limitations
Is appropriate.
16
Section 4:, That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -54
"Accidental Discharge ", to read as follows:
Sec. 34 -54. ACCIDENTAL DISCHARGE
A. Pretreatment Facilities
Industrial Users shall provide necessary wastewater
treatment as required to comply with this ordinance
and shall achieve compliance with all Categorical
Pretreatment Standards, Local limits and the pro-
hibitions set out in Section 34 -53 above, within
the time limitations specified by the EPA, the State,
or the Director - - whichever is more stringent. Any
facilities required to pretreat wastewater to a level
acceptable to the Director shall be provided, operated,
and maintained at the Industrial User's expense. Detailed
plans showing the pretreatment facilities and operating
procedures shall be submitted to the Director for review,
and shall be acceptable to the Director before construc-
tion of the facility. The review of such plans and operat-
ing procedures will in no way relieve the Industrial
User from the responsibility of modifying the facility
as necessary to produce an acceptable discharge to the
City of Baytown under the provisions of this Article.
B. Policy
Each User shall provide protection from accidental
discharge of prohibited materials or other substances
regulated by this Article. Facilities to prevent
accidental discharge of prohibited materials shall be
provided and maintained at the owner or user's own cost
and expense. Detailed plans showing facilities and
operating procedures to provide this protection shall
be submitted to the Director for review, and shall be
approved by the Director before construction of the
facility. All existing Users shall complete such plant
within 180 days from the date of passage of the Article.
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 Director.
Review and approval of such plans and operating proce-
dures shall not relieve the Industrial User from the
responsibility to modify the User's facility as necessary
to meet the requirements of this Article. In the case of
an accidental discharge, it is the responsibility of the
User to immediately telephone and notify the POTW of the
Incident. The notification shall include location of dis-
charge, type of waste, concentration and volume, and
corrective actions.
17
0
C. Written Notice
Within five (5) days following an accidental discharge,
the User shall submit to the Director 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.
D. Notice To Employees
Employer shall ensure that all appropriate employees be
advised of notification procedures to be used in the
event of an accidental discharge.
Section 5: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -55
"Protection From Damage ", to read as follows:
Sec. 34 -55. PROTECTION FROM DAMAGE
No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which
is part of the sewage works. Any person violating this
provision shall be guilty of a misdemeanor and fined in
accordance with the penalty provisions set out under Sec.
34 -64. C. herein.
Section 6: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -56
"Wastewater Discharge Permit Application" to read as follows:
Sec. 34 -56. WASTEWATER DISCHARGE PERMIT APPLICATION
A. Wastewater Survey
All applicants shall complete a wastewater discharge
permit application approved by the Director.
18
1
B. Deny /Condition New or Increased Contributions
iA
The POTW shall have legal authority to:
Deny or condition new or increased contributions of
pollutants, or changes in the nature of pollutants,
to the POTW by Industrial Users where such conditions
do not meet applicable Pretreatment Standards and
Requirements or where such contributions would cause
the POTW to violate its NPDES permit;
C. The POTW Shall Have Legal Authority To:
Control through permit, order, or similar means, the
contribution to the POTW by each Industrial User to
ensure compliance with applicable Pretreatment
Standards and Requirements.
In the case of the Significant Industrial Users
under 40 CFR 403.3 (t), this control shall be
achieved through permits or equivalent individual
control mechanisms issued to each such User.
D. Other Industrial Users
1. Persons or owners discharging industrial wastes
which exhibit any of the prohibited wastes set
out in Specific Pollutant Limitations shall pre-
treat or otherwise dispose of such industrial
waste to make the remaining waste acceptable to
the City water utilities.
2. Persons or owners discharging industrial wastes
which exhibit none of the characteristics of
wastes prohibited in Specific Pollutant Limita-
tions other than excessive B.O.D. or suspended
solids, but having a concentration level four (4)
times greater (for a fifteen minute duration) than
that of "normal" sewage as measured by suspended
solids and biochemical oxygen demand (B.O.D) or
a concentration level during a twenty -four hour
period averages a suspended solids level of B.O.D.
content in excess of "normal" sewage as defined in
Section 34 -11. of Article II of this chapter as
"normal domestic wastewater ", shall be required to
pretreat the industrial wastes to meet the required
levels of "normal ", sewage.
19
. Section 7: That Chapter 34 "Waste Disposal" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -57
"Permit Requirements ", to read as follows:
Sec. 34 -57. PERMIT REQUIREMENTS
A. All nondomestic users must notify the Director of the
nature and characteristics'of their wastewater prior to
commencing their discharge. The Director is authorized
to prepare a form for this purpose.
B. It shall be unlawful for Significant Industrial Users
to discharge wastewater, either directly or indirectly,
into the City's sanitary sewer system without first
obtaining an Industrial User Pretreatment Permit from
the Director. Any violation of the terms and conditions
of an Industrial User Pretreatment Permit shall be deemed
a violation of this chapter. Obtaining an Industrial
User Pretreatment Permit does not relieve a permittee
of its obligation to obtain other permits required by
Federal, State, or Local law.
C. The Director may require that other industrial users,
including liquid waste haulers, obtain Industrial User
Pretreatment Permits as necessary to carry out the pur-
poses of this chapter.
D. Any Industrial User located beyond City limits shall
submit a permit application in accordance with Section
34 -58. below within 30 days of the effective date
of this Article. New Industrial Users located beyond
City limits shall submit such applications to the
Director 60 days prior to discharging into the sanitary
sewer. Upon review and approval of such application,
the Director may enter into a contract with the User
which requires the User to subject itself to, and abide
by, this chapter, including all permitting, compliance
monitoring, reporting, and enforcement provisions herein.
E. Existing Connections
Any Significant Industrial User which discharges non -
domestic waste into the sanitary sewer system prior to
the effective date of this Article and who wishes to
continue such discharges in the future, shall within
90 days after said date, apply to the Director for an
Industrial User Pretreatment Permit and shall not cause
or allow discharges to the POTW to continue after 180
days from and after the effective date of this Article
• except in accordance with a permit issued by the Director.
20
•
F. New Connections
Any Significant Industrial User proposing to begin or
recommence discharging nondomestic wastes into the
sanitary sewer system must obtain a Pretreatment Permit
prior to beginning or recommencing such discharge. An
application for this permit must be filed at least 90
days prior to the anticipated start -up date.
Section 8: That Chapter 34 "Waste Disposal ", of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -58
"Permit Application" to read as follows:
Sec. 34 -58. PERMIT APPLICATION
A. In order to be considered for a Pretreatment Permit,
all Industrial Users required to have a permit must
submit the following information on an application
form approved by the Director.
1. Name, address, and location (if different from
the address) state of incorporation, if applicable
2. Standard Industrial Classification (SIC) code of
both the industry as a whole and any processes for
which Federal categorical standards have been
promulgated
3. Wastewater constituents and characteristics in-
cluding any pollutants in the discharge which
are limited by Federal, State or Local standards.
Sampling and analysis will be taken in accordance
with 40 CFR Part 136
4. Time and duration of the discharge
5. Daily maximum, daily average, and monthly average
wastewater flow rates, including daily, monthly,
and seasonal variations, if any
6. Description of activities, facilities, and plant
processes on the premises, including a list of
all raw materials and chemicals used at the facility
which are or could accidentally or intentionally
be discharged to the POTW
7. The site plans, floor plans and mechanical and
plumbing plans and details to show all sewers,
. floor drains, and appurtenances by size, location
and elevation
8. Each product produced by type, amount, process or
processes and rate of production
21
;;,:
•
9. Type and amount of raw materials processed
(average and maximum per day)
10. Number and type of employees, and hours of operation,
and proposed or actual hours of operation of the
Pretreatment system
11. Whether additional operation and maintenance (0 &M)
and /or additional Pretreatment is required for the
User to meet all applicable Federal, State and
Local standards. If additional Pretreatment and /or
0 &M will be required to meet the Standards, then the
Industrial User shall indicate the shortest time
schedule necessary to accomplish installation or
adoption of such additional treatment and /or 0 &M.
The completion date in this schedule shall not be
longer than the compliance date established for the
applicable Pretreatment Standard. The following
conditions apply to this schedule:
(a) The schedule shall contain progress incre-
ments in the form of dates for the commence-
ment 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 hiring an engineer, completing pre-
liminary plans, completing final plans, com-
mencing construction, completing construction,
beginning operation, and conducting routine
operation).
No increment referred to in (a) above shall
exceed nine (9) months, nor shall the total
compliance period exceed eighteen (18) months.
(b) No later than fourteen (14) days following each
date in the schedule and the final date for
compliance, the User shall submit a progress
report to the Director 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. In no
event shall more than nine (9) months elapse
between such progress reports to the Director.
12. Any other information as may be deemed by the
Director to be necessary to evaluate the permit
application.
13. All plans required in Section 34 -56. A. must be
certified for accuracy by a professional engineer
registered in the State of Texas.
22
• 14. All applications must contain the following cer-
tification statement and be signed in accordance
with subsections (a), (b), (c) or (d) below:
"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 sub-
mitted. Based on my inquiry of the person or
persons who manage the system, or those persons
directly responsible for gathering the informa-
tion, 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, in-
cluding the possibility of fine and imprisonment
for knowing violations."
(a) By a responsible corporate officer, if the
Industrial User submitting the reports is a
corporation. For the purpose of this para-
graph a responsible corporate officer means:
(i) A president, secretary, treasurer, or
vice- president of the corporation in
charge of a principal business function,
or any other person with similar policy -
or decision - making responsibilities for
the corporation, or
(ii) The manager of one or more manufactur-
ing, production, or operation facili-
ties employing more than 250 persons
or having gross annual sales or ex-
penditures exceeding $25 million (in
second - quarter 1980 dollars), if
authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate bylaws and
procedures
(b) By a general partner or proprietor if the
Industrial User submitting the reports is a
partnership or sole proprietorship re-
spectively
(c) The principal executive officer or director
having responsibility for the overall opera -
tion of the discharging facility if the
Industrial User submitting the reports is a
Federal, State, or Local governmental entity,
or their agents.
23
•
(d) By a duly authorized representative of the
individual designated in paragraph (a), (b)
or (c) of this section if:
(i) The authorization is made in writing by
the individual described in paragraph
(a), (b) or (c)
(ii) The authorization specified either an
individual or a position having re-
sponsibility for the overall operation
of the facility from which the Indus-
trial User Discharge originates, such as
the director, or a position of equiva-
lent responsibility, or having overall
responsibility for environmental matters
for the company; and
(iii) The written authorization is submitted
to the Director
(e) If an authorization under paragraph (d) of
this section is no longer accurate because
a different individual or position has re-
sponsibility for the overall operation of
the facility, or overall responsibility for
environmental matters for the company, a new
authorization satisfying the requirements of
paragraph (d) of this section must be sub-
mitted to the Director prior to or together
with any reports to be signed by an author-
ized representative.
15. The Director will evaluate the data furnished by the
Industrial User and may require additional information.
After evaluation of the data furnished, the Director
may issue an Industrial User Pretreatment Permit sub -
ject to terms and conditions provided therein.
15. Wastewater Discharge Permit Application Shall Contain
(a) The unit charge or schedule of user charges and
fees for the wastewater to be discharged to a
City sewer;
(b) Limits on average and maximum rate and time of
discharge or requirements for flow regulations
and equalization;
• (c) Requirements for installation and maintenance
of inspection and sampling facilities;
(d) Compliance schedules;
24
•
•
(e) Requirements for maintaining and retaining
plant records relating to wastewater dis-
charge as specified by the City, and af-
fording City access thereto;
(f) Requirements for notification of the City of
any new introduction of wastewater constituents
or any substantial change in the volume or
character of the wastewater constituents
being introduced into the wastewater treatment
system;
(g) Other conditions as deemed appropriate by the
City to ensure compliance with this Article.
17. Application Signatories and Certification Statement
A statement, reviewed by an authorized representative
of the Industrial User (as defined in Definitions in
Sec. 34 -52. 3.) and certified to by a qualified professional,
indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional
operation and maintenance (OEM) and /or additional pre-
treatment is required for the Industrial User to meet
the Pretreatment Standards and Requirements.
18. Wastewater Discharge Permit Contents:
(a) Statement of duration (in no case more than three
(3) years);
(b) Statement of non - transferability without, at a
minimum, prior notification to the POTW and pro-
vision of a copy of the existing control mechanism
to the new owner or operator;
(c) Effluent limits based on applicable general Pre-
treatment Standards in 40 CFR Part 403, categorical
Pretreatment Standards, Local limits, and State
and Local law;
(d) Self- monitoring, sampling, reporting, notification
and recordkeeping requirements, including an identi-
fication of the pollutants to be monitored, sampling
location, sampling frequency, and sample type, based
on the applicable general Pretreatment Standards
in 40 CFR 403, categorical Pretreatment Standards,
Local limits, and State and Local law;
25
•
(e) Statement of applicable civil and criminal penal-
ties for violation of Pretreatment Standards and
Requirements, and any applicable compliance schedule.
Such schedules may not extend the compliance date
beyond applicable Federal deadlines.
•
19. Wastewater Discharge Permit Appeals
(a) Except as provided in Sec. 34 -63, subsection g
and h, of this Article, the Director shall give
ten (10) days prior notice to any person whose
utilities are to be terminated pursuant to the
provisions of this Article. Any such notice shall
specify the reasons for the proposed termination
and inform the affected person of the appeal
procedure provided herein. If, within
said ten -day period, the Director receives notice
that such person requests a hearing, the effective
date of the termination shall be automatically
delayed at least until the date set by the Director
for a hearing. The Director shall select a hearing
date, giving the person appealing the decision at
least three (3) days notice thereof.
(b) Any person whose application for a permit is denied,
whose permit is suspended or revoked pursuant to
this Article or whose service is being terminated
shall be given notice thereof. Any such notice
shall specify the reasons for this decision and
inform the affected person of the appeal procedure
provided herein. If any such affected person
desires a hearing, he shall file a notice of
appeal with the Director no later than ten (10)
days after his receipt of the Director's official
notice of decision.
(c) The Director of the Department of Public Works
shall establish rules not inconsistent with this
section governing hearing procedures.
(d) The Director of the Department of Public Works
shall appoint a qualified individual who was not
involved in the original decision to deny the
Permit, to serve as hearings examiner to hear
appeals. The Hearings Examiner shall be authorized to
affirm, deny or modify the Director's initial
decision.
26
9' J
Ll
(e) The Hearings Examiner may, in lieu of termination of
service, require any or all of the following:
(1) administer penalties not to exceed $2,000
per day.
(ii) impose special permit conditions
(iii) impose mandatory compliance schedules
(iv) or take any other action which he deems
Just and equitable.
(f) If the Director of Public Works determines that a
discharge from an Industrial User presents an
immiment threat that:
(i) the health of City employees or the public
will be endangered, or
(ii) a likelihood that the City's treatment plant
permit parameters (including sludge) will
be violated
Then the City may immediately terminate water /waste
water service and provide a hearing as described
herein within three (3) days of initial termination.
(g) To be effective under this section, a notice shall
be in writing and either:
(i) Be delivered in person to the person (or his
agent) entitled to receive such notice; or
(ii) Be sent by United States Certified Mail,
return receipt requested, to the person
(or his agent) entitled to receive notice.
20. Wastewater Discharge Permit Modifications
Within nine (9) months of the promulgation of a National
Categorical Pretreatment Standard, the wastewater dis-
charge permit to Users subject to such Standards shall
be revised to require compliance with such Standards
within the time frame prescribed by such Standard. Where
a User, subject to National Categorical Pretreatment
Standards, has not previously submitted an application
for a wastewater discharge permit as required by the Act,
said User shall apply for a wastewater discharge permit
within 180 days after the promulgation of the applicable
National Pretreatment Standard. In addition, the User
with an existing wastewater discharge permit shall submit
to the Director within 180 days after the promulgation
of an applicable Federal Categorical Pretreatment Standard
the information required under 40 CFR Section 403.12.
27
0
U
The Director shall notify all Industrial Users of the
existence of Requirements under Sections 204 (b) and
405 of the Act and Subtitles C and D of the Resource
Conservation and Recovery Act.
21. Wastewater Discharge Permit Transfer
Wastewater Discharge Permits are issued to a specific
User for a specific operation at a specific location.
A Wastewater Discharge Permit shall not be reassigned
or transferred or sold to a new owner, new User, different
premises, or a new or changed operation without the ap-
proval of the Director.
22. Wastewater Discharge Permit Revocation
The Director is authorized to suspend or revoke any
permit issued and terminate service at any time that
the permittee:
(a) Violates any of the provisions of any City ordinance
pertaining to sewage disposal into the City sewers, or
(b) Discharge waste in a quantity or a quality violating
the provisions of the permit or otherwise pro-
hibited by the Article or other related City Ordinances.
(c) If a permittee violates any conditions of its permit,
the permittee shall submit written notice to the
Director within fifteen (15) days of such violation
outlining the steps which will be taken to effectuate
correction of such violation. The violation shall be
corrected within thirty (30) days after the occurrence
of such violation, unless a different time schedule
for correction is approved by the Director.
(d) If the Director of Public Works discovers a violation
of a permit condition, the Director will give
written notice of such violation to the permittee,
and the permittee shall within fifteen (15) days
after receipt of such notice furnish the Director
in writing with proposed action which will be taken
to effectuate correction of such violation.
28
• 23. Wastewater Discharge Permit Reissuance
The User shall apply for permit reissuance by sub-
mitting a complete permit application a minimum of
ninety (90) days prior to the expiration of the User's
existing permit.
Section 9: That Chapter 34 "Waste Disposal ", of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -59
"Reporting Requirements ", to read as follows:
Sec. 34 -59. REPORTING REQUIREMENTS
A. Baseline Monitoring Reports
Within 180 days after the effective date of a Categorical
Pretreatment Standard, existing Industrial Users subject
to such Categorical Pretreatment Standards and currently
discharging to or scheduled to discharge to the City
POTW shall be required to submit to the Director a report
which contains the information listed in the following
paragraphs of this section. Where reports containing
this information already have been submitted to the
Director of U.S. E.P.A., Region 6, compliance with the
requirement of 40 CFR 128.140 (b) (1977), the Industrial
User will not be required to submit this information again.
At least 90 days prior to commencement of discharge, New
Sources, and sources that become Industrial Users subse-
quent to the promulgation of an applicable Categorical
Standard, shall be required to submit to the Director a
report which contains the information listed in paragraphs
1., 2., 3., 4., and 5. of this section. New Sources
shall also be required to include in this report Informa-
tion on the method of pretreatment the source intends to
use to meet applicable Pretreatment Standards. New Sources
shall give estimates of the information requested in
paragraphs 4. and 5. of this section:
1. Identifying Information: The User shall submit
the name and address of the facility including
the name of the operator and owners;
2. Permits: The User shall submit a list of any
environmental control permits held by or for the
facility;
3. Description of Operations: The User shall submit
a brief description of the nature, average rate of
production, and Standard Industrial Classification
of the operation(s) carried out by such Industrial
User. This description should include a schematic
process diagram which indicates points of Discharge
to the POTW from the regulated processes.
29
4. Flow Measurement: The User shall submit information
showing the measured average daily and maximum daily
flow, in gallons per day, to the POTW from each of
the following:
(a) Regulated process streams; and
(b) Other streams as necessary to allow use of the
combined wastestream formula of 403.6 (e).
The Director may allow for verified estimates
of these flows where Justified by cost or
feasibility considerations. Such estimates
shall be verified by a Certified Professional
Engineer.
5. Measurement of Pollutants:
(a) The User shall identify the Pretreatment
Standards applicable to each regulated process.
(b) In addition, the User shall submit the results
of sampling and analysis, identifying the nature
and concentration (or mass, where required by
Standard or Director) of regulated pollutants
in the Discharge from each regulated process.
Both daily maximum and average concentration
(or mass, where required) shall be reported.
The sample shall be representative of daily
operations;
(c) A minimum of four (4) grab samples must be used
for pH, cyanide, total phenols, oil and grease,
sulfide, and volatile organics. For all other
pollutants, 24 -hour composite samples must be
obtained through flow- proportional composite
sampling techniques where feasible. The Director
may waive flow - proportional composite sampling
for any Industrial User that demonstrates that
flow - proportional sampling is not feasible due
to the nature of the operation. In such cases,
samples may be obtained through time- proportional
composite sampling techniques or through a
minimum of four (4) grab samples where the User
demonstrates to a reasonable certainty that this
will provide a representative sample of the
effluent being discharged.
30
i(d) The User shall take a minimum of one repre-
sentative sample to compile that data neces-
sary to comply with the requirements of this
paragraph.
(e) Samples should be taken immediately down-
stream from pretreatment facilities if such
exist or immediately downstream from the
regulated process if no pretreatment exists.
If other wastewaters are mixed with the
regulated wastewater prior to pretreatment
the User should measure the flows and con-
centrations necessary to allow use of the
combined wastestream formula of 40 CFR
403.6 (e) in order to evaluate compliance
with the Pretreatment Standards. Where an
alternate concentration or mass limit has
been calculated in accordance with 40 CFR
403.6 (e) this adjusted limit along with
supporting data shall be submitted to the
Director.
•
(f) Sampling and analysis shall be performed in
accordance with the techniques prescribed in
40 CFR Part 136 and amendments thereto. Where
40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in
question, or where the Administrator of
U.S. Environmental Protection Agency, Region
VI, or his authorized representative, determines
that the Part 136 sampling and analytical tech-
niques are inappropriate for the pollutant in
question, sampling and analysis shall be per-
formed by using methodology outlined in
"Standard Methods" or any other applicable
sampling and analytical procedures, including
procedures suggested by the POTW or other
parties, approved by the Administrator of
U.S. Environmental Protection Agency, Region VI.
(g) The Director may allow the submission of a
baseline report which utilizes only his-
torical data so long as the data provides
information sufficient to determine the need
for Industrial Pretreatment measures;
31
• (h) The baseline report shall indicate the time,
date and place, of sampling, and methods of
analysis, and shall certify that such sampling
and analysis is representative of normal work
cycles and expected pollutant Discharges to
the POTW.
6. Certification: A statement, reviewed by an
authorized representative of the Industrial User
(as defined in Sec. 34-52 of this Article)
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 (0 &M) and /or
additional pretreatment is required for the
Industrial User to meet the Pretreatment Standards
and Requirements.
7. All sampling and analysis required by this section
shall be performed by an independent laboratory
which has been approved by the Director. All costs
of such sampling and analysis shall be borne by
the User.
B. Authority To Establish Compliance Schedules
If additional pretreatment and /or 0 &M will be required
to meet the Pretreatment Standards; the shortest
schedule by which the Industrial User will provide such
additional pretreatment and /or 0 &M. The completion date
in this schedule shall not be later thin the compliance
date established for the applicable Pretreatment Standard,
and
The following conditions shall apply to the schedule
required by the previous paragraph:
1. The schedule shall contain increments of progress
in the form of dates for the commencement and
completion of major events leading to the con-
struction and operation of additional pretreatment
required for the Industrial User to meet applicable
Categorical Pretreatment Standards, including but
not limited to hiring an engineer, completing pre-
liminary plans, completing final plans, executing
contract for major components, commencing con-
struction, completing construction, etc.). No in-
crement referred to in this paragraph shall exceed
nine (9) months.
32
• 2. Not later than fourteen (14) days following each
date in the schedule and the final date for com-
pliance, the Industrial User shall submit a pro-
gress report to the Director including, at a minimum,
whether or not it complied with the increment of
progress to be met on such date and, if not, the
date on which it expects to comply with this incre-
ment of progress, the reason for delay, and the
steps being taken by the Industrial User to return
the construction to the schedule established. In
no event shall more than nine (9) months elapse
between such progress reports to the Director.
C. Report 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 Industrial User subject to Pretreatment
Standards and Requirements shall submit to the Director
a report containing the information described in Sec.
34 -59. A. 4.1 5., and 6. of this Article. For Industrial
Users subject to equivalent mass or concentration limits
established by the Director in accordance with the pro-
cedures in (40 CFR 403.6(c)) this report shall contain
a measure of the User's long term production rate
based on a production period of at least thirty (30) days.
For all other Industrial 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.
D. Categorical Industrial User Periodic Compliance Reports
Any Industrial User subject to a Categorical Pretreatment
Standard, after the compliance date of such Pretreatment
Standard, or, in the case of a New Source, after com-
mencement of the discharge into the POTW, shall submit
to the Director during the months of June and December,
unless required more frequently in the Pretreatment
Standard or by the Director or the Approval Authority,
a report indicating the nature and concentration of
pollutants in the effluent which are limited by such
Categorical Pretreatment Standards. In addition, this
report shall include a record of measured or estimated
33
• average and maximum daily flows for the reporting
period for the discharge reported in Sec. 34 -59. A. 4.
except that the Director may require more detailed
reporting of flows. At the discretion of the Director
and in consideration of such factors as local high
or low flow rates, holidays, budget cycles, etc.,
the Director may agree to alter the months during
which the above reports are to be submitted.
E. Non - categorical SIU Compliance Reports
The Director shall require appropriate reporting from
those Industrial Users with discharges that are not
subiect to Categorical Pretreatment Standards. Non -
categorical Significant Industrial Users shall submit
to the Director at least once every six (6) months
(on dates specified by the Director) a description of
the nature, concentration, and flow of the pollutants
required to be reported by the Director. These reports
shall be based on sampling and analysis performed in
the period covered by the report, and performed in ac-
cordance with the techniques described in 40 CFR Part
136 and amendments thereto.
Where 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question,
or where the Administrator determines that the Part
136 sampling and analytical techniques are inappropriate
for the pollutant in question, sampling and analysis shall
be performed by using validated analytical methods as out-
lined in "Standard Methods" or any other applicable
sampling and analytical procedures, including procedures
suggested by the POTW or other persons, approved by the
Administrator. This sampling and analysis may be per-
formed by the Director in lieu of the Significant
Industrial User. Where the POTW itself collects all the
information required for the report, the Non - categorical
Significant Industrial User will not be required to sub-
mit this report.
F. Report Due Dates and Requirements For Sampling To Be
Performed During Reporting Period
1. The reports required in Sec. 34 -59. C., D., and E.
of this Article shall contain the results of
sampling and analysis of the discharge, including
the flow and the nature and concentration, or
production and mass where requested by the Director,
of pollutants contained therein which are limited
by the applicable Pretreatment Standards.
34
•
(2) The reports required in Sec. 34 -59. C., D., and
E. of this Article shall be based upon data
obtained through appropriate sampling and analysis
performed during the period covered by the report,
which data is representative of conditions occurring
during the reporting period. The Director shall
require that frequency of monitoring necessary to
assess and assure compliance by Industrial Users
with applicable Pretreatment Standards and Require-
ments.
G. Inspection and Sampling Of Industrial Users by POTW At
Least Once Per Year
The POTW shall: Randomly sample and analyze the
effluent from Industrial Users and conduct surveil-
lance activities in order to identify, independent
of information supplied by Industrial Users, oc-
casional and continuing noncompliance with Pretreat-
ment Standards. Inspect and sample the effluent from
each Significant Industrial User at least once a year.
Such inspection and sampling and analysis thereof
shall be performed on behalf of the POTW by an in-
dependent laboratory at the request of the Director.
All costs of such inspection, sampling, and analysis
shall be borne by the User. Evaluate, at least once
every two years, whether each such Significant In-
dustrial User needs a plan to control slug discharges.
For purposes of this subsection, a slug discharge is
any discharge of a non - routine, episodic nature, in-
cluding but not limited to an accidental spill or a
non - customary batch discharge. The results of such
activities shall be available to the Approval
Authority upon request.
H. Self- monitoring Requirements For Significant Industrial Users
The reports required in Sec. 34.59 A., C., and
D. of this Article shall contain the results of
sampling and analysis of the Discharge, including the
flow and the nature and concentration (or production and
mass where requested by the Director) of pollutants con-
tained therein which are limited by the applicable Pre-
treatment Standards.
I. Certification Statements
Any person signing the permit application statement shall
make the certification as stated in Sec. 34 -58. A. 14.
35
•
J. Notification Of Changed Discharge
All Industrial Users shall promptly notify the POTW in
advance of any substantial change in the volume or
character of pollutants in their discharge, including
the listed or characteristic hazardous wastes for which
the Industrial User has submitted initial notification
under 40 CFR 403.12(p).
K. Notice Of Potential Problems, (Including Slug Loading)
All Categorical and Non - categorical Industrial Users shall
notify the POTW immediately of all discharges that could
cause any difficulties in meeting the objectives of this
Article as defined herein, including any slug loadings,
as defined by 40 CFR 403.5(b), by the Industrial User.
L. Reports Required For Non - significant /Minor Users
A Permit Endorsement is issued to Industrial Users that
certify no industrial wastewater is currently discharged
to the City's sanitary sewer. The Industrial Waste
Permit is issued based on that certification.
1. Non - categorical Industrial Users
All Industrial Users not identified as Categorical
industrial Users under 40 CFR 403.6 and 40 CPR
Chapter I subsection N must maintain a written log
of all waste material that goes to an offsite disposal
facility. The log shall be available for inspection
by the Industrial Wastewater Service for a minimum of
three (3) years after the waste material has left the
Users facility.
Should any process change, including discharging
wastewater from any new or existing process to the
sanitary sewer, application must be made at least
thirty (30) days prior to the proposed change.
2. Categorical Industrial Users
(a) All Industrial Users subject to Federal Categorical
Pretreatment Regulations are required to submit
Semi - Annual Compliance Reports. During the months
of June and December, it is required that a report
be submitted to the Director with a certification
that no regulated wastestreams were discharged
to the sanitary sewer during the preceding six
(6) month reporting period.
36
•
(b) If any person plans to begin discharging industrial
waste from any regulated process operation to the
City's sanitary sewer system it is a require-
ment of 40 CPR 403.12(b) that existing
sources that become indirect dischargers
after the promulgation of an applicable
Categorical Pretreatment Standard must sub-
mit a baseline monitoring report to the
Director at least ninety (90) days prior to
the commencement of discharges to the POTW.
The report must provide information on the
method of Pretreatment the User proposes
to meet applicable Standards. For
new sources, the Industrial User may provide
estimates of the production, flow and the
quality and presence of regulated pol-
lutants in its waste stream.
(c) All Industrial Users subject to Federal Categorical
Pretreatment Regulations must maintain a written
log of all waste material that goes to an offsite
disposal facility. The log shall be available for
Inspection by the Industrial Wastewater Service
for a minimum of three (3) years after the waste
material has left the Users facility.
M. If sampling performed by an Industrial User indicates a
violation of the applicable Pretreatment Standards, the
User shall notify the Director 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 Director within thirty (30) days
after becoming aware of the violation, except the Industrial
User is not required to resample if:
1. The Director performs sampling at the Industrial
User at a frequency of at least once per month or
2. The Director performs sampling at the User between
the time when the User performs its initial sampling
and the time when the User receives the results of
this sampling.
Any repeat sampling and analysis required by
this section shall be performed by an independent
laboratory acceptable to the Director. All costs
of such repeat sampling and analysis shall be
borne by the User.
37
• N. Analytical Requirements
•
Sampling and analysis shall be performed in accordance
with the techniques prescribed in 40 CFR Part 136 and
amendments thereto. Where 40 CFR Part 136 does not contain
sampling or analytical techniques for the pollutant in
question, or where the Administrator determines that the
Part 136 sampling and analytical techniques are inap-
propriate for the pollutant in question, sampling and
analysis shall be performed by using validated analytical
methods or any other applicable sampling and analytical
procedures, including procedures suggested by the POTW
or other parties, approved by the Administrator.
0. Method of Sample Collection
1. Sampling of Effluent Waste Discharges: Sampling of
the effluent of waste discharges may be accomplished
manually or by use of mechanical equipment to obtain
a composite sample which would be representative of
the total effluent. Samples shall be taken at six -
month intervals to establish the BOD and suspended
solids of the industrial waste or at such intervals
as determined by the Director as necessary to main-
tain a control over the discharges from the permittee.
The method used in the examination of all industrial
wastes to determine BOD, suspended solids, chlorine
demand and prohibited wastes shall be set forth in
"Standard Methods ".
(a) The foregoing is not applicable in connection
with the following:
(i) A permit application;
(ii) Demonstration of compliance after violations
of any discharge standard; or
(iii) Permit requirements of a permittee which
specifies sampling frequency. Tests made
on representative samples collected by the
Director shall be made at such intervals
as the Director may designate, so long as
samples are taken not less than on an annual
basis.
38
. (b) Samples may be taken and tests made at the Director's
option without notice to the permittee, and such
test results made by the Director shall fix the
applicable user charge established herein; provided,
however, with regard to establishment of user charges,
a permittee may request in writing for permission to
conduct self - monitoring by an independent laboratory
approved by the Director. Such request must be ap-
proved in writing by the Director. If approved by
the Director, all costs of such composite sampling
and analyses shall be borne by the permittee. The
Director's approval of sampling analyses performed
by an independent laboratory does not prevent
representatives of the Department from taking
additional samples at its option without notice to
the permittee. The Director may use the self -
monitoring results in determining the user charge.
(c) Written notice from the Director approving sampling
and analyses by an independent laboratory to
establish user charges hereunder may be canceled
by the Director by giving written notice of such
cancellation to the permittee.
(d) Sampling shall be conducted according to methods
acceptable to the Director. If, after receiving
the permit application, the Director determines
the operations or characteristics of the producer's
industrial waste discharge require composite sampling,
the Director may require same, which shall be provided
by the producer on the basis of an average workday.
otherwise, the analysis will be made on the basis of
grab samples. The discharge parameter values for
which reports are required must be determined by one
of the standard analytical test procedures incorporated
by referenced, and described in, 40 CFR 136.3, Tables
IA, IB, IC, ID, and IE or by an alternate test pro-
cedure which has been approved by the Director under
the provisions of 136.4 and 136.5. Under certain
circumstances (136.3(b) or (c) or 40 CFR 401.13) other
test procedures may be used that may be more ad-
vantageous when such other test procedures have been
previously approved by the Administrator, and providing
the Director does not object to the use of such
alternate test procedure.
Under certain circumstances, the Administrator
may approve, upon recommendation by the Director of
the Environmental Monitoring and Support Laboratory,
Cincinnati, additional /alternate test procedures
• for nationwide use.
39
. (e) Sample preservation procedures, container
materials, and maximum allowable holding times
for parameters cited in Tables IA, IB, IC, ID,
and IE 40 CFR 136.3 are presecribed in Table II,
40 CFR 136.3. Any person may apply for a
variance from the prescribed preservation tech-
niques, container materials, and maximum holding
times applicable to samples taken from a specific
discharge. Application for variances must be made
in writing to the Administrator. Sufficient data
should be provided to assure such variance does
not adversely affect the integrity of the sample.
Such data will be forwarded by the Regional
Administrator to the Director of the Environmental
Monitoring and Support Laboratory in Cincinnati,
Ohio for technical review and recommendations
for action on the variance application.
n
U
Upon receipt of the recommendations from the
Director of the Environmental Monitoring and
Support Laboratory, the Regional Administrator
may approve a variance applicable to the specific
discharge by the applicant. A decision to ap-
prove or deny approval of a variance will be
made within ninety (90) days of receipt of the
application by the Regional Administrator. Upon
approval by the Administrator, the applicant
may then present the request for the variance to
the City Council of the City of Baytown.
P. Record Keeping
1. Any Industrial User and POTW subject to the reporting
requirements established in this Article shall main-
tain records of all information resulting from any
monitoring activities required by this Section. Such
records shall include the following for all samples:
(a) The date, exact place, method, and time of
sampling and the name of the person or persons
taking the samples;
(b) The dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques /methods used; and
(e) The results of such analyses.
40
2. Any Industrial User or POTW subject to the reporting
requirements established in this section shall be
required to retain for a minimum of three (3) years
any records of monitoring activities and results
(whether or not such monitoring activities are re-
quired by this section) and shall make such records
available for inspection and copying by the Director
and the Regional Administrator (and POTW in the case
of an Industrial User). This period of retention
shall be extended during the course of any unresolved
litigation regarding the Industrial User or POTW or
when requested by the Director or the Administrator.
Q. Provisions For Fraud And False Statements
The reports and other documents required to be sub-
mitted or maintained under the section shall be
subject to:
1. The provisions of 18 United States Code section
1001 relating to fraud and false statements;
2. The provisions of section 40 CFR 309(c)(4) of the
Act, as amended, governing false statements,
representation or certification; and
3. The provisions of section 40 CFR 309(c)(6) regarding
responsible corporate officers.
Section 10: That Chapter 34 "Waste Disposal ", of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -60
"Compliance Monitoring" to read as follows:
Sec. 34 -60. COMPLIANCE MONITORING
A. Inspection and Sampling
The POTW shall:
Carry out all inspection, surveillance and monitoring
procedures necessary to determine, independent of in-
formation supplied by Industrial Users, compliance or
non- compliance with applicable Pretreatment Standards
and Requirements by Industrial Users. Representatives
of the POTW shall be authorized to enter any premises
of any Industrial User in which a discharge source or
treatment system is located or in which records are
required to be kept under 40 CFR 403.12(m) to assure
compliance with Pretreatment Standards. Such authority
shall be at least as extensive as the authority provided
• under section 308 of the Act.
41
0 B. Right To Enter At Reasonable Times
:7
Persons or occupants of premises where wastewater is
created or discharged shall allow the City or its
representative ready access at all reasonable times
to all parts of the premises for the purposes of
inspection, sampling, records examination or in the
performance of any of their duties.
C. Right To Inspect For Compliance
The Director, State and EPA shall have the right to
set up on the User's property such devices as are
necessary to conduct sampling,inspection, compliance
monitoring and /or metering operations. Where a User
has security measures in force which would require
proper identification and clearance before entry into
their premises, the User shall make necessary arrangements
with their security guards so that upon presentation of
suitable identification, personnel from the Director,
State and EPA will be permitted to enter, without unnecessary
delay, for the purposes of performing their specific
responsibilities.
D. Right To Take Independent Samples
The Director may select an independent firm or laboratory
to determine flow, B.O.D. and suspended solids.
All costs of such sampling and analysis shall be borne
by the User.
E. Right To Require Installation Of Monitoring Equipment
The Director may require to be provided and operated,
at the User's own expense, monitoring facilities to
allow inspection, sampling, and flow measurement of
the building sewer and /or internal drainage systems.
The monitoring facility should normally be situated
on the User's premises, but the Director may, when
such a location would be impractical or cause undue
hardship on the User, allow the facility to be con-
structed in the public street or sidewalk area and
located so that it will not be obstructed by land-
scaping or parked vehicles.
42
• There shall be ample room in or near such sampling manhole
or facility to allow accurate sampling and preparation of
samples for analysis. The facility, sampling, and measuring
equipment shall be maintained at all times in a safe and
proper operating condition at the expense of the User.
Whether constructed on public or private property, the
sampling and monitoring facilities shall be provided
In accordance with the City's requirements and all
applicable local construction standards and specifications.
Plans for construction of the control manholes, or
inspection chambers, including such flow - measuring devices
as may be required, shall be included with the Industrial
Wastewater Discharge application.
F. Right To Inspect and Copy Records
Any Industrial User or POTW subJect to the reporting
requirements established in 40 CFR 403 shall be required
to retain for a minimum of three (3) years any records
of discharge monitoring activities and results (whether
or not such monitoring activities are required by this
Article) and shall make such records available for in-
spection and copying by the Director and the Administrator
(and POTW in the case of an Industrial User). This period
of retention shall be extended during the course of any
unresolved litigation regarding the Industrial User or POTW
or when requested by the Director or the Regional
Administrator.
G. Search Warrants
1. A search warrant may be issued to the fire marshall,
health officer, or any code enforcement official of
the City, for the purpose of allowing the inspection
of any specified premises to determine the presence
of a fire or health hazard or unsafe building
condition or a violation of any fire, health, or
building regulation, statute, or ordinance.
2. A search warrant may not be issued under this Article
except upon the presentation of evidence of probable
cause to believe that a fire or health hazard or
violation or unsafe building condition is present
in the premises sought to be inspected.
43
• 3. In determining probable cause, the magistrate is
not limited to evidence of specific knowledge,
but may consider any of the following:
0
(a) the age and general condition of the premises;
(b) previous violations or hazards found present
in the premises;
(c) the type of premises;
(d) the purposes for which the premises are used;
and
(e) the presence of hazards or violations in and
the general condition of premises near the
premises sought to be inspected.
4. The City may designate one code enforcement official
for the purpose of being issued a search warrant as
authorized by subsection G. 1. of this Section.
Section 11: That Chapter 34 "Waste Disposal ", of the Code
of Ordiances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -61
"Confidential Information - Access To Data" to read as follows:
Sec. 34 -61. CONFIDENTIAL INFORMATION - Access to Data
1. EPA Authorities: In accordance with 40 CFR Part 2,
any information submitted to EPA pursuant to these
regulations maybe claimed as confidential by the
submitter. Any such claim must be asserted at the
time of submission in the manner prescribed on the
application form or instructions, or, in the case
of other submissions, by stamping the works
"confidential business information" on each page
containing such information. If no claim is.made
at the time of submission, EPA may make the in-
formation available to the public without further
notice. If a claim is asserted, the information
will be treated in accordance with the procedures
in 40 CFR Part 2 (Public Information).
44
2. Effluent Data: Information and data provided to
the City pursuant to this part which is effluent
data shall be available to the public without
restriction.
3. State or POTW: All other information which is
submitted to the State or POTW shall be available
to the public at least to the extent provided by
40 CFR 2.302.
Section 12: That Chapter 34 "Waste Disposal ", of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -62
"Publication of Industrial Users in Significant Non - Compliance ",
to read as follows:
Sec. 34 -62. PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NON - COMPLIANCE
As required by the public participation requirements of
40 CFR Part 25 on September 30th of each year during
which this Article shall be in effect, the Director shall
cause to be published in the largest daily newspaper
published in the City of Baytown a list of all Industrial
Users which at any during the previous twelve months, were
in significant non - compliance with applicable Pretreatment
Standards and Requirements. For the purpose of this
provision, an Industrial User is in significant non-
compliance if its violation meets one or more of the
following criteria:
A. Chronic violations of wastewater discharge limits,
defined here as those in which sixty -six percent
(66 %) or more of all of the measurements taken during
a six -month period exceed (by any magnitude) the
daily maximum limit or the average limit for the
same pollutant parameter;
B. Technical Review Criteria (TRC) violations, defined
here as those in which thirty -three percent (33 %)
or more of all the measurements for each pollutant
parameter taken during a six -month period equal or
exceed the product of the daily maximum limit or the
average limit multiplied by the applicable TRC
(TRC -1.4 for BOD, TSS, fats, oil, and grease, and
1.2 for all other pollutants except pH).
C. Any other violation of a pretreatment effluent limit
(daily maximum or longer -term average) that the
Director determines has caused interference or pass
through (including endangering the health of POTW
personnel or the general public);
45
• D. Any discharge of a pollutant that has caused imminent
endangerment to human health or welfare or to the en-
vironment or has resulted in the POTW's exercise of
its emergency authority under Section 34 -63. H. to
halt or prevent such a discharge;
E. Failure to meet, within ninety (90) days after the
schedule milestone contained in a local control
mechanism or enforcement order for starting
construction, completing construction, or attaining
final compliance;
F. Failure to provide, within thirty (30) days after the
due date, required reports such as baseline monitoring
reports, 90 -day compliance reports, periodic self -
monitoring reports, and reports on compliance with
compliance schedules;
G. Failure to accurately report non - compliance;
H. Any other violation or group of violations which the
Director determines will adversely affect the
operation or implementation of the local Pretreatment
Program.
Section 13: That Chapter 34 "Waste Disposal ", of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -63
"Administrative Enforcement Remedies" to read as follows:
Sec. 34 -63. ADMINISTRATIVE ENFORCEMENT REMEDIES
A. Notification of Violation
Whenever the Director finds that any User has violated
or is violating this Article, wastewater contribution
permit, or any prohibition, limitation or requirements
contained herein, the Director may serve upon such person
a written notice stating the nature of the violation.
Within thirty (30) days of the date of notice, a plan for
the satisfactory correction thereof shall be submitted to
the Director by the User.
B. Consent Orders
The Director is hereby empowered to enter in Consent Orders,
assurances of voluntary compliance, or other similar docu-
ments establishing an agreement with the Industrial User
responsible for the non - compliance. Such Orders will in-
clude specific action to be taken by the Industrial User
to correct the non - compliance within a time period also
specified by the Order. Consent Orders shall have the same
force and effect as administrative orders issued pursuant
to Section 34 -63. D. and E. of this Article.
46
• C. Show Cause Hearing
Whenever the Director has proposed to take any enforcement
action against any User pursuant to the provisions of this
Article, other than an Emergency Suspension or a Cease and
Desist Order, or Termination of Discharge, the Director
shall first provide notice in the form and manner described
below to the User and afford the User an opportunity for a
hearing in the form and manner described below, before the
enforcement action is taken. if, after the Director has
complied with the notice requirements as described below,
the User does not request a hearing for review of the
enforcement action within the specified time, the Director
may take the enforcement action on the day specified in
the notice to the User, or at any time thereafter.
1. Notice: Notice must be sent to the User at least
eight (8) days prior to the proposed date of the
proposed enforcement action if notice is sent by
mail, or at least five (5) days prior to the pro-
posed enforcement action if notice is delivered by
the Director or his designated representative. The
notice may be sent by Certified Mail, Return Receipt
Requested, or hand delivered to the User by a person
designated by the Director to deliver such notices.
The notice must be written and clearly communicate
the following information:
(a) The name of the User against whom the enforcement
47
action is proposed
to be taken;
(b)
The address of the
User against whom the
enforcement action
is proposed to be taken;
(c)
The reason for the
proposed enforcement action
including the date
and general nature of the
alleged violation
of this Article;
(d)
The nature of the
proposed action, and the date
and time that the
proposed enforcement action will
take place, including
the amount of the fine which
could be imposed;
(e)
The User has the right
to appear and be heard
at a hearing to show
cause why the proposed
enforcement action
should not be taken;
47
• (f) The means by which the User may arrange for
such a hearing;
r�
U
(g) The date by which the User must request.and
set the hearing in order to receive it, which
deadline may be no earlier than one (1) day
prior to the date of the proposed enforcement
action, nor may that deadline ever be sooner
than five (5) days from the date of sending
of the notice, the five (5) days not including
weekdays on which City offices are closed for
holidays.
2. After the deadline for requesting a hearing; as
described above has passed, a User may still request
a hearing to review the proposed enforcement action
within ten (10) days of the aforementioned deadline,
upon presentation to the City Manager of an affidavit
declaring that the User, through no fault of that User,
did not receive notice of the proposed enforcement
action in time to act upon the same. When a hearing
pursuant to this subsection is requested, the City
Manager shall as soon as practicable make a determina-
tion of whether the appeal appears to be meritorious,
and if the City Manager determines that it is meri-
torious the City Manager shall order that the proposed
enforcement action be postponed pending the appeal.
3. Hearing: Should any User request a hearing to review
the decision to take an enforcement action against
that User, the hearing shall be presided over by the
City Manager or any fair and neutral person he or she
may appoint, which person must be of managerial em-
ployment and not involved in the original decision
to take the proposed enforcement action, hereafter
in this context known as the hearing officer. The
hearing shall be held no sooner than the next business
day nor later than fifteen business days after being
requested by the User. The hearing officer may, in
his discretion, delay or advance the hearing time upon
showing of good cause by the User. At the hearing
the User shall be given the opportunity to be heard
in person to present the User's case, to present
testimony from other persons, and to admit documents.
The User may be represented by counsel, though the
City shall in no case provide counsel to the User.
The User shall be given the opportunity to confront
and cross examine any witnesses appearing against him
at the hearing. The User may request that a represen-
tative of the Public Works Department be present at
48
• the hearing and be subject to questioning. However,
the rules of evidence or procedure for civil or
criminal trials need not be enforced. The City's
reasons for the proposed enforcement action shall be
stated at the hearing. Upon reaching a final decision,
the hearing officer shall state his reasons for
reaching that decision and state the evidence on which
the hearing officer relied in reaching those conclu-
sions. Should the hearing officer find in favor of
the User, the proposed enforcement action shall not
take place. The hearing officer shall have the power
to grant extensions, modify orders, and fashion other
reliefs as would be equitable and consistent with
applicable regulations and laws promulgated by the
United States, the State of Texas, or any administra-
tive agency thereof.
•
4. At any hearing held pursuant to this Article,
testimony taken must be under oath and recorded.
A transcript of the hearing will be made available
to any member of the public or any party to the
hearing upon payment of the usual charges for such
transcription.
D. Compliance Order
When the Director finds that an Industrial User has
violated or continues to violate this Article or a
permit or order issued thereunder, but where the
violation does not involve a pass through or inter-
ference which could cause the City of Baytown to be
in violation of Federal or State environmental re-
gulations, he may issue, within a 30 -day period of
such finding, an order to the Industrial User responsible
for the discharge directing that, following a specified
time period, sewer service shall be discontinued unless
adequate treatment facilities, devices, or other related
appurtenances have been installed and are properly
operated. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to
address the non - compliance, including the installation
of pretreatment technology, additional self - monitoring,
and management practices.
49
• E. Cease and Desist Orders
C�
When the Director finds that an Industrial User has
violated or continues to violate this Article or any
permit or order issued hereunder, the Director may
issue an order to cease and desist all such violations
and direct those persons in non - compliance to:
1. Comply forthwith 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 terminating the discharge.
F. Administrative Fines
Notwithstanding any other section of this Article,
any User who is found to have violated any provision
of this Article, or permits and orders issued here-
under, shall be fined in an amount not to exceed two
thousand dollars ($2,000.00) per violation. Each day
on which non - compliance shall occur or continue shall
be deemed a separate and distinct violation. The amount
of such fine may be added to the User's next scheduled
sewer service charge and the Director shall have such
other collection remedies as he has to collect other
service charges. Unpaid charges, fines, and penalties
shall constitute a lien against the individual User's
property. Industrial Users desiring to dispute such
fines must file a request for the Director to reconsider
the fine in accordance with the provisions of Section
34.63 C. of this Article.
G. Emergency Suspensions
1. The Director may suspend the wastewater treatment
service and /or wastewater permit of an Industrial
User whenever such suspension is necessary in order
to stop an actual or threatened discharge presenting
or causing an imminent or substantial endangerment
to the health or welfare of persons, the POTW, or
the environment.
50
• 2. Any User notified of a suspension of the waste-
water treatment service and /or the wastewater
permit shall immediately stop or eliminate its
contribution. In the event of a User's failure
to immediately comply voluntarily with the
suspension order, the Director shall take such
steps as he deems 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 Director
shall allow the User to recommence its discharge
when the endangerment has passed, unless the
termination proceedings set forth in Section 34 -63. H.
are initiated against the User.
0
3. An Industrial User which is responsible, in whole
or in part, for imminent endangerment shall submit
to the Director a detailed written statement
describing.the causes of the harmful contribution
and the measures taken to prevent any future
occurrence prior to the date of the hearing
described in paragraph Section 34 -63.C, or within
the time period allowed for requesting such a hearing
if no hearing is requested.
H. Termination of Discharge
The Director shall have authority (after informal
notice to the discharger) to immediately and effectively
halt or prevent any discharge of pollutants to the POTW
which reasonably appears to present an imminent endanger-
ment to the health or welfare of persons. The Director
shall also have authority (which shall include notice to
the affected Industrial Users and an opportunity to respond)
to halt or prevent any discharge to the POTW which presents
or may present an endangerment to the environment or which
threatens to interfere with the operation of the POTW. The
Director shall have authority to seek Judicial relief and
may also use administrative penalty authority when the
Director has sought a monetary penalty which the Director
believes to be insufficient.
51
a
0
I. Post Enforcement Hearing
Whenever the Director has ordered an Emergency Suspension,
ordered an enforcement action which, for reasons of
imminent public danger must be complied with immediately,
such as issuing a Cease and Desist Order, or a Termination
of Discharge, then the User shall, upon compliance with
said Order, be afforded notice of an opportunity to request
a hearing in the form and manner specified in Section 34 -63.
C. of this Article. The Notice referred to therein
shall be mailed to the User against whom the enforcement
action is taken within three days after the User has
complied with the enforcement action. The Notice shall be
In the same form and of the same contents as the Notice
prescribed in Section 34 -63. C. 1. of this Article, except
that the deadline by which the User must request and set
the hearing in order to receive it may be no earlier than
five (5) days after the mailing of the Notice nor later
than fifteen (15) days after the mailing of the Notice.
Section 14: That Chapter 34 "Waste Disposal ", of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -64
"Judicial Enforcement Remedies ", to read as follows:
Sec. 34 -64. JUDICIAL ENFORCEMENT REMEDIES
A. Injunctive Relief
Whenever an Industrial User has violated or continues to
violate the provisions of this Article (or any permit or order
issued hereunder) the Director, through counsel, may
petition any court of competent Jurisdiction for the
issuance of a preliminary or permanent injunction, or both
(as may be appropriate), which restrains or compels the
activities on the part of the Industrial User, and such
other actions as appropriate for legal and /or equitable
relief may also be sought by the City of Baytown.
B. Civil Penalties
Any User who is found to have violated an order of the
Director or who intentionally, recklessly or negligently
failed to comply with any provision of this Article, and
the orders, rules, regulations and permits issued thereunder,
a civil penalty shall be assessed of not more than two thousand
($2,000.00) dollars for each offense. Each day on which a
violation shall occur or continue shall be deemed a separate
and distinct offense. The City of Baytown is specifically
authorized to recover all consequential damages available
at law or in equity resulting directly or indirectly from
an unauthorized dischage to the POTW, including upsets or
bypasses. Such damages shall include, but not be
52
• limited to, any fines or penalties assessed against the
City of Baytown by any State or Federal agency or
commission as a result of such discharge. In addition
to the penalties and damages provided herein, the Director
may recover reasonable attorney's fees, court costs, court
reporters' fees and other expenses of litigation by
appropriate suit at law against the person found to have
violated this Article or the orders, rules, regulations,
and permits issued hereunder. Additional recoveries and
relief in law and /or equity under existing Federal or State
law are not precluded by specific recoveries obtained by
by the City under this section of this Article.
C. Criminal Prosecution
Violations - Generally
Any Industrial User who intentionally, recklessly or negligently
violates any provision of this Article or any orders or permits
issued hereunder shall, upon conviction, be guilty of a
misdemeanor affecting fire, safety, public health, or
sanitation, punishable by a fine not to exceed two thousand
($2,000.00) Dollars per violation. Each day on which a violation
shall occur or continue shall be deemed a separate and distinct
offense.
Falsifying Information
Any Industrial User who knowingly makes any false state-
ments, representations, or certifications in any application,
record, report, plan or other document filed or required to
be maintained pursuant to this Article, or wastewater
permit, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under
this Article shall, upon conviction, be guilty of a mis-
demeanor affecting fire, safety, public health, or sanita-
tion and shall be punished by a fine of not more than two
thousand ($2,000.00) dollars per violation.
Nothing herein shall be construed to limit the liability
of any violator to penalties or fines imposed by agencies
of the United States or any State thereof.
Section 15: That Chapter 34 "Waste Disposal ", of the Code
of Ordinances, City of Baytown, Texas, is hereby amended by adding
Article IV "Industrial Wastewater Pretreatment ", Section 34 -65
"Affirmative Defenses To Discharge Violations ", to read as
follows:
53
• Sec. 34 -65. AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
A. Upset Provision
1. Definition: For the purposes of this section, "Upset"
means an exceptional incident in which there is un-
intentional and temporary non - compliance with
Categorical pretreatment Standards because of factors
beyond the reasonable control of the Industrial User.
An Upset does not include non- compliance to the extent
caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper
operation.
2. Effect Of An Upset: An Upset shall constitute an
affirmative defense to a penal sanction brought for
noncompliance with Categorical Pretreatment Standards
If the requirements listed in subsection (3.) of this
section are met.
3. Conditions Necessary For A Demonstration of Upset:
An Industrial 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 Industrial User can
identify the cause(s) of the Upset;
(b) The facility was at the time being operated
in a prudent and workmanlike manner and in
compliance with applicable operation and
maintenance procedures;
(c) The Industrial User has submitted the following
information to the POTW and the City within
twenty -four (24) hours of becoming aware of the
Upset (if this information is provided orally,
a written submission must be provided within
five (5) days):
(i) A description of the incident of noncompliance,
and the nature and cause of non - compliance;
(ii) The period of non - compliance, including
exact dates and times or, if not corrected,
the anticipated time the non - compliance is
expected to continue;
• (iii) Steps being taken and /or planned to reduce,
eliminate and prevent recurrence of the
non - compliance.
54
4. Burden of Proof: In any enforcement proceeding
the Industrial User seeking to establish the
occurrence of an Upset shall have the burden of
proving the occurrence of an Upset to a pre -
ponderence of the evidence.
B. Bypass
1. Definitions
(a) "Bypass" means the intentional diversion of
wastestreams from any portion of an Industrial
User's treatment facility.
(b) "Severe property damage" means substantial
physical damage to property, damage to the
treatment facilities which causes them to
become inoperable, or substantial and permanent
loss of natural resources which can reasonably
be expected to occur in the absence of a bypass.
Severe property damage does not mean economic
loss caused by delays in production.
2. Bypass not violating applicable Pretreatment
Standards or Requirements: An Industrial 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 provisions of
subsection 3. and 4.
3. Notice
(a) If an Industrial User knows in advance of
the need for a bypass, it shall submit prior
notice to the Director, if possible at least
ten (10) days before the date of the bypass.
If ten (10) days notice is not possible, then
the Industrial User shall submit notice as
soon as possible.
(b) An Industrial User shall submit oral notice
of an unanticipated bypass that exceeds
applicable Pretreatment Standards to the
Director within twenty -four (24) hours from
the time the Industrial User becomes aware of
the bypass. A written submission shall
also be provided within five (5) days of the
time the Industrial User becomes aware of the
• need for 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
55
•
a
been corrected, the anticipated time it is
expected to continue; steps taken or planned
to reduce, eliminate, and prevent reoccur-
rence of the bypass. The Director may (at
his discretion) waive the written report
on a case -by -case basis if the oral report
has been received within twenty -four (24)
hours.
4. Prohibition Of Bypass
(a) Bypass is prohibited, and the Director
may take enforcement action against an
Industrial User for a bypass, unless;
(i) Bypass was unavoidable to prevent
loss of life, personal injury, or
severe property damage; and
(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 oc-
curred during normal periods of equipment
downtime or preventive maintenance; and
(iii) The Industrial User submitted notices
as required under previous paragraphs
of this section.
(b) The Director
bypass, after
effects, if t
it will meet
In subsection
complies with
subsection 3.
5. Burden of Proof
may approve an anticipated
considering its adverse
he Director determines that
the three (3) conditions listed
4. and the Industrial User
the notice requirements of
of this section.
In any enforcement proceeding the Industrial User
seeking to establish the occurrence of a non -
prohibited bypass shall have the burden of proving
the occurrence to a preponderence of the evidence.
56
• Section 16: All ordinances or parts of ordinances incon-
sistent with the terms of this ordinance are hereby repealed;
provided however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the
subiect matter covered by this ordinance.
Section 17: If any provisions, section, exception, subsec-
tion, paragraph, sentence, clause or phrase of this ordinance or
the application of same to any person or set of circumstances,
shall for any reason be held unconstitutional, void or invalid,
such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other per-
sons or sets of circumstances and to this end all provisions of
this ordinance are declared to be severable.
Section 16: Any person who shall violate any provision of
this ordinance shall be deemed guilty of a misdemeanor affecting
fire, safety, public health, or sanitation, and upon conviction shall
be punished by a fine of not more than two thousand and no /100
($2,000.00) dollars. Each day of the continuance of such violation
shall be considered a separate offense and each and every day shall
constitute a separate violation.
Section 19: This ordinance shall take effect from and after
ten (10) days from its passage by the City Council. The City
Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official news-
paper of the City of Baytown at least twice within ten (10) days
after passage of this ordinance.
INTRODUCED, READ AND PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 26th day of March,
1992.
VZOMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ACID RAM REZ, S City Attorney
57