Ordinance No. 8,118971023 -9
ORDINANCE NO. 8118
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, REPEALING
CHAPTER 34 "WASTE DISPOSAL" OF THE CODE OF ORDINANCES OF
THE CITY OF BAYTOWN, TEXAS, IN ITS ENTIRETY AND REPLACING
THE SAME WITH CHAPTER 98 "UTILITIES" ARTICLE V "INDUSTRIAL
WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS; 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 of the City of
Baytown, Texas, is hereby repealed in its entirety.
Section 2: That the Code of Ordinances of the City of Baytown, Texas, is hereby
amended by adding a chapter and article numbered Chapter 98 "Utilities," Article V "Industrial
Waste," which reads as follows:
CHAPTER 98 UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 1. GENERALLY
See. 98 -126. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Act or the act means the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. §§ 1251, et seq.
Approval authority or administrator means the region VI administrator of the EPA or his
duly authorized representative.
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)(ii), and shall be
signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a
corporation. For the purpose of this subsection, a responsible corporate officer
means:
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® a. 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 responsibilities for the corporation, or
b. The manager of one or more manufacturing, production, or operation
facilities employing more than two hundred fifty (250) persons or having
gross annual sales or expenditures exceeding $25,000,000.00, in second -
quarter 1980 dollars, if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a
partnership or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated in subsection (1)
or (2) of this definition if:
a. The authorization is made in writing by the individual described in
subsection (1) or (2) of this definition;
b. The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
industrial discharge originates, such as the position of plant manager,
operator of a well, or wellfield superintendent, or a position of equivalent
responsibility for environmental matters for the company; and
C. The written authorization is submitted to the director.
(4) If an authorization under subsection (3) of this definition is no longer accurate
because 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 requirements of subsection (3) of this
definition must be submitted to the city prior to or contemporaneously with any
reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed
in mg /l, utilized in the biochemical oxidation of organic matter under standard laboratory
conditions for five days at a temperature of 20 degrees Celsius.
Blowdown means the minimum discharge of recirculating water for the purpose of
discharging materials contained in the water, the further buildup of which would cause
concentration in amounts exceeding limits established by best engineering practices.
Building sewer means the extension from the building drain to the public sewer or other
place of disposal, also called house lateral and house connection.
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® Chemical oxygen demand (COD) means measure of the oxygen consuming capacity of
inorganic and organic matter present in the water or wastewater expressed in mg /l as the amount
of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between
stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen
demand.
City or individuals representing the city means the City of Baytown, Texas, or any
authorized person acting in its behalf.
Composite sample means a sampling method that 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
intervals 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.
Contact cooling water means water used for cooling which comes into contact with raw
material, intermediate product, waste product or finished product.
Control authority refers to the POTW of the city.
Control manhole means a manhole giving access to a building sewer at some point before
the building sewer discharge mixes with other discharges in the public sewer.
Director means the director of the city utilities department, or his authorized deputy,
agent or representative.
Disposal garbage means animal and vegetable wastes and residue from preparation,
cooking, and dispensing of food; and from the handling, processing, storage and sale of food
products and produce.
Environmental protection agency or EPA means the United States Environmental
Protection Agency.
Grab sample means an individual sample collected over a period of time not exceeding
15 minutes.
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.
Industrial user (ILO or user means a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing,
trade, or business from the development of any natural resource, disposal garbage or any mixture
® of the waste with water or normal wastewater, or distinct from normal wastewater.
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® Industrial waste charge or user charge or surcharge means the charge made on those
persons who discharge industrial wastes with high loadings over that of normal domestic sewage
into the city's sewer system to recover excessive costs for treatment by the city.
Interference means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or
operations, or its sludge processes, use or disposal; and, (ii) therefore, 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 Art
(S WDA) including Title 13, more commonly referred to as the Resource Conservation and
Recovery Act (RCRA), and including 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.
Maximum allowable discharge limit means the highest allowable discharge.
Milligrams per liter (mg /1) means the same as parts per million and is a weight -to- volume
ratio; the milligram- per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per
million gallons of water.
National pretreatment standard, pretreatment standards or standards means any
regulation containing pollutant discharge 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 discharge limits established pursuant to 40 CFR § 403.5.
Natural outlet means any outlet into a watercourse, ditch, lake, or other body of surface
water or groundwater.
New source means any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced after the publication of
proposed pretreatment standards under section 307(c) of the act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section, provided that
(i) the building, structure, facility or installation is constructed at a site at which no other source
is located, or (ii) the building, structure, facility or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an existing source, or (iii) the
production or wastewater generating processes of the building, structure, facility or installation
are substantially independent of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which the new facility is integrated
with the existing plant, and the extent to which the new facility is engaged in the same general
type of activity as the existing source should be considered.
Construction on a site at which an existing source is located results in a modification rather than
a new source if the construction does not create a new building, structure, facility or installation
meeting the criteria of subsections (i) through (iii) of this definition but otherwise alters, replaces,
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® or adds to existing process or production equipment. Construction of a new source has
commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous onsite construction program:
a. Any placement; assembly, or installation of facilities or equipment; or
b. 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
(2) Entered into a binding contractual obligation for the purchase of facilities or
equipment which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility, engineering, and design studies do
not constitute a contractual obligation under this subsection.
Noncontact cooling water means water used for cooling which does not come into
contact with any raw material, intermediate product, waste product or finished product.
Nondomestic user means any person who discharges, causes or permits the discharge of
wastewater from any facility other than a residential unit.
Normal domestic wastewater means wastewater, excluding industrial wastewater,
discharged by a person into sanitary sewers and in which the average concentration of total
suspended solids is not more than 250 mg /l and BOD is not more than 250 mg /l.
Operator means the person responsible for the overall operation of a facility.
Overload means the imposition of organic or hydraulic loading on a treatment facility in
excess of its engineered design capacity.
Owner means the person who owns a facility or part of a facility.
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 discharge 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.
Person or any individual means and includes corporation, organization, government, or
governmental subdivision or agency, business trust, estate, trust, partnership association, and any
other legal entity.
40 pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
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® Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive 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 sewage from vessels; or 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 approved 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.
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 instead
of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration
may be obtained by physical, chemical or biological processes, process changes or by other
means, except as prohibited by 40 CFR § 403.6(d). Appropriate pretreatment technology
includes control equipment, such as equalization tanks or facilities, for protection against surges
or slug loadings that might interfere with or otherwise be incompatible with the POTW.
However, where wastewater 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).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Process wastewater 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, byproduct, or waste product.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which
owners of abutting properties shall have the use, subject to control by the city.
Publicly Owned Treatment Works (POTW) or wastewater treatment plant 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.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial
wastes or a combination of both and into which stormwater, surface water, ground water, and
is other unpolluted wastes are not intentionally passed.
R,
® Significant industrial user means
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(1) All dischargers subject to categorical pretreatment standards under 40 CFR §
403.6 and 40 CFR chapter I, subchapter N; and
(2) 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
process wastestream which makes up five percent or more of the average dry
weather hydraulic or organic capacity 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 administrator, 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 affecting the POTW's operation or violating any
pretreatment standard or requirement.
Slug load or slug means any discharge of a nonroutine, episodic nature, including, but
not limited to, an accidental spill or noncustomary batch discharge of water, wastewater, or
industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds
for any period of duration longer than 15 minutes more than five times the average 24 -hour
concentration or flows during normal operation.
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
composition and structure of the economy and covers the entire field of economic activities.
Storm sewer means a public sewer that carries stonnwater and surface water and drainage
and into which domestic wastewater or industrial waste is not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Strong acid means any substance with a pH less than 6.0.
Suspended solids or total suspended solids (TSS) means solids measured in mg /1 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.
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep, or
otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions.
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® Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as
toxic in regulations promulgated by the EPA under the provision of Section 307 (33 U.S.C.
§ 1317) of the act.
Trap means a device designed to skim, settle, or otherwise remove grease, oil, sand,
flammable wastes or other harmful substances.
Unpolluted wastewater means water containing:
(a) no free or emulsified grease or oil;
(b) no acids or alkalis;
(c) no phenols or other substances producing taste or odor in receiving water;
(d) no toxic or poisonous substances in suspension, colloidal state, or solution;
(e) no noxious or otherwise obnoxious or odorous gases;
(f) not more than an insignificant amount in mg /1 each of suspended solids
and BOD, as determined by the state natural resource conservation
commission; and
(g) color not exceeding 50 units as measured by the platinum- cobalt method
of determination as specified in 40 CFR §136.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous, or solid
form resulting from domestic, agricultural, or industrial activities.
Wastewater means a combination of the watercarried waste from residences, business
buildings, institutions, and industrial establishments, together with any groundwater, surface
water, and stormwater that may be present.
Wastewater facilities includes all facilities for collection, pumping, treating, and
disposing of wastewater and industrial wastes.
Watercourse means a natural or manmade channel in which a flow of water occurs, either
continuously or intermittently.
Sec. 98 -127. Abbreviations.
As used in this article, the following abbreviations shall have the following meanings:
0 BOD means five -day biochemical oxygen demand.
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40 CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
•
EPA means U.S. Environmental Protection Agency.
mg 11 means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O &M means operation and maintenance.
POTW means publicly owned treatment works.
SIC means Standard Industrial Classifications.
TSS means total suspended nonfilterable solids.
USC means United States Code.
Sec. 98 -128. Purpose.
This article sets forth uniform requirements for direct and indirect contributors into the
wastewater collection and treatment system for the city 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 seq.)
and the General Pretreatment Regulations (40 CFR Part 403).
Sec. 98 -129. Objectives.
(a) The objectives of this article are to:
(1) 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) prevent the introduction of pollutants into the municipal wastewater system which
will pass through the system, inadequately treated, into receiving waters or the
atmosphere or otherwise be incompatible with the system;
(3) improve the opportunity to recycle and reclaim wastewaters and sludges from the
system;
(4) provide for equitable distribution of the cost of the municipal wastewater system;
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® (5) ensure that composition of sludge will allow its use and disposal to be in
compliance with all local, state and federal statutes and regulations;
(6) protect the health and welfare of the general public and all the POTW personnel;
(7) enable the city to comply with NPDES permit conditions, sludge use and disposal
requirements and any other applicable federal or state law; and
(8) prevent property damage.
(b) 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, authorizes monitoring
and enforcement activities, requires user reporting, assumes that existing customer's
capacity will not be preempted and provides for the setting of fees for the equitable
distribution of costs resulting from the program established in this article.
Sec. 98 -130. Jurisdiction and applicability.
(a) This article shall apply to the city 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 98 of the City of Baytown Code of Ordinances.
(b) Except as otherwise provided herein, the director shall administer, implement and enforce
the provisions of this article.
(c) The requirements of this article shall apply to all areas within the extraterritorial limits of
the city, 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, regardless of
location.
Sec. 98 -131. Applicability.
This article shall apply to all nondomestic users of the city's POTW discharging 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 this article.
Sec. 98 -132. Compliance.
(a) Unless exception is granted by the city, the public sanitary sewer system shall be used by
® all persons discharging:
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® (1) wastewater;
(2) industrial waste; and/or
(3) polluted liquids.
(b) Unless authorized by the state natural resource conservation commission, no person may
deposit or discharge any waste included in subsection (a) of this section on public or
private property into or adjacent to any:
(1) natural outlet;
(2) watercourse;
(3) storm sewer; or
(4) other area within the jurisdiction of the city.
(c) The city shall verify prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of laws, regulations, ordinances, rules and
orders of federal, state and local governments.
See. 98 -133. City requirements.
(a) If discharges or proposed discharges to public sewers may (1) cause damages to
collection facilities; (ii) impair the processes; (iii) incur treatment cost exceeding those of
normal sewage; (iv) render the water unfit for receiving waters or industrial use; (v)
create a hazard to life or health; or (vi) create a public nuisance; the approving authority
shall require the following:
(1) pretreatment to an acceptable condition for discharge to the public sewers;
(2) control of the quantities and rates of discharge of such waste; and
(3) payment of surcharges for excessive cost for treatment provided such waste are
amenable to treatment by normal sewage plant facilities operated by the city.
(b) The city is entitled to determine whether a discharge or proposed discharge is included
under subsection (a) of this section.
(c) The city shall reject wastes when:
(1) it determines that a discharge or proposed discharge is included under subsection
® (a) of this section; and
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® (2) the discharger does not meet the requirements of subsection (a) of this section.
Sec. 98 -134. City review and approval.
(a) if pretreatment or control is required under this article, the city shall review and approve
design and installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable
statutes, codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow equalizing, or other
facilities shall provide and maintain the facilities in effective operating condition at his
own expense.
Sec. 98 -135. Traps.
(a) Under this article, discharges requiring a trap should include grease or waste containing
grease in excessive amounts, oil, sand, flammable waste and other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall, at his own expense and as
required by the city, provide plans and specifications for equipment and facilities of a
design type and design capacity approved by the city engineer and by the director. The
person shall locate the trap in a manner that provides easy accessibility for cleaning and
inspection and maintain the trap in effective operating condition. The trap shall be
inspected by the city's inspection department during construction and upon completion. A
final inspection shall be made by all interested parties, including city engineer, director,
and chief building official, before any service connections are made.
Sec. 98 -136. Building sewers.
(a) Any person responsible for a discharge through a building sewer carrying industrial
wastes shall, at his own expense and as required by the city:
(1) install an accessible and safely located control manhole or inspection chamber;
(2) install meters and other appurtenances to facilitate observation sampling and
measurement of the waste; and
(3) maintain the equipment and facilities.
(b) Every such manhole or inspection chamber, shall be of such design and construction as to
® prevent infiltration by ground and surface waters or introduction of slugs or solids by the
installation of screens with maximum openings of one inch, but of sufficient fineness to
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® prevent the entrance of objectionable slugs or solids to the sanitary sewer system, and
shall be so maintained by the person discharging wastes so that any authorized
representative or employee of the city may readily and safely measure the volume and
obtain samples of the flow at all times. Plans for the construction of control manholes or
inspection chambers, including such flow measuring devices as may be required by this
article, shall be approved by the director prior to the beginning of construction.
See. 98 -137. Hauled wastewater procedures.
(a) As used in this section industrial waste shall include septic tank waste.
(b) Industrial waste may be introduced into the POTW only at locations designated by
director and at such times as are established by the director. Such waste shall not violate
division 5 of this article or any other requirements established by the City.
(c) Industrial waste haulers may discharge loads only at locations designated by the director.
No load may be discharged without prior consent of the director. The director may
collect samples of each hauled load to ensure compliance with applicable standards. The
director may require the industrial waste hauler to provide a waste analysis of any load
prior to discharge.
(d) An industrial waste hauler must provide a waste - tracking form for every load. This form
shall include at a minimum the name and address of the person generating the industrial
waste and the volume and characteristics of the waste. The form shall identify the type of
industry, known or suspected waste constituents and whether any wastes are RCRA
hazardous wastes.
Sec. 98 -138. 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 sewer works. Any person violating this section shall be guilty of a misdemeanor and fined
in accordance with the penalty set out in division 2 of this article.
Sec. 98 -139. Confidential information, access to data.
Information and data provided to the city pursuant to this article that is effluent data shall
be available to the public without restriction. Any other information submitted may be 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, for 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, city may make the information
available to the public without further notice. If a claim is asserted, the city will submit the
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is information to the state attorney general and the submitter will be required to assert why the
information should not be public. Unless the state attorney general's public information opinion
is timely appealed, the city and the submitter shall be bound by such opinion.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
Subdivision I. In General.
Sec. 98 -166. Publication of industrial users in significant noncompliance.
As required by the public participation requirements of 40 CFR Part 25, on September
30`h of each year the director shall cause to be published in the largest daily newspaper published
in the city a list of all industrial users which at any during the previous 12 months, were in
significant noncompliance with applicable pretreatment standards and requirements. For the
purpose of this section, an industrial user is in significant noncompliance if its violation meets
one or more of the following criteria:
(1) chronic violations of wastewater discharge limits, defined as those in which 66
percent or more of all of the measurements taken during a six -month period
exceed by any magnitude the daily maximum limit or the average limit for the
same pollutant parameter;
(2) technical review criteria (TRC) violations, defined here as those in which 33
percent 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);
(3) 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;
(4) any discharge of a pollutant that has caused imminent endangerment to human
health or welfare or to the environment or has resulted in the POTW's exercise of
its emergency authority under section 98 -198 to halt or prevent such a discharge;
(5) failure to meet, within 90 days after the schedule milestone contained in a local
control mechanism or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6) failure to provide, within 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;
0 (7) failure to accurately report noncompliance; or
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® (8) any other violation or group of violations the director determines will adversely
affect the operation or implementation of the local pretreatment program.
See. 98 -167. Affirmative defenses to upsets.
(a) Definition. For the purposes of this section, the term "upset" means an exceptional
incident in which there is ' unintentional and temporary noncompliance with categorical
pretreatment standards because of factors beyond the reasonable control of the industrial
user. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation.
(b) Effect. An upset shall constitute an affirmative defense to a penal sanction brought for
noncompliance with categorical pretreatment standards if the requirements listed in
subsection (c) of this section are met.
(c) 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:
(1) An upset occurred and the industrial user can identify the cause of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner
and in compliance with applicable operation and maintenance procedures; and
(3) The industrial user has submitted the following information to the POTW and the
city within 24 hours of becoming aware of the upset (if this information is
provided orally, a written submission must he provided within five days):
a. a description of the incident of noncompliance, and the nature and cause of
noncompliance;
b. the period of noncompliance, including exact dates and times or, if not
corrected, the anticipated time the noncompliance is expected to continue;
and
C. steps being taken or planned to reduce, eliminate and prevent recurrence of
the noncompliance.
(d) 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 preponderance of the evidence.
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® Sec. 98 -168. Affirmative defenses to bypass.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning.
Bypass means the intentional diversion of wastestreams from any portion of an industrial
user's treatment facility.
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.
(b) -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 (c) and
(d) of this section.
(c) Notice.
(1) 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 days before the date of the
bypass. If ten days' notice is not possible, the industrial user shall submit notice as
soon as possible.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds
applicable pretreatment standards to the director within 24 hours from the time the
industrial user becomes aware of the bypass. A written submission shall also be
provided within five 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 been corrected, the anticipated time it is expected to
continue; steps taken or planned to reduce, eliminate, and prevent reoccurrence 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 24 hours.
(d) Prohibition of bypass.
(1) Bypass is prohibited, and the director may take enforcement action against an
industrial user for a bypass, unless:
® a. the bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;
16
97.023 -9p
b. there were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate back -up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
C. The industrial user submitted notices as required under this section.
(2) The director may approve an anticipated bypass, after considering its adverse
effects, if the director determines that it will meet the three conditions listed in
subsection (d)(1) of this section and the industrial user complies with the notice
requirements of subsection (c) of this section.
(e) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish
the occurrence of a nonprohibited bypass shall have the burden of proving the occurrence
to a preponderance of the evidence.
Subdivision IL Administrative Enforcement Remedies
Sec. 98 -191. Notification of violation.
Whenever the director finds that any user has violated or is violating this article, a 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 30 days of the date of notice, a
plan for the satisfactory correction thereof shall be submitted to the director by the user.
Sec. 98 -192. Consent orders.
The director is empowered to enter in consent orders, assurances of voluntary
compliance, or other similar documents establishing an agreement with the industrial user
responsible for the noncompliance with this article or any permit. Such orders will include
specific action to be taken by the industrial user to correct the noncompliance 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 98 -194 and 98 -195.
Sec. 98 -193. Show cause hearing.
(a) 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 a discharge, the director shall first provide notice in the
17
971023 -9q
® form and manner described in subsection (b) of this section to the user and afford the user
an opportunity for a hearing in the form and manner described in this section before the
enforcement action is taken. lf,• after the directo,,' has complied with the notice
requirements as described in subsection (b), 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.
(b) Notice must be sent to the user at least eight days prior to the proposed date of the
proposed enforcement action, if notice is sent by mail, or at least five days prior to the
proposed enforcement action, if notice is delivered by the director. 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:
(1) the name of the user against whom the enforcement action is proposed to be
taken;
(2) the address of the user against whom the enforcement action is proposed to be
taken;
(3) the reason for the proposed enforcement action including the date and general
nature of the alleged violation of this article;
(4) 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;
(5) 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;
(6) the means by which the user may arrange for such a hearing; and
(7) 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 day prior to the date of the proposed
enforcement action, nor may that deadline ever be sooner than five days from the
date of sending of the notice, the five days not including weekdays on which city
offices are closed for holidays.
(c) After the deadline for requesting a hearing as described in subsection (b) of this section
has passed, a user may still request a hearing to review the proposed enforcement action
within ten 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 notice. When a hearing pursuant
to this subsection is requested, the city manager shall as soon as practicable make a
determination of whether the appeal appears to be meritorious, and if the city manager
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971023 -9r
® determines that it is meritorious, the city manager shall order that the proposed
enforcement action be postponed pending the appeal.
(d) If any user requests 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 may appoint, which person must be of managerial employment and not
involved in the original decision to take the proposed enforcement action, in this context
known as the hearing officer. The hearing shall be held no sooner than the next business
day nor later than 15 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 not 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 representative of the
utilities department be present at 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 conclusions. If the
hearing officer finds 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, or any administrative agency thereof.
(e) 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.
Sec. 98 -194. Compliance order.
When the director finds that an industrial user has violated or continues to violate this
article or a permit or order issued under this article, but where the violation does not involve a
pass through or interference that could cause the city to be in violation of federal or state
environmental regulations, 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 noncompliance,
including the installation of pretreatment technology, additional self - monitoring, and
management practices.
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® Sec. 98 -195. Cease and desist orders.
When the director finds that an industrial user has violated or continues to violate this
article or any permit or order issued under this article, the director may issue an order to cease
and desist all such violations and direct those persons in noncompliance 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.
Sec. 98 -196. Administrative fines.
Notwithstanding any other section of this article, any user who is found to have violated
any provision of this article or any permits and orders issued under this article, shall be fined in
an amount not to exceed $2,000.00 per violation. Each day on which noncompliance 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 take 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
section 98 -193.
Sec. 98 -197. Emergency suspensions.
(a) The director may suspend the wastewater treatment service and 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.
(b) Any user notified of a suspension of the wastewater treatment service or the permit shall
immediately stop or eliminate its contribution. If a user fails 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 98 -198 are initiated against
the user.
(c) 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
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97.023 -9t
date of the hearing described in paragraph section 98 -193, or within the time period
allowed for requesting such a hearing if no hearing is requested.
Sec. 98 -198. Termination of discharge.
The director shall have authority, after infonnal 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 endangerment 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.
Sec. 98 -199. Post enforcement hearing.
Under this article, 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, 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 98 -193. 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 98- 193(b), 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 days after the
mailing of the notice nor later than 15 days after the mailing of the notice.
Subdivision III. Judicial Enforcement Remedies
Sec. 98 -221. Injunctive relief.
Whenever an industrial user has violated or continues to violate the provisions of this
article or any permit or order issued under this article, 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.
Sec. 98 -222. Civil Penalties.
For any user who is found to have violated an order of the director or who intentionally,
recklessly or negligently fails to comply with any section of this article, and the orders, rules,
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971023 -9u
regulations and permits issued under this article, a civil penalty shall be assessed of not more
than $2,000.00 for each offense. Each day on which a violation shall occur or continue shall be
deemed a separate and distinct offense. The city is specifically authorized to recover all
consequential damages available at law or in equity resulting directly or indirectly from an
unauthorized discharge to the POTW, including upsets or bypasses. Such damages shall include,
but not be limited to, any fines or penalties assessed against the city 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 under this article.
Additional recoveries and relief in law or equity under existing federal or state law are not
precluded by specific recoveries obtained by the city under this subdivision.
Sec. 98 -223. Criminal prosecution.
(a) 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 dollars ($2,000.00) per violation. Each
day on which a violation shall occur or continue shall be deemed a separate and distinct
offense.
(b) Falsifying information. Any industrial user who knowingly makes any false statements,
representations, or certifications in any application, record, report, plan or other document
filed or required to be maintained pursuant to this article or any 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 misdemeanor affecting fire, safety,
public health, or sanitation and shall be punished by a fine of not more than two thousand
dollars ($2,000.00) per violation. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense.
(c) Federal or state penalties. Nothing in this subdivision shall be construed to limit the
liability of any violator to penalties or fines imposed by agencies of the United States or
this state.
DIVISION 3. PERMITS
Sec. 98 -251. General permit requirements.
(a) Notice from nondomestic users. Under this article, every nondomestic user must notify
the director of the nature and characteristics of its wastewater prior to commencing the
discharge. The director is authorized to prepare a form for this purpose.
® (b) Control of contributions to POTW. The POTW shall have legal authority to control
through permit, order, or similar means, the contribution to the POTW by each industrial
22
971023 -9v
• user to ensure compliance with applicable pretreatment standards and requirements. For
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.
(c) Wastewater survey. Every industrial user shall complete a wastewater discharge permit
application/survey approved by the director within 30 days of written instruction to do so
by a city official.
(d) Permit required effect of permit. It shall be unlawful for any categorical or 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 a permit shall be deemed a
violation of this article. Obtaining a permit does not relieve a permittee of its obligation
to obtain other permits required by federal, state, or local law.
(e) Denial or conditions of new or increased contributions. 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.
(f) Additional users requiring permit. The director may require that other industrial users,
including liquid waste haulers, obtain wastewater discharge permits as necessary to carry
out the purposes of this article.
(g) Users outside city limits. Any industrial user located beyond city limits, including, but
not limited to, extrajurisdictional industrial users, shall submit a permit application in
accordance with this article within 30 days of the effective date of the ordinance from
which this article derives. A 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 article, including all
permitting, compliance monitoring, reporting, and enforcement sections of this article.
(h) Existing connections. Any significant industrial user which discharges nondomestic waste
into the sanitary sewer system prior to the effective date of the ordinance from which this
article derives and who wishes to continue such discharges in the future, shall within 90
days after such effective date, apply to the director for a wastewater discharge permit and
shall not cause or allow discharges to the POTW to continue after 180 days from and
after the effective date of the ordinance from which this article derives except in
accordance with a permit issued by the director.
(i) 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 startup date.
23
971.023 -9w
• (j) Certification statement. All permit applications must contain the following certification
statement and shall be signed in accordance with subsections (k)(1), (2), (3) or (4) of this
section:
n
U
"I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather
and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system; or those persons directly
responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(k) Signatures on certification statement. The certification statement required in subsection
0) of this section shall be signed by the following:
(1) a responsible corporate officer, if the industrial user submitting the reports is a
corporation. For the purpose of this subsection a responsible corporate officer
means:
a. 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
b. the manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual sales or
expenditures exceeding $25,000,000.00, in second quarter 1980 dollars, if
authority to sign documents has been assigned or delegated.
(2) a general partner or proprietor if the industrial user submitting the reports is a
partnership or sole proprietorship, respectively.
(3) the principal executive officer or director having responsibility for the overall
operation of the discharging facility if the industrial user submitting the reports is
a federal, state, or local governmental entity, or its agents.
(4) a duly authorized representative of the individual designated in subsections (k)(1),
(2) or (3) of this section if:
a. the authorization is made in writing by the individual described in
subsection (k)(1), (2), or (3) of this section;
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971023 -9x
® b. the authorization specified either an individual or a position having
responsibility for the overall operation of the facility from which the
industrial user discharge originates, such as the director, or a position of
equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
C. the written authorization is submitted to the director.
(5) If an authorization under paragraph (k)(4) of this section is no longer accurate
because 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 requirements of subsection (k)(4) of
this section must be submitted to the director prior to or together with any reports
to be signed by an authorized representative.
Sec. 98 -252. Application.
In order to be considered for a wastewater discharge permit, every industrial user required
to have a permit must submit the following information on an application form approved by the
director:
(1) the 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, including 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) the 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;
25
971023 -9y
® (9) type and amount of raw materials processed (average and maximum per day);
0
(10) the 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) or additional pretreatment
is required for the user to meet all applicable federal, state and local standards. If
additional pretreatment or O &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 O &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 increments in the form of dates for the
commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the user
to meet the applicable pretreatment standards. Such events include hiring
an engineer, completing preliminary plans, completing final plans,
commencing construction, completing construction, beginning operation,
and conducting routine operation. No increment referred to in this
subsection shall exceed nine months, nor shall the total compliance period
exceed 18 months; and
b. no later than 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 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 must be certified for accuracy by a professional engineer
registered in the state unless otherwise accepted by the director; and
(14) A statement, reviewed by an authorized representative of the industrial user, as
defined in this article, and certified to by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis, and, if not,
whether additional 0 &M and additional pretreatment is required for the industrial
user to meet the pretreatment standards and requirements.
26
0
971023 -9z
See. 98 -253. Contents.
A wastewater discharge permit issued under this division shall contain the following:
(1) a statement of duration (in no case more than three years);
(2) a statement of nontransferability without, at a minimum, prior notification to the
POTW and provision of a copy of the existing control mechanism to the new
owner or operator;
(3) the effluent limits based on applicable general pretreatment standards in 40 CFR
Part 403, categorical pretreatment standards, local limits, and state and local law;
(4) self - monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the pollutants to be monitored,
sampling location, sampling frequency, and sample type, based on the applicable
general pretreatment standards in 40 CFR Part 403, categorical pretreatment
standards, local limits, and state and local law;
(5) a statement of applicable civil and criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule. Such
schedules may not extend the compliance date beyond applicable federal
deadlines;
(6) limits on average and maximum rate and time of discharge or requirements for
flow regulations and equalization;
(7) requirements for installation and maintenance of inspection and sampling
facilities. Where the installation of a sampling facility is required, the industrial
user shall have 90 days to install it from the date of the issuance of their permit;
(8) compliance schedules;
(9) requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the city, and affording city access thereto;
(10) 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;
and
(11) other conditions as deemed appropriate by the city to ensure compliance with this
article.
27
971023 -9aa
Sec. 98 -254. Issuance.
The director will evaluate the data furnished by the industrial user on the wastewater
permit application and may require additional information. After evaluation of the data furnished,
the director may issue a permit subject to terms and conditions provided therein.
Sec. 98 -255. Appeals.
(a) Except as provided in sections 98 -197 and 98 -198, the director shall give ten days' prior
notice to any person whose utilities are to be terminated pursuant to this article. Any such
notice shall specify the reasons for the proposed termination and inform the affected
person of the appeal procedure provided in this section. If, within such 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 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 in this section. If any such affected
person desires a hearing, he shall file a notice of appeal with the director no later than ten
days after his receipt of the director's official notice of decision.
(c) The director shall establish rules not inconsistent with this division governing hearing
procedures.
(d) The director 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.
(e) The hearings examiner may, in lieu of termination of service, require any or all of the
following:
(1) penalties not to exceed $2,000.00 per day;
(2) special permit conditions;
(3) mandatory compliance schedules; or
(4) any other action which he deems just and equitable.
(f) The City may immediately terminate water /wastewater service and provide a hearing as
described in this section within three days of initial termination, if the director determines
that a discharge from an industrial user presents an imminent threat that:
28
971023 -9bb
(1) the health of city employees or the public will be endangered, or
(2) a likelihood that the city's treatment plant permit parameters, including sludge,
will be violated,
(g) To be effective under this section, a notice shall be in writing and either:
(1) delivered in person to the person or his agent entitled to receive such notice; or
(2) sent by United States certified mail, return receipt requested, to the person or his
agent entitled to receive notice.
Sec. 98 -256. Modifications.
Within nine months of the promulgation of a national categorical pretreatment standard,
the wastewater discharge permit to a user 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 permit as required by the act, the user shall apply for a permit within 180 days
after the promulgation of the applicable national pretreatment standard. In addition, the user with
an existing permit shall submit to the director within 180 days after the promulgation of an
applicable federal categorical pretreatment standard the information required by 40 CFR Section
§ 403.12. 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.
Sec. 98 -257. Transferability.
A wastewater discharge permit is 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, a new user, a different premises, or a new or changed operation without the
approval of the director. J
See. 98 -258. Revocation.
(a) The director is authorized to suspend or revoke any permit issued under this division and
terminate service at any time that the permittee:
(1) violates any section of any city ordinance pertaining to sewage disposal into the
city sewers, or
29
n
971023 -9cc
(2) discharges waste in a quantity or a quality violating the provisions of the permit or
otherwise prohibited by the article or other related city ordinances.
(b) If a permittee violates any conditions of its permit, the permittee shall submit written
notice to the director within 15 days of such violation outlining the steps which will be
taken to effectuate correction of such violation. The violation shall be corrected within 30
days after the occurrence of such violation, unless a different time schedule for correction
is approved by the director.
(c) If the director discovers a violation of a permit condition, the director will give written
notice of such violation to the permittee, and the permittee shall, within 15 days after
receipt of such notice, furnish the director in writing the proposed action which will be
taken to effectuate correction of such violation.
Sec. 98 -259. Renewal.
The user shall apply for reissuance or a wastewater discharge permit reissuance by
submitting a complete permit application a minimum of 90 days prior to the expiration of the
user's existing permit.
DIVISION 4. USER CHARGES AND AGREEMENTS
Sec. 98 -286. Payment and agreement required.
(a) A person making discharges of industrial waste where the discharge contains excessive
loadings of BOD or TSS shall pay a user charge to cover the cost of collection and
treatment.
(b) When discharges of industrial waste are approved by the city, the city shall enter into an
agreement or arrangement providing:
(1) the terms of acceptance by the city; and
(2) payment by the person making the discharge.
Sec. 98 -287. User charge and added costs.
(a) If the volume or character of the waste to be treated by the city does not cause
overloading to sewage collection, treatment, or disposal facilities of the city, prior to
approval, the city and the person making the discharge shall enter into an agreement
which provides that the discharger pay an industrial waste charge to be determined from a
current analysis on the discharger's wastewater and the unit cost calculated by the city. If
30
0
0
971023 -9dd
the BOD and TSS cannot be maintained in compliance with normal domestic wastewater,
the city may impose an appropriate user charge.
(b) If the volume or character of the waste to be treated by the city requires that wastewater
collection, treatment, or other disposal facilities of the city be improved, expanded, or
enlarged in order to treat the waste, prior to approval, the city and the person making the
discharge shall enter into an agreement which, provides that the discharger pay in full all
added costs the city may incur due to acceptance of the waste.
(c) The agreement entered into pursuant to subsection (b) of this section shall include, but
not be limited to:
(1) amortization of all capital outlay for collecting and treating the waste, including
new capital outlay and the proportionate part of the value of the existing system
used in handling and treating the waste;
(2) O &M, including salaries and wages, power costs, costs of chemicals and supplies,
proper allowances for maintenance, depreciation, overhead, and office expense.
(d) Amortization shall be completed in a 30 -year period and payment shall include all debt
service costs.
Sec. 98 -288. User charge agreements.
(a) Under this division, user charges shall be calculated by the following formula with the
city's unit cost being assessed after testing has been done:
Where:
User charge = [ BOD +TSS 1?Sn )Sn
x (O &M costs) x (volume)
BOD Represents the biochemical oxygen demand in mg/1 of the
industrial waste. Note: For concentrations less than or equal to 250
mg /l, the value of BOD shall be considered zero.
TSS Represents the biochemical oxygen demand in mg /l of the
industrial waste. Note: For concentrations less than or equal to 250
mg /l, the value of TSS shall be considered zero.
O &M cost Represents operations and maintenance cost of the City's sewer
works. Note: The operations and maintenance cost as determined
by the city shall be periodically updated.
Volume Represents volume discharged in thousand gallons.
971023 -gee
(b) The volume of waste shall be determined by the same methods used to calculate the
normal sewer service charge or by a sewage flow meter that has been approved by the
city and purchased, installed and maintained by the permittee.
(c) All flow rates, BOD and TSS values used in determination of the surcharges
contemplated in this division shall be reevaluated at least annually.
Sec. 98 -289. Adjustment of charges.
(a) The city shall adjust sewer user charges at least annually to reflect changes in the
characteristics of wastewater based on the results of sampling and testing.
(b) Increases in charges shall continue for 12 billing periods unless subsequent tests
determine that the charge should be adjusted.
(c) The city shall review at least annually the basis for determining charges and shall adjust
the unit cost in the formula to reflect increases or decreases in wastewater treatment and
collection costs based on the previous year's experience.
(d) The city shall bill the discharger by the month and shall show industrial waste charges as
a separate item on the regular bill for water and sewer charges. The discharger shall pay
monthly in accordance with practices existing for payment of sewer charges.
Sec. 98 -290. Failure to pay.
In addition to sanctions provided for by this article, the city is entitled to take any action
as provided for by this Code and other city ordinance for failure to pay the bill for water and
sanitary sewer service when due.
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS
See. 98 -316. Prohibited discharges.
Under this article, a user shall not introduce into a POTW any pollutant that may cause
pass through or interference. The general prohibitions and the specific prohibitions in section 98-
317 apply to each user introducing pollutants into a POTW whether or not the user is subject to
other national pretreatment standards or any national, state, or local pretreatment requirements.
32
971023 -9ff
® Sec. 98 -317. Specific prohibitions.
In addition to the general prohibited discharges specified in section 98 -316, the following
pollutants shall not be introduced into a POTW:
(l) Pollutants which create a fire or explosion hazard in the POTW, including, but not
limited to, wastestreams with a closed cup flashpoint of less than 140 degrees
Fahrenheit or 60 degrees centigrade using the test methods specified in 40 CFR §
261.21.
(2) Pollutants which will cause corrosive structural damage to the POTW, but in no
case discharges pH lower than 5.0, unless the works are specifically designed to
accommodate such discharges.
(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 (BOD, 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) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65
degrees Celsius) or any substance with 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 exceeds
40 degrees Celsius (104 degrees Fahrenheit) unless the administrator upon request
of the POTW, approves the alternate temperature limit.
(6) Petroleum oil, or petroleum oil products, nonbiodegradable cutting oil, or
products of mineral oil origin in amounts that may, in the opinion of the director,
cause interference or pass through.
(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 industrial or domestic waste or wastewater from any tank truck or vehicle
into any sewer, manway, manhole, street or public sewage treatment plant within
the city without written authorization from the director.
See. 98 -318. Federal categorical pretreatment.
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
33
971023 -9gg
® subpart of 40 CFR chapter I, subchapter N. These standards, unless specifically noted otherwise,
shall be in addition to all applicable pretreatment standards and requirements.
Sec. 98 -319. Local limits.
(a) Pursuant to 40 CFR § 403.8, each POTW shall develop and enforce specific limits to
implement the prohibitions listed in subsections 98 -320 (a) and (c). The local limits in
this section are based on the most restrictive uniform allocation method from all three of
the city's POTWs. These local limits shall continue to be developed and reevaluated as
necessary and the POTW will effectively enforce such limits.
(b) Where specific prohibitions or limits on pollutants or pollutant parameters are developed
by a POTW in accordance with this division, such limits shall be deemed pretreatment
standards for the purposes of section 307 (d) of the act. Such limits shall apply at the last
discharge point from the industrial user prior to discharging into the city's sewer system.
Sec. 98 -320. Specific Pollutant Limitations.
(a) Maximum concentrations of heavy metals. Under this article, 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 40 CFR Part 136 are as follows:
(1) Arsenic, 0.125 mg /1;
(2) Barium, 0.018 mg /1;
(3) Chromium, 0.057 mg/l;
(4) Copper:
a. If discharging into the Central District Wastewater Treatment Plant, 0.000
mg /1; and
b. If discharging into any other facility, 0.462 mg /l;
(5) Cyanide, 0.084 mg /1;
(6) Lead, 0.089 mg /l;
(7) Mercury, 0.004 mg/l;
(8) Nickel 0.924 mg/l;
(9) Silver 0.086 mg /l; and
® (10) Zinc:
34
•
971023 -9hh
a. If discharging into the West District Wastewater Treatment Plant, 0.553
mg /l; and
b. If discharging into any.other facility 2.347 mg /1.
(b) Permit for other heavy metals or toxic pollutants. No other heavy metals or toxic
pollutants may be discharged into public sewers without a permit from the city specifying
conditions of pretreatment, concentrations, volumes, and other applicable provisions.
(c) Prohibited heavy metals and toxic materials. Prohibited heavy metals and toxic materials
include, but are not limited to, the following:
(1) Antimony;
(2) Beryllium;
(3) Bismuth;
(4) Cobalt;
(5) Molybdenum;
(6) Tin;
(7) Uranyl ion;
(8) Rhenium;
(9) Strontium;
(10) Tellurium;
(11) Herbicides;
(12) Fungicides; and
(13) Pesticides.
(d) Prohibited discharges. No person may discharge to public sewers any waste which by
itself or by interaction with other wastes may:
(1) injure or interfere with wastewater treatment processes or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the POTW effluent.
35
971023 -9ii
® (e) Chemical discharges.
L11.
(1) No discharge to public sewers may contain:
a. chlorides in concentrations greater than 250 me;
b. gasoline, benzene,' naphtha, fuel oil, or other flammable or explosive
liquid, solid or gas;
C. substances causing an excessive chemical oxygen demand; or
d. fluoride other than that contained in the public water supply;
(2) No waste or wastewater discharged to public waters may contain:
a. strong acid, iron pickling wastes, or concentrated plating solutions whether
neutralized or not;
b. fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg /l
or containing substances which may solidify or become viscous at
temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees
Celsius).
C. No waste, wastewater, or other substance may be discharged into public
sewers which has a pH lower than 5.0 or higher than 9.0 or any other
corrosive property capable of causing damage or hazard to structures,
equipment, and personnel at the wastewater facilities. The limits set forth
in this subsection may be altered in a permit properly issued pursuant to
this article.
d. All waste, wastewater, or other substance containing phenols, hydrogen
sulfide, or other taste- and odor - producing substances, shall conform to
concentration limits established by the city. After treatment of the
composite wastewater, concentration limits may not exceed the
requirements established by state, federal, or other agencies with
jurisdiction over discharges to receiving waters.
(f) Garbage.
(1) No person may discharge garbage into public sewers unless it is shredded
to a degree that all particles can be carried freely under the flow conditions
normally prevailing in public sewers. Particles greater than one -half inch
in any dimension are prohibited.
36
971023 -9j.]
® (2) The city is entitled to review and approve the installation and operation of
any garbage grinder equipped with a motor of three - fourths horsepower
(0.76 hp metric) or greater.
(g) Storm water and other unpolluted drainage. No person shall discharge, or cause
to be discharged, any storm water, ground water, roof runoff, subsurface drainage,
downspouts, yard drains, yard fountains, and ponds or lawn sprays into any
sanitary sewer. Water from swimming pools, unpolluted industrial water, such as
boiler drains, blowoff pipes, or cooling water from various equipment, shall not
be discharged into sanitary sewers without a permit issued through this article by
the city. With a permit, it may be discharged into the sanitary sewer by an
indirect connection where by such discharge is cooled, if required, and flows into
the sanitary sewer at a rate not in excess of three gallons per minute; provided,
that the waste does not contain materials or substances in suspension or solution
in violation of the limits prescribed by this article.
(h) Temperature. No person may discharge liquid or vapor having a temperature
higher than 150 degrees Fahrenheit (65 degrees Celsius), or any substance that
causes the temperature of the total wastewater treatment plant influent to increase
at a rate of ten degrees Fahrenheit or more per hour, or a combined total increase
of plant influent temperature to 110 degrees Fahrenheit.
(i) Radioactive wastes.
(1) No person may discharge radioactive wastes or isotopes into public sewers
without the permission of the city.
(2) The city may establish, in compliance with applicable state and federal
regulations, regulations for discharge of radioactive wastes into public
sewers.
(j) Concentrations ofdissolved solids. Materials that exert or cause concentrations of
dissolved solids greater than 250 mg /l to be discharged as follows, are prohibited,
including, but not limited to, the following:
(1) sodium chloride and
(2) sodium sulfate.
(k) Discoloration. A prohibited discharge includes materials with excessive
discoloration, including, but not limited to, the following:
(1) dye wastes and
® (2) vegetable tanning solutions.
37
971023 -9kk
(1} Excessive BOD, COD or chlorine. No person shall discharge B.O.D., C.O.D., or
chlorine demand in excess.of normal plant capacity.
(m) Other prohibitions. No person may discharge into public sewers any substance
that may:
(1) deposit grease or oil in the sewer lines in such a manner as to clog the
sewers;
(2) overload skimming and grease handling equipment;
(3) pass to the receiving waters without being effectively treated by normal
wastewater treatment processes due to the nonamenability of the substance
to bacterial action; or
(4) deleteriously affect the treatment process due to excessive quantities.
(n) Treatment amenability. No person may discharge any substance into public
sewers that:
is not amenable to treatment or reduction by the processes and facilities
38
employed; or
(2)
is amenable to treatment only to such a degree that the treatment plant
effluent cannot meet the requirements of other agencies having jurisdiction
over discharge to the receiving waters.
(o) Solid
or viscous substances. No person may discharge into public sewers solid or
viscous
substances which may violate section 98 -316 if present in sufficient
quantity or size, including, but not limited to:
(1)
ashes,
(2)
cinders,
(3)
sand,
(4)
mud,
(5)
straw,
(6)
shavings,
(7)
metal,
(8)
glass,
38
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
rags,
feathers,
tar,
plastics,
wood,
unground garbage,
whole blood,
paunch manure,
hair and fleshings,
entrails,
paper products, either whole or ground by garbage grinders,
slops,
chemical residues,
paint residues, and
bulk solids.
971023 -911
Sec. 98 -321. Pretreatment required.
A person or owners discharging industrial wastes that exhibit any of the prohibited wastes
set out in the specific pollutant limitations in this article shall pretreat or otherwise dispose of
such industrial waste to make the remaining waste acceptable to the city water utilities.
Sec. 98 -322. Excessive BOD and TSS.
A person or owner discharging industrial wastes that exhibit none of the characteristics of
wastes whose discharge is prohibited by this article or other applicable local, state or federal
regulation, other than TSS and BOD in excess of normal domestic wastewater, as defined in this
article, shall be required to pretreat the industrial wastes to meet the required levels of normal
39
971023 -9mm
40 domestic wastewater or entered into a user charge agreement as provided in division 4 of this
article. Such nonprohibited wastes may be accepted for treatment if:
(1) the waste will not cause damage to the public sewers or be in violation of this
article as prohibited discharges;
(2) the waste will not impair the treatment process; and
(3) the donor of the waste enters into a contractual and permit agreement as set forth
in this article.
Sec. 98 -323. City's right of revision.
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 this article or to secure any other objectives within the police powers
of the city.
Sec. 98 -324. 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.
DIVISION 6. REPORTING AND SAMPLING
Sec. 98 -351. 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 sections. Where reports containing this
information already have been submitted to the director of EPA, region 6, in 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 subsequent to the promulgation of an applicable categorical
standard, shall be required to submit to the director a report which contains the information listed
in subsections(1) through (5) of this section. New sources shall also be required to include in this
® report information on the method of pretreatment the source intends to use to meet applicable
40
971023 -9nn
® pretreatment standards. New sources shall give estimates of the information requested in
subsections (4) and (5) of this section. The information required is as follows:
(1) Identifying information. The user shall submit the name and address of the facility
including the name of the operator and owner;
(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
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;
(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 40 CFR § 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. 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
41
971023 -goo
® such cases, samples may be obtained through time - proportional composite
sampling techniques or through a minimum of four grab samples where
the user demonstrates to a reasonable certainty that this will provide a
representative sample of the effluent being discharged.
d. The user shall take a minimum of one representative sample to compile
that data necessary to comply with the requirements of this subsection.
e. Samples should be taken immediately downstream 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 concentrations 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.
£ 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 40
CFR Part 136 sampling and analytical techniques are inappropriate for the
pollutant in question, sampling and analysis shall be performed by using
methodology approved by the administrator.
g. The director may allow the submission of a baseline report which utilizes
only historical data so long as the data provides information sufficient to
determine the need for industrial pretreatment measures.
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 shall be submitted and reviewed by an authorized
representative of the industrial user, as defined in this article, and certified by a
qualified professional, indicating whether pretreatment standards are being met on
a consistent basis, and, if not, whether additional O &M or additional pretreatment
is required for the industrial user to meet the pretreatment standards and
requirements; and
(7) Sampling and analysis. All sampling and analysis required by this division shall
® be performed by an independent laboratory that has been approved by the director.
All costs of such sampling and analysis shall be borne by the user.
42
971023 -9pp
Sec. 98 -352. Authority to establish compliance schedules.
If additional pretreatment or O &M will be required to meet the pretreatment standards,
the shortest schedule by which the industrial user will provide such additional pretreatment or
O &M is required. The completion date in this schedule shall not be later than the compliance
date established for the applicable pretreatment standard. The following conditions shall apply to
the schedule required by this section:
(1) The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the industrial user to meet
applicable categorical pretreatment standards, including, but not limited to, hiring
an engineer, completing preliminary plans, completing final plans, executing
contract for major components, commencing construction, completing
construction, etc. No inclement referred to in this subsection shall exceed nine
months; and
(2) Not later than 14 days following each date in the schedule and the final date for
compliance, the industrial user shall submit a progress 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 increment 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 months elapse between such progress reports to the
director.
Sec. 98 -353. Report on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical
pretreatment standards or for 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
subsections 98- 351(1) through (6). For industrial users subject to equivalent mass or
concentration limits established by the director in accordance with the procedures 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 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.
43
U
971023 -9qq
Sec. 98 -354. Categorical industrial user. periodic compliance reports.
Any industrial user subject to a categorical pretreatment standard, after the compliance
date of such pretreatment standard, or, for a new source, after commencement 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 administrator, 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 average and maximum daily flows for the reporting period for the
discharge reported in section 98- 351(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.
Sec. 98 -355. Noncategorical significant industrial user compliance reports.
(a) The director shall require appropriate reporting from those industrial users with
discharges that are not subject to categorical pretreatment standards. Noncategorical
significant industrial users shall submit to the director at least once every six 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
accordance with the techniques described in 40 CFR Part 136 and amendments thereto.
(b) This sampling and analysis may be performed by the director in lieu of the significant
industrial user. Where the POTW itself collects all the information required for the report,
the noncategorical significant industrial user will not be required to submit this report.
Sec. 98 -356. Report due dates and requirements for sampling to be performed during
reporting period.
(a) The reports required in sections 98 -353 through 98 -355 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.
(b) The reports required in sections 98 -353 through 98 -355 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
ensure compliance by industrial users with applicable pretreatment standards and
requirements.
44
971023 -9rr
• Sec. 98 -357. Inspection and sampling of industrial users by POTW at least once per year.
C
(a) Under this article, the POTW shall:
(1) randomly sample and analyze the effluent from industrial users and conduct
surveillance activities in order to identify, independent of information supplied by
industrial users, occasional and continuing noncompliance with pretreatment
standards;
(2) 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 independent laboratory at the request of the director.
All costs of such inspection, sampling, and analysis shall be borne by the user;
and
(3) evaluate, at least once every two years, whether each such significant industrial
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, including, but
not limited to, an accidental spill or a non - customary batch discharge.
(b) The results of such activities shall be available to the administrator upon request.
Sec. 98 -358. - Self- monitoring requirements for significant industrial users.
The reports required in section 98 -355 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 that are limited by the applicable
pretreatment standards.
Sec. 98 -359. Certification statements.
Under this article, any person signing the permit application statement shall make the
certification as stated in section 98- 251(j).
Sec. 98 -360. Notification of changed discharge.
Every industrial user 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).
45
® Sec. 98 -361. Notice of potential problems, including slug loading.
971023 -9ss
Every categorical and noncategorical industrial user shall notify the POTW immediately
of all discharges that could cause any difficulties in meeting the objectives of this article,
including any slug loadings, as defined by 40 CFR § 403.5(b), by the industrial user.
Sec. 98 -362. Reports required for nonsignificant /minor users.
(a) Effect of permit endorsement. Under this article, a permit endorsement is issued to an
industrial user that certifies no industrial wastewater is discharged to the city's sanitary
sewer. The permit is issued based on that certification.
(b) Noncategorical industrial users. All industrial users not identified as categorical
industrial users under 40 CFR § 403.6 and 40 CFR 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 years
after the waste material has left the users facility. If any process changes, including
discharging wastewater from any new or existing process to the sanitary sewer,
application must be made at least 30 days prior to the proposed change.
(c) Categorical industrial users.
(1) All industrial users subject to federal categorical pretreatment regulations are
required to submit semiannual 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 -month reporting period.
(2) If any person plans to begin discharging industrial waste from any regulated
process operation to the city's sanitary sewer system, it is a requirement of 40
CFR § 403.12(b) that existing sources that become indirect dischargers after the
promulgation of an applicable categorical pretreatment standard must submit a
baseline monitoring report to the director at least 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 pollutants in its wastestream.
(3) All industrial users subject to federal categorical pretreatment regulations must
maintain a written log of all waste material that goes to an off -site disposal
facility. The log shall be available for inspection by the industrial wastewater
service for a minimum of three years after the waste material has left the user's
facility.
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40 Sec. 98 -363. Notification of violation.
(a) if sampling performed by an industrial user indicates a violation of the applicable
pretreatment standards, the user shall notify the director within 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 30, days after becoming aware of
the violation, except the industrial user is not required to resample if the director performs
sampling of the industrial user:
(1) at a frequency of at least once per month or
(2) between the time when the user performs its initial sampling and the time when
the user receives the results of this sampling.
(b) 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.
Sec. 98 -364. Analytical requirements.
Under this division, 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 40 CFR Part 136 sampling and analytical techniques are
inappropriate 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.
Sec. 98 -365. Method of sample collection.
(a) 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 maintain a control over the discharges from the permittee. The method
used in the examination of all industrial wastes to determine BOD, TSS, chlorine demand
and prohibited wastes shall be as set forth in 40 CFR Part 136.
(b) Subsection (a) of this section is not applicable in connection with the following:
(1) a permit application;
® (2) demonstration of compliance after violations of any discharge standard; or
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(3) 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.
(c) 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 in this article. 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 approved 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.
(d) Written notice from the director approving sampling and analyses by an independent
laboratory to establish user charges under this article may be canceled by the director by
giving written notice of such cancellation to the permittee.
(e) 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 reference, and described in, 40
CFR § 136.3, tables IA, I13, IC, ID, and IE or by an alternate test procedure that has been
approved by the director under the provisions of 40 CFR §§ 136.4 and 136.5. Under
certain circumstances, 40 CFR § 136.3(b) or (c), or 40 CFR § 401.13, other test
procedures may be used that may be more advantageous 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.
(f) Under certain circumstances, the administrator may approve, upon recommendation by
the director of the Environmental Monitoring and Support Laboratory, Cincinnati, Ohio,
additional /alternate test procedures for nationwide use.
(g) Sample preservation procedures, container materials, and maximum allowable holding
times for parameters cited in tables IA, IB, IC, ID, and IE of 40 CFR § 136.3 are
prescribed in table I1, 40 CFR § 136.3. Any person may apply for a variance from the
prescribed preservation techniques, 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
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® and Support Laboratory in Cincinnati, Ohio, for technical review and recommendations
for action on the variance application. Upon receipt of the recommendations from the
director of the Environmental Monitoring and Support Laboratory, the administrator may
approve a variance applicable to the specific discharge by the applicant. A decision to
approve or deny approval of a variance will be made within 90 days of receipt of the
application by the administrator. Upon approval by the administrator, the applicant may
then present the request for the variance to the city council.
Sec. 98 -366. Recordkeeping.
(a) Any industrial user and POTW subject to the reporting requirements established in this
article shall maintain records of all information resulting from any monitoring activities
required by this division. Such records shall include the following for all samples:
(1) the date, exact place, method, and time of sampling and the name of the person
taking the sample;
(2) the dates that the analyses were performed;
(3) who performed the analyses;
(4) the analytical techniques /methods used; and
(5) the results of such analyses.
(b) Any industrial user or POTW subject to the reporting requirements established in this
division shall be required to retain for a minimum of three years any records of
monitoring activities and results, whether or not such monitoring activities are required
by this division, and shall make such records available for inspection and copying by the
director and the administrator and POTW for 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.
See. 98 -367. Fraud and false statements.
The reports and other documents required to be submitted or maintained under the
division shall be subject to:
(1) the provisions of 18 USC chapter 1001 relating to fraud and false statements;
(2) 40 CFR § 309(c)(4) of the act, as amended, governing false statements,
representation or certification; and
• (3) 40 CFR § 309(c)(6) regarding responsible corporate officers.
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DIVISION 7. COMPLIANCE MONITORING
Sec. 98 -396. Inspection and sampling.
The POTW shall carry out all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by industrial users, compliance or
noncompliance 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.
Sec. 98 -397. Right of entry.
A person or occupant 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 his
duties.
Sec. 98 -398. Inspection for compliance.
Under this article, 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 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 city, state and EPA will be permitted to enter, without unnecessary delay, for
the purposes of performing their specific responsibilities.
Sec. 98 -399. Independent samples.
The director may select an independent firm or laboratory to determine flow and any
necessary parameter limit testing required under this article. All costs of such sampling and
analysis shall be borne by the user.
Sec. 98 -400. Installation of monitoring equipment.
(a) Under this article, 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 internal drainage systems. The monitoring facility should
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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
constructed in the public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility, sampling, and measuring
equipment shall be maintained at all times in a safe and proper operating condition at the
expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities
shall be provided in 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.
Sec 98 -401. Inspection and copying of records.
Any industrial user or POTW subject to the reporting requirements established in 40 CFR
Part 403 shall be required to retain for a minimum of three 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 inspection and copying by the director and the
administrator and POTW, for 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.
Sec. 98 -402. Search warrants.
(a) Under this article, a search warrant may be issued to the fire marshal, 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.
(b) 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.
(c) In determining probable cause, the magistrate is not limited to evidence of specific
knowledge, but may consider any of the following:
(1) the age and general condition of the premises;
i(2) previous violations or hazards found present in the premises;
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® (3) the type of premises;
(4) the purposes for which the premises is used; and
(5) the presence of hazards or violations in and the general condition of premises near
the premises sought to be inspected.
(d) The city may designate one code enforcement official for the purpose of being issued a
search warrant as authorized by subsection (a) of this section.
DIVISION 8. ACCIDENTAL DISCHARGES
Sec. 98 -431. Pretreatment facilities.
Every industrial user shall provide necessary wastewater treatment as required to comply
with this article and shall achieve compliance with all categorical pretreatment standards, local
limits and the prohibitions set out in this article, 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 construction of the facility. The review of such plans and operating 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 under this article.
Sec. 98 -432. Policy.
Each user under this article 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's 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 plans within 180 days
from the effective date of the ordinance from which this article derives. No user who commences
contribution to the POTW after the effective date of the ordinance from which article derives
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 procedures
shall not relieve the industrial user from the responsibility to modify the user's facility as
necessary to meet the requirements of this article. 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 discharge, type of waste, concentration and volume, and
® corrective actions.
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Sec. 98 -433. Written notice.
Within five days following an accidental discharge as. provided in this division, 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.
Sec. 98 -434. Notice to employees.
Under this division, the employer shall ensure that all appropriate employees be advised
of notification procedures to be used in the event of an accidental discharge.
Sec. 98 -435. AccidentaUslug control plan.
The director may require any industrial user to develop, submit for approval and
implement a slug control plan. Alternatively, the director may develop such a plan for any
industrial user. An accidental discharge /slug control plan shall address, at a minimum, the
following:
(1) a description of discharge practices, including nonroutine batch discharges;
(2) a description of stored chemicals;
(3) procedures for immediately notifying the director on an accidental sludge
discharge as required by section 98 -433; and
(4) procedures to prevent adverse impact from any accidental slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic measures and equipment for emergency
response.
Section 3: All Ordinances or parts of Ordinances inconsistent 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 subject matter covered by this Ordinance.
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Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this Ordinance or the application of same to any person or the 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 persons or sets of
circumstances and to this end all provisions of this Ordinance are declared to be severable.
Section 5: 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 newspaper 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 23d day of October, 1997_
ATTEST:
EILEEN P. -HALL, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, S . ity Attorney
® c: kIh651CityCouncih0rdinancc \EnactChapter98. Clean. Ord inance
54
/�& t
PETE C. ALFAR , Mayor