Ordinance No. 9,597Published in the
on Thursday, July
ORDINANCE NO. 9597 Friday, August 1,
. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE,"
DIVISION 1 "GENERALLY," SECTION 98 -126 "DEFMTIONS," SECTION 98 -127
"ABBREVIATIONS," SECTION 98 -129 "OBJECTIVES," SUBSECTION (A)(7);
CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 2
"ADMINISTRATION AND ENFORCEMENT," SUBDIVISION 1 "IN GENERAL,"
SECTION 98 -166 "PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE," SECTION 98 -167 "AFFIRMATIVE DEFENSES TO UPSETS",
CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 5
"DISCHARGE PROHIBITIONS AND LIMITATIONS," SECTION 98 -320 "SPECIFIC
POLLUTANT LIMITATIONS," SUBSECTIONS (A), (E), AND (J); CHAPTER 98
"UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 6 "REPORTING
AND SAMPLING," SECTION 98-359 "CERTIFICATION STATEMENTS," SECTION
98 -361 "NOTICE OF POTENTIAL PROBLEMS, INCLUDING SLUG LOADING ";
CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL WASTE," DIVISION 7
"COMPLIANCE MONITORING," SECTION 98-402 "SEARCH WARRANTS,"
SUBSECTION (A); AND CHAPTER 98 "UTILITIES," ARTICLE V "INDUSTRIAL
WASTE," DIVISION 8 "ACCIDENTAL DISCHARGES," SECTION 98 -435
"ACCIDENTAL /SLUG CONTROL PLAN" (THE INDUSTRIAL WASTE
ORDINANCE) TO BE IN COMPLIANCE WITH CURRENT REGULATIONS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100
DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
Baytown Sun
31, 2003 and
2003
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section is That Chapter 98 "Utilities," Article V "Industrial Waste," Division l
"Generally," Section 98 -126 "Definitions," of the Code of Ordinances, City of Baytown, Texas, is hereby
amended, in part, to revise the definitions of "Approval authority or administrator," "Director,"
"Interference " and "Pass through" which shall read 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:
Approval authority or administrator means the EPA region VI administrator or the Director of a
National Pollutant Discharge Elimination System (NPDES) delegated state with an approved State
pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c).
0 Director means the director of the city public works /utilities department, or his authorized deputy,
agent or representative.
• 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
TPDES 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 there under, or more stringent state or local regulations, or section 405 of the Clean Water Act,
the Solid Waste Disposal Act (SWDA) including Title 11, 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.
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 TPDES permit, including an increase, in
the magnitude or duration of a violation.
Section 2: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 1
"Generally," Section 98 -127 "Abbreviations," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 1. GENERALLY
Sec. 98 -127. Abbreviations.
As used in this article, the following abbreviations shall have the following meanings:
BOD means five -day biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means U.S. Environmental Protection Agency.
mg/1 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.
TCEQ means Texas Commission on Environmental Quality
0 TPDES means Texas Pollutant Discharge Elimination System.
TSS means total suspended nonfilterable solids.
USC means United States Code.
Section 3: That Chapter 98 "Utilities," Article V "Industrial Waste," Division I
"Generally," Section 98 -129 "Objectives," Subsection (a)(7) of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 1. GENERALLY
Sec. 98-129. Objectives.
(a) The objectives of this article are to:
(7) Enable the city to comply with TPDES permit conditions, sludge use and disposal
requirements and any other applicable federal or state law; and
Section 4: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 2
"Administration and Enforcement," Subdivision I "In General" Section 98 -166 "Publication of industrial
users in significant noncompliance" of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
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 July 31" 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 time 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 fmal 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;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations the director determines will adversely affect the
operation or implementation of the local pretreatment program.
Section 5: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 2
"Administration and Enforcement," Subdivision I "In General" Section 98 -167 "Affirmative defenses to
upsets" of the Code of Ordinances, City of Baytown, Texas, is replaced with a new section to be
numbered and entitled Section 98 -167 "Act of God defense," which shall read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
SUBDIVISION I. IN GENERAL
Sec. 98 -167. Act of God defense.
(a) Act of God defense. The Act of God defense constitutes statutory affirmative defense [Texas
Water Code Section 7.251] in an action brought in municipal or State court. If a person can
establish that an event that would otherwise be a violation of a pretreatment ordinance or a permit
issued under the ordinance was caused solely by an act of God, war, strike, riot or other
catastrophe, the event is not a violation of the ordinance or permit.
• (b) An industrial user who wishes to establish the Act of God affirmative defense shall demonstrate,
through relevant evidence that:
• (1) An event that would otherwise be a violation of a pretreatment ordinance or a permit
issued under the ordinance occurred and the sole cause of the event was an act of
God, war, strike, riot or other catastrophe; and
(2) The industrial user has submitted the following information to the POTW and the city within
24 hours of becoming aware of the event that would otherwise be a violation of a
pretreatment ordinance or a permit issued under the ordinance (if this information is
provided orally, a written submission must be provided within five days):
a description of the event, and the nature and cause of the event;
b. the time period of the event, including exact dates and times or, if still continuing,
the anticipated time the event is expected to continue; and
steps being taken or planned to reduce, eliminate and prevent recurrence of the
event.
(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the Act of
God affirmative defense shall have the burden of proving by a preponderance of the evidence that an
event that would otherwise be a violation of a pretreatment ordinance or a permit issued under the
ordinance was caused solely by an act of God, war, strike, riot or other catastrophe.
Section 6: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 5 "Discharge
Prohibitions and Limitations," Section 98 -320 "Specific pollutant limitations," Subsections (a), (e) and (j)
of the Code of Ordinances, City of Baytown, Texas, are hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS
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,
1.39 mg/l;
(2)
Barium,
56.80 mg/l;
(3)
Cadmium,
3.34 mg/1;
(4)
Chromium,
15.41 mg/l;
. (5)
Copper,
2.49 me
(6)
Cyanide,
0.11 mg/l;
• (7) Lead, 6.39 mg/l;
0
(8) Mercury, 0.03 mg/1;
(9) Nickel, 3.79 mg/1;
(10) Silver, 0.48 mg/1; and
(11) Zinc, 3.50 mg/l.
(e) Chemical discharges.
(1) No discharge to public sewers may contain:
a. Chlorides in concentrations of such an amount as to cause pass through or
interference with the sanitary sewer system;
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/1 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.
0) Concentrations of dissolved solids. Materials that exert or cause concentrations of dissolved
solids to be discharged in such concentrations as to cause pass through or interference with the
sanitary sewer system
Section 7: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 6 "Reporting
and Sampling," Section 98- 359 "Certification statements" of the Code of Ordinances, City of Baytown,
Texas, are hereby amended to read as follows:
6
• CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 6. REPORTING AND SAMPLING
Sec. 98 -359. Certification statements.
Under this article, all reports and/or permit applications submitted by categorical and/or
significant industrial users to the City must include the certification as stated in section 98- 251(j).
Section 8: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 6 "Reporting
and Sampling," Section 98 -361 "Notice of potential problems, including slug loading" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 6. REPORTING AND SAMPLING
Sec. 98 -361. Notice of potential problems, including slug loading.
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 in Section 98 -126 of this code and 40 CFR § 403.5(b), by the industrial user.
Section 9: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 7
"Compliance Monitoring," Section 98402 "Search warrants," Subsection (a) of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 7. COMPLIANCE MONITORING
Sec. 98402. Search warrants.
(a) If the director has been refused access to a building, structure, or property, or any part thereof, and is
able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the
City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then director may seek
issuance of a search warrant from a magistrate.
7
Section 10: That Chapter 98 "Utilities," Article V "Industrial Waste," Division 8 "Accidental
Discharges," Section 98-435 "Accidental /Slug control plan" of the Code of Ordinances, City of Baytown,
Texas, is replaced with a new section to be numbered and entitled Section 98-435 "Slug control plan,"
which shall read as follows
CHAPTER 98. UTILITIES
ARTICLE V. INDUSTRIAL WASTE
DIVISION 8. ACCIDENTAL DISCHARGES
Sec. 98 -435. Slug control plan.
The City shall 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. The results of such activities shall be available to the Approval Authority
upon request. Alternatively, the director may develop such a plan for any industrial user. If the
Director decides that a slug control plan is needed, the plan shall contain, at a minimum, the following
elements:
(1) a description of discharge practices, including nonroutine batch discharges;
(2) a description of stored chemicals;
(3) procedures for immediately notifying the director of a slug discharge as required by section
98 -433; and
(4) procedures to prevent adverse impact from any spills, including but not limited to, inspection
and maintenance of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
Section 11: 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.
Section 12: 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 13: Any person who fails to comply with any provision of this ordinance shall be
guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO
THOUSAND AND NO 1100 DOLLARS ($2,000.00). Each act of violation and each day upon which any
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
•
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 14: This ordinance shall take effect ten (10) days after the date that the Executive
Director of Texas Council on Environmental Quality approves the City's industrial waste program
package. 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 and at least once within ten (10) days after the date that the Executive Director
of the Texas Council on Environmental Quality approves the City's industrial waste program package.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 24th day of July, 2003.
(. • GCS
PETE C. ALFARO, Ma r
ATTEST:
GA Y W MrTtH, City Clerk
APPROVED AS TO FORM:
AN4AC2 RAMIREZ, SR., i Attorney
FAKaren\Files \City Council \Ordinances\Industiial WasteOrdinanceRevisionsClean .doc