HomeMy WebLinkAboutPO 7232: AMENDING DISCHARGE OF WASTE hi
P.O. 7232
City of `; � ��l 6/27/24
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Texas
INTEROFFICE MEMORANDUM
WATER UTILITIES DEPARTMENT-REGULATORY
SERVICES DIVISION (RSD)
Date: June 27, 2024
To: Ronald Burton, CPM, City Manager
From: Floyd Riley, Utility Compliance Manager
Thru: Calvin Matthews, P.E., Director of Water Utilities
RE: Proposed Ordinance No. 7232
Nature of the Request:
The Regulatory Services Division (RSD) is requesting City Council amend Chapter 110-
215(a)(2) adding standard "s" relating to surcharges. The RSD also request amending Chapter
110-215(d), revising the local limits and increasing the liquid waste disposal fee under 110-
245(i).
Staff Analysis, Considerations:
The Texas Commission on Environmental Quality (TCEQ) requires municipalities with
approved pretreatment programs to review its program and local limits every five years. Due to
current and future wastewater treatment capabilities as well as industrial demands and
development, the present local limits does not reflect the City of Port Arthur's true and future
wastewater treatment capabilities. Therefore,the sewer use ordinance is amended in accordance
with these changes. Staff also request a fee increase for liquid waste disposal (LWD) from 0.03
cents per gallon to 0.05 cents per gallon. The LWD fee has not changed since the FOG
ordinance and fee was enacted in July 2018. The surcharge and fee increase will help the City
keep up with wastewater treatment cost.
Approval of the amendments will reflect the City of Port Arthur wastewater treatment ability
and meet the demand of current and future industrial growth.
s.po6443
Recommendation:
Staff recommends that the City Council adopt Proposed Ordinance No. 7232 which authorizes
the City Manager to amend the sewer use ordinance adding surcharges for BOD, TSS and
ammonia, revising the local limits for discharge to the sanitary sewer and increasing the liquid
waste disposal fee.
Budget Considerations:
Adoption of this Ordinance amendment will result in an increase in revenue to cover cost
associated with enforcing the pretreatment program. There is no anticipated impact on expenses.
P.O. No. 7232
6/27/24 fr
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS AMENDING
ARTICLE HI, DIVISIONS 4 & 5 (DISCHARGE OF WASTE INTO PUBLIC
SEWERS) OF CHAPTER 110 (UTILITIES) OF THE CODE OF ORDINANCES;
REGULATING THE DISCHARGE OF INDUSTRIAL WASTE, WASTEWATER
AND OTHER MATTER INTO THE SANITARY SEWERS OF THE CITY BY
ADDING A NEW STANDARD OF SURCHARGES FOR BOD, TSS AND
AMMONIA UNDER 110.215(a)(2), REVISING THE CURRENT LOCAL LIMITS
UNDER 110-215(d) AND INCREASING THE FEE FOR LIQUID WASTE
DISPOSAL UNDER 110-245(i)AND PROVIDING FOR PUBLICATION
WHEREAS, the City Council has decided that it is in the best interest of the citizens to
amend Chapter 110-215(a)(2), 110-215(d) and 110-245(i) of the Code of Ordinances as it
pertains to discharges to the sanitary sewer; and,
WHEREAS,the City of Port Arthur has provided facilities for the collection and
treatment of Wastewater to promote the health, safety and convenience of its citizens and to
safeguard water resources common to all; and,
WHEREAS,provision has been made in the design, construction, and operation of the
facilities to accommodate certain types and quantities of industrial wastes in addition to normal,
domestic Wastewater; and,
WHEREAS,the City of Port Arthur is required to comply with all applicable State and
Federal laws, including the Clean Water Act of 1977 and the General Pretreatment Regulations
(40 CFR, Part 403), including reassessing its pretreatment program and local limits after TPDES
permit renewal; and,
WHEREAS, the City Manager authorizes the Water Utilities Department to enforce the
amended ordinance for discharge of waste into the public sewers collection system.
P.O. No. 7232
06/27/24 fr
Page 2 of 3
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 110-215(a)(2) adding a new standard for surcharges for
BOD, TSS and Ammonia, revising the current local limits under 110-215(d) and increasing the
fee for liquid waste disposal under 110-245(i) of the Code of Ordinances, City of Port Arthur,
Texas, is hereby amended as delineated in Exhibit "A" with a clean copy attached as Exhibit
«B”
Section 3. That all Ordinances and parts of Ordinances in conflict with this
Ordinance are hereby repealed to the extent of the conflict.
Section 4. That these amendments are necessary to reflect the actual and future
wastewater treatment capabilities of the sewer treatment plants, sustain cost for daily operations
of the collection and treatment systems and compliance with state and federal regulations.
Section 5. That this being an Ordinance which requires publication, its caption shall
be published at least one (1) time within ten (10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take effect immediately, after the
date of publication.
Section 6. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
PO 7232
06/27/24fr
Page 3 of 3
READ, ADOPTED AND APPROVED on this day of A.D., 2024,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman"Bill" Bartie, Mayor
ATTEST: APPROVED F a ' • D ;NISTRATION:
..04414
Sherri Bellard Ronald Burton, CPM
City Secretary City Manager
OVED AS TO FO •
M. Black alvin atthews, P.E.
Interim City Attorney Water Utilities Director
"EXHIBIT A"
RED LINE VERSION
Sec. 110-215. General sewer use requirements.
(a) Prohibited discharge standards.
(1) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or
wastewater which causes pass through or interference.These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment standards or any other
national,state,or local pretreatment standards or requirements.
(2) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following
pollutants,substances or wastewater:
a. Pollutants which create a fire or explosive hazard in the POTW,including, but not limited to,
waste streams with a closed-cup flashpoint of less than 140°F(60°C) using the test methods
specified in 40 CFR 261.21;
b. Wastewater having a pH less than 5.0 or more than 10, or otherwise causing corrosive structural
damage to the POTW or equipment;
c. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW
resulting in interference;
d. Pollutants, including oxygen-demanding pollutants(BOD,etc.), released in a discharge at a flow
rate and/or pollutant concentration which,either singly or by interaction with other pollutants,
will cause interference with the POTW;
e. Wastewater having a temperature which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes the temperature at the
introduction into the treatment plant to exceed 104°F(40°C);
f. Petroleum oil, nonbiodegradable cutting oil,or products of mineral oil origin, in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Trucked or hauled pollutants,except at discharge points designated by the director of utility
operations in accordance with subsection 110-216(d);
i. Noxious or malodorous liquids,gases,solids, or other wastewater which,either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life,or to
prevent entry into the sewers for maintenance or repair;
j. Wastewater which imparts color which cannot be removed by the treatment process,such as,
but not limited to,dye wastes,and vegetable tanning solutions,which consequently imparts
color to the treatment plant's effluent,thereby violating the city's TCEQ permit;
k. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable
state of federal regulations;
I. Stormwater,surface water,groundwater,artisan well water, roof runoff,subsurface drainage,
swimming pool drainage,condensate,deionized water, noncontact cooling water,and
unpolluted wastewater, unless specifically authorized by the director of utility operations;
m. Sludge,screening,or other residues from the pretreatment of industrial wastes;
n. Medical wastes,except as specifically authorized by the director of utility operations in a
wastewater discharge permit;
o. Wastewater causing,alone or in conjunction with other sources,the treatment plant's effluent to
fail a toxicity test;
p. Detergents,surface-active agents, or other substances which may cause foaming in the POTW;
q. Fats,oils,or greases of animal or vegetable origin in concentrations greater than (200) mg/I;
r. Any substance that would be a hazardous waste under 40 CFR Part 261. Pollutants,substances,
or wastewater prohibited by this section shall not be processed or stored in such a manner that
they could be discharged to the POTW.
s. Surcharges will be implemented for concentrations of BOD greater than 300 mg/L,TSS greater than
500 mg/L. An ammonia limit will be set by permit and determined by the director of utility
operations based on best professional judgement, BPJ, and impact to POTW. Surcharges will be
based on the city fee schedule.
(b) National Categorical Pretreatment Standards.The categorical pretreatment standards found at 40 CFR
Chapter I,Subchapter N; Parts 405-471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater,the director of utility operations may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of
pollutant per unit of production,the director of utility operations may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent concentration for
purposes of calculating effluent limitations applicable to individual industrial users.
(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard,the director of utility operations shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
(4) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant
to the procedural and substantive provisions in 40 CFR 403.13,that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical
pretreatment standard.
(5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(6) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge
limitations and a second limit for calculating maximum monthly average, or four-day average,
limitations.Where such standards are being applied,the same production or flow figure shall be used in
calculating both the average and the maximum equivalent limitation.40 CFR 403.6(c)(8)].
(c) State pretreatment standards. State requirements and limitations on discharges shall apply in any case
where they are more stringent than federal requirements and limitations or those in this division.
(d) Local limits.The following pollutant limits are established to protect against pass through and interference.
No person shall discharge wastewater containing in excess of the following daily maximum allowable
discharge limits:
Pollutant Limit,mg/L
Aluminum 13.68
Arsenic 0.854
Cadmium 0.019
Chromium,Total 11.235
Copper 0.401
Cyanide,Total 0.338
Lead 0.322
Mercury 0.00116
Nickel 0.864
Selenium 0.081
Silver 0.228
Zinc 2.465
The above limits apply at the point where the wastewater is discharged to the POTW.All concentrations for
metallic substances are for"total" metal unless indicated otherwise. The director of utility operations may
impose mass limitations in addition to,or in place of,the concentrations-based limitations above.
(e) City's right of revision.The city reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
(f) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as
a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement. The director of utility
operations may impose mass limitations on users who are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of mass limitations is appropriate.
(Ord. No.03-051, §1, 10-28-2003;Ord. No. 11-16, § 1,4-19-2011)
Sec. 110-245. Schedule of rate fees.
Fees may be established for items such as permitting, monitoring,conventional pollutant surcharges, and
various other related fees. Fees related solely to the matters covered by this ordinance and are separated from all
other rates or charges for sewer service, provided that the city shall collect said charges in the same manner as
other sewer utility rates are collected, including but not limited to:
(1) Permit fees. Should the director of water utilities determine that adequate FOG control activities
require issuance of control mechanism to food establishment and non-food establishments,the fees
shall be as following in table 1:
Table 1: Fees Schedule of Charges
Permit type Fee
Grease trap/grit trap inspection permit $150.00 annual
Waste hauler permit each additional truck $200.00 annual
additional$25.00 annual
Disposal permit $1000.00 annual
Disposal of liquid waste at the city of Port Arthur $0.05/per gallon
POTW
Inspection and sampling fee $50.00/per event
Permit modifications $50.00/per request'
* Permit modifications fee will only be charged in a case where changes in the user's operation require
the modification, or when the user request a modification.
(2) Monitoring fees. Any user establishing a pattern of noncompliance,or having a history of
noncompliance,or suspected of being in noncompliance, may require additional monitoring visits as
deemed appropriate by the director of water utilities.Any additional inspections,sampling,
surveillance monitoring activities, and analysis performed which detect noncompliance will be billed
directly to the user through the utility operation contract lab.
(Ord. No. 18-25, §2(Exh.A),5-22-2018)
Created: 2024-06-24 13:17:07 (EST]
(Supp.No.45)
Page 1 of 1
EXHIBIT "B"
Clean Copy
Sec. 110-215. General sewer use requirements.
(a) Prohibited discharge standards.
(1) General prohibitions. No user shall introduce or cause to be introduced into the POTW any pollutant or
wastewater which causes pass through or interference.These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment standards or any other
national,state,or local pretreatment standards or requirements.
(2) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following
pollutants,substances or wastewater:
a. Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to,
waste streams with a closed-cup flashpoint of less than 140°F(60°C)using the test methods
specified in 40 CFR 261.21;
b. Wastewater having a pH less than 5.0 or more than 10, or otherwise causing corrosive structural
damage to the POTW or equipment;
c. Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW
resulting in interference;
d. Pollutants,including oxygen-demanding pollutants(BOD,etc.), released in a discharge at a flow
rate and/or pollutant concentration which,either singly or by interaction with other pollutants,
will cause interference with the POTW;
e. Wastewater having a temperature which will inhibit biological activity in the treatment plant
resulting in interference, but in no case wastewater which causes the temperature at the
introduction into the treatment plant to exceed 104°F(40°C);
f. Petroleum oil,nonbiodegradable cutting oil,or products of mineral oil origin, in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Trucked or hauled pollutants,except at discharge points designated by the director of utility
operations in accordance with subsection 110-216(d);
i. Noxious or malodorous liquids,gases,solids,or other wastewater which,either singly or by
interaction with other wastes, are sufficient to create a public nuisance or a hazard to life,or to
prevent entry into the sewers for maintenance or repair;
j. Wastewater which imparts color which cannot be removed by the treatment process,such as,
but not limited to,dye wastes,and vegetable tanning solutions,which consequently imparts
color to the treatment plant's effluent,thereby violating the city's TCEQ permit;
k. Wastewater containing any radioactive wastes or isotopes except in compliance with applicable
state of federal regulations;
I. Stormwater,surface water,groundwater,artisan well water,roof runoff,subsurface drainage,
swimming pool drainage,condensate,deionized water, noncontact cooling water,and
unpolluted wastewater, unless specifically authorized by the director of utility operations;
m. Sludge,screening,or other residues from the pretreatment of industrial wastes;
n. Medical wastes,except as specifically authorized by the director of utility operations in a
wastewater discharge permit;
o. Wastewater causing,alone or in conjunction with other sources,the treatment plant's effluent to
fail a toxicity test;
p. Detergents,surface-active agents,or other substances which may cause foaming in the POTW;
q. Fats,oils,or greases of animal or vegetable origin in concentrations greater than(200)mg/I;
r. Any substance that would be a hazardous waste under 40 CFR Part 261. Pollutants,substances,
or wastewater prohibited by this section shall not be processed or stored in such a manner that
they could be discharged to the POTW.
s. Surcharges will be implemented for concentrations of BOD greater than 300 mg/L,TSS greater than
300 mg/L. An ammonia limit will be set by permit and determined by the director of utility
operations based on best professional judgement, BPJ, and impact to POTW. Surcharges will be
based on the city fee schedule.
(b) National Categorical Pretreatment Standards. The categorical pretreatment standards found at 40 CFR
Chapter I, Subchapter N; Parts 405-471 are hereby incorporated.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the
concentration of a pollutant in wastewater,the director of utility operations may impose equivalent
concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) When the limits in a categorical pretreatment standard are expressed only in terms of mass of
pollutant per unit of production,the director of utility operations may convert the limits to equivalent
limitations expressed either as mass of pollutant discharged per day or effluent concentration for
purposes of calculating effluent limitations applicable to individual industrial users.
(3) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not
regulated by the same standard,the director of utility operations shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
(4) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant
to the procedural and substantive provisions in 40 CFR 403.13,that factors relating to its discharge are
fundamentally different from the factors considered by EPA when developing the categorical
pretreatment standard.
(5) A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15.
(6) Many categorical pretreatment standards specify one limit for calculating maximum daily discharge
limitations and a second limit for calculating maximum monthly average, or four-day average,
limitations.Where such standards are being applied,the same production or flow figure shall be used in
calculating both the average and the maximum equivalent limitation.40 CFR 403.6(c)(8)].
(c) State pretreatment standards. State requirements and limitations on discharges shall apply in any case
where they are more stringent than federal requirements and limitations or those in this division.
(d) Local limits.The following pollutant limits are established to protect against pass through and interference.
No person shall discharge wastewater containing in excess of the following daily maximum allowable
discharge limits:
Pollutant Limit,mg/L
Aluminum 13.68
Arsenic 0.854
Cadmium 0.019
Chromium,Total 11.235
Copper 0.401
Cyanide,Total 0.338
Lead 0.322
Mercury 0.00116
Nickel 0.864
Selenium 0.081
Silver 0.228
Zinc 2.465
The above limits apply at the point where the wastewater is discharged to the POTW.All concentrations for
metallic substances are for"total" metal unless indicated otherwise. The director of utility operations may
impose mass limitations in addition to,or in place of,the concentrations-based limitations above.
(e) City's right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW.
(f) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as
a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation
unless expressly authorized by an applicable pretreatment standard or requirement. The director of utility
operations may impose mass limitations on users who are using dilution to meet applicable pretreatment
standards or requirements or in other cases when the imposition of mass limitations is appropriate.
(Ord. No.03-051, §1, 10-28-2003;Ord. No. 11-16,§1,4-19-2011)
Sec. 110-245. Schedule of rate fees.
Fees may be established for items such as permitting, monitoring,conventional pollutant surcharges,and
various other related fees. Fees related solely to the matters covered by this ordinance and are separated from all
other rates or charges for sewer service, provided that the city shall collect said charges in the same manner as
other sewer utility rates are collected, including but not limited to:
(1) Permit fees. Should the director of water utilities determine that adequate FOG control activities
require issuance of control mechanism to food establishment and non-food establishments,the fees
shall be as following in table 1:
Table 1: Fees Schedule of Charges
Permit type Fee
Grease trap/grit trap inspection permit $150.00 annual
Waste hauler permit each additional truck $200.00 annual
additional$25.00 annual
Disposal permit $1000.00 annual
Disposal of liquid waste at the city of Port Arthur $0.05/per gallon
POTW
Inspection and sampling fee $50.00/per event
Permit modifications $50.00/per request`
Permit modifications fee will only be charged in a case where changes in the user's operation require
the modification,or when the user request a modification.
(2) Monitoring fees.Any user establishing a pattern of noncompliance,or having a history of
noncompliance,or suspected of being in noncompliance, may require additional monitoring visits as
deemed appropriate by the director of water utilities.Any additional inspections,sampling,
surveillance monitoring activities,and analysis performed which detect noncompliance will be billed
directly to the user through the utility operation contract lab.
(Ord. No. 18-25,§2(Exh.A),5-22-2018)
Created: 2024-06-24 13:17:07 [EST]
(Supp.No.45)
Page 1 of 1