Chapter 98. Utilities

If a payment is insufficient to cover the following utility- and garbage-related expenses:

(1) Surcharge pursuant to section 42-63;

(2) Municipal drainage utility fee pursuant to section 98-473;

(3) Miscellaneous fees, including, but not limited to those fees established in sections 2-619, 98-57, 98-58, 98-61, 98-62, 98-64, 98-93, and 98-94;

(4) Garbage and brush disposal fees pursuant to 86-101;

(5) Sewer service charges pursuant to sections 98-91 and 98-92; and

(6) Water service charges pursuant to section 98-59;

then the partial payment will proportionately distributed among all such expenses, regardless of any notation on the instrument of payment.

(Ord. No. 10,542, § 4, 2-8-07; Ord. No. 12,744, § 1, 12-11-14)

(a) 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:

Public utility includes every entity defined as a public utility in the P.U.R. Act doing business within the city and whose rates and services are subject to regulation by the city council.

P.U.R. Act means the Public Utility Regulatory Act, Vernon's Ann. Civ. St. art. 1446c-O.

Regulatory chain means the mayor, the city council, the city attorney, the city manager and any other employees of the city whose duties are directly connected, in whole or in part, with the regulation of rates and services of public utilities. Staff members employed by the persons enumerated in this definition are in the regulatory chain when their assigned duties relate to the regulation of public utility rates and services. City employees who deal with public utilities on matters not involving the regulation of rates and services are not within the regulatory chain.

(b) Definitions of terms in the P.U.R. Act are adopted in this section by reference for the purposes of this article.

(Code 1967, § 31-70; Ord. No. 2045, § 1, 7-22-76)

It is the declared purpose of this article to regulate communications between public utilities and members of the regulatory chain and to provide for maintenance of records of such communications in compliance with section 34 of the P.U.R. Act. The principal avenue for communications intended to affect the decisions of the city council on matters regarding the regulation of public utility rates and services shall be in open session of the city council. The principal contact for communications regarding the day-to-day supervision of regulated utility companies by the city and regarding matters under review by the city staff shall be the city manager.

(Code 1967, § 31-71; Ord. No. 2045, § 1, 7-22-76)

(a) Records required. Under this article, the mayor, members of the city council, the city attorney, the city manager and all other members of the regulatory chain shall each maintain a permanent record of all contacts, oral or written, with employees or representatives of public utilities or their affiliates.

(b) Form. Each record shall be maintained as a log.

(c) Content. Such records shall contain the following:

(1) Names of the parties;

(2) Date of the communication;

(3) A brief description of the subject matter of the communication;

(4) The action requested, if any; and

(5) Whether the communication was oral or written.

(d) Copy to city manager. By the tenth day of each month, each member shall forward a copy of his log for the preceding calendar month to the city manager. The city manager shall maintain a cumulative file of all such logs submitted, which shall be available for public inspection at all times during regular business hours.

(e) Exemptions. The following are exempt from the logging requirements of this section:

(1) Routine inquiries initiated by the city manager or other city employees;

(2) Communications deemed confidential by law, either constitutional, statutory or by judicial decision;

(3) Communications between attorneys relating to litigation and settlement negotiations between the city and the utility once a lawsuit has been filed; and

(4) Contacts by the utility with city employees or members of the regulatory chain when such contacts do not pertain to the regulation of rates and services, including but not limited to liaison with the city regarding street cuts or easements, use of property by the parks and recreation department, payment of taxes and settlement of tort claims.

(Code 1967, § 31-72; Ord. No. 2045, § 1, 7-22-76)

(a) Application for service. Whenever a consumer desires to establish service with the utility billing division, he shall tender to such division, at least one day prior to the time he desires his premises to be connected with the water services, the proper deposit.

(b) Amount of deposit.

(1) A residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of $100.00 if he is the owner of the dwelling house; however, a residential consumer occupying a single-family dwelling house shall be required to place on deposit the amount of $200.00 if he is not the owner of the dwelling house.

(2) Commercial water deposits shall be determined by the utility billing supervisor. This deposit is to be generally comparable to two months' water service of a commercial business similar to the applicant.

(3) Deposits for apartment houses, mobile parks or other multifamily dwelling projects shall be determined by the utility billing supervisor, but shall not be less per unit than the deposit required of single-family dwelling units.

(c) Increase of deposits. Deposits for commercial consumers, apartment houses, mobile parks or other multifamily projects may be increased from time to time if it is determined by the utility billing supervisor that additional deposits are necessary in order to ensure payment of charges for water service. The additional deposit shall be tendered to the utility billing division within 30 days after notice of the increase in the deposit. Section 98-61 shall apply if the additional deposit is not tendered within 30 days.

(d) Refunds. Deposits will be refunded upon termination of service, provided the consumer has fully satisfied all charges due the city.

(e) Form of deposits.

(1) Deposits of less than $500.00 shall be cash deposits in the form of cash, check or money order.

(2) Deposits of $500.00 or more for commercial consumers, apartment houses, mobile home parks or other multifamily dwelling projects shall be by:

a. Cash;

b. Irrevocable bank letter of credit, provided that the irrevocable bank letter of credit shall be:

1. Drawn on an FDIC-insured bank located within Harris County or Chambers County, and

2. For a period of not less than one year; or

c. An assignment of security, provided that any security pledged shall be:

1. Approved by the utility billing manager, and

2. Placed in an FDIC-insured bank located within Harris County or Chambers County; or

d. A bond, provided that the bond shall be:

1. Issued by a surety licensed to do business in the state,

2. In a form approved by the city attorney, and

3. For a term of not less than one year.

Deposits in any form allowed herein shall be maintained throughout the period during which the city provides utility service. As such, any deposit that is to expire prior to the termination of utility service shall be renewed prior to its expiration and proof of such renewal must be submitted to the city's utility billing manager. The remedies for nonpayment of utility bills specified in section 98-61 shall apply if a deposit is not renewed prior to its expiration.

(Code 1967, § 31-54; Ord. No. 943, § 1, 11-7-68; Ord. No. 1479, § 1, 9-27-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 4948, § 1, 3-24-88; Ord. No. 6005, § 1, 9-26-91; Ord. No. 8141, § 1, 11-25-97; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 11,646, § 1, 5-26-11; Ord. No. 16,273, § 2, 10-9-25)

(a) The following fees shall be assessed and collected by the utility billing division for water taps inside the city limits:

(1) Three-fourths-inch water tap .....$900.00

(2) One-inch water tap .....$1,000.00

(b) The following fees shall be assessed and collected by the utility billing division for water taps outside the city limits:

(1) Three-fourths-inch water tap .....$1,100.00

(2) One-inch water tap .....$1,200.00

(c) All other taps and other special water connections shall be made at actual cost, as determined by the utility billing manager, with the consultation of the director of utilities.

(d) If a person pays for a water tap and fails to have the tap made within one year from the date such tap fee is paid, the city shall not allow the water tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a water tap.

(Code 1967, § 31-55; Ord. No. 943, § 1, 11-7-68; Ord. No. 1752, §§ 1, 2, 2-27-75; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 2974, § 1, 9-25-80; Ord. No. 3628, § 1, 5-26-83; Ord. No. 9226, § 1, 9-13-01; Ord. No. 9831, § 1, 7-8-04; Ord. No. 11,308, § 2, 2-25-10; Ord. No. 13,361, § 1, 11-21-16)

If the city turns on a customer's water service at the request of the customer, the customer will be charged a service charge of $30.00. If the customer requests their existing service to be transferred, the fee will be $25.00. If an additional trip(s) is required to connect service, a $10.00 additional trip fee will be assessed per trip.

(Code 1967, § 31-55.1; Ord. No. 2738, § 2, 9-27-79; Ord. No. 6005, § 5, 9-26-91; Ord. No. 11,308, § 3, 2-25-10)

_____

(a) Rate schedules. The following are the rate schedules for water service per 1,000 gallons:

Water Service - Rate Schedule
Individually Metered Single-Family Residential

Water Service - Rate Schedule
Multifamily Residential Master Meter Service

Unit = Constructed, regardless of whether occupied.

Water Service - Rate Schedule
Nonresidential Service

Water Service - Rate Schedule
Metered Irrigation Service

(b) Residential dwelling units.

(1) Individually metered units. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and owe each month a water service charge based upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for individually metered single-family residential.

(2) Jointly metered unit. The monthly water service charge for multifamily dwelling unit projects, with units not individually metered for water, shall be determined as follows:

a. The total monthly water consumption for the project will be divided by the number of units in the project served by the meter;

b. The per-unit water consumption will determine the applicable charge for each unit based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and

c. The applicable water service charge for each unit will be multiplied by the number of units in the project served by the meter to determine the monthly water service charge for the entire project.

(c) Manufactured home parks. The monthly water service charge for manufactured home parks shall be determined as follows:

(1) The total water consumption for the project will be divided by the actual number of rental spaces served to determine the per unit water consumption;

(2) The per unit water consumption will determine the applicable water service charge for each space based upon the rate schedule in subsection (a) of this section for multifamily residential master meter service; and

(3) The applicable charge for each space will be multiplied by the number of spaces in the project served by the meter to determine the monthly water service charge for the project.

(d) Commercial units.

(1) Individually metered units. Each commercial unit individually metered for the consumption of water shall be charged a monthly water service charge based the meter size and upon the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service.

(2) Jointly metered units. The monthly water service charge for multiunit commercial projects, with units not individually metered for water, shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service.

(e) Combinations of residential dwelling units and commercial units. The applicable monthly water service charge for a complex containing a combination of dwelling units and commercial units, with units not individually metered for water, shall be shall be based on the meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for nonresidential service.

(f) Service for property outside the city. A person outside the city limits and authorized by the director of utilities to receive water service shall pay in accordance with subsection (a) of this section for the applicable service or any other amount as may be established and approved in writing by the city council pursuant to a water supply agreement.

(g) Volume users. A user of water that:

(1) Either:

a. Is located within the corporate limits who qualifies for tax abatement under the city's tax abatement policy; or

b. Is located within an established industrial district and has in effect an industrial district agreement with the city; and

(2) Uses a minimum of 400,000 gallons of water per day, shall be billed a customer charge, a base charge based on meter size, and the amount of water consumed, as determined by the meter reading, applied to the rate schedule in subsection (a) of this section for high-volume user service. The minimum usage shall be determined by dividing the total consumption during the billing period by the number of days in the billing period to determine the daily usage. Any user or customer who does not pay the amount due by the due date indicated on his statement shall be charged a late charge, as provided in section 98-61.

(h) Recreational vehicle parks. The monthly water service charge for recreational vehicle parks shall be determined in accordance with subsection (d)(1) of this section as if it were a commercial unit individually metered.

(Code 1967, § 31-56; Ord. No. 943, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1351, §§ 1, 2, 1-25-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2426, § 1, 3-9-78; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 3120, § 1, 4-9-81; Ord. No. 4548, § 1, 9-25-86; Ord. No. 5101, § 1, 9-22-88; Ord. No. 5645, § 1, 9-27-90; Ord. No. 6006, § 1, 9-26-91; Ord. No. 6349, § 1, 9-24-92; Ord. No. 6427, § 1, 11-12-92; Ord. No. 6777, § 1, 9-23-93; Ord. No. 6836, § 1, 10-10-93; Ord. No. 7097, § 1, 9-22-94; Ord. No. 7392, § 1, 9-14-95; Ord. No. 7622, § 1, 2-8-96; Ord. No. 8061, § 1, 9-11-97; Ord. No. 8151, § 9, 12-16-97; Ord. No. 8677, §§ 1, 2, 9-9-99; Ord. No. 9225, §§ 1, 2, 9-13-01; Ord. No. 9379, §§ 1, 2, 7-11-02; Ord. No. 9416, §§ 1, 2, 9-12-02; Ord. No. 9629, §§ 1, 2, 9-25-03; Ord. No. 9854, § 2, 8-26-04; Ord. No. 9869, §§ 1—3, 9-9-04; Ord. No. 10,158, §§ 1, 2, 9-27-05; Ord. No. 10,403, §§ 1, 2, 9-14-06; Ord. No. 10,704, §§ 1, 2, 9-13-07; Ord. No. 10,962, §§ 1, 2, 9-22-08; Ord. No. 11,308, § 4, 2-25-10; Ord. No. 11,494, § 1, 11-11-10; Ord. No. 11,717, § 1, 9-8-11; Ord. No. 12,331, § 1, 9-12-13; Ord. No. 12,624, § 1, 8-28-14; Ord. No. 14,827, § 1, 9-9-21; Ord. No. 15,272, § 1, 11-22-22; Ord. No. 15,538, § 1, 9-14-23; Ord. No. 15,912, § 1, 9-26-24; Ord. No. 16,251, § 1, 9-25-25; Ord. No. 16,277, § 1, 10-23-25)

(a) No connections for flat-rate water service shall be allowed by the city waterworks system.

(b) Every single-family dwelling house constructed in the city shall be separately metered for water service. This subsection shall apply to the remodeling or altering of any existing house, garage or other building where an additional family dwelling is to be added or where the cost of such remodeling or alteration exceeds 50 percent of the original cost of such house or building.

(c) Each multi-unit residential establishment and each commercial establishment shall be either:

(1) Individually metered for water service; or

(2) Jointly metered for water service if the utility account is opened by and remains in the name of the owner of the property on which such establishment is located.

All meters for multi-unit residential establishments and commercial establishments must be installed at the road right-of-way line or in a dedicated public utility easement.

(d) If a multi-unit residential establishment or a commercial establishment is connected to the city system in a manner other than as prescribed in subsection (c) on October 29, 2009, the city, when it becomes aware of such condition, shall send notice by certified mail to the last known address of the owner of the property as recorded in the appraisal records of the appraisal district in which the property is located and, if known based upon a search of the city's utility records, to the tenant at the address listed on the city's utility records. A notice which the United States Postal Service returns as "refused" or "unclaimed" shall not affect the validity of the notice; and the notice shall be considered delivered seven days after mailing the same. Such notice shall be sufficient if it generally describes and gives notice that the establishment is connected in violation of this section and advises that violation must be corrected within 365 days after receipt of such notice. If new service or a change in service is requested during such 365-day period, compliance with subsection (c) shall be required in order to reestablish water service.

(e) Any person who shall violate this section shall, upon conviction, be punished as provided in section 1-14.

(Code 1967, § 31-57; Ord. No. 943, § 4, 11-7-68; Ord. No. 2328, § 1, 10-13-77; Ord. No. 11,224, § 1, 10-19-09; Ord. No. 14,327 § 6, 2-13-20)

(a) Water meters shall be read monthly and each customer shall be billed monthly. Each water bill shall have a precalculated and stated due date, which shall be approximately 14 days from the day the bill is to be mailed. If a water account is not paid by the due date, the customer shall be charged a late charge in the amount of ten percent of the amount of the water charge, which shall be shown as the gross amount on the bill. If the gross amount is not paid within 12 days after the indicated due and payable date, the city reserves the right to terminate water service as provided in subsection 98-62(i) and shall not restore service until the charges are paid, including reconnect charges.

(b) The provisions of subsection (a) of this section pertaining to a late charge of ten percent for the late payment of water bills shall not apply to political subdivisions organized under state law or to official public agencies or either the federal or state government.

(Code 1967, § 31-58; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1081, § 1, 3-25-71; Ord. No. 2328, § 1, 10-13-77; Ord. No. 4459, § 1, 5-22-86)

(a) If a residential customer desires to have water service temporarily turned on for a period of less than 30 days at a vacant property, a $100.00 temporary connection charge will be assessed prior to any water usage at the vacant property.

(b) If a commercial customer desires to have water service temporarily turned on for a period of less than 30 days at a vacant property, a $300.00 temporary connection charge will be assessed prior to any water usage at the vacant property.

(c) If there is unauthorized use of water on property that is vacant or closed for non-payment, an unauthorized use fee of $500.00 shall be assessed and collected prior to the water being turned on again at the property.

(Ord. No. 14,456, § 1, 8-13-20; Ord. No. 16,273, § 3, 10-9-25)

(a) If any person shall permit any waste or use of water contrary to law, the city reserves the right to cut off and discontinue water service until all past due charges have been paid and any required deposit has been made and further until any and all objectionable conditions pertaining to the waste or use of water have been corrected to the satisfaction of the director of finance.

(b) If the water meter has been turned off and locked for nonpayment of charges for water services and it is turned on again by anyone other than authorized personnel, a $100.00 broken lock fee will be assessed. If it becomes necessary to pull the meter, an additional $500.00 pull-meter fee will be added to the account. If, in the opinion of the utility billing manager, the turning off of the water at the curb stop or removal of the meter or the locking of the curb stop is not sufficient protection for the city against the use of water, waste or misuse of water, the utility billing manager may cause the water to be cut off and the service line to be cut and plugged. If the meter technicians have to pull an illegal "straight line," the police will be contacted and a $1,000.00 pull-straight-line fee assessed. Upon a reapplication for water service, all applicable fees and unauthorized consumption must be paid.

(c) If the water meter has been turned off for nonpayment of charges for water or sanitary sewer services and the customer has complied with the requirements of the city and is entitled to have the water turned on again, the following reconnection charges will be made, as applicable:

(1) If the service is to be reconnected at the customer's request between the hours of 8:00 a.m. and 5:00 p.m. of any weekday from Monday through Friday, except holidays authorized by the city council for city employees, there is no additional charge; or

(2) If the customer requests that service be reconnected at any other time than that stated in subsection (c)(1) of this section, the charge will be $50.00.

(d) If any person gives the city a check for the payment of water services that is not honored by the drawee bank for any reason or an automatic bank withdrawal is returned unpaid, the city reserves the right to cut off and discontinue water service until all charges due have been paid, including, but not limited to, the processing fee established in section 2-619 of this Code.

(e) If any person damages or destroys any city property used for measuring or distributing water, the utility billing manager shall collect from such person a sum equal to such destroyed or damaged property, but not less than $10.00. A $60.58 service charge will also be assessed to make the needed repairs.

(f) Customers may request their meters be reread once a year for a fee of $10.00. Subsequent requests will be assessed a $25.00 reread meter fee, if the reading is accurate. If the reading is incorrect, no fee will be assessed and the account will be adjusted to reflect the correct reading. If any person requests that his water meter be tested, the city utility billing division shall test the meter. If the meter test shows that the meter registers more water than actually consumed, the last bill shall be corrected according to the test result, and the meter shall be repaired or replaced. If the meter test shows that the meter correctly registers or registers less water than actually consumed, the customer shall be charged a meter test fee. The meter test fee for five-eighths-inch and one-inch meters is $60.58. Meter tests for meters larger than one inch will be billed actual cost.

(g) Any or all of the charges and fees provided by this section may be included in the regular or special billing of the city utility billing division and shall be in addition to all other charges or fees provided by this article.

(h) It shall be unlawful for any person to hinder or interfere with any utility billing division employee or agent who is delivering water termination notices pursuant to subsection (i)(2) of this section. It shall further be unlawful for any person, other than an occupant of the premises to which notice is delivered, to remove a water termination notice delivered by the utility billing division from any premises to which the utility billing division delivered that notice.

(i) Nonemergency termination.

(1) Generally. Whenever the city is authorized to terminate a customer's water services against that customer's consent and under this section or whenever the city otherwise terminates water services to a customer in a nonemergency situation other than by the customer's request, the city shall first provide notice in the form and manner described in this subsection to the customer and shall afford the customer an opportunity for a hearing in the form and manner described in this subsection before the termination of the services. If, after the city has complied with the notice requirements as described in this subsection, the customer does not request a hearing for review of the termination within the specified time, the city may terminate water services to the customer on the day and at the time specified in the notice to the customer or within five calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the pendency of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five days in which the city may terminate water after a declared termination date.

(2) Notice. Notice must be sent to a water customer at least eight days prior to the proposed termination date of the services to that customer if notice is sent by mail, or at least five days prior to termination if notice is delivered by the utility billing division. The notice may be incorporated into the customer's monthly bill, sent by certified letter, or hand delivered to the customer by a utility billing division employee or other person designated by the city to deliver such notices. The notice must be written and clearly communicate the following information:

a. The name of the customer whose service is proposed to be terminated;

b. The address where service is proposed to be terminated;

c. The reason for the proposed termination, including the amount of delinquency, if nonpayment of charges is the reason for termination;

d. The day and time on which the water service will be terminated, unless conditions bringing about the termination are sooner remedied;

e. The customer has the right to appear and be heard at a hearing to contest the proposed termination prior to the date of termination;

f. The means by which the customer may arrange for such a hearing; and

g. The date by which the customer must request and set the hearing in order to receive it, which deadline may be no earlier than one day prior to the termination date, nor may that deadline ever be sooner than five days from the date of sending the notice, the five days not including weekdays on which city offices are closed or holidays.

(3) Affidavit of failure to receive notice. After the deadline for requesting a hearing, as described in subsection (i)(2)g of this section, has passed, a customer may still request a hearing to review the decision to terminate the customer's water service within ten days of the deadline upon presentation to the city manager of an affidavit declaring that the customer, through no fault of that customer, did not receive notice of termination 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 finds it is meritorious the city manager shall order the continuation or restoration of services pending the appeal. If the hearing officer finds in favor of the customer, the hearing officer may order restoration of service.

(4) Notice to tenants. If the customer to whom water service is proposed to be terminated is a landlord who supplies water services to tenant water users, the city shall attempt to give notice to the tenant water users pursuant to subsection (i)(2) of this section.

(5) Hearing. If any customer requests a hearing to review the decision to terminate that customer's water services, 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 terminate services, in this context known as the hearing officer. The hearing shall be held no sooner than the next business day or later than 15 business days after being requested by the customer. The hearing officer may in his discretion delay or advance the hearing time upon showing of good cause by the customer. At the hearing the customer shall be given the opportunity to be heard in person to present the customer's case, to present testimony from other persons and to admit documents. The customer may be represented by counsel, though the city shall not provide counsel to the customer. The customer shall be given the opportunity to confront and cross examine any witnesses appearing against him at the hearing. The customer may request that a representative of the utility billing division 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 terminating the customer's water service shall be stated at the hearing. Upon reaching a final decision, the hearing officer shall state his reasons for reaching that decision and shall state the evidence on which the hearing officer relied in reaching those conclusions. If the hearing officer finds in favor of the customer, the customer's water service shall continue. If the hearing officer finds against the customer, the customer's water service shall be terminated. The hearing officer shall have the power to grant extensions, modify billings and fashion other reliefs as would be equitable.

(j) When the water meter has been turned off for nonpayment of charges for water service, sanitary sewer service, garbage collection service or if the water meter has been turned off for payment of utility services with a check that is not honored by the drawee bank for any reason, a cutoff fee will be charged in the amount of $50.00. Nonresidential customers whose doors are tagged prior to disconnection will be assessed a $100.00 tag door fee. When it is necessary to tag tenants' doors of a multifamily residential development prior to disconnection, a $100.00 tag-apartments fee will be imposed.

(Code 1967, § 31-59; Ord. No. 943, § 6, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 2328, § 1, 10-13-77; Ord. No. 3628, § 3, 5-26-83; Ord. No. 3966, § 1, 10-11-84; Ord. No. 4458, § 1, 5-22-86; Ord. No. 6005, §§ 2, 3, 9-26-91; Ord. No. 10,366, § 3, 7-26-06; Ord. No. 10,366, § 3, 7-27-06; Ord. No. 11,308, § 5, 2-25-10; Ord. No. 14,456, § 2, 8-13-20; Ord. No. 16,273, § 4, 10-9-25)

(a) Any commercial, industrial, multiunit, public utility or public school owning or having control of property on which there is located one or more facilities requiring water and such water provided to any one or more of such facilities is not discharged into the city sanitary sewer system may, at the owner's own expense, have installed by the city a water meter of a type and design and at a location approved by the director of utilities.

(b) Any facility that does not discharge into the city's sewer system when the water is furnished by the city's water system shall be metered by a city water meter connected to a separate service line from the city water main and located in the utility easement, upon the making of application therefor by the owner of such property and making the required deposits and paying the cost of meter installation and tap fees provided for by this article. Such meter shall be read by the city's meter readers and will be subject to the established water rates and charges of the city the same as any other metered water connection to a city main.

(c) No person shall be allowed to disconnect a water meter that meters a facility not discharging into the city's sanitary sewer system as stated in this section and then reconnect such meter to the city's water system within a 12-month period.

(d) Any person representing to the city that the facility for which a meter is installed, under this section, does not discharge waste into the city's sanitary sewer system when in fact it does or any person having facilities for which such a meter is installed who subsequently connects such facility to the city's sanitary sewer system without notifying the director of utilities shall be punishable as provided in section 1-14.

(Code 1967, § 31-61; Ord. No. 3317, § 1, 2-11-82)

(a) This section shall apply to those water users stated in section 98-63 who have facilities connected to the city sanitary sewer system and who make application to the director of utilities under this section.

(b) Any water user owning or having control of property on which there is located one or more facilities requiring water and such water provided to any such facility is not discharged into the city sanitary sewer system may make application to the director of utilities requesting that a study of the applicant's property and facilities be made for the purpose stated in this section and paying the fee required in this section.

(c) Requests for service under this section shall be made to the director of utilities. The applicant shall furnish all the information and other matters requested therein. The fee for making any study under this section shall be $35.00. No fee shall be required for studies initiated by the director of utilities subsequent to the first application. The fee is to reimburse the city for the expense of making the study. Each applicant shall agree, as a condition precedent to the director of utilities conducting the study and tests provided for in this section, including those initiated by the director of utilities, to indemnify and hold harmless the city from any and all such liability for any act or omission by the city, its agents and employees committed while conducting the studies and tests, causing or resulting in damages to the property or person of the applicant, his agents, employees and invitees.

(d) Upon receipt of a request and the fee required in this section, the director of utilities will, as soon as possible, make a study of the applicant's property and facilities. When, in the opinion of the director of utilities, based upon a study of the property and facilities of the applicant, it is impractical or unfeasible for the applicant to install one or more meters to measure the amount of water passing through the water meter serving such property and not being discharged into the city sanitary sewers, the director of utilities is authorized to deny such request.

(e) The director of utilities is authorized, at his discretion or on written request from an applicant, to make such additional studies from time to time of any such property and facilities to check the current accuracy of the filed study on any such property, and a new study based upon the latest available data shall be filed with the director of utilities to replace the prior one. No change in the basis of computing the sewer service charge for any property will be made until the first billing date after the filing by the director of utilities of the first or any subsequent report. Requests by an applicant for a restudy under this subsection will not be accepted or acted on more often than once in every 12-month period (annually) subsequent to the filing of the first report on the applicant's property.

(f) If it is necessary that certain testing instruments be installed or that existing equipment or facilities located on the applicant's property be altered, adjusted, disconnected or temporarily moved in order to facilitate the making of an engineering study or test under this section, all of such shall be done by and at the expense of the applicant.

(Code 1967, § 31-62; Ord. No. 3317, § 1, 2-11-82)

(a) Water. Liens for unpaid water charges shall be filed according to the following:

(1) After the city has terminated a customer's water pursuant to subsection 98-62(i) or after the city terminates water service at the customer's request, the supervisor of the utility billing division shall file a lien on the property served by the terminated water service and in the amount the customer whose service was terminated owed to the city for water service at the time of the termination of services.

(2) If a property receives water services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the proper charge for the water actually used or, if there is no way of determining the amount of water used, in the amount of the minimum monthly water charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such water services.

(b) Garbage collection. Liens for unpaid garbage collection service shall be filed as follows:

(1) After the city has terminated a customer's water service pursuant to subsection 98-59(i) or after the city terminates water service or garbage service at the customer's request or after a customer without water service becomes more than $50.00 delinquent for garbage service alone, the supervisor of the utility billing division shall file a lien on the property serviced by garbage collection service and in the amount the customer whose service was terminated owed to the city for garbage collection service at the time of the termination of services.

(2) If a property receives garbage collection services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly garbage collection charge that would have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such garbage collection services.

(c) Sewer service. Liens for unpaid sewer service shall be filed as follows:

(1) After the city has terminated a customer's water service pursuant to subsection 98-62(i) or after the city terminates water service or sewer service at the customer's request or after a customer without water service becomes more than $50.00 delinquent in payment for sewer charges alone to the city, the supervisor of the utility billing division shall file a lien on the property served by the water service and in the amount the customer whose service was terminated owed to the city for sewer service at the time of the termination of services or the accumulation of the delinquency in payment for sewer services.

(2) If a property receives sewer services illegally, without having an account with the city utility billing division, the supervisor of the utility billing division shall file a lien against that property in the amount of the minimum monthly sewer charge that would be have been charged to that property had a legitimate account been opened, multiplied by the number of months during which that property illegally received such sewer services.

(d) Exemptions. No lien for water charges, garbage collection charges, or sewer charges shall be placed on a property if:

(1) A customer owes less than $50.00 for the aggregate sum of water charges, garbage collection charges and sewer charges;

(2) The customer is not delinquent in payment for water charges, garbage collection charges, or sewer charges;

(3) The city knows the property to be a homestead as defined by the state constitution; or

(4) The city knows the property to be a single-family dwelling house and the delinquent water charges, garbage collection charges, or sewer charges to be for services provided to a residential consumer who is not the owner of the property.

(e) Filing procedures. Any lien authorized by this section shall be filed with the county clerk or with the county clerk of the county in which the property to which the lien will be attached is located. The city shall then have a privileged lien on as many lots or pieces of property as the terminated services previously served and are described on the lien instrument by metes and bounds or by city lot and block description or by any other adequate description. The lien shall secure the charges made by the city for the services rendered to that property. Such a lien shall be filed pursuant to the authority granted in Vernon's Ann. Civ. St. art. 1175, § 11; V.T.C.A., Local Government Code §§ 51.072 and 402.017; and state constitution article XI, section 5. The lien shall bear interest at a rate of ten percent per annum. The supervisor of the utility billing division shall add to any lien filed pursuant to this section that amount of the filing fee charged by the county clerk for filing that lien. The lien shall be effective against that property if the account holder or user of services at that property was either the owner of that property, a tenant of that property or a permissive holder of that property or an adverse possessor of that property. For any charges for which the lien authorized by this section is designed to secure, suit may be instituted and recovery in the foreclosure of that lien may be had in the name of the city. The city attorney is authorized to file such suits in a state court of competent jurisdiction.

(f) Notice and hearing. After the filing of a lien pursuant to this section, the supervisor of the utility billing division shall within 30 days of the filing of that lien give the owner of that property and the account holder notice that such a lien has been filed on that property and shall inform the owner and account holder of their rights of appeal. Within 30 days of the postmark of the notice sent to the property owner or account holder, the property owner or account holder may appeal the decision to impose the lien on that property to the city manager or any fair and impartial person whom the city manager may designate. The city manager shall authorize the release of the lien if the property owner or account holder shows that no bill for the services to this property encumbered by the lien is owing or if the property owner shows that the encumbered property is and at all times, from the hour of filing of the lien until the time of the appeal, has been a homestead as defined by the state constitution. The city manager may modify or release the lien to reflect the true amount of delinquency in payment for services to the property if the owner or account holder demonstrates that a lesser bill is owing than the lien alleged or if the supervisor of the utility billing division cannot show that all the lien alleged is owing. The person last listed on the tax records of the county in which the property is located as being the owner of any given piece of property shall be presumed to be the owner for purposes of this subsection, and the address listed for the owner on the tax records shall be presumed to be the address of the owner.

(g) Reconnection of services. No water, garbage or sewer services shall be provided to property encumbered by a lien filed pursuant to this section, except as otherwise required by V.T.C.A., Local Government Code § 552.0025. Notwithstanding this prohibition, the supervisor of the utility billing division shall be authorized to reconnect water, garbage and wastewater services if the customer agrees in writing to pay the accrued water and wastewater charges for such property in accordance with a payment schedule acceptable to the supervisor of the utility billing division and the customer also agrees to pay all current and future water and wastewater charges as they come due.

(h) Release. Whenever a person pays all principal, interest and the filing fee of a lien validly filed pursuant to this section, the supervisor of the utility billing division shall execute a release of that lien and surrender it to the paying party. The release shall be prepared and approved as to form by the city attorney and shall be duly notarized. The city shall not be responsible for filing that release.

(i) Effect of section. This section is cumulative of any other remedies, methods of collection or security available to the city under the Charter and city ordinances or under state law.

(Code 1967, § 31-63; Ord. No. 6005, § 4, 9-26-91; Ord. No. 11,624, § 1, 4-14-11; Ord. No. 11,646, §§ 2—4, 5-26-11; Ord. No. 11,893, § 1, 3-8-12)

All plumbing fixtures installed within a structure, whether residential or nonresidential, shall be connected to sewer lines that discharge into a public sewer system if such line lies within 300 feet of other approved means of disposal. Plumbing fixtures not connected to a public sewer system shall be connected to an approved sewage disposal system. Such private sewage disposal system shall be constructed and repairs or additions made in accordance with the applicable regulations of the city. No sewage from a plumbing system shall be discharged into state waters, unless specially approved by the authority having jurisdiction in accordance with state law.

(Ord. No. 11,803, § 18, 11-21-11)

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(a) Residential dwelling units. The sewer service charge for residential dwelling units shall be as follows:

(1) Individually metered for water consumption. Each residential dwelling unit individually metered and billed for the consumption of water shall be charged for and shall owe each month a sewer service charge based upon the consumption of water attributed to it as determined by article III of this chapter relating to water charges, applied to the following usage and the rate schedule for sewer service:

Wastewater Service - Rate Schedule
Individually Metered Single-Family Residential

(2) Jointly metered for water consumption. Multifamily dwelling unit projects not individually metered for water shall be charged for and shall owe each month a sanitary sewer charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the following usage and the rate schedule for sewer service:

Wastewater Service - Rate Schedule
Multi-Family Residential Master Meter Service

Unit = Constructed, regardless of whether occupied.

(b) Commercial units. Each commercial unit shall be charged for and shall owe each month a sanitary sewer service charge based upon the consumption of water attributed to it, applied to the following usage and the rate schedule for sewer service:

Wastewater Service - Rate Schedule
Non-Residential Service

(c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary sewer service charge based upon consumption of water attributed to it as determined by article III of this chapter relating to water charges applied to the same rates schedule as multifamily residential master meter service.

(Code 1967, § 31-65; Ord. No. 944, § 2, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465, §§ 1, 2, 9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, § 3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-86; Ord. No. 5644, §§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92; Ord. No. 6777, §§ 2, 3, 9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord. No. 8061, § 2, 9-11-97; Ord. No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No. 9225, §§ 3, 4, 9-13-01; Ord. No. 9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord. No. 9869, §§ 4, 5, 9-9-04; Ord. No. 10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3—5, 9-14-06; Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord. No. 10,962, §§ 3—5, 9-22-08; Ord. No. 11,308, § 6, 2-25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No. 11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-13; Ord. No. 12,624, § 2, 8-28-14; Ord. No. 14,050, § 1, 4-11-19; Ord. No. 14,827, § 2, 9-9-21; Ord. No. 15,272, § 2, 11-22-22; Ord. No. 15,538, § 2, 9-14-23; Ord. No. 15,912, § 2, 9-26-24; Ord. No. 16,251, § 2, 9-25-25; Ord. No. 16,277, § 2, 10-23-25)

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(a) Users without water. A person not connected to the city waterworks system shall be billed monthly by the utility billing division for sanitary sewer services at a rate determined by the utility billing supervisor, which rate shall be consistent with the regular sewer service charge of similar type premises or users receiving service from the city. If a person desiring service uses water or maintains premises in such a manner that a similar type user or premises cannot be found, the utility billing supervisor may recommend for approval to the city council such service charge and conditions as he deems appropriate.

(b) Users outside city limits.

(1) A person outside the city limits and authorized by the director of utilities to receive sewer service from the city shall pay a monthly sewer service charge equal to:

a. The sum of:

1. Two times the city's minimum monthly rate for users within the corporate limits and

2. One and one-half times the rate for any additional usage charged to a user situated within the corporate limits, except that the maximum charge specified in subsection 98-91(b)(1) shall not be applicable; or

b. Any other amount as may be otherwise established and approved in writing by the city council pursuant to a wastewater disposal agreement.

(2) A person outside the city limits and not connected to the city waterworks system shall be billed monthly by the utility billing division for sanitary sewer services at a rate determined by the utility billing supervisor that produces a charge of twice the city's minimum charge and 1½ times the rate for additional charges, such charges to be based upon the regular sewer service charge of similar type premises or users receiving service from the city within the city limits, except that the maximum charge specified in subsection 98-91(b)(1) shall not be applicable.

(Code 1967, § 31-65.1; Ord. No. 2209, § 1, 4-14-77; Ord. No. 2426, § 2, 3-9-78; Ord. No. 3824, § 1, 4-12-84; Ord. No. 6836, § 2, 10-10-93; Ord. No. 7622, § 2, 2-8-96; Ord. No. 9869, § 6, 9-9-04; Ord. No. 10,704, § 5, 9-13-07)

(a) For convenience of collection, the sewer service charge shall be added to the monthly water bills prepared by or for the city, and collection of the charge shall be made by the utility billing division at the time of payment of the monthly water bill covering service to a residence, apartment project, business or other enterprise of whatsoever nature. Employees or agents of the city shall not accept payment of the water bill from any such owner, occupant, tenant or lessee without collecting the full amount of the bill, including the sanitary sewer service charge.

(b) If the sewer service charge is not paid by the due date shown on the customer's water bill, the customer shall be charged a late charge in the amount of ten percent of the amount of such sewer charge, which shall be shown as the gross amount on such bill; if not paid by the next billing date, such gross amount will be shown in arrears on the customer's bill for the next month following. If the total amount of the following month's sanitary sewer charges, including arrears and current sanitary sewer service, is not paid by the due date specified on such month's bill, ten percent of the following month's sewer service charge shall be added as a late charge, and the total of the two months' charges will then be in arrears. A notice will be sent to a customer showing the total amount due and specifying a cutoff date for the discontinuance of water service or sewer service. If the account is not paid in full by such cutoff date, the city shall reserve the right to cut off and discontinue water service and sewer service until all past due charges have been paid, together with applicable reconnection charges.

(c) A person not connected to the city waterworks system and not owing water service charges will be billed by the utility billing division for sanitary sewer services on an individual basis.

(Code 1967, § 31-66; Ord. No. 944, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70)

(a) The utility billing division shall assess and collect a sewer tap fee of $800.00 for each and every four-inch sewer tap made within the city limits. All other taps (six inches and larger) and other special connections shall be made by a plumbing contractor or, at the city's option, at the estimated actual cost as determined by the utility billing manager with consultation of the director of public works and engineering.

(b) The owner may, at his option and expense, have any four-inch sewer tap made by a licensed master plumber. A sewer tap permit shall be obtained by application with the plumbing inspector. No fee will be charged by the city for such a sewer tap. The sewer tap is subject to inspection by the plumbing inspector and must be constructed according to the city engineer's specifications for sewer taps.

(c) Any person who taps a sewer line without a permit or in violation of this section shall be punished as provided in section 1-14.

(d) If a person pays for a sewer tap and fails to have the tap made within one year from the date such tap fee is paid, the city shall not allow the sewer tap to be made unless the person requesting the tap pays such additional amount necessary to increase the original payment to the current cost of a sewer tap.

(Code 1967, § 31-67; Ord. No. 944, § 5, 11-7-68; Ord. No. 1015, § 3, 2-12-70; Ord. No. 1752, §§ 3, 4, 2-27-75; Ord. No. 2061, § 1, 8-12-76; Ord. No. 2356, § 1, 10-27-77; Ord. No. 2738, § 3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3628, § 2, 5-26-83; Ord. No. 5644, § 3, 9-27-90; Ord. No. 9226, § 2, 9-13-01; Ord. No. 11,308, § 7, 2-25-10; Ord. No. 14,718, § 1, 5-13-21 )

A person shall not be charged for sewer service based on water consumption, as delineated in this article, where such user has a facility not discharging into the city's sanitary sewer system and metered under sections 98-63 and 98-64.

(Code 1967, § 31-68; Ord. No. 3317, § 2, 2-11-82)

This article sets forth uniform requirements for users of the publicly owned treatment works for the City of Baytown and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and the General Pretreatment Regulations (Title 40 of the Code of Federal Regulations [CFR] Part 403). The objectives of this article are:

(1) To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation;

(2) To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters, or otherwise be incompatible with the publicly owned treatment works;

(3) To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;

(4) To promote reuse and recycling of industrial wastewater and sludge from the publicly owned treatment works;

(5) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the publicly owned treatment works; and

(6) To enable the city to comply with its national pollutant discharge elimination system permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the publicly owned treatment works is subject.

This article shall apply to all users of the publicly owned treatment works. The article authorizes the issuance of individual wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.

(Ord. No. 14,388, § 2, 5-14-20)

Except as otherwise provided herein, the director shall administer, implement, and enforce the provisions of this article.

(Ord. No. 14,388, § 2, 5-14-20)

The following abbreviations, when used m this article, shall have the designated meanings:

BOD—Biochemical oxygen demand

BMP—Best management practice

BMR—Baseline monitoring report

CFR—Code of Federal Regulations

CIU—Categorical industrial user

COD—Chemical oxygen demand

EPA—U.S. Environmental Protection Agency

gpd—Gallons per day

IU—Industrial user

mg/l—Milligrams per liter

POTW—Publicly owned treatment works

RCRA—Resource Conservation and Recovery Act

SIU—Significant industrial user

SNC—Significant noncompliance

TAC—Texas Administrative Code

TPDES—Texas Pollutant Discharge Elimination System

TSS—Total suspended solids

U.S.C.—United States Code

(Ord. No. 14,388, § 2, 5-14-20)

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another 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. section 1251 et seq.

Approval authority administrator means the Region VI administrator of the EPA or their duly authorized representative.

Authorized or duly authorized representative of the user means:

(1) If the user is a corporation:

a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

(4) The individuals described in subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

Best management practices or BMPs means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 98-130(a) and (b) [40 CFR 403.5(a)(1) and (b)]. BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.

Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20 degrees centigrade, usually expressed as a concentration (e.g., mg/l).

Categorical industrial user means an industrial user subject to a categorical pretreatment standard or categorical standard.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.

Chemical oxygen demand or COD means a measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.

City or individuals of the city means the City of Baytown, Texas, or any authorized person acting in its behalf.

Composite sample means a sample collected over a period of time greater than 15 minutes formed by an appropriate number of discrete samples which are: (1) collected at equal time intervals and combined in proportion to the wastewater flow or (2) are equal volumes taken at varying time intervals in proportion to the wastewater flow, or (3) equal volumes taken at equal time intervals.

Control authority means the city.

Daily discharge means the discharge of a pollutant during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.

Daily maximum means the arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Daily maximum limit means the maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Director means the person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article.

Environmental protection agency or EPA means the U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

Existing source means any source of discharge that is not a "new source."

Grab sample means a sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.

Indirect discharge or discharge means the introduction of pollutants into the POTW from any nondomestic source.

Instantaneous limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city's TPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Local limit means specific discharge limits developed and enforced by the city upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.S(a)(l) and (b).

Medical waste means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.

Monthly average means the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly average limit means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

New source means:

(1) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act that will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:

a. The building, structure, facility, or installation is constructed at a site at which no other source is located;

b. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or

c. The production or wastewater generating processes of the building, structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)b. or (1)c. above but otherwise alters, replaces, or adds to existing process or production equipment.

(3) Construction of a new source has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous onsite construction program:

(i) Any placement, assembly, or installation of facilities or equipment; or

(ii) Significant site preparation work including clearing, excavating, or removing existing buildings, structures, or facilities, which is necessary for the placement, assembly, or installation of new source facilities or equipment; or

b. Entered into a binding contractual obligation for the purchase of facilities or equipment which is 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 that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Pass through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's TPDES permit, including an increase in the magnitude or duration of a violation.

PH means a measure of the acidity or alkalinity of a solution, expressed in standard units.

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment requirements means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards means prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges mean absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 98-130 of this article.

Publicly owned treatment works or POTW means a treatment works, as defined by section 212 of the act (33 U.S.C. section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances which convey wastewater to a treatment plant.

Septic tank waste means any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Sewage means human excrement and gray water (household showers, dishwashing operations, etc.).

Significant industrial user or SIU means, except as provided in subsections (3) and (4) of this definition:

(1) An industrial user subject to categorical pretreatment standards; or

(2) An industrial user that:

a. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

b. Contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3) Upon a finding that a user meeting the criteria in subsection (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from an industrial user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Slug load or slug discharge means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 98-130 of this article. 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, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW's regulations, local limits or permit conditions.

Stormwater means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Total suspended solids or suspended solids means the total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

User or industrial user means a source of indirect discharge.

Wastewater means liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.

Wastewater treatment plant or treatment plant means that portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.

(Ord. No. 14,388, § 2, 5-14-20)

(a) 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.

(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the following pollutants, substances, or wastewater:

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;

(2) Wastewater having a pH less than 5.0 or more than 12.5, or otherwise causing corrosive structural damage to the POTW or equipment;

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference;

(4) 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;

(5) Wastewater having a temperature greater than 150 degrees F (65 degrees C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104 degrees F (40 degrees C);

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will 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) Trucked or hauled pollutants, except at discharge points designated by the director in accordance with section 98-139 of this article;

(9) 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;

(10) 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 TPDES permit;

(11) Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations;

(12) Stormwater, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the director;

(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(14) Medical wastes, except as specifically authorized by the director in an individual wastewater discharge permit;

(15) Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail toxicity test;

(16) Detergents, surface-active agents, or other substances which might cause excessive foaming in the POTW;

(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater than 100 mg/l;

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.

(Ord. No. 14,388, § 2, 5-14-20)

(a) Users must comply with the categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471. Users must also comply with any required best management standards or BMPs, as they are enforceable.

(b) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the director shall impose an alternate limit in accordance with 40 CFR 403.6(e).

(Ord. No. 14,388, § 2, 5-14-20)

Users must comply with state pretreatment standards codified in 30 TAC Chapter 315.

(Ord. No. 14,388, § 2, 5-14-20)

(a) The director is authorized to establish local limits pursuant to 40 CFR 403.5(c).

(b) 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 limits.

Arsenic, 1.39 mg/l;

Barium, 56.80 mg/l;

Cadmium, 3.34 mg/l;

Chromium, 15.41 mg/l;

Copper, 2.49 mg/l

Cyanide, 0.11 mg/l;

Lead, 6.39 mg/l;

Mercury, 0.03 mg/l;

Nickel, 3.79 mg/l;

Silver, 0.48 mg/l; and

Zinc, 3.50 mg/l.

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 may impose mass limitations in addition to the concentration-based limitations above.

(Ord. No. 14,388, § 2, 5-14-20)

The city reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the POTW consistent with the purpose of this article.

(Ord. No. 14,388, § 2, 5-14-20)

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 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. 14,388, § 2, 5-14-20)

Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 98-130 of this article within the time limitations specified by EPA, the state, or the director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the director for review, and shall be acceptable to the director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the city under the provisions of this article.

(Ord. No. 14,388, § 2, 5-14-20)

(a) Whenever deemed necessary, the director may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and determine the user's compliance with the requirements of this article.

(b) The director may require any person discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.

(c) Oil and sand interceptors shall be provided when, in the opinion of the director, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the director and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.

(d) Grease traps.

(1) Effect of section.

a. The maintenance requirements of this section shall apply to all commercial food preparation and food service establishments that are equipped with some type of grease trap.

b. Both the construction and maintenance requirements of this section shall apply to all new construction, changes in permit ownership, changes in operations, or changes in occupancy.

(2) Construction requirements.

a. Every commercial food preparation and food service establishment, including, but not limited to, abattoirs, bakeries, boardinghouses, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, hotels, restaurants, schools or similar places where meat, poultry, seafood, dairy products or fried foods are prepared or served shall discharge all wastes from sinks, garbage disposals, dishwashers and drains into an approved and properly maintained and functioning grease trap before entering the sanitary sewer drain.

b. No frying vats shall discharge into a grease trap.

c. The grease trap shall be easily accessible for cleaning and shall be installed as close as possible to the grease source and shall be equipped with a sample well for ease in sampling unless the construction of such trap makes the sample well unnecessary.

d. Grease traps shall be located outside the food preparation area unless otherwise approved by the city.

(3) Maintenance requirements.

a. All commercial food preparation and food service establishment operators shall completely clean the grease trap at least once every 90 days.

b. The operator shall maintain manifests on site for at least three years and be available for review when a city representative visits. The manifests shall contain the name and address of the food service establishment; the name and address of the licensed waste carrier; the name and address of the licensed disposal site; the signature of the operator of the establishment, the waste carrier and the disposal site; and the quantity and date of grease removal and disposal.

(e) Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.

(Ord. No. 14,388, § 2, 5-14-20)

Within one year of being designated as a SIU, the director shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The director may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the director may develop such a plan for any user. The director will keep records of the activities associated with slug control evaluation and results and will be made available to the approval authority upon a written request. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:

(1) Description of discharge practices, including nonroutine batch discharges;

(2) Description of stored chemicals;

(3) Procedures for immediately notifying the director of any accidental or slug discharge, as required by section 98-159 of this article; and

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.

(Ord. No. 14,388, § 2, 5-14-20)

Hauled 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.

(Ord. No. 14,388, § 2, 5-14-20)

When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(Ord. No. 14,388, § 2, 5-14-20)

(a) No significant industrial user shall discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to section 98-142 of this article may continue to discharge for the time period specified therein.

(b) The director may require other users to obtain individual wastewater discharge permits as necessary to carry out the purposes of this article.

(c) Any violation of the terms and conditions of an individual wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in divisions 10 through 12 of this article. Obtaining an individual wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.

(Ord. No. 14,388, § 2, 5-14-20)

Any user that does not currently have a wastewater discharge permit, but that is required to obtain an individual wastewater discharge permit, who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within 90 days after said date, apply to the director for an individual wastewater discharge permit in accordance with section 98-144 of this article, and shall not cause or allow discharges to the POTW to continue after 90 days of the effective date of this article except in accordance with an individual wastewater discharge permit issued by the director.

(Ord. No. 14,388, § 2, 5-14-20)

Any user required to obtain an individual wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this individual wastewater discharge permit, in accordance with section 98-144 of this article, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.

(Ord. No. 14,388, § 2, 5-14-20)

(a) All users required to obtain an individual wastewater discharge permit must submit a permit application. The director may require users to submit all or some of the following information as part of a permit application:

(1) Identifying information.

a. The name and address of the facility, including the name of the operator and owner; and

b. Contact information, description of activities, facilities, and plant production processes on the premises.

(2) Environmental permits. A list of any environmental control permits held by or for the facility.

(3) Description of operations.

a. A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

b. Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

c. Number and type of employees, hours of operation, and proposed or actual hours of operation;

d. Type and amount of raw materials processed (average and maximum per day); and

e. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.

(4) Time and duration of discharges.

(5) The location for monitoring all wastes covered by the permit.

(6) Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in section 98-131 (40 CFR 403.6(e)).

(7) Measurement of pollutants.

a. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources;

b. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process;

c. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported;

d. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 98-163 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard; and

e. Sampling must be performed in accordance with procedures set out in section 98-164 of this article.

(8) Any other information as may be deemed necessary by the director to evaluate the permit application.

(b) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(Ord. No. 14,388, § 2, 5-14-20)

(a) All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in section 98-167.

(b) If the designation of an authorized representative 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 written authorization satisfying the requirements of this section must be submitted to the director prior to or together with any reports to be signed by an authorized representative.

(Ord. No. 14,388, § 2, 5-14-20)

The director will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete permit application, the director will determine whether to issue an individual wastewater discharge permit. The director may deny any application for an individual wastewater discharge permit.

(Ord. No. 14,388, § 2, 5-14-20)

An individual wastewater discharge permit shall be issued for a specified time period, not to exceed five years from the effective date of the permit. An individual wastewater discharge permit may be issued for a period less than five years, at the discretion of the director. Each individual wastewater discharge permit will indicate a specific date upon which it will expire.

(Ord. No. 14,388, § 2, 5-14-20)

An individual wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.

(1) Individual wastewater discharge permits must contain:

a. A statement that indicates the wastewater discharge permit issuance date, expiration date and effective date;

b. A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 98-150 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;

c. Effluent limits, including best management practices, based on applicable pretreatment standards;

d. Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law;

e. A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law; and

f. Requirements to control slug discharge, if determined by the director to be necessary.

(2) Individual wastewater discharge permits may contain, but need not be limited to, the following conditions:

a. Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;

b. Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;

c. Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;

d. Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;

e. The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;

f. Requirements for installation and maintenance of inspection and sampling facilities and equipment, including flow measurement devices;

g. A statement that compliance with the individual wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the individual wastewater discharge permit; and

h. Other conditions as deemed appropriate by the director to ensure compliance with this article, and state and federal laws, rules, and regulations.

(Ord. No. 14,388, § 2, 5-14-20)

The director may modify an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(2) To address significant alterations or additions to the user's operation, processes, or wastewater volume or character since the time of the individual wastewater discharge permit issuance;

(3) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

(4) Information indicating that the permitted discharge poses a threat to the city's POTW, city personnel, or the receiving waters;

(5) Violation of any terms or conditions of the individual wastewater discharge permit;

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

(8) To correct typographical or other errors in the individual wastewater discharge permit; or

(9) To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with section 98-150.

(Ord. No. 14,388, § 2, 5-14-20)

Individual wastewater discharge permits may be transferred to a new owner or operator only if the permittee gives at least 30 days' advance notice to the director and the director approves the individual wastewater discharge permit transfer. The notice to the director must include a written certification by the new owner or operator which:

(1) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;

(2) Identifies the specific date on which the transfer is to occur; and

(3) Acknowledges full responsibility for complying with the existing individual wastewater discharge permit.

Failure to provide advance notice of a transfer renders the individual wastewater discharge permit void as of the date of facility transfer.

(Ord. No. 14,388, § 2, 5-14-20)

The director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(1) Failure to notify the director of significant changes to the wastewater prior to the changed discharge;

(2) Failure to provide prior notification to the director of changed conditions pursuant to section 98-158 of this article;

(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(4) Falsifying self-monitoring reports and certification statements;

(5) Tampering with monitoring equipment;

(6) Refusing to allow the director timely access to the facility premises and records;

(7) Failure to meet effluent limitations;

(8) Failure to pay fines;

(9) Failure to pay sewer charges;

(10) Failure to meet compliance schedules;

(11) Failure to complete a wastewater survey or the wastewater discharge permit application;

(12) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.

Individual wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All individual wastewater discharge permits issued to a user for a particular location are void upon the issuance of a new individual wastewater discharge permit to that user for such location.

(Ord. No. 14,388, § 2, 5-14-20)

A user with an expiring individual wastewater discharge permit shall apply for individual wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 98-144 of this article, a minimum of 60 days prior to the expiration of the user's existing individual wastewater discharge permit.

(Ord. No. 14,388, § 2, 5-14-20)

(a) If another municipality, or user located within another municipality, contributes wastewater to the POTW, the director shall enter into an interlocal agreement with the contributing municipality.

(b) Prior to entering into an agreement required by subsection (a), above, the director shall request the following information from the contributing municipality:

(1) A description of the quality and volume of wastewater discharged to the POTW by the contributing municipality;

(2) An inventory of all users located within the contributing municipality that are discharging to the POTW; and

(3) Such other information as the director may deem necessary.

(c) An interlocal agreement, as required by subsection (a), above, shall contain the following conditions:

(1) A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits, including required baseline monitoring reports (BMRs) which are at least as stringent as those set out in section 98-133 of this article. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city's ordinance or local limits;

(2) A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;

(3) A provision specifying which pretreatment implementation activities, including individual wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;

(4) A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;

(5) Limits on the nature, quality, and volume of the contributing municipality's wastewater at the point where it discharges to the POTW;

(6) Requirements for monitoring the contributing municipality's discharge;

(7) A provision ensuring the director access to the facilities of users located within the contributing municipality's jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the director; and

(8) A provision specifying remedies available for breach of the terms of the interlocal agreement.

(Ord. No. 14,388, § 2, 5-14-20)

(a) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical industrial users currently discharging to or scheduled to discharge to the POTW shall submit to the director a report which contains the information listed in subsection (b), below. At least 90 days prior to commencement of their discharge, new sources, and sources that become categorical industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the director a report which contains the information listed in subsection (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.

(b) Users described above shall submit the information set forth below.

(1) All information required in section 98-144(a)(l)a., section 98-144(a)(2), section 98-144(a)(3)a., and section 98-144(a)(6).

(2) Measurement of pollutants.

a. The user shall provide the information required in section 98-144(a)(7)a. through d. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

b. The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this subsection.

c. 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 in 40 CFR 403.6(e) 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 control authority.

d. Sampling and analysis shall be performed in accordance with section 98-163.

e. 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.

f. 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.

(3) Compliance certification. A statement, reviewed by the user's authorized representative as defined in section 98-129 and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.

(4) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 98-155 of this article.

(5) Signature and report certification. All baseline monitoring reports must be certified in accordance with section 98-167 of this article and signed by an authorized representative as defined in section 98-129.

(Ord. No. 14,388, § 2, 5-14-20)

The following conditions shall apply to the compliance schedule required by section 98-154(b)(4) of this article:

(1) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation). In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user;

(2) No increment referred to above shall exceed nine months;

(3) The user shall submit a progress report to the director no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and

(4) In no event shall more than nine months elapse between such progress reports to the director.

(Ord. No. 14,388, § 2, 5-14-20)

Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the director a report containing the information described in section 98-144(a)(6) and (7) and 98-154(b)(2) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in section 98-131, this report shall contain a reasonable measure of the user's long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user. All compliance reports must be signed and certified in accordance with section 98-167 of this article. All sampling will be done in conformance with section 98-164.

(Ord. No. 14,388, § 2, 5-14-20)

(a) All significant industrial users must, at a frequency determined by the director submit no less than twice per year (June and December) reports indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.

(b) All periodic compliance reports must be signed and certified in accordance with section 98-167 of this article.

(c) All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(d) If a user subject to the reporting requirement in this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the director, using the procedures prescribed in section 98-164 of this article, the results of this monitoring shall be included in the report.

(Ord. No. 14,388, § 2, 5-14-20)

Each user must notify the director of any significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change.

(1) The director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 98-144 of this article.

(2) The director may issue an individual wastewater discharge permit under section 98-152 of this article or modify an existing wastewater discharge permit under section 98-149 of this article in response to changed conditions or anticipated changed conditions.

(Ord. No. 14,388, § 2, 5-14-20)

(a) In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

(b) Within five days following such discharge, the user shall, unless waived by the director, submit a detailed written report describing the cause(s) 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 might be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.

(c) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in subsection (a), above. Employers shall ensure that all employees, who could cause such a discharge to occur, are advised of the emergency notification procedure.

(d) Significant industrial users are required to notify the director immediately of any changes at its facility affecting the potential for a slug discharge.

(Ord. No. 14,388, § 2, 5-14-20)

All users not required to obtain an individual wastewater discharge permit shall provide appropriate reports to the director as the director may require.

(Ord. No. 14,388, § 2, 5-14-20)

If sampling performed by a user indicates a violation, the user must 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. Resampling by the industrial user is not required if the city performs sampling at the user's facility at least once a month, or if the city performs sampling at the user between the time when the initial sampling was conducted and the time when the user or the city receives the results of this sampling, or if the city has performed the sampling and analysis in lieu of the Industrial user. If the city performs the sampling and analysis in lieu of the user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.

(Ord. No. 14,388, § 2, 5-14-20)

(a) Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA regional waste management division director, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 98-158 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 98-154, 98-156, and 98-157 of this article.

(b) Dischargers are exempt from the requirements of subsection (a), above, during calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

(c) In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the director, the EPA regional waste management waste division director, and state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.

(d) In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

(e) This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

(Ord. No. 14,388, § 2, 5-14-20)

All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the director or other parties approved by EPA.

(Ord. No. 14,388, § 2, 5-14-20)

Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report, based on data that is representative of conditions occurring during the reporting period.

(1) Except as indicated in subsections (b) and (c), below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, unless time-proportional composite sampling or grab sampling is authorized in writing by the director. Where authorized by the director, the decision must be documented in the users file and permit. Where time-proportional composite sampling or grab sampling is authorized by the city, how these alternate sampling techniques are representative of the discharge must be documented. Where the director cannot verify that previous techniques were representative, such data will not support the use of this alternative practice. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. Where the user discharges less than 24 hours per day, the sampling must be representative of the user's wastewater discharge. Sampling must be taken within a 24-hour period; however, the sample should only be collected during the portion of the 24-hour period that the IU is discharged from the regulated process or pretreatment unit (as long as regulated process wastewater is flowing through the pretreatment unit). During parts of the day when there is no discharge of process wastewater, standing water should not be disproportionately sampled and analyzed as it would not be representative of the discharge from the IU.

(2) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.

(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in sections 98-154 and 98-156 [40 CFR 403.12(b) and (d)], a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist or where there has been a change to existing IUs, for example, the addition of treatment; for facilities for which historical sampling data are available and historical data is still representative of the current discharge, the director may authorize a lower minimum. The director may also authorize to require that more than four grab samples be taken and separately analyzed to ensure sampling is representative. For the reports required by section 98-157 [40 CFR 403.12(e) and 403.12(h)], the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

(4) Total residual chlorine, pH, and temperature samples cannot be "composited" under any circumstances.

(Ord. No. 14,388, § 2, 5-14-20)

Written reports will be deemed to have been submitted on the date postmarked. For reports, which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.

(Ord. No. 14,388, § 2, 5-14-20)

Users subject to the reporting requirements of this article shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established under section 98-133. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the director.

(Ord. No. 14,388, § 2, 5-14-20)

Certification of permit applications, user reports and initial monitoring waiver. The following certification statement is required to be signed and submitted by users submitting permit applications in accordance with section 98-145; users submitting baseline monitoring reports under section 98-154(b)(5); users submitting reports on compliance with the categorical pretreatment standard deadlines under section 98-156; and users submitting periodic compliance reports required by section 98-157(a) and (b). The following certification statement must be signed by an authorized representative as defined in section 98-129.

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.

(Ord. No. 14,388, § 2, 5-14-20)

The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this article and any individual wastewater discharge permit or order issued hereunder. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. The city will collect at least one sample and conduct at least one onsite inspection annually on each SIU and CIU.

(1) Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the director shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(2) The director shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.

(3) The director may require the user to install monitoring equipment as necessary. Where the installation of sampling equipment is required, the industrial user shall have 90 days to install it from the date of the issuance of their permit. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated at least annually to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the director and shall not be replaced. The costs of clearing such access shall be born by the user.

(5) Unreasonable delays in allowing the director access to the user's premises shall be a violation of this article.

(Ord. No. 14,388, § 2, 5-14-20)

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 article, 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 article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the director may seek issuance of a search warrant from a magistrate.

(Ord. No. 14,388, § 2, 5-14-20)

Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the director inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the director, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing a report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes initially shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the TPDES program or pretreatment program, and in enforcement proceedings involving the person furnishing the report. Information initially withheld from the public shall be submitted to the state attorney general for a decision regarding whether the information is subject to disclosure pursuant to V.T.C.A., Government Code § 552.001 et seq. The user must make arguments directly to the state attorney general as to why the information should not be released. The city will abide by the ruling of the state attorney general. Wastewater constituents and characteristics and other effluent data, as defined at 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

(Ord. No. 14,388, § 2, 5-14-20)

The director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements. The term significant noncompliance shall be applicable to all significant industrial users (or any other industrial user that violates subsections (c), (d) or (h) of this section) and shall mean:

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section 98-129;

(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section 98-129 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment standard or requirement as defined by section 98-129 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;

(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the director exercise of its emergency authority to halt or prevent such a discharge;

(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;

(6) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; or

(8) Any other violation(s), which may include a violation of best management practices, which the director determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. No. 14,388, § 2, 5-14-20)

When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord. No. 14,388, § 2, 5-14-20)

The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 98-175 and 98-176 of this article and shall be judicially enforceable.

(Ord. No. 14,388, § 2, 5-14-20)

The director may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least eight days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 98-129 and required by section 98-145(a). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. No. 14,388, § 2, 5-14-20)

When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 14,388, § 2, 5-14-20)

When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements; and

(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 14,388, § 2, 5-14-20)

(a) When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such user in an amount not to exceed $2,000.00 per violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(b) Users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the director may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The director may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(c) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 14,388, § 2, 5-14-20)

The director may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in section 98-179 of this article are initiated against the user.

(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under sections 98-174 or 98-179 of this article.

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(Ord. No. 14,388, § 2, 5-14-20)

In addition to the provisions in section 98-151 of this article, any user who violates the following conditions is subject to discharge termination:

(1) Violation of individual wastewater discharge permit conditions;

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5) Violation of the pretreatment standards in division 2 of this article.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 98-174 of this article why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 14,388, § 2, 5-14-20)

When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may petition any court of competent jurisdiction through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 14,388, § 2, 5-14-20)

(a) A user who has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of up to $2,000.00 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(b) The director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(c) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(Ord. No. 14,388, § 2, 5-14-20)

(a) A user who willfully or negligently violates any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a Class C misdemeanor, punishable by a fine of not more than $2,000.00 per violation per day.

(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a class C misdemeanor and be subject to a penalty of up to $2,000.00. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than $2,000.00 per violation per day.

(Ord. No. 14,388, § 2, 5-14-20)

The remedies provided for in this article are not exclusive. The director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the director may take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user.

(Ord. No. 14,388, § 2, 5-14-20)

A penalty of $200.00 shall be assessed to any user for each day that a report required by this article, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the director to collect late reporting penalties shall not limit the director authority to initiate other enforcement actions that may include penalties for late reporting violations.

(Ord. No. 14,388, § 2, 5-14-20)

The director may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(Ord. No. 14,388, § 2, 5-14-20)

The director may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this article, a previous individual wastewater discharge permit or order issued hereunder.

(Ord. No. 14,388, § 2, 5-14-20)

Whenever a user has violated or continues to violate any provision of this article, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

(Ord. No. 14,388, § 2, 5-14-20)

A violation of any provision of this article, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of chapter 42, article II of this Code, governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.

(Ord. No. 14,388, § 2, 5-14-20)

(a) For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(b) For an action brought in a federal court, an upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (c), below, are met.

(c) For an action brought in federal court, a 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 user can identify the cause(s) 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 user has submitted the following information to the director within 24 hours of becoming aware of the upset [if this information is provided orally, a written submission must be provided within five days]:

a. A description of the indirect discharge 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 and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(d) In any enforcement proceeding in federal court, the user seeking to establish the occurrence of an upset shall have the burden of proof.

(e) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought in federal court for noncompliance with categorical pretreatment standards.

(f) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(Ord. No. 14,388, § 2, 5-14-20)

A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in section 98-130(a) of this article or the specific prohibitions in sections 98-130(b)(3) through (b)(16) of this article if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1) A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

(2) No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its TPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. No. 14,388, § 2, 5-14-20)

(a) For the purposes of this section:

(1) Bypass means the intentional diversion of wastestreams from any portion of a user's treatment facility.

(2) 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) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (c) and (d) of this section.

(c) Bypass notifications.

(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the director, at least ten days before the date of the bypass, if possible.

(2) A user shall submit oral notice to the director of an unanticipated bypass that exceeds applicable pretreatment standards within 24 hours from the time it becomes aware of the bypass. A written submission shall also be provided within five days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.

(d) Bypass.

(1) Bypass is prohibited, and the director may take an enforcement action against a user for a bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

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 user submitted notices as required under subsection (c) of 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.

(Ord. No. 14,388, § 2, 5-14-20)

(a) The act of God defense constitutes statutory affirmative defense [V.T.C.A., Water Code § 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. 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

c. 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.

(Ord. No. 14,388, § 2, 5-14-20)

(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:

User charge = [ BOD / 250 + TSS / 250 ] x (O&M costs) x (volume)

Where:

BOD 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 BOD shall be considered zero.

TSS represents the total suspended solids 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.

(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.

(Ord. No. 14,388, § 2, 5-14-20)

(a) The city shall adjust sewer user charges at least annually to reflect changes m 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.

(Ord. No. 14,388, § 2, 5-14-20)

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.

(Ord. No. 14,388, § 2, 5-14-20)

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:

Applicant means a person with requisite right, title or interest or an agent for such person who has filed an application for new development or redevelopment that requires a post-construction stormwater management plan under this article.

Authorized enforcement agency means the health department of the city.

Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Building means any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property.

Channel means a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

Clean Water Act means the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, (33 U.S.C. §§ 1251, et seq.), and any subsequent amendments thereto.

Clearing means any activity which removes (in whole or in part) the vegetative surface cover.

Commencement of construction activity means the initial disturbance of soils associated with clearing, grading, excavating activities, or other similar activities.

Construction activity means activities subject to TPDES construction permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

Construction regulations mean those rules and regulations contained in the City of Baytown's Stormwater Management Handbook for Construction Activities, 2009 Edition, which are on file with the city clerk and are hereby adopted and incorporated herein for all intents and purposes.

Construction site means a parcel of land, or a contiguous combination thereof, involved in construction activity.

Construction site operator. The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below:

Primary operator. The person or persons associated with a large or small construction activity that meets either of the following two criteria:

(a) The person or persons have operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or

(b) The person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a stormwater pollution prevention plan (SWP3) for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions).

Secondary operator. The person whose operational control is limited to the employment of other operators or to the ability to approve or disapprove changes to plans and specifications. A secondary operator is also defined as a primary operator and must comply with the permit requirements for primary operators if there are no other operators at the construction site.

Detention means the temporary storage of storm runoff in a stormwater management device with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

Detention basin means a detention facility or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.

Direct discharge or point source means any discernible, confined and discrete conveyance including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.

Director means the city's director of health.

Discharge means any spilling, leaking, pumping, pouring, emptying, dumping, disposing, or other addition of pollutants to "waters of the state."

Disturbed area is clearing, grading, and excavation. Mere cutting of trees, without grubbing, stump removal, disturbance or exposure of soil is not considered "disturbed area." "Disturbed area" does not include routine maintenance but does include redevelopment.

Drainage easement means a legal right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.

EPA means U.S. Environmental Protection Agency.

Erosion control means measures that prevent erosion.

Facility or activity. For the purpose of this permit, a construction site or construction support activity that is regulated under this general permit, including all contiguous land and fixtures (e.g., ponds and materials stockpiles), structures, or appurtenances used at a construction site or industrial site described by this general permit.

Final stabilization. A construction site status where any of the following conditions are met:

(a) All soil disturbing activities at the site have been completed and a uniform (i.e., evenly distributed, without large bare areas) perennial vegetative cover with a density of at least 70 percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

(b) For individual lots in a residential construction site by either:

(1) the homebuilder completing final stabilization as specified in condition (a) above; or

(2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of, final stabilization. If temporary stabilization is not feasible, then the homebuilder may fulfill this requirement by retaining perimeter controls or other best management practices, and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization.

(c) For construction activities on land used for agricultural purposes (e.g., pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition (a) above.

(d) In arid, semi-arid, and drought-stricken areas only, all soil disturbing activities at the site have been completed and both of the following criteria have been met:

(1) Temporary erosion control measures (e.g., degradable rolled erosion control product) are selected, designed, and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator, and

(2) The temporary erosion control measures are selected, designed, and installed to achieve 70 percent vegetative coverage within three years.

General permit means the state "General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems," effective August 13, 2007.

Grading means excavating or filling with material to level uneven land.

Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit discharge means any direct or indirect nonstormwater discharge to the stormwater system, except as exempted in this code.

Impervious surface means an area composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious area shall include, but is not limited to, roofs, decks, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces.

Infiltration means the process of percolating stormwater into the subsoil.

Land disturbance activity means any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.

Landowner means the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

Maximum extent practicable means implementing, continuously evaluating, and making corresponding changes to a variety of technically and economically feasible BMPs that ensure the most appropriate controls are implemented in the most effective manner.

Municipal separate storm sewer system or MS₄ means a separate storm sewer system owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over the disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization.

New development means any construction activity on unimproved premises.

Nonpoint source pollution means pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, construction, subsurface disposal and urban runoff sources.

Nonstormwater discharge means any discharge to the stormwater system that is not composed entirely of stormwater.

Notice of intent or NOI shall mean a notice of intent that is required by the TPDES General Permit No. TXR050000, the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge stormwater associated with industrial or construction activity that is issued by the EPA or TCEQ.

Notice of termination or NOT shall mean the notice of termination that is required by the TPDES General Permit No. TXR050000, the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge stormwater associated with industrial or construction activity that is issued by the EPA or TCEQ.

NOV means written notice of violation.

NPDES means the National Pollutant Discharge Elimination System.

Perimeter control means a barrier that prevents sediment from leaving a site either by filtering sediment-laden runoff, or diverting it to a sediment trap or basin.

Permittee means permit holding authority or responsible party.

Pollutant. Dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into any surface water in the state. The term "pollutant" does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland, pastureland, and farmland. For the purpose of this permit, the term "pollutant" includes sediment.

Post-construction stormwater management plan means BMPs and stormwater management facilities employed by a new development or redevelopment to meet the stormwater standards of the city's subdivision, site plan, or other zoning, planning or other land use ordinances and approved by the director.

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Qualified post-construction stormwater inspector means a person who conducts post-construction inspections of stormwater management facilities and meets the following qualifications:

(1) The inspector shall not have any ownership of financial interests in the property being inspected nor be an employee or partner of any entity having an ownership or financial interest in the property; and

(2) The inspector shall also meet the following or similar criteria as approved by the director, who shall maintain a list of approved qualified post-construction stormwater inspectors:

a. Have a college degree in environmental science, civil engineering, or comparable expertise;

b. Have a demonstrated practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for stormwater management facilities;

c. Have the ability to determine if stormwater facilities are performing as intended; and

d. Have received appropriate training acceptable to the TCEQ.

Receiving water means a body of water such as a bayou, stream, river, lake, bay or ocean, which receives stormwater and/or wastewater.

Redevelopment means construction activity on premises already improved with buildings, structures or activities or uses, but does not include such activities as exterior remodeling of structures.

Residential property means real estate on which is located a single family living unit. The term expressly excludes:

(1) Real estate improved with two or more single-family living units;

(2) A multifamily complex;

(3) A mobile home or manufactured home park;

(4) A recreational vehicle park; and

(5) Real estate used primarily for commercial purposes.

Responsible party means a business entity, franchised utility company, developer, property owner, contractor, or holder of a city building permit or stormwater permit.

Routine maintenance means activities performed to maintain the original line and grade, hydraulic capacity, and original purpose of land or improvements thereon.

Sediment control means measures that prevent eroded sediment from leaving the site.

Single-family living unit means a unified combination of rooms that is designed for residential use by one family and that contains kitchen and bathroom facilities.

Single-family living unit equivalent means the impervious surface area of a nonresidential property which corresponds to the impervious surface area of a residential property, which for purposes of this article is 1,979 square feet. Any partial single-family living unit equivalent is counted as one.

Stabilization means the use of practices that prevent exposed soil from eroding.

Stop work order means an order issued which requires that all construction activity on a site be stopped.

Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

Stormwater conveyance system means any part of the city's system of conveyances, including roads with drainage systems, streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which is designed or used for collecting or conveying stormwater.

Stormwater management means the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

Stormwater management facilities means any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures that are part of the post-construction stormwater management plan for a new development or redevelopment.

Stormwater permit means a permit issued by the city for construction activity to ensure the control of erosion, runoff and grading.

Stormwater pollution prevention plan or SWPPP or SWP₃ means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

Stormwater (or stormwater runoff). Rainfall runoff, snow melt runoff, and surface runoff and drainage.

Stormwater system means the system or network of storm and surface water management facilities managed and maintained by the city including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basin, infiltration facilities and other components as well as all natural waterways.

SWQMP means stormwater quality management plan.

TCEQ means the Texas Commission on Environmental Quality or such successor agency.

TPDES means the Texas Pollutant Discharge Elimination System.

Urbanized area or UA means the areas of the state so defined by the latest decennial census by the Federal Bureau of the Census.

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

Watercourse means any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water which are delineated by the city.

Waterway means a channel that directs surface runoff to a watercourse, or to the public storm drain system.

Wholly sufficient and privately owned drainage system means land owned and operated by a person other than the city's drainage utility system and which does not discharge into a creek, river, slough, culvert, or other channel that is part of a city's drainage utility system.

(Ord. No. 11,127, § 3, 6-11-09; Ord. No. 11,463, § 1, 10-14-10)

The city hereby creates and establishes a municipal drainage utility system to fund requirements of the U.S. Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES), Phase II Rules, which are designed to mitigate pollution arising from nonpoint source stormwater runoff. These rules are a result of the United States Clean Water Act of 1972 and its 1987 Amendments. Secondarily, the city hereby adopts the Municipal Drainage Utility Systems Act and establishes and declares the drainage of the city to be a public utility to fund projects that will mitigate surface water overflows, surface water stagnation and wet weather sanitary sewer wastewater overflows.

(Ord. No. 9664, § 2, 11-13-03)

The administration of the municipal drainage utility system of the city shall be by the director of health under the direction of the city manager.

(Ord. No. 9664, § 2, 11-13-03)

(a) Fee. The following schedule of drainage charges is hereby levied against all real property lying within the city:

(1) Residential property.

_____

(2) Nonresidential property.

_____

(b) Exemptions. The following are exempt from the payment of the municipal drainage utility system charges:

(1) A state agency, a public institution of higher education, and the city;

(2) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system;

(3) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; and

(4) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city.

The determination of whether a person or property is exempt from this article shall be made by the director of health.

(c) Billings and collection. All billings, credits, rules and other procedures relating to this charge shall be subject to the provisions of V.T.C.A., Local Government Code, § 402.041 et seq., and shall specifically include the following:

(1) There shall be a charge on each monthly utility statement for the municipal drainage utility system pursuant to this article and as authorized herein. The director of health is authorized to collect such charges in a manner consistent with state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge.

(2) Except as otherwise provided herein, billing, charges, penalties and collection procedures shall be consistent with that of the water and sewer services. Water and/or sewer services may be disconnected for failure to pay any or all of the drainage system utility charges.

(3) The director may, from time to time, adopt rules for the administration of the drainage charge.

(d) Appeals.

(1) The following matters may be appealed to the construction board of adjustments and appeals:

a. Residential property billing can be appealed when the owner can offer proof that the property is unimproved and therefore not subject to the municipal drainage utility fee.

b. Nonresidential property billing can be appealed when the owner can offer proof that an error was made with regard to the category of land development, that the land is unimproved, or the amount of imperviousness of the land development.

The construction board of adjustments and appeals shall render a written decision on such appeals within a reasonable period of time after receiving a written notice of appeal from the landowner.

(2) Decisions to terminate any customer's water and/or sewer service may be appealed in accordance with subsection 98-62(i)(5).

(e) Remedies. Violations of this article, including failure to pay, are declared to be civil in nature, which may be enjoined by civil proceedings in state court, remedied as allowed by Subchapter C of Chapter 402 of V.T.C.A., Local Government Code, including termination of water and/or wastewater services in accordance with subsection 98-62(i) of this Code.

(Ord. No. 9671, § 1, 11-13-03; Ord. No. 9905, § 1, 10-14-04; Ord. No. 11,127, § 5, 6-11-09; Ord. No. 11,647, § 1, 5-26-11; Ord. No. 12,986, § 6, 10-8-15; Ord. No. 13,437, § 1, 4-13-17; Ord. No. 14,879, § 1, 10-14-21)

The city council will, by ordinance, adopt rules for the operation and conduct of the Baytown municipal drainage utility system, consistent with its authority and state law.

(Ord. No. 9664, § 2, 11-13-03)

(a) The director of health is directed to prepare the information needed to apply for and to apply to the appropriate regulatory body for a NPDES, phase II permit for the city's municipal separate storm sewer permit. The director of health is directed to develop, implement, and enforce a program that reduces discharges of stormwater pollutants and protects water quality to the maximum extent practicable by adoption of the following six minimum control measures:

(1) A public education and outreach program;

(2) A public involvement and participation program;

(3) An illicit discharge detection and elimination program;

(4) Regulation and control of public and private construction site stormwater runoff quality;

(5) Regulation and control of public and private post-construction stormwater runoff quality; and

(6) Pollution prevention and good housekeeping for all municipal operations.

(b) The director of health is directed to prepare an evaluation and assessment of the effectiveness of the program on an annual basis, and to provide the report to the city council and to the municipal separate storm sewer permitting authority.

(Ord. No. 9664, § 2, 11-13-03)

To meet the requirements for a NPDES, phase II, municipal separate storm sewer system permit, a series of best management practices to improve stormwater quality will be required. The director of health is directed to prepare these best management practices for adoption by the city council.

(Ord. No. 9664, § 2, 11-13-03)

(a) Purpose. The purpose of this subdivision is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of nonstormwater discharges to the stormwater system to the maximum extent practicable as required by federal and state law. This subdivision establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system in order to comply with requirements of the TPDES permit process. The objectives of this subdivision are:

(1) To regulate the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user;

(2) To prohibit illicit connections and illicit discharges to the municipal separate storm sewer system; and

(3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this subdivision.

(b) Applicability. This subdivision shall apply to all water entering the stormwater system generated on any developed and undeveloped lands within the corporate limits of the city.

(Ord. No. 11,463, § 2, 10-14-10)

(a) The director shall administer, implement, and enforce the provisions of this subdivision.

(b) The standards set forth herein and promulgated pursuant to this subdivision are minimum standards; therefore this subdivision does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

(Ord. No. 11,463, § 2, 10-14-10)

(a) Prohibition of illicit discharges.

(1) No person shall discharge or cause to be discharged into the city's stormwater system or watercourses any materials including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

(2) Specific prohibitions and requirements. The specific prohibitions and requirements contained in this subsection (2) are not and shall not be construed as being all-inclusive of the discharges prohibited in subsection (1).

a. No person shall introduce or cause to be introduced into the MS4 any discharge that causes or contributes to causing the city to violate water quality standard, the city's TPDES permit, or any state-issued discharge permit for discharges from its MS4.

b. No person shall dump, spill, leak, pump, pour, emit, empty, discharge, and leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any of the following substances into the MS4:

1. Any used motor oil, antifreeze, or any other motor vehicle fluid;

2. Any industrial waste;

3. Any hazardous waste, including hazardous household waste;

4. Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste;

5. Any garbage, rubbish, or yard waste;

6. Any wastewater from a commercial carwash facility; from any vehicle washing, cleaning, or maintenance at any new or used automobile or other vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus, or heavy equipment, by a business or public entity that operates more than two such vehicles;

7. Any wastewater from the washing, cleaning, de-icing, or other maintenance of aircraft;

8. Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains any soap, detergent, degreaser, solvent, or any other harmful cleaning substance;

9. Any wastewater from commercial floor, rug, or carpet cleaning;

10. Any wastewater from the wash down or other cleaning of pavement that contains any harmful quantity of soap, detergent, solvent, degreaser, emulsifier, dispersant, or any other harmful cleaning substance; or any wastewater from the wash down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all harmful quantities of such released materials have been previously removed;

11. Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emissions filter, or the blow down from a boiler;

12. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or hydro-mulch material, or material from the cleaning of vehicles or equipment containing, or used in transporting or applying, such material;

13. Any runoff or wash down water from any animal pen, kennel, or fowl or livestock containment area;

14. Any filter backwash from a swimming pool, fountain, or spa;

15. Any swimming pool water containing total residual chlorine (TRC) of 1.0 mg/l or more or containing any harmful quantity of chlorine, muriatic acid or other chemical used in the treatment or disinfection of the swimming pool water or in pool cleaning;

16. Any discharge from water line disinfection by superchlorination or other means if the total residual chlorine (TRC) is at 1.0 mg/l or more or if it contains any harmful quantity of chlorine or any other chemical used in line disinfection;

17. Any fire protection water containing oil or hazardous substances or materials unless treatment adequate to remove pollutants occurs prior to discharge;

18. Any water from a water curtain in a spray room used for painting vehicles or equipment;

19. Any contaminated runoff from a vehicle salvage yard;

20. Any substance or material that will damage, block, or clog the MS4;

21. Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by a leaking PST, or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge satisfies all of the following criteria:

i. Compliance with all state and federal standards and requirements;

ii. No discharge containing a harmful quantity of any pollutant; and

iii. No discharge containing more than 50 parts per billion of benzene; 500 parts per billion combined total quantities of benzene, toluene, ethyl benzene, and xylene (BTEX); or 15 mg/l of total petroleum hydrocarbons (TPH).

22. Any harmful quantity of sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities, or associated with land filling or other placement or disposal of soil, rock, or other earth materials, in excess of what could be retained on site or captured by employing sediment and erosion control measures to the maximum extent practicable;

23. Any sanitary sewage, domestic or industrial;

24. Any pavement wash water from a service station to be discharged into the MS4 unless such wash water has passed through a properly functioning and maintained, grease, oil, and sand interceptor before discharge into the MS4; and

25. No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4, or allow such a connection to continue.

(3) Exceptions. The commencement, conduct or continuance of any illicit discharge to the stormwater system is prohibited, except as described as follows:

a. Water line flushing or flushing of other potable water sources;

b. Landscape irrigation or lawn watering;

c. Diverted stream flows;

d. Rising groundwater and springs;

e. Uncontaminated groundwater infiltration;

f. Uncontaminated pumped groundwater;

g. Foundation or footing drains (not including active groundwater dewatering systems);

h. Crawl space pumps;

i. Air conditioning condensate;

j. Individual residential vehicle washing;

k. Natural riparian habitat or wetland flows;

l. Pavement and exterior building wash water conducted without the use of detergents or other chemicals;

m. Swimming pools (if dechlorinated—Typically less than one parts per million (PPM) chlorine);

n. Firefighting activities;

o. Motor vehicles fluids resulting from auto accidents;

p. Any other water source not containing pollutants;

q. Discharges specified in writing by the director as being necessary to protect public health and safety;

r. Dye testing only if a verbal notification to the director prior to the time of the test; or

s. Any nonstormwater discharge permitted under an NPDES or TPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA or TCEQ, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the stormwater system.

(b) Prohibition of illicit connections.

(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

(2) The prohibition contained in this subsection expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person is considered to be in violation of this subsection if the person connects a line conveying sanitary sewage to the MS4, or allows such a connection to continue.

(Ord. No. 11,463, § 2, 10-14-10)

(a) Suspension due to illicit discharges in emergency situations. The director may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the director may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.

(b) Suspension due to the detection of illicit discharge. Any person discharging to the MS4 in violation of this subdivision may have his MS4 access terminated if such termination would abate or reduce an illicit discharge. The director will notify a violator of the proposed termination of its MS4 access. The violator may petition the director for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the director.

(Ord. No. 11,463, § 2, 10-14-10)

(a) Any person subject to an industrial or construction activity NPDES or TPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the director prior to allowing discharges to the MS4.

(b) A person commits an offense if the person fails to comply with any requirements set forth in the NPDES or TPDES permit as applicable to the facility or activity.

(Ord. No. 11,463, § 2, 10-14-10)

(a) The operator of a facility, including construction sites, required to have a NPDES or TPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the notice of intent to the director at the same time the operator submits the original notice of intent to the EPA or the TCEQ as applicable.

(b) The copy of the notice of intent shall be delivered to the director either in person or by mail.

(c) A person commits an offense if the person operates a facility that is discharging stormwater associated with industrial or construction activity without having submitted a copy of the notice of intent to do so to the director.

(Ord. No. 11,463, § 2, 10-14-10)

(a) Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity.

(b) Access to facilities.

(1) The director shall be permitted to enter and inspect facilities subject to regulation under this subdivision as often as may be necessary to determine compliance with this subdivision. If a facility has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the director.

(2) Facility operators shall allow the director ready access to all parts of the premises for the purposes of inspecting, sampling, examining and copying of records that must be kept under the conditions of an NPDES or TPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.

(3) The director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the facility's stormwater discharge.

(4) The director has the right to require the facility to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the director and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) A person who is the operator of a facility with an NPDES or TPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the director reasonable access to the permitted facility for conducting any activity authorized or required by this subdivision.

(7) If the director has been refused access to any part of the premises from which stormwater is discharged, and director is able to demonstrate probable cause to believe that there may be a violation of this subdivision, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this subdivision or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 11,463, § 2, 10-14-10)

The city will review proposed best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the stormwater system, or waters of the United States. The owner or operator of a commercial or industrial establishment shall provide, at his own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES or TPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan as necessary for compliance with requirements of the NPDES and/or TPDES permit.

(Ord. No. 11,463, § 2, 10-14-10)

Every landowner or person responsible for maintaining an easement through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. No. 11,463, § 2, 10-14-10)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the stormwater system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the director in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the director within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 11,463, § 2, 10-14-10)

(a) Notice of violation. Whenever the director finds that a person has violated a prohibition or failed to meet a requirement of this subdivision, the director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(1) The performance of monitoring, analyses, and reporting;

(2) The elimination of illicit connections or discharges;

(3) That violating discharges, practices, or operations cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) Payment of a fine to cover administrative and remediation costs; and

(6) The implementation of source control or treatment BMPs.

If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(b) Appeal.

(1) Any person receiving a notice of violation as described in subsection (a) of this section may appeal the director's decision to the city manager within seven days from the date of the notice of violation. The notice of appeal shall be in writing, addressed to the city manager and filed with the director and shall set forth in detail the basis of appeal.

(2) The burden of proof shall be upon the appellant to demonstrate that the notice of violation was issued in error or was not made in accordance with this article or applicable state law.

(3) The decision of the city manager shall be final.

(c) Enforcement measures after appeal.

(1) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city manager upholding the decision, then the director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the director or designated contractor to enter upon the premises for the purposes set forth in this subsection.

(2) The owner of such premises will be charged the city's actual cost to abate the violation and/or restore the property, plus an administrative charge of $100.00.

(3) Until all such charges as described in this subsection are paid, the property shall be subject to a lien in favor of the city. The lien shall be superior to all other levies except tax liens and liens for street improvement and shall accrue interest at the rate of ten percent per annum.

(Ord. No. 11,463, § 2, 10-14-10)

(a) During the construction process, soil becomes the most vulnerable to erosion by wind and water. This eroded soil endangers water resources by reducing water quality, and silting the aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches, and the dredging of waterways. In addition, clearing and grading during construction causes the loss of native vegetation necessary for terrestrial and aquatic habitat.

(b) As a result, the purpose of the local regulations contained in this subdivision is to safeguard persons, protect property, prevent damage to the environment, protect water quality and promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other land disturbing activity which disturbs or breaks the topsoil or results in the movement of earth or land in the city and to provide a healthy living environment for citizens of the City of Baytown.

(Ord. No. 11,127, § 6, 6-11-09)

This subdivision applies to all premises that have stormwater discharges associated with construction activity. Construction activities disturbing less than one acre that are not part of a larger common plan of development are not required to submit an NOI or other documentation to the state, but must submit a limited SWPPP to the city as designated under this division. Construction site operators for sites where less than one acre is disturbed must also apply for a stormwater permit and prevent any pollutants from leaving their site and entering into the city's municipal separate storm sewer system (MS ₄ ) or waters of the United States.

(Ord. No. 11,127, § 6, 6-11-09)

The standards set forth herein and promulgated pursuant to this division are minimum standards; therefore compliance with this division will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

(Ord. No. 11,127, § 6, 6-11-09)

(a) The responsible party that is required to have a NPDES or TPDES permit to discharge stormwater associated with construction activity shall prepare its SWPPP in compliance with the construction regulations and shall strictly comply with the requirements of its NPDES or TPDES permit, the stormwater permit issued under this division and its SWPPP.

(b) No responsible party shall be granted a stormwater permit for construction activity which would disturb one acre or more without the approval of a stormwater pollution prevention plan by the director.

(c) A city stormwater permit is not required for the following activities:

(1) Any emergency activity which is immediately necessary for the protection of life, property or natural resources; or

(2) Existing nursery and agricultural operations conducted as a permitted main or accessory use.

(d) Each stormwater permit application shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the stormwater pollution prevention plan, and that a construction site operator shall be on site on all days where such activity takes place.

(e) It is a violation of this division to operate a facility:

(1) That has stormwater discharges associated with construction activity without an NPDES or TPDES permit and a city stormwater permit for stormwater discharges, or

(2) In violation of the NPDES or TPDES permit, or the stormwater permit covering the facility, or the SWPPP.

(Ord. No. 11,127, § 6, 6-11-09)

The responsible party for all construction sites within the city shall make application for a stormwater permit in writing on an application form provided for that purpose. On the application, the responsible party shall provide the following information:

(1) For all construction sites where the responsible party is required to have a NPDES or TPDES permit to discharge stormwater associated with construction (disturbing one acre or more), the responsible party shall not commence construction activity without first submitting an NOI or CSN to the EPA or the TCEQ, as appropriate, and applying for a city stormwater permit by submitting the following documents to the director:

a. A copy of the NOI or CSN submitted to the EPA or the TCEQ;

b. A certification that the NOI has been submitted to the EPA or the TCEQ as applicable; and

c. A copy of the stormwater pollution prevention plan describing and ensuring the implementation of practices that will be used to reduce the pollutants in stormwater discharges associated with construction activity at the construction site, including a site plan detailing the location of erosion and sediment control measures.

(2) For all construction sites that are not required to obtain TPDES coverage (less than one acre), the responsible party shall not commence construction activity without first submitting a limited SWP3 to the stormwater coordinator at the time of application for a building permit containing the following:

a. A statement of erosion and sediment controls to be used at the construction site, and

b. A statement of pollution prevention practices to be used at the construction site.

(Ord. No. 11,127, § 6, 6-11-09; Ord. No. 12,383, § 1, 10-24-13)

Each stormwater permit application will be reviewed by the director to ensure:

(1) All documents listed in section 98-554 are included in the permit application;

(2) The stormwater pollution prevention plan includes the following:

a. A written SWP ₃ report that provides the project description, the selected erosion and sediment controls, a plan for maintenance of controls, inspection procedures and reporting, any nonstormwater discharges associated with the site, and copies of all tables and forms. These sections must comply with the Application Review SWP ₃ Checklist provided by the city.

b. A set of SWP ₃ civil drawings indicating the following:

1. Perimeter controls;

2. Inlet protection (IPB);

3. Stabilized entry/exit (SCE);

4. Concrete wash out areas (CWO);

5. Areas where street sweeping will be conducted daily (STC);

6. An indication of how stabilization will be achieved for areas that will not be paved - usually those in the landscaping plan and also the detention pond - the pond should be stabilized upon completion of the pond - not after the whole project is done or erosion will occur from the pond itself; and

7. The following notes shall be included on the drawing:

a) All subcontractors will be educated to follow stormwater pollution prevention requirements;

b) Structural BMPs will be inspected and maintained at least every 14 days and after any precipitation or runoff event that causes surface erosion, sediment transport or vehicular tracking;

c) Scraping and sweeping of streets, sidewalks and flowlines must be conducted at the end of each work day when dirt and other construction material has been tracked onto streets;

d) Earth materials and landscape materials such as sod, rock and mulch shall not be stockpiled, placed or stored on driveways, streets, sidewalks or in stormwater flowlines;

e) Construction supplies (e.g., trusses and lumber), roll off containers, dumpsters, portable toilets, trailers, etc., shall not be stored on streets or sidewalks or other impervious surfaces. These items shall be stored on the construction site or staging areas; and

f) Sanitary facilities shall be located on natural ground and at least 25 feet from any storm sewer inlet or water body and shall be serviced regularly as needed.

(Ord. No. 11,127, § 6, 6-11-09)

A responsible party who has applied for a city stormwater permit must submit a certification that the responsible party has submitted an NOT to the EPA or TCEQ by submitting a copy of that NOT to the director at the same time the responsible party submits the NOT to the EPA or the TCEQ as applicable.

(Ord. No. 11,127, § 6, 6-11-09)

The director will review each stormwater permit application to determine its conformance with the provisions of this division. Thereafter, the director shall, in writing:

(1) Issue the permit;

(2) Issue the permit subject to such reasonable conditions as may be necessary to secure substantially the objectives of this subdivision and the construction regulations, and issue the approval subject to these conditions; or

(3) Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

(Ord. No. 11,127, § 6, 6-11-09)

Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the construction regulations, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the director.

(Ord. No. 11,127, § 6, 6-11-09)

(a) Major amendments of the stormwater pollution prevention plan shall be submitted to the director and shall be processed and approved, or disapproved, in the same manner as the original plans.

(b) Field modifications of a minor nature may be authorized by the director by written authorization to the permittee.

(Ord. No. 11,127, § 6, 6-11-09)

(a) Clearing and grading activities, shall not be permitted, except when in compliance with all provisions of this division.

(b) Clearing techniques that retain natural vegetation and retain natural drainage patterns, as described in the construction regulations shall be used to the satisfaction of the director.

(Ord. No. 11,127, § 6, 6-11-09)

(a) The director shall make periodic, unannounced inspections of the site during construction and shall either approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the stormwater pollution prevention plan as approved. Compliance with the provisions of the SWPPP will be checked on every visit, including the following items:

(1) Proper public notice;

(2) Copies of NOI, stormwater permit, SWPPP, and, if applicable, a SWQMP onsite;

(3) Condition and effectiveness of erosion and sediment control devices;

(4) Condition of entrance so as to reduce vehicle tracking;

(5) Inspection and maintenance records;

(6) Proper fueling and/or washout area construction;

(7) Sanitary facilities; and

(8) Proper storage of materials, including hazardous materials and end of workday containment of trash, construction debris, and work materials.

Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the city shall be maintained at the site during the progress of the work.

(b) The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved stormwater pollution prevention plan(s). The purpose of such inspections will be to determine the overall effectiveness of the plan, and the need for additional control measures. All inspections shall be documented in written form and submitted to the director at the time interval specified in the approved permit.

A notice of inspection will be issued to the responsible party. If deficiencies are noted, they must be corrected within 72 hours of receiving a notice. Upon re-inspection, if the deficiencies have not been corrected from the first inspection or additional deficiencies are identified, the director will undertake enforcement procedures as specified in section 98-564.

(Ord. No. 11,127, § 6, 6-11-09)

Written notice of violation shall occur in cases where the violator has knowledge of the applicable discharge prohibitions, and has not been abated within 72 hours after receiving an inspection notice. A written notice of violation shall explain the nature of the code violation and a time frame for remedy. Copies of the violation shall be:

(1) posted onsite or left onsite with the site control manager;

(2) sent via certified mailed to the property owner and permittee or responsible party; and

(3) placed in the director's administrative file.

(Ord. No. 11,127, § 6, 6-11-09)

(a) Failure to comply with any provision of this division shall be grounds for the revocation of or the refusal to issue or renew any permit required in this division.

(b) Any person violating any section of this division shall, upon conviction, be fined as provided in section 1-14.

(c) If any person violates any section dealing with stormwater discharges associated with construction activity, and does not, after notice, implement and maintain stormwater pollution prevention best management practices in conformance with this division, the director may take whatever action is necessary to remedy the violation, including, but not limited to, withholding permits, stopping work, injunctive relief, abatement, and other civil and criminal remedies.

(d) The remedies and enforcement powers set forth in this section shall not be considered exclusive remedies, but rather shall be cumulative with all other remedies provided in this division, in any other ordinance, or by law.

(Ord. No. 11,127, § 6, 6-11-09)

(a) If necessary to assure compliance with the permit requirements, standards, or other provisions of this division, or to protect public health, safety and welfare, the director may issue a stop work order for the purpose of preventing or minimizing accelerated soil erosion, polluted stormwater runoff, or other conditions posing imminent and substantial danger to public health, safety, welfare, or natural resources.

(b) The stop work order shall be narrowly focused on stopping the specific discharge activity that constitutes the violation. No work other than actions necessary to remediate the violation shall occur on-site until the stop work order is lifted by the director. The stop work order may contain conditions in order for the same to be lifted.

(c) The stop work order, when issued, shall require all specified construction activities to be stopped. A copy of the stop work order shall immediately be submitted to other state and local agencies with regulatory jurisdiction pertaining to stormwater management.

(d) If the director determines that pollution of the waters of this state have or will reasonably occur from a premises in violation of this division, the director may seek to enforce the division by notifying the person who owns the land, by mail, with return receipt requested, of his determination. The notice shall contain a description of specific stormwater pollution prevention best management practices which, if implemented by the property owner, would bring the owner into compliance.

(e) A person, who owns the premises subject to this division, shall implement and maintain stormwater pollution prevention best management practices in conformance with this division within ten days after the issuance of a stop work order.

(Ord. No. 11,127, § 6, 6-11-09)

(a) Any person who received a notice of violation may appeal the director's decision to the city manager within two working days from the date of the notice of violation. The notice of appeal shall be in writing addressed to the city manager and filed with the director and shall set forth in detail the basis of the appeal.

(b) The burden of proof shall be upon the appellant to demonstrate that the notice of violation was issued in error or was not made in accordance with this article or applicable state law.

(c) The decision of the city manager shall be final.

(Ord. No. 11,127, § 6, 6-11-09)

(a) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city manager upholding the decision, then the director shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the director or designated contractor to enter upon the premises for the purposes set forth in this section. The owner of such premises will be charged the city's actual costs to abate the violation and/or restore the property, plus an administrative charge of $100.00.

(b) Until all such charges as described in subsection (a) of this section are paid, the property shall be subject to a lien in favor of the city. The lien shall be superior to all other levies except tax liens and liens for street improvement and shall accrue interest at the rate of ten percent per annum.

(Ord. No. 11,127, § 6, 6-11-09)

The purpose of this subdivision is to provide for the health, safety, and general welfare of the citizens of the city through monitoring and enforcement of compliance with post-construction stormwater management plans in order to comply with minimum control measures requirements of regulations found in the federal Clean Water Act, and the state's MS4 permit. This subdivision establishes minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the city. This subdivision seeks to meet these purposes through the following objectives:

(1) Minimize increases in stormwater runoff from any development in order to reduce flooding, silting, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;

(2) Minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality;

(3) Minimize the total annual volume of surface water runoff which flows from any specific site during and following development to not exceed the pre-development hydrologic regime to the maximum extent practicable; and

(4) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

(Ord. No. 11,463, § 3, 10-14-10)

(a) This subdivision applies to all new development and redevelopment within the corporate limits of the city and to associated stormwater management facilities.

(b) This subdivision does not apply to new development or redevelopment that has received approval of its post-construction stormwater management plan and stormwater management facilities; said development shall not require additional review under this subdivision, but shall comply with the post-construction stormwater management plan requirements for that approved development.

(Ord. No. 11,463, § 3, 10-14-10)

Stormwater treatment practices must be designed and constructed in accordance with design and sizing criteria minimum standards set forth in section 126-675 of this Code.

(Ord. No. 11,463, § 3, 10-14-10)

Notwithstanding any provision in this Code to the contrary, no applicant for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development or redevelopment to which this subdivision is applicable shall receive such permit or approval unless the applicant has obtained a stormwater quality permit.

(Ord. No. 11,463, § 3, 10-14-10)

At the time of application for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development or redevelopment to which the subdivision is applicable, the applicant shall notify the director if its post-construction stormwater management plan includes any BMP(s) that will discharge to the city's MS4 and shall include in this notification a listing of which BMP(s) will so discharge.

(Ord. No. 11,463, § 3, 10-14-10)

No application for development will be approved unless it includes a stormwater management plan detailing in concept how runoff and associated water quality impacts resulting from the development will be controlled or managed. This plan must be prepared by an individual approved by the director and must indicate whether stormwater will be managed onsite or off-site and, if onsite, the general location and type of practices. The stormwater management plan(s) shall be referred for comment to all other interested agencies, and any comments must be addressed in a final stormwater management plan. This final plan must be signed by a licensed professional engineer, who will verify that the design of all stormwater management practices meet the submittal requirements outlined in the submittal checklist found on a form created for this purpose by the director. No building, grading, or sediment control permit shall be issued until a satisfactory final stormwater management plan, or a waiver thereof, shall have undergone a review and been approved by the director after determining that the plan or waiver is consistent with the requirements of this subdivision.

(Ord. No. 11,463, § 3, 10-14-10)

Any person owning, operating, leasing or having control over stormwater management facilities required by a post-construction stormwater management plan approved under the city's subdivision, site plan or other zoning, planning or other land use ordinances shall demonstrate compliance with that plan as follows:

(1) That person or a qualified post-construction stormwater inspector hired by that person shall, at least annually, inspect the stormwater management facilities, including but not limited to any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures, in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved post-construction stormwater management plan;

(2) If the stormwater management facilities require maintenance to function as intended by the approved post-construction stormwater management plan, that person shall take corrective action(s) to address the deficiency or deficiencies;

(3) That person or qualified post-construction stormwater inspector hired by that person shall, on or by June 13 of each year, provide a completed and signed certification to the director in a form created for this purpose, certifying that the person has inspected the stormwater management facilities and that they are adequately maintained and functioning as intended by the approved post-construction stormwater management plan, or that they require maintenance or repair, describing any required maintenance and any deficiencies found during inspection of the stormwater management facilities; and

(4) If the stormwater management facilities require maintenance or repair of deficiencies in order to function as intended by the approved post-construction stormwater management plan, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken.

(Ord. No. 11,463, § 3, 10-14-10)

Unless specifically excluded by this subdivision, any land owner or operator desiring a permit for a land disturbance activity shall submit to the director a permit application on a form provided for that purpose. The application shall be in affidavit form signed by the land owner or operator and shall include:

(1) The name, address, phone number and other contact information as the director may require of the owner and operator;

(2) Property description or property address for which the permit is sought;

(3) Proposed BMPs and structural controls;

(4) Such other information as may be required by the director.

(Ord. No. 11,463, § 3, 10-14-10)

(a) Every applicant shall provide for stormwater management as required by this subdivision, unless a variance is granted by the director pursuant to this section.

(b) Requests to vary the stormwater management plan requirements shall be submitted to the director in writing for review and approval if appropriate.

(c) The director may vary the minimum requirements for stormwater management after receipt of a request therefor if the director finds that:

(1) Acceptable mitigation measures are provided;

(2) At least one of the following conditions applies:

a. It can be demonstrated that the proposed development is not creating additional impervious surface area;

b. Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the director and the implementation of the plan is required; or

c. Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by onsite practices and there is a legally obligated entity responsible for longterm operation and maintenance of the stormwater practice.

(3) The variance will not result in the following impacts to downstream waterways:

a. Deterioration of existing culverts, bridges, and other structures;

b. Degradation of biological functions or habitat;

c. Accelerated stream bank or streambed erosion or silting; and

d. Increased threat of flood damage to public health, life, property.

(Ord. No. 11,463, § 3, 10-14-10)

In order to determine compliance with this subdivision and with the post-construction stormwater management plan, the director may enter upon property at reasonable hours with the consent of the owner, occupant or agent to inspect the stormwater management facilities.

(Ord. No. 11,463, § 3, 10-14-10)

(a) Any person who violates any provision of or to fail to comply with any of the requirements of this subdivision or of the post-construction stormwater management plan shall:

(1) Be guilty, upon conviction, of a separate offense for each day or portion of a day during which the violation continues, which shall be punishable as provided in section 1-14.

(2) Be subject to penalties and orders for injunctive relief and shall be responsible for the city's attorney's fees and costs.

(3) Be subject to all fines, penalties, damages and costs, including, but not limited to, attorneys' fees and costs, incurred by the city for violation of federal and state environmental laws and regulations caused by or related to that person's violation of this subdivision or of the post-construction stormwater management plan.

(b) The city shall have such other remedies as are and as may be from time to time provided by law for the violation of regulations.

(c) The city may, with the approval of the director, enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this subdivision or of the post-construction stormwater management plan for the purposes of eliminating violations of this subdivision or of the post-construction stormwater management plan and of recovering fines, costs and fees without court action.

(d) The remedies and enforcement powers set forth in this section shall not be considered exclusive remedies, but rather shall be cumulative with all other remedies provided in this division, in any other ordinance, or by law.

(Ord. No. 11,463, § 3, 10-14-10)

(a) Notice of violation. Whenever the director believes that a person has violated this subdivision or the post-construction stormwater management plan, the director may order compliance with this subdivision or with the post-construction stormwater management plan by written notice of violation to that person indicating the nature of the violation and ordering the action necessary to correct it, including, without limitation:

(1) The abatement of violations, and the cessation of practices, or operations in violation of this subdivision or of the post-construction stormwater management plan;

(2) At that person's expense, compliance with BMPs required as a condition of approval of the new development or redevelopment, the repair of stormwater management facilities and/or the restoration of any affected property; and/or

(3) The payment of fines, of the city's remediation costs and of the city's reasonable administrative costs and attorneys' fees and costs.

If abatement of a violation, compliance with BMPs, repair of stormwater management facilities and/or restoration of affected property are required, the notice shall set forth a deadline within which such abatement, compliance, repair and/or restoration must be completed.

(b) Appeal.

(1) Any person receiving a notice of violation as described in subsection (a) of this section may appeal the director's decision to the city manager within ten days from the date of the notice of violation. The notice of appeal shall be in writing, addressed to the city manager and filed with the director and shall forth in detail the basis of appeal.

(2) The burden of proof shall be upon the appellant to demonstrate that the notice of violation was issued in error or was not made in accordance with this article or applicable state law.

(3) The decision of the city manager shall be final.

(c) Enforcement measures after appeal.

(1) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city manager upholding the decision, then the director may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the director or designated contractor to enter upon the premises for the purposes set forth in this subsection.

(2) The owner of such premises will be charged the city's actual cost to abate the violation and/or restore the property, plus an administrative charge of $100.00.

(3) Until all such charges as described in this subsection are paid, the property shall be subject to a lien in favor of the city. The lien shall be superior to all other levies except tax liens and liens for street improvement and shall accrue interest at the rate of ten percent per annum.

(Ord. No. 11,463, § 3, 10-14-10)

There is hereby adopted a policy and plan establishing the conditions under which a municipal utility district may be formed within the corporate limits of the city, which shall read as follows:

The following terms, conditions and standards establish the basis under which the city council may consent to the formation of a municipal utility district within the corporate limits of the city in writing.

(Ord. No. 10003, § 1, 2-10-05)

(a) The city's consent to the creation of a municipal utility district proposed to be formed within the corporate limits of the city under the Texas Water Code and the Texas Constitution Section 59, Article XVI, shall be evidenced by the adoption of a resolution.

(b) No resolution shall be adopted consenting to the creation of a municipal utility district until the city council finds that the proposed municipal utility district (1) will be an economically feasible and sound development benefiting the city, (2) will not adversely affect the existing city water, sewer and storm facilities or other city utilities or city functions, and (3) will not increase the city's taxes or utility rates or adversely impact the city's financing or bond rating, and that (4) all of the conditions imposed by this article have been agreed to by the majority in value of landowners within the proposed municipal utility district.

(Ord. No. 10003, § 1, 2-10-05)

The following conditions shall apply to every municipal utility district within the city:

(1) The municipal utility district may acquire property outside its boundaries with prior written consent of the city only for purposes of providing stormwater drainage and detention, potable water distribution, wastewater collection, and for other purposes permitted by law; provided that no land shall be annexed or added to the municipal utility district unless the city has given its written consent by resolution of the city council to such addition or annexation;

(2) The municipal utility district shall not provide services for, or acquire property to provide services for, any property outside its boundaries without the prior written consent of the city;

(3) The municipal utility district shall not allow use of easements or stormwater drainage facilities owned or controlled by the municipal utility district for any property or development outside its boundaries without the prior written consent of the city;

(4) The municipal utility district shall pay the actual costs incurred by the city for legal, engineering and financial advisory services in connection with the allocation agreement (hereinafter defined) and the adoption of a resolution consenting to creation of the municipal utility district;

(5) The facilities to be constructed by the municipal utility district shall be designed and constructed in compliance with all applicable requirements and criteria of the applicable regulatory agencies and subject to the applicable provisions of the city's resolution granting a petition for inclusion of certain territory in the municipal utility district (the "consent resolution");

(6) Prior to the sale or offer to sell any bonds of the municipal utility district, the terms and conditions in this subdivision and the consent resolution must be approved and ratified in an instrument executed by the governing body and officers of the municipal utility and such instrument must be delivered to the city attorney;

(7) The city shall not allow any connection to be made to the municipal utility district's wastewater system until, with respect to such connection:

a. The municipal utility district has issued an assignment of capacity specifying the number of gallons per day of water supply and wastewater treatment allocated for such connection, and has provided a copy thereof to the city manager;

b. The city has inspected the connection and premises and has issued a building permit for that connection; and

c. All buildings or structures served by connections shall be located entirely within the boundaries of a lot or parcel shown in a plan, plat or replat filed with and finally approved by the city and duly recorded in the official records of the county where the property is located (provided this limitation shall not apply if no plan, plat or replat is required by applicable state statutes or city ordinances);

(8) Unless and until the city shall dissolve the municipal utility district and assume the properties, assets, obligations and liabilities of the municipal utility district, the bonds of the municipal utility district, as to both principal and interest, shall be and remain obligations solely of the municipal utility district and shall never be deemed or construed to be obligations or indebtedness of the city;

(9) All contracts with third parties for construction of water, wastewater and stormwater facilities to serve the proposed municipal utility district will contain the following provisions:

a. A requirement that all plans and specifications for construction of improvements or modification of improvements which are to be built to serve the municipal utility district and/or require approval of the Texas Commission on Environmental Quality be prepared in accordance with the then adopted city specifications and requirements for such facilities and delivered to the city for approval prior to submission to the Texas Commission on Environmental Quality. All plans and specifications presented to the bidders shall be approved by the city in writing prior to advertising for bids;

b. A requirement that prior to the construction of such facilities within the municipal utility district's territory, written notice by registered or certified mail be given to the city, stating the date that such construction will commence;

c. An agreement that all construction or modification of improvements to serve the municipal utility district will be subject to periodic inspections by the city or its duly authorized agent and that no underground improvements will be backfilled prior to inspection and written approval by the city;

d. All contracts for construction of improvements will be awarded in compliance with the terms contained within public bidding statutes in Chapter 49 of the Texas Water Code;

If the municipal utility district is performing the services, the same terms and conditions as set forth herein shall be applicable to the municipal utility district.

(10) As the municipal utility district's facilities are acquired and constructed, the municipal utility district shall convey the same to the city, including all warranties relating to the facilities; provided, however, that the municipal utility district shall not convey, and the city shall not accept, stormwater detention systems;

(11) As acquisition and/or construction of each phase of the facilities is completed, representatives of the city shall inspect the same and, if the city finds that the same has been completed in accordance with the final plans and specifications, the city will accept the same, whereupon such portion of the facilities shall be operated and maintained by the city at its sole expense; provided, however, that the city shall not accept, or operate and maintain, stormwater detention systems; and further provided, however, that in the event that the facilities have not been completed in accordance with the final plans and specifications, the city will immediately advise the municipal utility district in what manner said facilities do not comply, and the municipal utility district shall immediately correct the same, whereupon the city shall again inspect the facilities and accept the same if the defects have been corrected;

(12) The city shall bill and collect from customers of the facilities and shall from time to time fix such rates and charges for such customers of the facilities as the city, in its sole discretion, determines are necessary; provided that the rates and charges for services afforded by the facilities will be equal and uniform to those charged other similar classifications of users in nonmunicipal utility district areas of the city; and all revenues from the facilities shall belong exclusively to the city without rebate of such revenues to the municipal utility district;

(13) The city may impose a charge for connection to the facilities at a rate to be determined from time to time by the city, provided the charge is equal to the sums charged other city users for comparable connections; and the connection charge shall belong exclusively to the city;

(14) The municipal utility district is authorized to assess, levy and collect ad valorem taxes upon all taxable properties within the municipal utility district to provide for (a) the payment in full of the municipal utility district's obligations, including principal, redemption premium, if any, and interest on the bonds to be issued by the municipal utility district and to establish and maintain any interest and sinking fund, debt service fund or reserve fund, (b) for administration, operation and maintenance purposes, all in accordance with applicable law and (c) to pay expenses of assessing and collecting the taxes. The city will levy and collect ad valorem taxes upon all taxable properties in the city, including the municipal utility district;

(15) Unless the municipal utility district is in default under the terms of its allocation agreement after reasonable opportunity to cure, the city shall not dissolve the municipal utility district until the water, wastewater and drainage utilities required to serve the municipal utility district have been completed and bonds issued by the municipal utility district to finance same; and the city shall afford the municipal utility district the opportunity to discharge any obligations of the municipal utility district pursuant to any existing agreements of the municipal utility district with third parties for construction of facilities, by either (a) authorizing the municipal utility district to sell its bonds before or during a transition period prior to the effective date of dissolution, as established by the city, (b) issuing bonds and selling bonds of the city pursuant to Vernon's Texas Codes Annotated, Local Government Code Section 43.080, as amended, in at least the amount necessary to discharge the municipal utility district's obligations, including those under any such agreements, or (c) providing written notice to the municipal utility district that the city has sufficient funds available from other sources to discharge the municipal utility district's obligations, including those under any such existing agreements with third parties. The city shall have the right to dissolve the municipal utility district if construction of water, wastewater or drainage utilities required to serve the municipal utility district does not begin within 36 months of execution of the allocation agreement;

(16) All city ordinances and codes, including applicable permits, fees and inspections, shall be of full force and effect within the boundaries of the municipal utility district in the same manner as with respect to other areas within the city's corporate limits, except as specifically herein provided otherwise;

(17) Unless otherwise agreed to by ordinance or resolution of the city:

a. No bonds or notes of the municipal utility district shall be issued or sold unless:

1. For issuances subject to review and approval by the Texas Commission on Environmental Quality, not less than 20 days following the filing of an application with the Texas Commission on Environmental Quality for the approval of projects and bonds, the municipal utility district provides the city with a copy of such application and not less than 30 days prior to publication of notice of sale, the municipal utility district provides the city with a copy of the staff memorandum of Texas Commission on Environmental Quality approving the projects and bonds;

2. Not less than 30 days prior to the sale, the municipal utility district provides the city with a copy of its proposed bond order, preliminary official statement, bid form and notice of sale; and

3. The criteria in subsection (b), below, are met.

b. Unless otherwise agreed to by ordinance or resolution by the city, the municipal utility district shall not issue bonds unless the following conditions have been satisfied:

1. The municipal utility district shall not issue any bonds, other than refunding bonds, unless the purpose for which the proceeds of such bonds may be used is limited to one or more of the following and no others:

A. Designing, purchasing and/or constructing or otherwise acquiring:

i. Waterworks facilities to provide water supply for municipal, domestic, and commercial uses, excluding industrial uses;

ii. Wastewater facilities to collect, transport, process, dispose of and control all domestic or communal wastes, excluding industrial waste, whether in fluid, solid or composite state;

iii. Stormwater drainage and detention facilities to gather, conduct, divert and control local stormwater or other local harmful excesses of water in the municipal utility district;

iv. Roads or improvements thereto, including storm drainage, in aid of those roads; or

v. Recreational facilities or improvements thereto;

B. Purchasing, constructing, owning, operating, repairing, improving, extending or otherwise acquiring interests in real property, improvements, facilities, appliances, equipment, buildings, plants or structures necessary or incidental to the operation of waterworks facilities, wastewater facilities, or stormwater drainage facilities, roads, or recreational facilities, including contingencies;

C. Payment of administrative and organization expenses, operation expenses during construction, creation costs, interest during construction, capitalized interest and developer interest. Proceeds of the bonds for costs of operations of the municipal utility district shall not exceed ten percent of the issuance amount; and

D. All costs of issuance of the bonds (including but not limited to legal fees, financial advisory fees, administrative fees and expenses, printing expenses, and publication expenses).

2. The municipal utility district shall not sell or issue any bonds unless:

A. The terms of such bonds expressly provide that the municipal utility district reserves and shall have the right to redeem the bonds not later than the 15th anniversary of the date of issuance, without premium;

B. The bonds, except refunding bonds, are sold after the taking of public bids therefor;

C. None of such bonds and bonds sold to a federal or state agency, other than refunding bonds, is sold for less than 95 percent of par;

D. The net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, does not exceed two percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date notice of the sale of such bonds is given and bids for the bonds will be received not more than 45 days after notice of sale of the bonds is given;

E. The maximum term of any debt issuance shall be no greater than 25 years;

F. The minimum par amount of any bonds issued, except a final issue, shall be $1,000,000.00;

G. Each issue of bonds shall be structured to achieve either level principal payments or level debt service payments, excluding the first two years of debt service;

H. The municipal utility district shall submit to the city pro forma cash flows prepared in a manner consistent with the financial feasibility rules of the Texas Commission on Environmental Quality evidencing a municipal utility district tax rate (both maintenance and operations rate and interest and sinking rate combined) not to exceed $1.50 per $100.00 assessed valuation; and

I. Each bond issue shall not include more than two years of capitalized interest.

c. The city staff shall review the documents required to be provided hereunder and the evidence of compliance with the foregoing criteria within 15 days following receipt of same. If the city staff gives a favorable approval of the bonds, an item will be placed on the next available regular or special council meeting agenda for consideration by the city council. The issuance of bonds by the municipal utility district must be approved by the city council of the city, or its designee. Any costs incurred by the city in connection with review of the issuance of bonds shall be paid by the municipal utility district, in an amount not to exceed $2,500.00;

d. For bonds secured by a pledge of the municipal utility district's revenues from its water and sewer and /or drainage system, the municipal utility district's resolution authorizing the issuance of the municipal utility district's bonds must contain a provision that the pledge of the revenues from the operation of the municipal utility district's water and sewer and/or drainage system to the payment of the municipal utility district's bonds will terminate when and if the city takes over the assets of the municipal utility district and assumes all of the obligations of the municipal utility district.

(18) The city acknowledges that a municipal utility district has authority to assess an unlimited tax for payment of debt service. However, prior to implementation of any increase in tax rate above its initial rate, the municipal utility district shall make a formal presentation to city council explaining the need for the increase, at which time residents of the municipal utility district shall be given an opportunity to be heard. Notice of such presentation shall be sent to each owner of taxable property within the municipal utility district as reflected on its most recent certified tax roll. This provision shall be in addition to any requirements of notice and hearing which may be contained in the Texas Water Code and in the Texas Tax Code which apply to the municipal utility district;

(19) In addition to the information the municipal utility district is required to file of record as required by the Texas Water Code, the municipal utility district shall annually deliver to each property owner within the municipal utility district, as reflected on its most recent certified tax roll, written notice of the existence of the municipal utility district and its right to assess taxes in addition to those assessed by the city. Such notice shall also contain a reference to the allocation agreement, the consent resolution and this paragraph. Such notice shall advise the property owner that such documents are available for inspection during regular business hours in the municipal utility district's office;

(20) The majority in value of landowners within the proposed municipal utility district shall enter into a utility functions and services allocation agreement ("allocation agreement") with the city, which shall contain the terms and conditions set forth in this section, as well as other terms and conditions which may be agreed to by the city or imposed herein. The allocation agreement shall be assigned by the proponent to the municipal utility district upon its creation;

(21) The allocation agreement shall be entered into simultaneously with the adoption of the consent resolution;

(22) The municipal utility district shall establish an official meeting location within the corporate limits of the city and at all times after the municipal utility district has 100 residential connections shall hold the meetings of its board of directors at such location;

(23) In addition to any other notice requirements applicable to the municipal utility district, the municipal utility district must post an agenda of the meetings of its board of directors at all primary entrances to the municipal utility district and at the location designated for notices at city hall not less than 72 hours prior to any meeting. An agenda shall also be provided to the city manager of the city prior to any meeting of the board of directors.

(24) The official office for recordkeeping of the municipal utility district must be accessible to the district's residents and shall not require a long distance phone call for a district resident to contact the official office for recordkeeping;

(25) The municipal utility district shall comply with all applicable requirements of the Texas Commission on Environmental Quality regarding the display of signage at entrances into the municipal utility district.

The city may specify other conditions with which the municipal utility district must comply in this code, the resolution consenting to the creation of the municipal utility district, and/or the allocation agreement.

(Ord. No. 10003, § 1, 2-10-05; Ord. No. 16,481, § 1, 5-28-26)

Upon the presentation of a petition for consent for the creation of a municipal utility district within the corporate limits of the city, the majority in value of landowners within the proposed municipal utility district shall:

(1) Present evidence that the proposed municipal utility district contains 100 or more acres; present evidence that the petition is filed on behalf of the majority in value of landowners within the proposed municipal utility district; and show that the proposed municipal utility district is wholly within the corporate limits of the city;

(2) Present a preliminary report describing the municipal utility district and proposed use of the land within the municipal utility district showing that the proposed municipal utility district and land use are feasible;

(3) Present an estimate of assessed valuation of the municipal utility district showing the value of property as it exists on date of the petition; a build-out schedule showing the projected value of the property when 50 percent of the projected vertical improvements for the municipal utility district, exclusive of wastewater, water, sewer and drainage improvements, have been completed; and showing the projected value of the improvements upon completion of the development within the municipal utility district; and

(4) Agree that the majority in value of landowners within the proposed municipal utility district shall develop the property for the purposes substantially as described in the preliminary report, except as may otherwise be agreed by the proponent and the city, and that prior to commencement of any improvements, will comply with all provisions of the subdivision ordinances and zoning ordinances of the city.

(Ord. No. 10003, § 1, 2-10-05)

(a) The city reserves the right to impose other specific requirements relative to a given municipal utility district, including, but not limited to park requirements, construction material for houses and other buildings, amenities, and minimum lot sizes, which shall be agreed to and set forth in the allocation agreement.

(b) The land within the district will be developed in accordance with the general plan to be approved by the city.

(Ord. No. 10003, § 1, 2-10-05)

It is the policy of the city that a municipal utility district created within the city should not be abolished until such time as it has retired all of its outstanding bonded indebtedness, so that the city's taxpayers outside the municipal utility district shall not have to pay off all or any part of the bonded indebtedness incurred by the municipal utility district. The city does reserve the right to abolish any municipal utility district, regardless of whether it has any outstanding debt, if it is deemed to be in the best interest of the city.

(Ord. No. 10003, § 1, 2-10-05)

The city shall provide fire, police and other general city services to the areas within the municipal utility district similar to those provided in similarly situated nonmunicipal utility district areas of the city. Different levels of service may be provided if different characteristics of topography, land uses and population density constitute a sufficient basis for providing different levels of service as determined by the city.

(Ord. No. 10003, § 1, 2-10-05)