HomeMy WebLinkAboutOrdinance 15491ORDINANCE NO ~~
AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH TEXAS PURSUANT TO
V T C.A. TRANSPORATION CODE CHAPTER 22
SUBCHAPTER D APPROVING RESOLUTION NO 2002
11-328 OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD WHICH AMENDS CHAPTER 6 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD CODE OF RULES AND REGULATIONS
PROVIDING FOR A FINE NOT TO EXCEED TWO
THOUSAND ($2 000 00) DOLLARS PER DAY FOR ANY
VIOLATION THEREOF PROVIDING A SEVERABILITY
CLAUSE PROVIDING A SAVINGS CLAUSE PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS Section 8 F of the Contract and Agreement, as amended between
th'e City of Fort Worth and the City of Dallas Texas provides that the Dallas-Fort
Worth International Airport Board shall have the power by a duly adopted order to
adopt and enforce rules and regulations for the orderly safe efficient and sanitary
operation of the Airport, and to prescribe reasonable penalties for the breach of any rule
or regulation and
WHEREAS V T C A. Transportation Code Chapter 22 Subchapter D and
Section 8 F of the Contract and Agreement, as amended provides that such orders by
the Dallas-Fort Worth International Airport Board shall become effective only upon
approval of the governing bodies of the Cities of Dallas and Fort Worth and publication
as therein provided and
WHEREAS pursuant to the foregoing the Dallas-Fort Worth International
Airport Board on November 7 2002 passed approved and ordered Resolution No
2002 22 328 which amends Chapter 6 of the Dallas-Fort Worth International Airport
Board Code of Rules and Regulations and
WHEREAS the Airport Board has requested that the Councils of the Cities of
Dallas and Fort Worth approve its said Resolution No 2002 11-328 in order that it may
become effective as aforesaid
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That all of the declarations and findings contained in the preamble of this
ordinance are made a part hereof and shall be fully effective as part of the ordained
subject matter of this ordinance
SECTION 2
That Resolution No 2002 11-328 of the Dallas-Fort Worth International Airport
Board a duly certified copy of which is attached hereto as Exhibit A and is made a
part of this ordinance by reference is hereby approved
SECTION 3
That after publication of a substantive statement relating to the contents of
Resolution No 2002 11-328 of the Dallas-Fort Worth International Airport Board in a
newspaper of general circulation in each of the counties of Dallas and Tarrant, stating
that a breach of any provision of Resolution No 2002 11-328 will subject the violator to
a penalty and stating that the full text of Resolution No 2002 11 238 and any
attachments to it are on file in the principal office of the Airport Board to be read by any
interested party Resolution No 2002 11-328 shall thereafter have the same force and
effect within the boundaries of the Dallas-Fort Worth International Airport as an
ordinance by the City Council of the City of Fort Worth would have in the City of Fort
Worth and the penalty shall be enforced in the same manner in which penalties
prescribed by other ordinances of the City of Fort Worth are enforced
SECTION 4
That the sections paragraphs sentences clauses and phrases of this ordinance
and Resolution No 2002 11-328 are severable and if any phrase clause sentence
paragraph or section shall be declared unconstitutional or invalid by the valid judgment
or decree of any court of competent jurisdiction the unconstitutionality or invalidity shall
not affect any of the remaining phrases clauses sentences paragraphs and sections
of this ordinance or Resolution No 2002 11-328 since the same would have been
enacted without the incorporation of any unconstitutional phrase clause sentence
paragraph or section
SECTION 5
Any person firm or corporation who violates disobeys omits neglects or
refuses to comply with or who resists the enforcement of any of the provisions of this
ordinance or Resolution No 2002 11-328 shall be fined not more than Two Thousand
Dollars ($2000 00) for each offense Each day that a violation is permitted to exist shall
constitute a separate offense
SECTION 6
All rights and remedies of the City of Fort Worth Texas are expressly saved as
to any and all violations of the provisions of any other ordinances affecting the Code of
Rules and Regulations of the Dallas-Fort Worth International Airport Board which have
accrued at the time of the effective date of this ordinance and as to such accrued
violations and all pending litigation both civil and criminal whether pending in court or
not, under such ordinances same shall not be affected by this ordinance but may be
prosecuted until final disposition. by the courts
SECTION 7
That the City Secretary of the City of Fort Worth Texas is hereby directed to
publish the caption penalty clause and effective date of this ordinance for two days in
the official newspaper of the City of Fort Worth Texas as authorized by Texas Local
Government Code Section 52 013
SECTION 8
That this ordinance shall take effect immediately from and after its passage and
publication as required by law in accordance with the provisions of the Charter of the
City of Fort Worth and it is accordingly so ordained
APPROVED AS TO FORM AND LEGALITY
A f~~~~t City Attorney
Date '`2 ~1~C~ l I , z ova
Adopted ~ ~aS'
Effective
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LAS/FORT WORTH PORT
BOX
FW PORT, TEXAS
www.dfwairport.com
March 19 2003
STATE OF TEXAS §
COUNTY OF DALLAS §
COUNTY OF TARRANT §
I Norma Couture Board Secretary of the Dallas-Fort Worth International
Airport Board do hereby certify that the enclosed is a true and correct copy of
Resolution No 2002 11 328 approved by the Dallas-Fort Worth International
Airport Board of Directors at its Board Meeting held on November 7 2002
WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD this the 19th day of March 2003
orma Couture
bard Secretary
Exhibit A
DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
OFFICIAL BC)ARn ACTI[~N/RFSnI ifTi(~N
Date Subject Amendment of the Code of Rules and Resolution No
11-07 2002 Regulations of the Dallas-Fort Worth International Airport 2002 11 328
Board, related Board endorsement of wastewater
retreatment ro ram
Recommended Action That the Airport Board approve amendment of Chapter b of the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board regarding Wastewater Pretreatment and
Discharge Regulations, and that the Airport Board endorse the implementation of a pretreatment program as
re wired b 40 CFR Part 403 for the Re Tonal Wastewater S stem
Description.
This action would amend the Code of Rules and Regulations by replacing the existing Chapter 6 Environmental Rules
and Regulations concerning control of pollutants into sanitary sewers with a revised Chapter 6 entitled 'Wastewater
Pretreatment and Discharge Regulations. The reason for the proposed change is described below and in the Detail
Information Sheet. The substantive revisions are contained in the attached proposed amended Chapter b of the
Code.
This action also includes a statement reflecting the endorsement by the Airport Board of the implementation of a
pretreatment program for the Regional Wastewater System, to which the Board discharges wastewater under its
contract with the Trinity River Authority of Texas (TRA).
Justification
The Board s contract with TRA allows the Board to discharge wastewater nto TRA s Central Regional Wastewater
System (CRWS) and requires the Board to enact an ord Hance/regulations to implement and enforce applicable
pretreatment requirements. The proposed revisions to Chapter b are necessary to enable TRA s CRWS Pretreatment
Program to meet the requirements of 40 Code of Federal Regulations (CFR} Part 403 and in order to obtai program
approval from the Texas Commission on Environmental Quality (TCEQ)
40 CFR Part 403 also requires that a statement or resolution reflecting the endorsement or approval of the Airport
Board be ncluded in TRA s submission to the TCEQ for approval of the CRWS pretreatment program
Th s Action meets the Board s Strategic Imperative of developing and implementing practices designed to provide
a positive and safe environment for the Airport s employees, tenants,. and traveling public.
Additional Information
This amendment to Chapter b also must be approved by the city councils of Dallas and Fort Worth, in accord nce
ith state law nd the 1968 Contract and Agreement.
Amended Chapter b will become effective following approval by the city councils of the owner cities, approval by the
TCEQ., and written notice from TRA to the Board of TCEQ approval.
Detail Information Sheet(s) attached:
Committee Contract No(s) Action Amount:
Operations N/A N/A
Purchase Order No(s)•
For information contact. NIA Revised Amount:
Donna Atwood, Legal 4-3158 Agreement No(s) N/A
N/A
KtJVLU 1 IVN NV
BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
Section 1 That the attached amendment to Chapter b of the Code of Rules and Regulations of the Dallas-
Fort Worth International Airport Board be and is hereby approved.
Section 2. That the Airport Board hereby endorses the implementation of a pretreatment program as
required by 40 CFR Part 403 for the Regional Wastewater System, with such program to continue as long as
40 CFR Part 403 remains in effect.
Section 3. That the Chief Executive Officer be and is hereby directed to forward this Resolution and the
attached amended Chapter 6 of the Code of Rules and Regulations of the Dallas-Fort Worth International
Airport Board to the Cities of Dallas and Fort Worth along with a request that their respective city councils
act to approve same
Section 4 That the Chief Executive Officer be and is hereby authorized to take such further action as he
deems necessary to see to the passage and enforceability of the attached amended Chapter 6 of the Code
of Rules and Regulations.
Section 5 That, in the event the Trinity River Authority the Texas Commission on Environmental Quality
and/or the U.S Environmental Protection Agency require{s) changes to the attached amendment to Chapter
6 of the Code of Rules and Regulations, such changes shall automatically become effective subject to
approval of the Board's Chair when the revised Chapter b, as approved, is physically attached to the original
of this Resolution and that any portion of the attached amended Chapter 6 so altered shall be considered
rescinded and repealed
This Resolution shall take effect immediately upon its passage
Approved as to Form: Approved as to Funding• Approved as to N1/WBE
General-Counsel Vice President Vice President
Finance Small/and Emerging Business
Date Si ned Date Si ned Date Si ned
SIGNATURES REQUIRED FOR APPROVAL.
0
f,
DepertmentYVice President ief Executive Officer
t'` j ~ ill % i ~j/..~~-.-.
DETAIL INFORMATION SHEET
In 1978, the United States Environmental Protection Agency (EPA) promulgated
General Pretreatment Regulations in order to establish mechanisms and procedures
for enforcing National Pretreatment Standards controlling the introduction of wastes
from non-domestic sources into Publicly Owned Treatment Works (POTWs) This
National Pretreatment Program, codified in 40 Code of Federal Regulations (CFR)
Part 403, provides the regulatory basis to require non-domestic (industrial)
dischargers to comply with pretreatment standards and effluent limitations to ensure
that the goals of the Clean Water Act are attained
The National Pretreatment Program places the majority of the responsibility for
compliance on local governmental entities and requires that a Pretreatment Program
be developed for certain POTWs, including the Central Regional Wastewater System
(CRWS) The Trinity River Authority of Texas (TRA), as the owner and operator of the
POTW must comply with the requirements of 40 CFR Part 403
The proposed revisions to Chapter b of the Code of Rules and Regulations of the
Dallas-Fort Worth International Airport Board are a required component of TRA s
submission to TCEQ for approval of TRA s proposed CRWS Pretreatment Program
40 CFR Part 403 requires Pretreatment Programs to include the power under law to
implement and enforce the National Pretreatment Standards The TRA accomplishes
this through contracts with its customer entities. The Amendatory Wastewater
Contract between the Board and the TRA requires the Board to have in effect and to
enforce an industrial waste ordinance acceptable to applicable federal and state
agencies, currently the EPA and the TCEQ.
The Board action requested by this OBA will amend Chapter b of the Code in order
to meet current EPA and TCEQ requirements for Pretreatment Program ordinances
Proposed amended Chapter 6 follows the guidance of the EPA s Model Pretreatment
Ordinance and is similar in scope to the most recent water quality ordinances of the
Fort Worth Environment Code and the Dallas City Code The amended chapter
includes general provisions, discharge prohibitions and limits, pretreatment,
wastewater discharge permit requirements, permit application process, permit
issuance process (including- permit denial, suspension, and revocation) reporting
requirements, compliance monitoring and enforcement mechanisms, enforcement
procedures and remedies, fees and charges, and a savings clause and effective date
One significant change made by amended Chapter b is replacement of allowable
pollutant concentrations by TRA s updated technically based local limits for
pollutants The TRA has certified that its proposed new maximum allowable pollutant
concentrations, which are higher than existing limits for~~ome pollutants and lower
for others, are adequate to protect water quality standards and to prevent
interference with the CRWS treatment facility Following approval by TCEQ and/or
Page 1 of 2
EPA, the new local limits will apply to all dischargers to the CRWS, including users of
the Board's wastewater system
Amended Chapter b also provides the Board specific administrative enforcement
options against violators, including warnings, notices of violation, consent orders,
compliance orders, stop work orders, show cause hearings, cease and desist orders,
and administrative fines. An administrative reconsideration/appeal and hearing
process is included In accordance with 40 CFR Part 403 requirements, amended
Chapter b also authorizes judicial enforcement remedies, including injunctive relief,
civil penalties and suits for damages, as well as criminal prosecution Each offense
under amended Chapter b is punishable by fines not to exceed $2000 per day per
violation, an increase from the current maximum of $1000
The action requested by this OBA will enable the Board to comply with its wastewater
contract with the TRA and to assist the TRA in its efforts to obtain approval of the
CRWS Pretreatment Program as required by 40 CFR Part 403.
Because Board approval of the proposed amendment to Chapter b is required by
TCEQ prior to its approval by TCEQ and/or EPA and as part of TRA s request for
Program approval, the attached amended Chapter 6 is subject to modification
subsequent to its approval by the Board. This resolution accordingly provides that,
in the event the TRA, TCEQ, and/or EPA require(s) changes to the attached
amendment to Chapter b of the Code of Rules and Regulations, such changes shall
automatically become effective, subject to approval of the Board's Chair when a
revised Chapter 6, as approved by TRA, TCEQ and/or EPA, ~s physically attached to
the original of this Resolution
Following TCEQ and/or EPA approval of the TRA-CRWS Pretreatment Program, the
TRA and its customer entities will be notified and required to implement the
approved pretreatment ordinances and regulations
Page 2 of 2
DRAFT
CHAPTER SIX
WASTEWATER PRETREATMENT AND DISCHARGE RULES AND REGULATIONS
TABLE OF CONTENTS
SECTION 1 -GENERAL PROVISIONS
1 1 PURPOSE AND POLICY
1 2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT
1 3 ABBREVIATIONS
1-4 DEFINITIONS
1 5 INCORPORATION OF FEDERAL AND STATE STATUTES, RULES, AND REGULATIONS
SECTION 2 -DISCHARGE PROHIBITIONS AND LIMITS
2 1 PROHIBITED DISCHARGES
2 2. NATIONAL CATEGORICAL PRETREATMENT STANDARDS
2 3 LOCAL LIMITS
2-4 RIGHT TO ESTABLISH REGULATIONS OR MORE STRINGENT REQUIREMENTS
2 5 APPLICABILITY OF MORE STRINGENT REGULATIONS OR DISCHARGE LIMITS
2-b VARIANCES IN COMPLIANCE DATES
2 7 DILUTION PROHIBITED
2-8 BOD OR TSS LOADING
SECTION 3 - PRETREATMENT OF WASTEWATER
3-1 PRETREATMENT FACILITIES
3-2. ADDITIONAL PRETREATMENT MEASURES
3-3 ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS
3-4 HAULED SEPTAGE OR INDUSTRIAL WASTE
SECTION 4 -PERMIT REQUIRED FOR WASTEWATER DISCHARGE, PERMIT APPLICATIONS
4-1 WASTEWATER ANALYSIS
4-2. WASTEWATER DISCHARGE PERMIT REQUIRED
4-3 PERMITS FOR EXISTING SOURCES
4-4 PERMITS FOR NEW SOURCES
4-5 PERMIT APPLICATION PROCESS
4-b. SIGNATORIES AND CERTIFICATION REQUIREMENTS
SECTION 5 -WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
5-1 WASTEWATER DISCHARGE PERMIT DECISIONS
5-2. WASTEWATER DISCHARGE PERMIT DURATION
5-3 WASTEWATER DISCHARGE PERMIT CONTENTS
5-4 WASTEWATER DISCHARGE PERMIT MODIFICATION
5-5 WASTEWATER DISCHARGE PERMIT TRANSFER
5-6. GROUNDS FOR PERMIT SUSPENSION OR REVOCATION
5-7 WASTEWATER DISCHARGE PERMIT REISSU,4NCE
Code of Rules & Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6!02
SECTION 6 -REPORTING REQUIREMENTS
b-1 BASELINE MONITORING REPORTS
6-2. COMPLIANCE SCHEDULE AND PROGRESS REPORTS
6-3. REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD DEADLINE
b-4 PERIODIC COMPLIANCE REPORTS
6-5 REPORTS OF CHANGED CONDITIONS
b-b REPORTS OF ACCIDENTAL DISCHARGES OR POTENTIAL PROBLEMS
b-7 REPORTS FROM NON-PERMITTED USERS
b-8. NOTIFICATION OF VIOLATION BASED ON SELF-MONITORING
6-9 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE
b-10 ANALYTICAL REQUIREMENTS
b-11 SAMPLE COLLECTION
b-12. DATE REPORTS DEEMED RECEIVED
b-13 RECORD-KEEPING REQUIREMENTS
SECTION 7 -COMPLIANCE MONITORING
7 1 RIGHT OF ENTRY INSPECTION AND SAMPLING
7 2. SEARCH WARRANTS
SECTION 8 CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION
8-1 INFORMATION AVAILABLE TO PUBLIC
8-2. CLAIM OF CONFIDENTIALITY
8-3 AVAILABILITY FOR GOVERNMENTAL AND JUDICIAL USE
8-4 EFFLUENT DATA NOT CONFIDENTIAL
SECTION 9 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
SECTION 10 -ADMINISTRATIVE ENFORCEMENT REMEDIES
10-1 NOTICE OF VIOLATION
10-2 CONSENT ORDER
10-3 SHOW CAUSE HEARING
10-4 COMPLIANCE ORDER
10-5 CEASE AND DESIST ORDER
10-6 STOP WORK ORDER
10-7 EMERGENCY SUSPENSION OF WATER UTILITY SERVICE AND/OR ACCESS TO WASTEWATER
SYSTEM
10-8 NON-EMERGENCY TERMINATION OF WATER UTILITY SERVICE AND/OR ACCESS TO
WASTEWATER SYSTEM
10-9 ADMINISTRATIVE FINES
SECTION 11 JUDICIAL ENFORCEMENT REMEDIES
11 1 INJUNCTIVE RELIEF
11 2 CIVIL PENALTIES
11 3 CRIMINAL PROSECUTION
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
12 1 PERFORMANCE BONDS
Code of Rules & Regulations
DFW )nternational Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6!02
12 2. LIABILITY INSURANCE
SECTION 13 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
13-1 UPSET
13-2 ACT OF GOD
13-3 PROHIBITED DISCHARGE STANDARDS
13-4 BYPASS
SECTION 14 -FEES AND CHARGES
14-1 FEES AND CHARGES
14-2 INDUSTRIAL SURCHARGE
SECTION 15-MISCELLANEOUS PROVISIONS
15-1 APPEALS
15-2 EFFECTIVE DATE
Code of Rules & Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6/02
4
DRAFT
CHAPTER SIX
WASTEWATER .PRETREATMENT AND DISCHARGE RULES AND REGULATIONS
SECTION 1
GENERAL PROVISIONS
SECTION 1 1 PURPOSE AND POLICY
(A) These Rules and Regulations set forth uniform requirements for users of the Airport Wastewater
System and the Publicly Owned Treatment Works (POTW") serving the Dallas-Fort Worth
International Airport and enable the Board and the POTW to comply with applicable federal
and state laws, including the Federal Water Pollution Control Act, as amended by the Clean
Water Act, as amended (33 United States Code § 1251 et seq.), and the General Pretreatment
Regulations of 40 Code of Federal Regulations Part 403
(B) The objectives of these Rules and Regulations are•
(1) To prevent the introduction of pollutants into the POTW that will interfere with its
operation,
(2) To prevent the introduction of pollutants into the POTW that will pass through the POTW
inadequately treated, into receiving waters, or otherwise be ncompatible with the POTW
(3) To protect POTW and Board personnel in the course of th it employment and to protect
the general public;
(4) To provide for fees for the equitable distribution of the costs of implementing and
administering these Rules and Regulations and any related pretreatment program, and
(5) To enable the Board to meet its contractual obligations under the Wastewater Service
Contract with the Trinity River Authority ("TRA') by assisting TRA in complying with TRA s
National Pollutant Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the POTW is subject.
Code of Rules & Regulations-
DFW International Airport Board
-Draft Revisions to Chapter Six
Last Revision Date: 1116102
5
(b) To promote reuse and recycling for industrial wastewater and sludge from the POTW
(C) These Rules and Regulations~shall apply within the boundaries of the Airport.
SECTION 1-2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT
(A) The Chief Executive Officer and the Chief Executive Officer's authorized representatives shall
have the authority to administer implement, and enforce the provisions of these Rules and
Regulations. The Vice President of the Boards Department of Environmental Affairs, or the
Vice President or head of any other or successor Board department charged with primary
responsibility for environmental management and enforcement at the Airport or any Vice
President or department head so appointed by the Chief Executive Officer or the authorized
representative(s) of said department head(s), shall also have the authority to administer
implement, and enforce the provisions of this Chapter The Chief Executive Officer and the
Vice President of the Board's Department of Environmental Affairs are authorized to make
inspections pursuant to this Chapter and to take enforcement action against non-compliant
persons or Users, including the issuance of citations for violatio of this Chapter and may do
so personally or through any duly authorized representative(s)
(B) Any powers granted to or duties imposed upon the Chief Executive Officer or the Vice
President of the Board's Department of Environmental Affa rs may be delegated by the Chief
Executive Officer o the Vice President of the Board's Department of Environmental Affairs to
other Board personnel
(C) The Chief Executive Officer and the Vice President of the Board's Department of Environmental
Affairs shall have the authority to promulgate written orders and adm nistrative procedures
which are consistent with this Chapter and determined to be necessary for the proper
administration and enforcement of these Rules and Regulations, including but not limited to
administrative orders sued for the- purpose of bringing a iolator back into compliance For
the purpose of promoting consistency of enforcement throughout the Airport, the Chief
Executive Officer or the Vice President of the Board's Department of Environmental Affairs shall
promulgate an Enforcement Response Plan
(D} Upon specific request of the Chief Executive Officer or his authorized representative(s) under
this Chapter officers of the Board's Department of Public Safety may assist the Chief Executive
Code of Rules 8~ Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6/02
6
Officer in the enforcement of this Chapter A Department of Public Safety officer who observes
a violation of this Chapter or of a wastewater discharge permit or order issued by the Chief
Executive Officer or his authorized representative(s) may take any necessary or appropriate
enforcement action.
(E) When the Chief Executive Officer determines that a violation of this Chapter or of any permit or
order issued hereunder or of any pretreatment standard or requirement has occurred or is
occurring, the following remedies are available The remedies provided for in this Section or
elsewhere in this Chapter are not exclusive Enforcement of violations will generally be in
accordance with the Board's Enforcement Response P{an. However the Chief Executive Officer
may take other action against any person orUser when the circumstances warrant. The Chief
Executive Officer may take any all, or any combination of these actions against anon-compliant
person or User consecutively or concurrently
(1) Issuance of one or more verbal and/or written warnings;
(2) Issuance of one or more citations;
(3) Issuance of a notice of violation,
(4) Execution of a consent order
(5} Issuance of a compliance order
(b) A show cause hearing;
(7) A cease and desist order
(8) A stop work order
(9) Permit suspension or revocation proceedings, if applicable,
(10) Suspension and/or term ation of water utility service and/or access to the Airport
Wastewater System, as provided Section 10•
(11)Issuance of administrative fines;
Code of Rules & Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision. Date: 11/6/02
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(12) Request the Board's legal courisel to institute suit for civil remedies as provided by this
Chapter or state or federal law• or
{13)Any other remedy provided in this Chapter
SECTION 1-3. ABBREVIATIONS
The following abbreviations, when used in these Rules and Regulations, shall have the designated
meanings:
BOD Biochemical Oxygen Demand
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
CRWS Central Regional Wastewater System
ERP Enforcement Response Plan
EPA U.S. Environmental Protection Agency
gpd gallons per day
mg/I milligrams per liter
IU Industrial User
NOV Notice of Violation
NPDES National Pollutant Discharge Elimination System
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
SIC Standard Industrial Classification
SIU Significant Industrial User
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TRA Trinity River Authority
TSS Total Suspended Solids
TTO Total Toxic Organics
USC United States Code
SECTION 1-4 DEFINITIONS
Code of Rules & Regulations
DFVV International Airport Board
Draft Revisions to Chapter Six
Last Revision Date. 11/fi/02
8
Unless a provision explicitly states otherwise, the following terms and phrases, whether capitalized or not
and in each grammatical variation, as used in this Chapter and in the Enforcement Response Plan and any
permit or order issued pursuant to this Chapter shall have the meanings designated in this Section 1-4
ACT or THE ACT means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC § 1251 et seq
AIRPORT means all the land, improvements, facilities and developments within the boundaries of the
Dallas/Fort Worth International Airport.
AIRPORT BOARD or BOARD means the DallaslFort Worth International Airport Board, the duly constituted
governing body of the Airport.
AIRPORT WASTEWATER SYSTEM means the system for conveyance, separation and disposal of waste
material at the Airport, defined by the System Agreement to include the Waste Treatment Plant (i.e that
structure and appurtenances which receive, treat and dispose of wastewater delivered from the Waste
Conveyance Facilities), the Sanitary Sewer Facilities (i a the network of service pipelines for the conveyance
and delivery of sanitary sewerage), the Waste Conveyance Facilities (i.e the network of service pipelines for
the conveyance of wastewater and delivery thereof to the Waste Treatment Plan), and related
appurtenances located at the Airport. This definition includes any devices or systems used in the collection,
storage treatment, recycling, nd reclamation of sewage or industrial wastes of liquid nature and any
sewers, pipes, and other conveyances and related appurtenances located at the Airport, as further
described in the System Agreement defined in this Section 1 4 but excludes any such devices or systems
not within the boundaries of the Airport or located at or beyond the Airport's point(s) of entry into the
CRWS.
APPROVAL AUTHORITY means the Director of the Texas Commission on Environmental Quality in his
capacity as director of a state agenry delegated to act on EPA s behalf in a state with an approved
pretreatment program; alternatively the Regional Administrator of EPA Region VI, or other authority as may
be provided in 40 CFR Part 403, as amended
AUTHORIZED REPRESENTATIVE OF THE USER means:
(A) For a corporation. {I) the president, secretary treasurer or a ice-president of the corporation in
charge of a principle business function, or any other person who performs similar policy or
decision-making functions for the corporation, or (ii) the manager of one or more
Code of Rules & Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6/02
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manufacturing, production, or operation facilities employing more than two-hundred fifty (250}
persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars
(in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
(B} For a partnership or sole proprietorship. ageneral partner or proprietor respectively
(C) For a federal, state or local government: a director or highest official appointed or designated
to oversee the operation and performance of the activities of the government facility or
operation, or his designee
(D) The individuals described in paragraphs (A) through (C), above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility premises, or site from
which the discharge originates or having overall responsibility for environmental matters for the
entity and the written authorization is submitted to the Chief Executive Officer
BOD or BIOCHEMICAL OXYGEN DEMAND means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for five (5} days at 20° centigrade, usually
expressed as a concentration (e g mg/I)
BYPASS means the intentional diversion of waste streams or wastewater from any portion of a User's
wastewater treatment equipment or pretreatment equipment.
CATEGORICAL STANDARD(S) [See National Categorical Pretreatment Standards]
CENTRAL REGIONAL WASTEWATER SYSTEM ("CRWS') or CENTRAL WASTEWATER TREATMENT
SYSTEM OR AUTHORITY'S SYSTEM means the treatment plant and related wastewater system operated by
the Trinity River Authority as Control Authority and which receives wastewater discharges from the Airport
pursuant to the Wastewater Service Contract; as defined in the Wastewater Service Contract, the term
means all of TRA s facilities for receiving, transporting, treating and disposing of wastewater generally in the
area of the Upper Trinity River Basin, together with any improvements or additions to such facilities, but
specifically excludes (1) TRA s facilities within the boundaries of the Airport and defined as the 'System in
the System Agreement, (Z) local wastewater facilities of TRA contracting parties for the transportation of
wastewater to Points of Entry and any facilities used exclusively or primarily for the pre-treatment of
Industrial Wastes, and (3) any other TRA facilities.
Code of Rufes S Regulations
DFW International Airport Board
Draft Revisions to Chapter Six
Last Revision Date: 11/6/02
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CHIEF EXECUTIVE OFFICER meant the Chief Executive Officer of the Dallas-Fort Worth International
Airport Board, or where applicable, his designated representative(s), as provided in Section 1 2.
COMPOSITE SAMPLE means a sample that is collected over time, formed either by continuous sampling or
by mixing discrete samples. The sample may be composited either as a time composite sample composed
of discrete sample aliquots collected at consistent time intervals providing a sample irrespective of stream
flow or as a flow proportional composite sample collected either as a constant sample volume at time
intervals proportional to flow or collected by increasing the volume of each aliquot as the flow increases
while maintaining a consistent time interval between the aliquots.
CONTROL AUTHORITY or AUTHORITY means the Trinity River Authority of Texas, as holder of the TPDES
permit of the POTW
DISCHARGE when used without qualification includes discharge of a pollutant(s).
DISCHARGE OF A POLLUTANT means any addition of any pollutant to navigable waters from any point
source, i e any discernible confined and discrete conveyance, including but not limited to any pipe, ditch,
channel, tunnel, conduit, well, or container from which pollutants are or may be discharged but excluding
agricultural stormwater discharges and return flows from irrigated agriculture
DISCHARGER means any person who causes, allows, permits, or is otherwise responsible for a discharge,
including without limitation any operator of construction site or industrial facility TO DISCHARGE means
to deposit, conduct, drain, emit, throw run, allow to seep or otherwise release or dispose of or to allow
permit, or suffer any of these acts or omissions.
EFFECTIVE DATE means the date on which these Rules and Regulations become effective as provided in
Section 10-2 of this Chapter
ENFORCEMENT RESPONSE PLAN or ERP means the plan authorized by the Chief Executive Officer which
contains detailed procedures ndicating how the Board will investigate and respond to instances of User
noncompliance at the Airport.
ENVIRONMENTAL PROTECTION AGENCY or EPA means the United States Environmental Protection
Agency or where appropriate, the Regional Water Management Division Director or other duly authorized
official of said agency
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EXISTING SOURCE means any source of discharge, the construction or operation of which commenced
prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to
such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
GRAB SAMPLE means a sample which is taken from a wastestream without regard to the flow in the
wastestream and over a period of time not to exceed fifteen (15) minutes.
GREASE TRAP means an interceptor placed in a drainage system to separate and retain grease prior to it
entering the sanitary sewer and includes such interceptors in hotels, restaurants and other food
establishments, commercial kitchens, and similar facilities.
GRIT TRAP (SAND TRAP) means an interceptor placed in a drainage system at maintenance and repair
shops, automobile service stations, car washes, laundries, and other sim lar facilities, to separate and retain
undesirable matter and deleterious materials prior to their entering the sanitary sewer or wastewater
system
INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants nto a POTW from any
nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
INDUSTRIAL SURCHARGE means the additional charge made to a person or User who discharges into the
Airport Wastewater System and/or POTW industrial waste that is amenable to treatment by the system or
POTW but xceeds the strength or character of normal wastewater
INDUSTRIAL USER means any person or industry who discharges or desires to discharge Industrial Waste(s)
into the Airport Wastewater System or to the Central Regional Wastewater System
INDUSTRIAL WASTE(S) means liquid wastes from industrial processes as distinct from wastes in domestic
wastewater (sewage); wastewater or other water-borne solids, liquids, or gaseous substances resulting from
an industrial, manufacturing, or food processing operation, or from the development of a natural resource,
or any mixture of these with water or normal domestic wastewater
INDUSTRY means a person or establishment that recognized and identified in the Standard Industrial
Classification Manual, 1987 Executive Office of the President: Office of Management and Budget, as
amended and supplemented
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INTERFERENCE means a discharge, which 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 Control Authority' 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); 40 CFR 503 sludge regulations; any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the
Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT means the maximum concentration of a
pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite
sample collected, independent of industrial flow rate and the duration of the sampling event.
LIQUID WASTE means water-borne solids, liquids, and gaseous substances located in or removed from
grease traps or grit traps, or septage waste located nor removed from septic tanks, cesspools, portable
toilets, or similar facilities; the term does not include hazardous waste identified or listed as such by the EPA
pursuant to the federal Solid Waste Disposal Act, as amended by RCRA, 42 USC 6901 et seq as amended,
or Class 1 nonhazardous ndustrial solid waste
MEDICAL WASTE means isolation wastes, nfectious agents, human blood nd blood products, pathological
wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory
wastes, and dialysis wastes.
NATIONAL CATEGORICAL PRETREATMENT STANDARD(S) or CATEGORICAL PRETREATMENT
STANDARD(S) or CATEGORICAL STANDARD(S) means limitations on the discharge of pollutants,
promulgated by EPA in accordance with Section 307 of the Act, that apply to specified process wastewaters
of particular industrial categories (40 CFR 403.6 and Parts 405-471)
NATIONAL PRETREATMENT STANDARD(S) means any pretreatment regulation(s) containing pollutant
discharge limits that have been established or will be established for Industrial Users by the EPA.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES means the NPDES permit program
of the EPA and/or the permit program of the state agency delegated to act on EPA s behalf in a state with
an approved pretreatment program {see TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or
TPDES)
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NEW SOURCE means:
(A) Any building, structure, facility or installation from which there is (or may be) a discharge of
pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that section, provided that:
(1) The building, structure facility or installation is constructed at a site at which no other
source is located, or
(2) The building, structure facility or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source- or
(3) 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.
(B) 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 ew building, structure, facility or installation
meeting the criteria of Section (A)(2) or (3) above but otherwise alters, eplaces, or adds to
existing process or production equipment.
(C) Construction of a new source as defined under this paragraph has commenced if the owner or
operator .has:
(1) Begun, or caused to begin, .as part of a continuous onsite construction program,
(a) any placement, assembly or installation of facilities or equipment; or
(b) significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly or nstallation of new source facilities or equipment; or
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(2) Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss, and
contracts for feasibility engineering, and design studies do not constitute a contractual
obligation under this paragraph.
NONCONTACT COOLING WATER means water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished product.
NORMAL WASTEWATER means wastewater for which the average concentration of suspended solids and
five-day BOD does not exceed 250 mg/I each.
NPDES PERMIT means a permit issued by EPA and/or the state agency delegated to act on EPA s behalf in
a state with an approved State pretreatment program under authority delegated pursuant to 33 USC
1342{b) that authorizes the discharge of pollutants to waters of the United States (see TPDES PERMIT).
ORDER means a verbal or written directive issued by the Chief Executive Officer or his duly authorized
representative in the performance of the Chief Executive Officer's duties in the administration or
enforcement of these Rules and Regulations.
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 iolation of any requ rement of the Control Authority s TPDES permit, including a ncrease in the
magnitude or duration of a violation
PERSON means any individual, partnership (including two or more persons having. a joint or common
economic nterest), copartnership, firm, company corporation, association, joint stock company trust,
estate, governmental entity political subdivision, or any other legal entity- or the legal representative(s),
agent(s), or assign(s) of any such entity This definition includes all federal, state and. local governmental
entities, unless the context requires otherwise
pH means a measure of the acidity or alkalinity of a solution, expressed in standard units; the logarithm
(base 10) of the reciprocal of the hydrogen ion concentration of solution.
POINT{S) OF ENTRY means the point(s) at which wastewater enters the Central Regional Wastewater
System.
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POLLUTANT(S) mean 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
discharged into water
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 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 REQUIREMENT(S) means any substantive or procedural requirement(s) related to
pretreatment imposed on a User other than a pretreatment standard.
PRETREATMENT STANDARD(S) or STANDARD(S) means any regulation(s) containing pollutant discharge
limits, including prohibited discharge standards, categorical pretreatment standards, and local limits, as set
forth in 40 CFR 403 and these Rules and Regulations.
PROHIBITED DISCHARGE(S) means prohibitions against the discharge of certa n substances, as set forth in
Section 2 1 of the Chapter
PUBLICLY OWNED TREATMENT WORKS or POTW means 'treatment works, as defined in Section 212
of the Act (33 USC §1292} and in 40 CFR 403.3, which is owned by a state or municipality or any agency of
such entities. For purposes of these Rules and Regulations, POTW means the Central Regional Wastewater
System {"CRWS') owned by the Control Authority This definition includes any devices or systems used in
the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of liquid
nature and any sewers, pipes, and other conveyances that convey wastewater to the CRWS but expressly
excludes the Airport Wastewater System
RULES AND REGULATIONS means the wastewater pretreatment and discharge les and regulations
established under this Chapter 6, 'Wastewater Pretreatment and Discharge Rules and Regulations, of the
Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended
SCHEDULE OF CHARGES means the Dallas/Fort Worth International Airport Board Schedule of Charges, as
amended.
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SEPTAGE WASTE or SEPTIC TANK WASTE means any liquid or solid material removed from a holding tank
such as a chemical toilet, trailer cesspool, septic tank, or similar sewage treatment system
SEVERE PROPERTY DAMAGE, as the term is used in Section 13-4 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 6y delays in production
SEWAGE means human excrement and gray water (wastewater from clothes-washing machines, showers,
bathtubs, dishwashing operations, sinks, etc.)
SHALL is mandatory• MAY is permissive or discretionary
SIGNIFICANT INDUSTRIAL USER means any Industrial User except as provided in subsection (C) of this
definition, that is connected or desires to connect to the Airport Wastewater System and meets at least one
of the following criteria.
(A) Any Industrial User subject to Categorical Pretreatment Standards as defined this Section 1 4
or as may be provided in 40 CFR 403.6, amended, or
(B) Any other Industrial User that:
(1) Discharges an average of twenty-five thousand (25,000} gpd or more of process wastewater
to the POTW and/or Airport Wastewater System (excluding sanitary noncontact cooling,
and boiler blowdown wastewater);
(2} Contributes a process wastestream which makes up five (5} percent or more of the average
dry weather hydraulic or organic capacity of the POTW treatment plant; or
(3) Is designated as such by the Chief Executive Officer on the basis that it has a reasonable
potential for adversely affecting the operation of the POTW and/or the Airport Wastewater
System or for violating any pretreatment standard or requirement.
(C} Upon a finding that an Industrial User meeting the criteria in Subsection (B) has no reasonable
potential for adversely affecting. the operation of the POTW and/or the Airport Wastewater
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System or for violating any pretreatment standard or requirement, the Chief Executive Officer
may at any time, on its own initiative or in response to a petition received from a User or the
POTW determine that such User should not be considered a Significant Industrial User
SIGNIFICANT NONCOMPLIANCE means noncompliance deemed significant as defined in Section 7-8 of
these Rules and Regulations.
SLUG LOAD or SLUG means any discharge of anon-routine episodic nature, including but not limited to an
accidental spill or non-customary batch discharge, or any discharge at a flow rate or concentration that
could cause a violation of the prohibited discharge standards in Section 2 1 of these Rules and Regulations.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE means a classification pursuant to the Standard
Industrial Classification Manual issued by the United States Office of Management and Budget.
STORMWATER or STORM WATER means any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
SYSTEM AGREEMENT means the contractual agreement between the Board and the Trinity River Authority
dated 16 July 1971 and as subsequently amended providing for construction, financing and operation at
the Airport of a system for conveyance, separation and disposal of waste material, such System defined by
that Supplemental Agreement dated 11 February 1972 as the Waste Treatment Plan (also known as the
Airport Pretreatment Plan), the Sanitary Sewer Facilities, the Waste Conveyance Facilities, and related
appurte ces located at the Airport (see AIRPORT WASTEWATER SYSTEM)
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES means the permit program of the
TCEQ, as the state agenry delegated to act on EPA s behalf with respect to the EPA s NPDES permit
program in a state with an approved pretreatment program
THIS CHAPTER means this Chapter 6, entitled 'Wastewater Pretreatment and Discharge Rules and
Regulations, of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as
amended, which establishes wastewater pretreatment and discharge rules and regulations for the Airport.
TOTAL SUSPENDED SOLIDS or TSS means the total suspended -matter that floats on the surface of or is
suspended in, water wastewater or other liquid, and which is removable by laboratory filtering
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TOTAL TOXIC ORGANICS or TTO means the sum .of the masses or concentration of specific toxic organic
compounds found in an Industrial User's discharge at a concentration greater than 0 01 mg/L. For non-
categorical and categorical SIUs the TTO list is 40 CFR 122 Appendix D Table II, excluding pesticides,
unless specifically designated in a particular categorical classification. Only those parameters reasonably
suspected to be present, if any to be determined by the Board, shall be analyzed for non-categorical
industries.
TPDES PERMIT means a .permit issued by the. TCEQ, as the state agency delegated to act on EPA s behalf
with respect to the EPA s NPDES permit program in a state with an approved State pretreatment (see
NPDES PERMIT).
TRINITY RIVER AUTHORITY or TRA means the Trinity River Authority of Texas, a governmental agency of
the State of Texas, in its various capacities, including as required by context: the Control Authority operator
of a POTW including the Central Regional Wastewater System (CRWS); or a party to the Wastewater
Service Agreement and/or the System Agreement as defined in this Section 1-4
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
USER means a source of Indirect Discharge, a person who discharges or causes or permits the contribution
of wastewater to the POTW and/or the Airport Wastewater System, the term includes, but is not limited to,
Industrial User(s)
WASTEWATER means liquid and water-carried ndustrial waste(s) and sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated,
which are contributed to the POTW and/or the Airport Wastewater System
WASTEWATER SERVICE CONTRACT means the contractual agreement, also known as the customer
contract, between the Board and the Trinity River Authority dated 9 August 1973, and providing for the
Board's discharge of wastewater into the Central Regional Wastewater System of TRA, includes the
Amendatory Wastewater Service Contract dated 16 January 1984 and any and all subsequent amendments.
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WASTEWATER TREATMENT PLANT or TREATMENT PLANT means that portion of the POTW that is
designed to provide treatment of domestic sewage and industrial waste
SECTION 1 S INCORPORAT{ON OF FEDERAL AND STATE STATUTES, RULES, AND REGULATIONS
A reference within this Chapter of the Dallas/Fort Worth International Airport Code of Rules and
Regulations to a federal or state statute, rule, or regulation includes all amendments to such statute, rule, or
regulation made after the effective date of this Chapter All categorical pretreatment standards,
pretreatment requirements, lists of toxic pollutants, industrial categories, and other applicable regulations
promulgated by the EPA or the TCEQ, including all future amendments of same, are hereby incorporated
into this Chapter
SECTION 2
DISCHARGE PROHIBITIONS AND LIMITS
SECTION 2 1 PROHIBITED DISCHARGES
(A) General Prohibitions
No User shall introduce or cause to be introduced into the Airport Wastewater System or the
POTW any pollutant or wastewater capable of causing Pass Through or Interference These
general prohibitions and the specific prohibitions in paragraph (B) of this Section apply to each
User of the Airport Wastewater System or the POTW whether or not the User is subject to
categorical pretreatment standards or any other National, State, or local pretreatment
standards or requirements.
(B) Specific.Prohibitions
No person shall introduce or cause to be introduced into the Airport Wastewater System or the
POTW
(1) Any .Pollutant(s) which create a fire or explosive hazard in the Airport Wastewater System
and/or the POTW ncluding, but not limited to, wastestreams with a closed-cup
flashpoint of {ess than 140°F (b0°C) using the test methods specified in 40 CFR 261.21
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(2) Any substance or wastewater having a pH less than 5.5 or more than 11 0, or otherwise
capable of causing corrosive or structural damage to the Airport Wastewater System
and/or the POTW
(3) Solid or viscous substances in amounts capable of causing obstruction to the flow in the
Airport Wastewater System and/or 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 Airport Wastewater System and/or the POTW
(5) Wastewater having a temperature greater than 1.50°F (65°C), or which will inhibit
biological activity in the POTW treatment plant resulting in Interference, but in no case
wastewater which causes the temperature at the introduction into the POTW treatment
plant to exceed 104 F (40°C);
(b) 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 Airport
Wastewater System and/or the POTW a quantity that may cause acute worker health
and safety problems.
(8) Any trucked or hauled septage waste, wastewater or pollutants}, except at discharge
points designated by Chief Executive Officer in accordance with these Rules and
Regulations;
(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 POTW's and/or Airport Wastewater System s waste or
sanitary sewer. conveyance facilities for inspection 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 POTW treatment plant's effluent, thereby violating the applicable
TPDES permit;
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(11) Wastewater containing any radioactive wastes or isotopes except in compliance with
applicable State or Federal regulations;
(12) Storm water 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 Chief Executive
Officer and the Control Authority
(13) Medical wastes, except as specifically authorized by Chief Executive Officer in a
wastewater discharge permit;
(14) Fats, oils, or greases of animal or vegetable origin in concentrations exceeding 200 mg/I,
(15) Garbage that is not properly shredded to such an extent that all particles will be carried
freely under the flow conditions normally prevailing in wastewater mains, with no particle
having greater than one-half (1/2") inch cross-sectional dimension,
(16) Wastewater or industrial waste generated or produced outside the Airport, unless
approval in writing from the Chief Executive Officer has been given to the person
discharging the waste
(C) Pollutants, substances or wastewater prohibited by th ection shall not be processed or stared
in such a manner that they could be discharged to the D/FW Airport System and/or the POTW
SECTION 2 2. NATIONAL CATEGORICAL PRETREATMENT STANDARDS
(A) The national categorical pretreatment standards which appear in 40 CFR Chapter 1, Subchapter
N Parts 405-471 shall apply in addition to all applicable pretreatment standards and
requirements set forth in 40 CFR 403 and these Rules and Regulations. A User shall not
discharge in violation of any applicable categorical pretreatment standards.
(B) Existing Sources and new or existing industrial Users who are or may be included in an industrial
subcategory to which categorical standards apply shall comply with the procedures and
requirements set forth in 40 CFR 403.6 and any applicable limits or requirements imposed by
the Chief Executive Officer
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SECTION 2-3. LOCAL LIMITS
(A) The following specific limits are established, in accordance with local limits in the Control
Authority's TPDES permit for the CRWS, to protect against Pass Through and Interference. No
person or User shall discharge or cause or permit to be discharged wastewater containing in
excess of the following instantaneous maximum allowable discharge limits:
POLLUTANT LIMIT (MG/L)
Arsenic 0.2
Cadmium 0 1
Chromium 2.9
Copper 2.3
Cyanide 0.5
Lead 0 9
Mercury 0 0004
Molybdenum 0.2*
Nickel 4.6
Selenium 0.2
Silver 0 8
Zinc 8.0
Oil nd grease 200
TTO 2.13
Molybdenum has been pulled from the Sludge 503 Regulations and is currently held in
reserve Limit will not be used nor enforced unless criteria is reinstated for beneficial reuse
The above limits apply at the Individual User's point of discharge, i e the points} where the
wastewater is discharged to the Airport's system All concentrations for metallic substances are
for 'total metal unless indicated otherwise
(B) The Chief Executive Officer may impose mass limitations n addition to, or in place of the
concentration-based limitations above
SECTION 2-4 RIGHT TO ESTABLISH REGULATIONS OR MORE STRINGENT REQUIREMENTS
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The Board reserves the right to establish, by rules and regulations, lawful order or wastewater discharge
permits, more stringent standards or requirements than those set forth in the preceding section on
discharges to the Airport Wastewater System and/or the POTW Additionally the Board may establish
further rules and regulations and the Chief Executive Officer may establish further procedures not in conflict
with these Rules and Regulations.
SECTION 2 5. APPLICABILITY OF MORE STRINGENT REGULATIONS OR DISCHARGE LIMITS
(A) If national pretreatment standards, categorical or otherwise, more stringent than the discharge
limits prescribed in this Chapter are promulgated by the United States Environmental
Protection Agency for certain industries or Users, the more stringent national pretreatment
standards will apply to the. affected persons/Users. A violation of the more stringent national
pretreatment standards will also be considered a violation of these Rules and Regulations.
(B) A User at the Airport who discharges industrial waste ultimately received and treated by
another governmental entity pursuant to a wholesale wastewater contract or a reciprocal
agreement with the Board is subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits than those prescribed by
this Chapter or by a discharge permit issued under this Chapter because the United
States Environmental Protection Agency requires the more stringent discharge limits as
part of the governmental entity's wastewater pretreatment program, the more stringent
discharge limits shall preva I
(2) The Chief Executive Officer is authorized to issue a discharge permit to a User affected by
Subsection (1 ), to assure notice of and compliance with the more stringent discharge
limits. If the User already has a discharge permit, the Chief Executive Officer may amend
or reissue the permit to apply and enforce the more stringent discharge limits. An
affected User shall submit to the Chief Executive Officer an expected compliance date
and an installation schedule if the more stringent discharge limits necessitate
technological or mechanical adjustments to the User's facilities or business operations at
the Airport. An affected User(s). shall be g ven reasonable opportunity to comply with the
.more stringent discharge limit(s).
(3) The more stringent discharge limits cease to apply upon termination of the Board's
wholesale wastewater contract or reciprocal agreement with the governmental entity or
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upon modification or elimination of the limits by the government entity or the United
States Environmental Protection Agency The Chief Executive Officer will take
appropriate action to notify affected User(s) of an occurrence under this Subsection (3).
SECTION 2-6. VARIANCES IN COMPLIANCE DATES
The Chief Executive Officer may grant a variance compliance dates to an affected User when, in the Chief
Executive Officer's opinion, such action is necessary to achieve pretreatment or corrective measures. In no
case shall the Chief Executive Officer grant a variance in compliance dates to an industry/User affected by
national categorical pretreatment standards beyond the compliance dates established by the United States
Environmental Protection Agency
SECTION 2 7 DILUTION PROHIBITED
(A) 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 or pretreatment standard unless expressly authorized to do so by an
applicable pretreatment standard or requirement.
(B) The Chief Executive Officer 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
SECTION 2-8 BOD OR TSS LOADING
(A) No person shall discharge wastewater containing a BOD or TSS loading that is capable of
causing the Board's prorata share of the total BOD or TSS loading to the Central Regional
Wastewater System (CRWS) to exceed the Board's prorata share of the total flow to the CRWS.
(Example If the Board contributes 25% of the total wastewater flow to the CRWS, the Board's
cumulative BOD or TSS loading to the CRWS, as measured at the Board's points of entry to the
CRWS, shall not exceed 25% of the total BOD or TSS loading to the CRWS)
(B) Any User with a wastewater strength capable of causing the Board's cumulative wastewater
loading, at the Board's point(s) of entry to the CRWS, to exceed the Board's prorata share of
the total wastewater loading based upon flow may be required to provide pretreatment
measures to reduce the User's wastewater strength to an acceptable level.
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SECTION 3
PRETREATMENT OF WASTEWATER
SECTION 3-1 PRETREATMENT FACILITIES
(A) Users shall provide wastewater treatment or pretreatment as necessary to comply with these
Rules and Regulations and shall achieve compliance with any applicable categorical
pretreatment standards, local limits, and prohibitions set out in Section 2 1 of these Rules and
Regulations within the time limitations specified by EPA, the State, the Control Authority or the
Chief Executive Officer whichever are more stringent.
(B) The User shall provide, operate, and maintain any facilities or equipment necessary for
compliance at the User's expense. The Chief Executive Officer may require a User to submit
detailed plans describing such facilities and operating procedures to the Chief Executive Officer
for review 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 Board under the provisions of these Rules and Regulations.
SECTION 3-2. ADDITIONAL PRETREATMENT MEASURES
Whenever deemed necessary the Chief Executive Officer niay require•
(1) Any User to restrict its discharge during peak flow periods, to discharge certain wastewater only
into designated conveyances or sewers, to relocate nd/or consolidate points of discharge, to
separate sewage wastestreams from industrial wastestreams, and to comply with such other
conditions as the Chief Executive Officer determines may be necessary to protect the Airport
Wastewater System and/or the POTW or to determine the User's compliance with these Rules and
Regulations;
(2) Any person discharging into the Airport Wastewater System and/or the POTW or any occupant or
lessee of any property or premises on the Airport to install and maintain on that person s premises
or site, at the person s expense, a suitable storage and flow-control facility to ensure equalization
of flow A wastewater discharge permit may be issued solely for flow equalization.
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(3) Any person, User or occupant or lessee of any property or premises on the Airport to install and
maintain on that persons premises or site grease, oil, and/or sand interceptors when, in the
opinion of the Chief Executive Officer such traps or interceptors are necessary for the proper
handling of wastewater containing excessive amounts of grease and oil, or sand. All interception
units shall be of type and capacity approved by the Chief Executive Officer and shall be so located
to be easily accessible for cleaning and inspection. Unless provided otherwise by the Board or
Chief Executive Officer such interceptors shall be installed, maintained, inspected, cleaned, and
repaired regularly as needed, by the User at its expense;
(4) Any User with the potential to discharge flammable substances to install and maintain an approved
combustible gas detection meter or other control device as deemed necessary by the Chief
Executive Officer
SECTION 3-3. ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS
(A) At least once every two (2) years, the Chief Executive Officer and/or Control Authority shall
evaluate whether each permitted Significant Industrial User needs a plan to control slug
discharges. The Chief Executive Officer may require any User to develop, submit for approval,
and implement such a plan Alternatively the Chief Executive Officer may develop such a plan
for any User Any accidental discharge or slug control plan required pursuant to these Rules
and Regulations shall address, at a minimum, the following:
(1) Description of discharge practices, ncluding nonroutine batch discharges;
(Z) Description of stored chemicals;
(3) Procedures for immediately notifying the Chief Executive Officer and/or Control Authority
of any slug discharge, as required by Section b-b of this Chapter and
(4) Procedures to prevent adverse impact from any 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
(B) [Reserved ]
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SECTION 3-4 HAULED SEPTAGE OR INDUSTRIAL WASTE
(A) Septage waste.
(1) A person commits an offense if he discharges hauled septage waste into the Airport
Wastewater System and/or the POTW except at such locations as are designated by the
Chief Executive Officer and at such times as are established by the Chief Executive
Officer Such waste shall not violate any provision of Section 2 of this Chapter or any
other requirements established by the Chief Executive Officer The Chief Executive
Officer may require septage waste haulers to obtain wastewater discharge permits.
(2) The Chief Executive Officer may collect samples of each hauled load to ensure
compliance with applicable standards. The Chief Executive Officer may require a
septage waste hauler to provide a waste analysis of any load prior to discharge
(B) Industrial Waste
(1) In order to ensure that trucked industrial waste is not being discharged into the Airport
Wastewater System and/or the POTW the Chief Executive Officer may require any User
who generates such waste to report the type and amount of the waste, and the location
and manner of its disposal
(2) The Chief Executive Officer may collect samples of each hauled load to ensure
compliance with applicable standards. The Chief Executive Officer may require an
industrial waste hauler to provide a waste analysis of any load prior to discharge
(3) A person commits an offense if the person generates industrial waste and fails to make
reports or provide waste analysis as required by the Chief Executive Officer pursuant to
subsection (B).
SECTION 4
PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS
SECTION 4-1 WASTEWATER ANALYSIS
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When so requested by the Chief Executive Officer a User must submit information on the nature and
characteristics of its wastewater to the Chief Executive Officer within ten (10) working days following receipt
of the request. The Chief Executive Officer is authorized to prepare a form or checklist for this purpose and
may periodically require the User to update this information.
SECTION 4-2. WASTEWATER DISCHARGE PERMIT REQUIRED
(A) A Significant Industrial User ("SIU') commits an offense if the SIU discharges, or allows the
discharge of industrial waste or wastewater into the Airport Wastewater System and/or the
POTW without first obtaining and maintaining a valid wastewater discharge permit from the
Chief Executive Officer except that a SIU that has filed a timely application pursuant to Section
4-5 of these Rules and Regulations may continue to discharge for the time period specified in
that section.
(B) The Chief Executive Officer may require other Users to obtain wastewater discharge permits as
the Chief Executive Officer may deem necessary to carry out the purposes and objectives of
these Rules and Regulations.
(C) Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a
violation of these Rules and Regulations and subjects the wastewater discharge permittee to
the sanctions and enforcement actions set out n this Chapter
(D) Obtaining a wastewater discharge permit does not relieve a person of the obligation to comply
with II applicable federal and state pretreatment standards or requirements or with any other
applicable requirements of federal, state or local law
SECTION 4-3. PERMITS FOR EXISTING SOURCES
(A) Any User required to obtain a wastewater discharge permit who was discharging wastewater
into the Airport Wastewater System and/or the POTW prior to the Effective Date of these Rules
and Regulations and who wishes or reasonably expects to continue such discharges in the
future shall apply to the Chief Executive Officer for a wastewater discharge permit in
accordance with Section 4-5 of these Rules and Regulations.
(B) An existing User commits an offense if the User causes or allows discharges to the Airport
Wastewater System and/or the POTW to continue after ninety (90) days of the Effective Date of
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this Chapter except in accordance with a wastewater discharge permit issued under these Rules
and Regulations.
SECTION 4-4 PERMITS FOR NEW SOURCES
Any User or New Source required to obtain a wastewater discharge permit who proposes to begin or
recommence discharging into the Airport Wastewater System and/or the POTW shall obtain a valid permit
prior to beginning or recommencing any discharge. An application for a wastewater discharge permit shall
be filed in accordance with Section 4-5 of this Chapter prior to the date upon which any discharge will or is
reasonably expected to begin or recommence
SECTION 4-5. PERMIT APPLICATION PROCESS
(A) Notwithstanding the provisions of any other section of this Section IV any User notified by the
Chief Executive Officer that a wastewater discharge permit is required shall submit a completed
application in accordance with this Section and within the time limits set forth in the notice
Unless otherwise provided in this Section 4 a person notified by the Chief Executive Officer
that a wastewater discharge permit is required shall not discharge to the Airport Wastewater
System and/or the POTW without a wastewater discharge permit after sixty (60) days from the
date the person received notice of the permit requirement.
(B) Any person required to obtain wastewater d scharge permit shall submit a permit application
by completing any application form(s) provided or req ed by the Chief Executive Officer
Incomplete or inaccurate applications will not be processed and will be returned to the
applicant for revision
(C) The Chief Executive Officer may require any or all Users to submit as part of an application the
following information.
(1) All information required by Section b-1 (Baseline Monitoring Reports) of these Rules and
Regulations;
(2) Description of activities, facilities, nd plant processes on the applicant's/User's premises or
ite including a list of all raw materials and chemicals used or stored at the premises or
location which are, or could accidentally or intentionally be, discharged to the Airport
Wastewater System and/or the POTW
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(3) Number and type of employees, .hours of operation, and proposed or actual hours of
operation,
(4) Each product produced by type, amount, process or processes, and rate of production,
(S) Type and amount of raw materials processed (average and maximum per day);
(b) 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;
(7) Time and duration of anticipated discharges; and
(8) Any other information as may be deemed necessary by the Chief Executive Officer to
evaluate the wastewater discharge permit application
SECTION 4-b. SIGNATORIES AND CERTIFICATION REQUIREMENTS
All wastewater discharge permit applications and User reports required to be submitted or maintained
under these Rules and Regulations o a permit or order issued under this Chapter shall be signed by an
Authorized Representative of the User as stated n 40 CFR 403 12(I), shall be subject to the provisions of 40
CFR 403 12(n) governing fraud and false statem nts, and shall contain the following certification statement:
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.
Signature of this statem nt in noway diminishes the enforceability of these Rules and Regulations.
SECTION 5
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS
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SECTION 5-1 WASTEWATER DISCHARGE PERMIT DECISIONS
(A) The Chief Executive Officer will evaluate the information and data furnished by the User's
application and may require the applicant to submit additional information.
(B) Within a reasonable period, generally not to exceed seventy-five (75) days, following receipt of
a complete wastewater discharge permit application, the Chief Executive Officer will determine
whether or not to issue a wastewater discharge permit.
(C) The Chief Executive Officer may deny any application for a wastewater discharge permit.
SECTION 5-2. WASTEWATER DISCHARGE PERMIT DURATION
(A) A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5)
years from the effective date of the permit. A wastewater discharge permit may be issued for a
period less than five (5) years at the discretion of the Chief Executive Officer
(B) Each wastewater discharge permit will indicate a specific date upon which it will expire.
(C) A wastewater discharge permit shall be voidable upon cessation of operations or transfer of
User ownersh p and void if the transfer requirements of Section 5-5 are not satisfied
(D) All wastewater discharge permits issued to a particular User are void upon the issuance of a
new wastewater discharge permit to that User
SECTION 5-3. WASTEWATER DISCHARGE PERMIT CONTENTS
(A) A wastewater discharge permit shall include such conditions as are required by applicable law
including these Rules and Regulations, or by the Wastewater Service Contract, or as are
deemed reasonably necessary by the Chief Executive Officer to prevent Pass Through or
Interference protect the quality of the water body receiving the POTW treatment plant's
effluent, pro#ect worker health and safety facilitate sludge management and disposal, and
protect against damage to the Airport Wastewater System and/or the POTW
(B) A wastewater discharge permit shall conta n
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(1) A statement that indicates the permit's duration;
(2) A statement that the permit is nontransferable without prior notification to the Board in
accordance with Section 5-5 of these Rules and Regulations,. and provisions for furnishing
the new owner or operator of the User with a copy of the existing wastewater discharge
permit.
(3) Effluent limits based on applicable pretreatment standards;
(4) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These
requirements shall include an identification of pollutants to be monitored, sampling
location, sampling frequency and sample type, based on applicable federal, state, and local
law• and
(5) A statement of applicable civil and criminal penalties for iolation of pretreatment
standards, and requirements, and ny applicable compliance schedule Such schedule may
not extend the time for compliance beyond that required by applicable federal state, or
local law
(C) Wastewater discharge permits may also contain without limitation, the following conditions:
(1) Limits on the average nd/or maximum rate of discharge time of discharge and/or
requirements for flow regulation and equalization
(2) 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 Airport Wastewater System and/or the POTW
(3) 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;
(4) Development and implementation of waste m imization plans to reduce the amount of
pollutants discharged to the Airport Wastewater System and/or the POTW
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(5) The unit charge or schedule of User charges and fees for the management of the
wastewater discharged to the Airport Wastewater System and/or the POTW
(b) Requirements for installation and maintenance of inspection, flow and sampling facilities
and/or equipment;
(7) A statement that compliance with the 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 wastewater
discharge permit; and
(8) Other conditions as deemed appropriate by the Chief Executive Officer to ensure
compliance with these R les and Regulations or with any applicable federal or state laws,
rules, and regulations.
SECTION 5-4 WASTEWATER DISCHARGE PERMIT MODIFICATION
The Chief Executive Officer may modify a wastewater discharge permit for good cause including, but not
limited to, the following reasons:
(A) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements, or any new or revised requirements of the Wastewater Service Contract;
(B) To address significant alterations or additions to the User's operation, processes, or wastewater
volume or character since the time of wastewater discharge permit ssuance,
(C) A change the Airport Wastewater System and/or the POTVV that requires either a temporary
or permanent reduction or elimination of the authorized discharge,
(D) Information indicating that the permitted discharge poses a threat to the Airport Wastewater
System, any portion of the POTW POTW or Board personnel, the general public, or the
receiving waters;
(E) Violation of any terms or conditions of the wastewater discharge permit o these Rules and
Regulations,
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(F) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge
permit application or in any required documents or reports;
(G) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR
403.13,
(H) To correct typographical or other errors in the wastewater discharge permit; or
(I) To reflect a transfer of the User's ownership or operation to a new owner or operator
SECTION 5-5. WASTEWATER DISCHARGE PERMIT TRANSFER
(A) A wastewater discharge permit issued may be transferred to a new owner or operator only if
the permittee gives advance notice of transfer to the Chief Executive Officer and the Chief
Executive Officer approves the permit transfer Failure to provide advance notice of a transfer
renders the wastewater discharge permit void as of the date of transfer to the new owner(s) or
operator(s).
(B) The notice of intent to transfer must include a written certification, in accordance with Section
4-b of this Chapter by the new owner or operator that:
(1) States that the new owner and/or operator has no immediate intent to change the
operations and processes of the permitted facility premises, or site,
(2) Identifies the specific date on which the transfer is to occur and
(3) Acknowledges and agrees to assume full responsibility for complying with the terms and
conditions of the existing wastewater discharge permit(s) and the requirements of these
Rules and Regulations.
SECTION 5-b. GROUNDS FOR PERMIT SUSPENSION OR REVOCATION
The Chief Executive Officer may suspend or revoke a wastewater discharge permit for good cause,
ncluding, but not limited to the following reasons:
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(1) Failure to notify the Chief Executive Officer of significant changes to the wastewater prior
to the changed discharge,
(2) Failure to provide prior notification to the Chief Executive Officer of changed conditions
pursuant to Section 6-5 of these Rules and Regulations;
(3) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge
permit application;
(4) Falsifying self-monitoring. or other required documentation or reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the Chief Executive Officer timely access to the permittee s facility
premises, site, and/or records;
{7) Failure to meet effluent limitations;
(8) Failure to pay fines or comply with any other terms or conditions imposed by lawful order
under these Rules and Regulations;
(9) Failure to pay charges imposed on the permittee nder this Chapter or pursuant to the
Board's Schedule of Charges, as amended,
{10) Failure to meet compliance schedules;
{11)Failure to complete or to timely submit a wastewater survey/analysis or wastewater
discharge permit application,
(12) Failure to provide advance notice of the transfer of ownership or operation of a permitted
facility premises, or site; or
(13)Violation of any pretreatment standard or requirement or of any terms of the wastewater
discharge permit or these Rules and Regulations, or of any lawful order issued pursuant to
this Chapter
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SECTION 5-7 WASTEWATER DISCHARGE PERMIT REISSUANCE
(A) A User with an expiring wastewater discharge permit shall apply for wastewater discharge
permit reissuance by submitting a complete permit application, in accordance with Section 4 of
these Rules and Regulations, prior to the expiration of the User's existing permit.
(B) If the User submits an application in compliance with this Chapter and the failure bf the Chief
Executive Officer to reissue a permit prior to the expiration of the previous permit is not due to
any act or omission of the User then the expired permit shall continue to be effective and
enforceable until reissued or revoked
SECTION 6
REPORTING REQUIREMENTS
SECTION 6-1 BASELINE MONITORING REPORTS
(A) Deadlines for submission of reports
(1) Existing Categorical Users
Within either one hundred eighty (180} days after the effective date of a categorical
pretreatment standard, or the fi aI administrative decision on a category determination under
40 CFR 403 6(a)(4), whichever is later existing Users subject to such categorical pretreatment
standards and currently discharging to or scheduled to discharge to the POTW shall submit to
the Chief Executive Officer a report which contains the information listed in subsection (B),
below
(2) New Sources and New Categorical Users
At least ninety (90) days prior to commencement of discharge, New Sources and sources that
become. categorical Users subsequent to the promulgation of an applicable categorical
standard, shall submit to the Chief Executive Officer a report which contains the information
listed in subsection (B), below A New Source shall report the method of pretreatment the
source 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
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(B) Users described above shall submit the following information:
(1) Identifying Information
The name and address of the User including the location of its Airport site or premises and the
name of the operator and owner
(2) Environmental Permits
A list of any environmental control permits held by or for the User for or including its Airport
location, facility site, or premises.
(3) Description of Operations
A brief description of the nature, average rate of production, and Standard Industrial
Classifications of the operation(s) carried out by such User This description should include a
schematic process diagram that indicates points of discharge to the Airport Wastewater System
and/or the POTW from the regulated processes.
(4) Flow Measurement
Information showing the measured or estimated average da ly and maximum daily flow in
gallons per day to the Airport Wastewater System and/or the POTW from regulated process
streams and other streams, as necessary to allow use of the combined wastestream formula. set
out in 40 CFR 403.6(e)
(S) Measurement of Pollutants
(a) The categorical pretreatment standards applicable to each regulated process.
(b) The results of sampling and analysis identifying the nature and concentration, and/or
mass, where required by the standard or by the Chief Executive Officer of regulated
pollutants in the discharge from each regulated process. Instantaneous, daily
maximum, and long-term average concentrations, or mass, where required, shall be
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reported. The sample shall be representative of daily operations and shall be analyzed
in accordance with procedures set out in Section 6-10 of these Rules and Regulations.
(c) Sampling shall be performed in accordance with procedures set out in Section b-11 of
these Rules and Regulations.
(b) Certification
A statement, reviewed by an Authorized Representative of the User 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.
(7) 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
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 b-2 of these Rules and Regulations.
(8) Signature and Certification
All baseline monitoring reports must be signed nd certified accordance with Section 4-b of
these Rules and Regulations.
SECTION 6-2. COMPLIANCE SCHEDULE AND PROGRESS REPORTS
The following conditions shall apply to any compliance schedule required by Section 6-1(B)(7) of this
Chapter-
(A) The schedule shall contain progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of additional
pretreatment required for the User to meet the applicable pretreatment standards (e g., hiring
an engineer completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting routine operation);
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(B) No increment referred to in subsection (A) above shall exceed nine (9) months;
(C) The User shall submit a progress report to the Chief Executive Officer no later than fourteen
(14) days following each date in the schedule and the final date of compliance including, at a
minimum, whether or not the User 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
(D) In no event shall more than nine (9) months elapse between such progress reports to the Chief
Executive Officer
SECTION b-3 REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT STANDARD
DEADLINE
(A) Within ninety {90) days following the date for final compliance with applicable categorical
pretreatment standards, or in the case of a New Source following commencement of the
introduction of wastewater into the POTW any User subject to such pretreatment standards
and requirements shall submit to the Chief Executive Officer a report containing the information
described in Section b-1(B)(4)-(B)(b) of these Rules and Regulations.
(B) For Users subject to equ valent mass or concentration limits established in accordance with the
procedures in 40 CFR 403 b(c) this report shall contain a reasonable measure of the User's
long-term production rate
(C) 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 nciude the User's actual production during the appropriate sampling period.
(D) All compliance reports must be signed and certified in accordance with Section 4-b of these
Rules and Regulations.
SECTION b-4 PERIODIC COMPLIANCE REPORTS
(A) All Significant Industrial Users shall, at a frequency determined by the Chief Executive Officer
but in no case less than twice per year submit a report contain ng at a minimum
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(.1) The nature and concentration of pollutants in the discharge which are limited by
pretreatment standards; and
(2) The measured or estimated average and maximum daily flows for the reporting period.
(B) All periodic compliance reports shall be signed and certified in accordance with Section 4-6 of
these Rules and Regulations.
(C) All wastewater samples shall 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 facilities or equipment 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 thin section monitors ny pollutant more
frequently than required by the Chief Executive Officer the results of this monitoring shall be
included irrthe report.
(E) At the Chief Executive Officer's discretion, sampling and analysis may be performed by the
Board and/or Control Authority rather than by the User(s)
(F) The Board or Chief Executive Officer may require appropriate reporting from those industrial
users or persons with discharges that are not subject to categorical pretreatment standards.
Significant noncategorica) industrial users shall submit to the Chief Executive Officer at least
once every six months (on dates specified by the Chief Executive Officer) a description of the
nature, concentration, and flow of the pollutants required to be reported by the Chief Executive
Officer These reports shall be based on sampling and analysis performed in the period
covered by the report, and performed in accordance with the techniques described in 40 CFR
Part 136 and amendments thereto Where 40 CFR Part 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the TCEQ and/or EPA determines
that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in
question, sampling and analysis shall be performed- by using validated analytical methods or any
other applicable sampling and analytical procedures, including procedures suggested by the
POTW or other persons, approved by the TCEQ and/or EPA. This sampling and analysis may
be performed by the Chief Executive Officer lieu of the significant noncategorica) industrial
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user Whe"re the POTW itself collects all the information required for the report, the
noncategorical significant industrial user will not be required to submit the report.
SECTION 6-5. REPORTS OF CHANGED CONDITIONS
(A) Each User must notify the Chief Executive Officer of any planned significant changes to the
User's operations or system(s) which might alter the nature, quality or volume of User's
wastewater such notice to be provided in writing before the change is made
(B) The Chief Executive Officer 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 4-5 of these Rules and Regulations.
(C) The Chief Executive Officer may issue a wastewater discharge permit under Section 5-2 or
modify an existing wastewater discharge .permit under Section 5-4 in response to changed
conditions or anticipated changed conditions.
(D) For purposes of this requirement, significant changes include, but are not limited to, flow
ncreases of twenty percent (20%) or greater and the discharge of any previously unreported
pollutants.
SECTION 6-6. REPORTS OF ACCIDENTAL DISCHARGES OR POTENTIAL PROBLEMS
(A) In the case of any discharge capable of causing problems for the POTW including without
limitation upset, accidental discharges, discharges of a nonroutine, episodic nature a
nonroutine batch discharge or a slug load, the User shall immediately telephone and notify the
Chief Executive Officer and/or the Vice President of the Boards Environmental Affairs
Department (or other authorized representative(s) designated by the Chief Executive Officer) of
the incident. This notification shall include the location of the discharge, type of waste or
substance, concentration and volume, if known, and corrective actions taken by the User
(B) Within five (5) days following such discharge, unless waived by the Chief Executive Officer or
the Vice President of the Board's Environmental Affairs Department (or other authorized
representative designated by the Chief Executive Officer), the User shall submit a detailed
written report which. specifies:
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(1) A description and cause of the discharge, including location of the discharge, type,
concentration and volume of water and
(2) All measures taken or to be taken by the User to reduce, eliminate, and prevent
continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or
similar occurrences.
(C) Such notification shall not relieve the User of any expense, loss, damage, or other liability which
may be incurred as a result of damage to the Airport Wastewater System 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 these Rules and
Regulations.
(D) A notice shall be permanently posted on the User's bulletin board or other prominent place
advising employees whom to call in the event of a discharge described in subsection (A) above.
Employers shall ensure that all employees who may cause or witness such a discharge are
advised of the emergency notification procedure
SECTION b-7 REPORTS FROM NON-PERMITTED USERS
All persons/Users conducting operations or business at the Airport, whether or not the person/User has or is
required to obtain a wastewater discharge permit, shall provide appropriate reports to the Chief Executive
Officer as the Chief Executive Officer may require.
SECTION b-8. NOTIFICATION OF VIOLATION BASED ON SELF-MONITORING
If monitoring sampling, or wastewater analysis performed by or for a User indicates that a violation of this
Chapter or a permit issued to User under this Chapter has occurred, the User shall:
(A) Inform the Chief Executive Officer and/or the Vice President of the Boards Environmental
Affairs Department (or other authorized representative designated by the Chief Executive
Officer) of the violation within twenty-four (24) hours of the User's becoming aware of the
violation,
(B) Within thirty (30) days after becoming aware of the violation, unless waived by the Chief
Executive Officer or the Vice President of the Board's Environmental Affairs Department (or
other authorized representative designated by the Chief Executive Officer), submit to the Chief
Executive Officer or to the authorized representative designated by the Chief Executive Officer
a report that addresses:
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(1) the time, date, location, processes, and operations associated with the violation, and
the personnel assigned responsibility and/or present during the violation;
(2) the cause or probable cause of the noncompliance, and
(3) the actions taken and implemented to meet permit conditions;
(C) Repeat the sampling and pollutant analysis and submit to the Chief Executive Officer or to the
authorized representative designated by the Chief Executive Officer the results of this repeat
analysis within thirty (30) days after becoming aware of the violation The User is not required
to resample if the Chief Executive Officer monitors or performs sampling at the User's facility
premises, or ite(s) at least once a month, or if the Chief Executive Officer samples between the
User's initial sampling and the time when the User receives the results of this sampling
SECTION 6-9 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE
(A) Pursuant to 40 CFR 403 12(p), any User who commences the discharge of hazardous waste shall
notify the Chief Executive Officer the Control Authority the EPA Region VI 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
(1) Such. notification shall nclude the name of the hazardous waste as set forth in 40 CFR
Part 2b1 the EPA hazardous waste number and the type of discharge (continuous,
batch or other)
(2) 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
nformation known and. readily available to the User• an identification of the
hazardous constituents contained the wastes, an estimation of the mass an
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 twelve (12) months.
(3) All notifications shall take place no later than one hundred and eighty (180) days after
the discharge commences. Any notification under this Subsection (A) need be
submitted only once for each hazardous waste discharged. However notifications of
changed conditions must be submitted under Section b-S of these Rules and
Regulations. The notification requirement in this section does not apply to pollutants
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already reported by Users subject to categorical pretreatment standards under the self-
monitoring requirements of Sections b-1 6-2, and b-3 of these Rules and Regulations.
(B) A discharger is exempt from the requirements of subsection (A) during a calendar month in
which it discharges no more than fifteen (15) kilograms of hazardous wastes, unless the wastes
are acute hazardous wastes specified in 40 CFR 261.30(d) and 261.33(e) Discharge of more
than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity
of acute hazardous wastes as specified n 40 CFR 261.30(d) and 261.33(e), requires cone-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 the Solid Waste Disposal Act, 42
USC§§ 6901 et seq as amended (also known as RCRA'), identifying additional characteristics
of hazardous waste or listing any additional substance as a hazardous waste, the User shall
notify the Chief Executive Officer the Control Authority the EPA Region VI Waste Management
Waste Division Director and State hazardous waste authorities of the discharge of such
substance within ninety (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 Section does not create a right to discharge ny substance not otherwise permitted to be
discharged by these Rules and Regulations, a permit issued thereunder or any applicable
federal or state law
SECTION 6-10. ANALYTICAL REQUIREMENTS
Alt 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, 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, sampling and. analyses must
be performed in accordance with procedures approved by EPA.
SECTION 6-11 SAMPLE COLLECTION
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(A) Except as indicated in subsection (B), the User must collect wastewater samples using flow
proportional composite collection techniques. In the event flow proportional sampling is not
feasible, the Chief Executive Officer may authorize the use of time proportional sampling or a
minimum of four (4) grab samples where the User demonstrates that this will provide a
representative sample of the effluent being discharged In addition, grab samples may be
required to show compliance with instantaneous discharge limits.
(B) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic
compounds shall be obtained using grab collection techniques.
SECTION 6-12. DATE REPORTS DEEMED RECEIVED
Written reports and other documents submitted to the Chief Executive Officer pursuant to these Rules and
Regulations or a permit or lawful order issued hereunder will be deemed to have been submitted on the
date postmarked. For reports or documents that are not mailed, postage prepaid, into a mail receptacle
serviced by the United States Postal Service, the date of actual receipt of the document shall govern.
SECTION b-13. RECORD-KEEPING REQUIREMENTS
(A) Any and all Users ubject to the reporting requi ements of these -Rules and Regulations shall
maintain, retain, and make available for spection and copying upon request by the Chief
Executive Officer the Control Authority and/or the Approval Authority and at a single location,
all records of information obtai ed pursuant to r resulting from any monitoring activities
required by these Rules and Regulations and any additional rds of nformation obtained
pursuant to monitoring activities undertaken by or for the User independent of such
requirements.
(B) 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.
(C) These recdrds shall remain available to the Board and/or Chief Executive Officer for a period of
at least three (3) years. This retention period shall be automatically extended for the duration of
any relevant litigation concerning the User or the Board, its owner cities, and/or the Control
Authority or where the User has been specifically notified of a longer retention period by the
Chief Executive Officer
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SECTION 7
COMPLIANCE MONITORING
SECTION 7 1 RIGHT OF ENTRY INSPECTION AND SAMPLING
The Chief Executive Officer and/or the Control Authority TCEQ, or EPA or their designated
representative(s) shall have the right to enter any User's facility premises, or site on the Airport to
determine whether the User is complying with all requirements of these Rules and Regulations and any
wastewater discharge permit or order issued hereunder Users shall allow all such representatives ready
access to all parts of the premises for the purposes of inspection, observation, measurement, monitoring,
testing, sampling, records examination and copying, and the performance of any additional duties or
activities the representative deems necessary
(A) Where a User has security measures in force which require proper identification and clearance
before entry into its premises or site the User shall make necessary arrangements with its
security guards so that, upon presentation of suitable identification, the representatives of the
Board, Control Authority TCEQ or EPA will be permitted to enter without delay for the
purposes of performing specific esponsibilities.
(B) The Chief Executive Officer and/or Control Authority shall have the right to set up or install or
require nstallation of on a User's/person s facility premises, or ite at the Airport such devices
as the Chief Executive Officer and/or Control Authority deem(s) necessary to conduct sampling
and/or metering of the User s/person operations. All such amp! ng and analysis performed
by the Board and/or Control Authority to monitor compliance shall be at the expense of the
User unless the Chief Executive Officer determines otherwise
(C} The Chief Executive Officer and/or Control Authority may requ re a User or any person who
occupies or leases any facility premises, or property at the Airport to install monitoring
equipment as the Chief Executive Officer and/or Control Authority deem(s) necessary The
User's/person s sampling and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the User/person at its own expense All devices used to
measure wastewater flow and quality shall be calibrated at least annually to ensure their
accuracy
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(D) Any temporary or permanent obstruction to safe and easy access to the facility premises, or
site to be inspected and/or sampled shall be promptly removed by the User or person who
occupies or leases the subject property at the written or verbal request of the Chief Executive
Officer and/or Control Authority and shall not be replaced The costs of clearing such access
shall be borne by the User or person who occupies or leases the subject property
(E) Unreasonable delays in allowing the Chief Executive Officer Control Authority TCEQ or EPA
access to a User's/person s facility premises, or site at the Airport shall be a violation of these
Rules and Regulations.
SECTION 7 2. SEARCH WARRANTS
If the Chief Executive Officer and/or Control Authority 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 Chapter or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program of the Board designed to verify compliance with these Rules and Regulations or any
permit or order issued hereunder or to p otect the overall public health, safety and welfare of the
community then the Chief Executive Officer and/or Control Authority may seek issuance of a search
warrant from an appropriate court.
SECTION 8
CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION
SECTION 8-1 INFORMATION AVAILABLE TO PUBLIC
Information and data on a User obtained from reports, surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring programs, and from related 'inspection and sampling
activities, shall be available to the public without restriction, unless the User or person furnishing or claiming
ownership or control of such information or data specifically requests, and is able to demonstrate to the
satisfaction of the Board and/or the Attorney General of the State of Texas, that the release of such
information would divulge information, processes, or methods of production entitled to protection as trade
secrets under the Texas Public Information Actor other applicable law
SECTION 8-2. CLAIM OF CONFIDENTIALITY
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A person making an assertion of confidentiality must do so at the time the information or data is submitted,
as follows:
(A) A cover sheet, stamped or typed legend, or other form of written notice shall be placed on or
attached to the information, denoting it as 'trade secret, proprietary or confidential.
(B) If only portions of a document are alleged to be confidential, such portions shall be clearly
identified, and may be submitted separately to facilitate handling and identification by the Chief
Executive Officer or his designated representatives.
(C) If the submitter wants the information to remain confidential only to a certain date or until the
occurrence of a certain event, this shall also be clearly stated.
SECTION 8-3. AVAILABILITY FOR GOVERNMENTAL AND JUDICIAL USE
All submitted information will be made available promptly upon request to governmental agencies or
appropriate judicial or court officers for uses related to the Control Authority's or Board's TPDES permits,
programs or pretreatment program, and in enforcement proceedings involving the User or person
furnishing the information
SECTION 8-4 EFFLUENT DATA NOT CONFIDENTIAL
Wastewater constituents and characteristics nd other effluent data as defined by 40 CFR 2.302 will not
be recognized as confidential information and will be available to the pub! without restriction
SECTION 9
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE
The Chief Executive Officer or Control Authority shall have published annually in the largest daily
newspaper published in the municipality where the POTW is located and/or in the official newspaper(s) of
the Board, a list of the Users which, at any time during the previous twelve (12) months,. were n significant
noncompliance with applicable pretreatment standards and requirements. For purposes of this Section, the
term significant noncompliance shall mean.
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(A) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six
percent (66°~) or more of wastewater measurements taken during asix-month period exceed
the daily maximum limit or average limit for the same pollutant parameter by any amount;
(B) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent
(33%) or more of wastewater measurements taken for each pollutant parameter during a six
month period equals or exceeds the product of the daily maximum limit or the average limit
multiplied by the applicable criteria (1 4 for BOD TSS, fats, oils and grease, and 1.2 for all other
pollutants except pH);
(C) Any other discharge violation that the Chief Executive Officer and/or Control Authority believes
has caused, alone or in combination with other discharges, interference or pass through,
including endangering the health of POTW or Board personnel or the general public;
(D) Any discharge of pollutant(s) that has caused imminent endangerment to the public or to the
environment or has resulted in the Chief Executive Officer's or Control Authority's exercise of
its emergency authority to halt or prevent such a discharge,
(E) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone
contained in a wastewater discharge permit or enforcement order for starting construction,
completing construction, or attaining final compliance,
(F) Failure to provide within thirty (30) days after the due date, any requ red reports, such as
baseline monitoring reports, reports on compliance with categorical pretreatment .standard
deadlines, periodic self-monitoring reports, and reports on compliance with compliance
schedules
(G) Failure to accurately report noncompliance, or
(H) Any other violation(s) which the Chief Executive Officer and/or Control Authority determines
will adversely affect the operation or implementation of the local pretreatment program
SECTION 10
ADMINISTRATIVE ENFORCEMENT REMEDIES
SECTION 10-1 NOTICE OF VIOLATION
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(A) When the Chief Executive Officer finds that any person has violated, or continues to violate, any
provision of this Chapter or any wastewater discharge permit or order issued hereunder or any
other pretreatment standard or requirement, the Chief Executive Officer may issue or cause to
be .issued to such person a written Notice of Violation (NOV)
(B) Within the time frame specified in the NOV which is usually but not always, not later than the
tenth day after receipt of the notice, the person issued the notice of violation ("violator") shall
submit to the Chief Executive Officer or his designated representative as indicated by the
notice of violation, an explanation of the violation and a plan for the satisfactory correction and
prevention of a reoccurrence of the violation. Such plan shall include specific actions to be
taken by the violator
{C) If the violator denies that any violation occurred, or contends that no corrective action is
necessary he shall submit to the Chief Executive Officer or his designated representative, as
indicated by the notice of violation, no later than the date specified the NOV a written
explanation of the basis of any such denial or contention.
(D) Submission of an explanation and/or plan in no way relieves a person of liability for any
violations occurring before or after receipt of the notice of violation.
(E) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for taking any
other action against a iolator
SECTION 10-2. CONSENT ORDER
(A) The Chief Executive Officer may enter nto a consent order assurance of voluntary compliance,
or similar agreement with any person responsible for ncompliance with any provision of this
Chapter or any permit or lawful order issued hereunder
(B) Such agreement may include specific action to be taken by the violator to correct the
noncompliance within a time period specified by the agreement.
(C) Such agreements have the same force and effect as compliance orders and shall be judicially
enforceable
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SECTION 10-3. SHOW CAUSE HEARING
(A) The Chief Executive Officer may order any person or User who has violated or who continues to
violate any provision of this Chapter or any wastewater discharge permit or order issued
hereunder or any other applicable pretreatment standard or requirement, to appear before the
Chief Executive Officer and show cause why a proposed enforcement action should not be
taken.
(B) Notice of the show cause hearing shall be served on the person or 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 ten (10) days prior to the hearing If the hearing is rescheduled for
any reason, a revised notice shall be served at least three (3) days prior to the rescheduled
hearing date Such notice may be served on any authorized representative of the person or
User
(C) A show cause hearing shall not be a bar against, or a prerequisite for taking any other action
against a person or User
SECTION 10-4 COMPLIANCE ORDER
(A) When the Chief Executive Officer finds that any person has violated, or continues to violate, any
provision of this Chapter any permit or lawful order issued hereunder or any other applicable
pretreatment standard or requirement, the Chief Executive Officer may issue a compliance
order to such person or User directing it to come into compliance within a specified time limit.
If the person or User does no# come into compliance within the time provided, the
person s/User's sewer service may be discontinued unless adequate treatment facilities,
devices, or other related appurtenances are installed and properly operated
(B) Compliance orders may contain other requirements to address noncompliance, including
additional management practices and self-monitoring to minim the amount of pollutants
discharged.
(C) A Compliance order may not extend the deadline for compliance established by a state or
federal standard or requirement.
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(D) A Compliance order shall not relieve a person or User of liability for any violation, including any
continuing violation.
(E) A person or User receiving a compliance order may file a written notice of appeal with the Chief
Executive Officer or his designated representative, as indicated by the compliance order no
later than the tenth day after receipt of the order Such notice of appeal shall include an
explanation as to why the person believes the enforcement action should not be taken.
(~ Issuance of a compliance order shall not be a bar against, nor a prerequisite for taking any
other action against a person or User
SECTION 10-5. CEASE AND DESIST ORDER
(A) Whenever the Chief Executive Officer finds that any person or User has violated, or continues to
violate, any provision of this Chapter or any wastewater discharge permit or order issued
hereunder or any other applicable pretreatment standard or requirement, or finds that the
User's/person s past violations are likely to recur the Chief Executive Officer may issue an order
to such person/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.
(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for taking any
other action against a person or User
SECTION 10-b. STOP WORK ORDER
(A) Whenever the Chief Executive Officer finds that any person or User who has been issued a
construction permit by the Airport Board or who operates or has day-to-day control of a
construction site at the Airport has violated, or continues to violate, any provision of this
Chapter or any wastewater discharge permit or order issued thereunder the Chief Executive
Officer may cause a stop work order to be issued to the person or User to be posted at the
construction site or other location specified in the order and to be dis#ributed to all Board
departments and divisions whose decisions affect any construction permit or activity at the
affected site(s)
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(B) Unless express written exception is made by the Chief Executive Officer the stop work order
shall prohibit any further construction or related activity at the site and shall bar any further
inspection or approval by the Board associated with any Board permit or any other Board
approval necessary to commence or continue construction or to assume occupancy at the
permitted location or site.
(C) A person or User receiving a stop work order under this Section may file a written notice of
appeal with the Chief Executive Officer or the person who authorized issuance of the order as
indicated by the order no later than the tenth day after receipt of the stop work order Such
notice shall include an explanation as to why the person or User believes the enforcement
action should not be taken.
(D) Issuance of a stop work order shall not be a ba against, or a prerequisite for taking any other
action against a person or User
SECTION 10-7 EMERGENCY SUSPENSION OF WATER UTILITY SERVICE AND/OR ACCESS TO
WASTEWATER SYSTEM
(A) The Chief Executive Officer may immediately and without hearing suspend a User's Board-
provided water utility service and/or access to the Airport Wastewater System whenever such
suspension is necessary in the opinion of the Chief Executive Officer to stop an actual or
threatened discharge that reasonably appears to
(1) Present or cause imminent or substantial danger to the environment or to the health or
welfare of persons;
{2) Present or cause imminent or substantial danger to the POTW or
(3) Cause or threaten to cause pass through or interference with the operation of the POTW
(B) If time permits, the Chief Executive Officer should notify the User prior to the suspension
(C) As soon is practicable after the suspension of the water utility service andlor access to the
Airport Wastewater System, the Chief Executive Officer shall notify the User of the suspension
in person or by certified mail, return receipt requested Such notice may be provided, but shall
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not be required, if the User was notified prior to the suspension as provided in. Subsection (B)
above.
(D) Any User notified of a suspension of its water utility service and/or access to the Airport
Wastewater System shall immediately stop or eliminate its contribution In the event of a User's
failure to comply immediately and voluntarily with the suspension order the Chief Executive
Officer may take such steps as deemed necessary to prevent or minimize damage to the POTW
its receiving stream or endangerment to any individuals. Such steps may include immediate
severance of the User's water service and sewer connection.
(E) The User shall not recommence its water utility service and/or discharge to the Airport
Wastewater System until the Chief Executive Officer so authorizes and:
(1) The User presents proof satisfactory to the Chief Executive Officer that the non-compliant
discharge has ceased,
(2) The User presents proof satisfactory to the Chief Executive Officer that the conditions
creating the threat of imminent or substantial danger have been eliminated and the period
of endangerment has passed,
(3) The User pays the Board for all costs incurred by the Board in responding to the discharge
or threatened discharge, u less all or part of such payment waived by the Chief Executive
Officer nd
(4) The User pays the Board for all costs the Board will incur i reinstating services, unless all or
part of such payment is waived by the Chief Executive Officer
(F) A User may appeal a suspension under this Section in accordance with the appeal procedures
as provided in this Chapter
(G) The remedies provided by this Section are in addition to any other remedies set out in this
Chapter Exercise of this remedy shall not be a bar against nor a prerequisite for taking other
action against a violator
SECTION 10-8. NON-EMERGENCY TERMINATION OF WATER UTILITY SERVICE AND/OR ACCESS TO
WASTEWATER SYSTEM
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(A) A User who violates any of the following conditions is subject to the termination of its Board-
provided water utility service and/or access to the Airport Wastewater System..
(1) Violation of wastewater discharge permit conditions or any lawful order of the Chief
Executive Officer including without limitation any order under Section 10•
{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 of this Chapter
(B) The User will be notified of the proposed termination of its water utility service and/or access to
the Airport Wastewater System and be offered an opportunity to show cause under Section 10-3
of this Chapter why the proposed action should not be taken
(C) The User shall not recommence its water utility service and/or discharge to the Airport
Wastewater System until the Chief Executive Officer so authorizes and.
(1) The User presents proof satisfactory to the Chief Executive Officer that the non-compliant
discharge has ceased;
(2) The User presents proof satisfactory to the Chief Executive Officer that the conditions
creating the threat of imminent or substantial danger have been eliminated and any
period of endangerment has passed;
(3) The User pays the Board for all costs the Board will cu in reinstating services, unless all
or part of such payment waived by the Chief Executive Officer
(D) Exercise of this option by the Ch of Executive Officer shall not be a bar to or a prerequisite for
taking any other action against the User
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SECTION 10-9 ADMINISTRATNE FINES
(A) The Chief Executive Officer shall have the authority to levy one or more administrative fines
against a person, User or permittee who violates any provision of these Rules and Regulations
or any wastewater discharge permit or order issued pursuant to this Chapter
(B) Administrative fines under this Chapter shall be established in accordance with, and provided
in, the Schedule of Charges as amended.
(C) Delinquent or past due fines shall constitute cause for the Chief Executive Officer to
immediately suspend any wastewater discharge permit or other written authorization of any
person/User issued under this Chapter until such fines are paid in full and/or to take any other
legal action deemed necessary to recover delinquent or past due fines.
SECTION 11
JUDICIAL ENFORCEMENT REMEDIES
SECTION 11 1 INJUNCTIVE RELIEF
Whenever the Chief Executive Officer finds that a person or User has olated or continues to violate, any
provision of this Chapter a wastewater discharge permit, or an order issued hereunder or any other
pretreatment standard or requirement, the Chief Executive Officer may petition an appropriate Court
through the Board s legal counsel for the issuance of a temporary or permanent injunction, as appropriate
which restrains or compels the specific performance of the wastewater discharge permit, order or other
requirement imposed by these Rules and Regulations on activities of the person or User The Chief
Executive Officer may Iso seek such other action as appropriate for legal and/or equitable relief
including a requirement for the person or 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 person or
User
SECTION 11 2. CIVIL PENALTIES
(A) A person or User who has violated, or continues to violate, any provision of this Chapter a
wastewater discharge permit, or order issued hereunder or any other pretreatment standard or
requirement shall be liable to the Board for maximum civil penalty of One Thousand Dollars
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($1 000.00) 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 Board may recover reasonable attorneys fees, court costs, and other expenses associated
with enforcement of this Chapter including sampling and monitoring expenses, and the cost of
any actual damages incurred by the Board, including without limitation costs of response,
remediation, abatement, or restoration incurred by the Board, as allowed under state or federal
laws, or at common law
(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
person s/User's violation, corrective actions by the person or User the compliance history of the
person or User and any other factor as justice requires.
(D) Filing a suit for civil penalties or other remedies shall not be a bar against, or a prerequisite for
taking any other action against a person or User
SECTION 11 3 CRIMINAL PROSECUTION
(A) Criminal Offenses
(1) A person commits an offense if the person iolates, or causes or permits another person to
violate, or assists in the commission of a violation of any applicable provision of this
Chapter a wastewater discharge permit, or order issued hereunder or any other
pretreatment standard or requirement.
(2) A person commits offense if the person leases, operates, manages, occupies, is in
control of or has a permit to use any facility premises, or site at the Airport and there
occurs a discharge from such location to the POTW nd/or Airport Wastewater System in
violation of this Chapter a permit or order issued pursuant to this Chapter or any
pretreatment standards or requirements.
(3) A person commits an offense if the person leases, operates, manages, occupies, is in
control of or has a permit to use any facility premises, or site at the Airport and fails to
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make any report to the Chief Executive Officer as required by this Chapter or a permit or
order issued pursuant to this Chapter
{4) A person commits an offense if the person introduces or causes to be introduced any
substance into the Airport Wastewater System and/or the POTW that causes personal injury
or property damage Prosecution of a person under this subsection (D) shall not be a bar
against, or a prerequisite for any other cause of action for personal injury or property
damage available under federal or state law
(5) A person commits an offense if the person 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 Chapter or any permit or order issued
hereunder or if the person falsifies, tampers with, or renders inaccurate any monitoring
device or method required under this Chapter
(B) Criminal Penalties
(1) A person who violates any provision of this Chapter or any term or condition of any permit
or- ord ued hereunder is gu Ity of a separate offense for each day or portion of a day
during which the violation is continued Each offense is punishable by a fine not to exceed
Two Thousand Dollars ($2,000 00) or the maximum allowable by law• provided, however
that where the offense is one for which a penalty is otherwise fixed by state or federal law
such law shall govern if either is exclusive.
(2} A culpable mental state is not required for commission of an offense under this Chapter
unless the provision defining the conduct expressly requires a culpable mental state
(3) Prosecution for an offense under this Section 11 3 does not preclude the use of other
enforcement remedies or procedures applicable to the person charged with, or the conduct
involved in, the offense
SECTION 12 SUPPLEMENTAL ENFORCEMENT ACTION
SECTION 12 1 PERFORMANCE BONDS
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(3} The person or User has submitted the following information to the Chief Executive Officer
within twenty-four (24) hours of becoming aware of the Upset (for information provided orally a
written submission containing the following must be provided to the Chief Executive Officer
within five (5) days after the oral information was first provided)•
(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 takeri and/or planned to reduce eliminate, and prevent recurrence of the
noncompliance.
(D) In any enforcement proceeding, the person or User seeking to establish the occurrence of an
Upset shall have the burden of proof
(E) Users will have the opportunity for a judicial determination on any claim of Upset only in the
event an enforcement action is brought for noncompliance with categorical pretreatment
standards.
{F) Users shall control production of all discharges to the xtent necessary tom intain compliance
with categorical pretreatment standards upon reduction, loss, or failure of User' 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.
SECTION 13-2. ACT OF GOD
In an action brought in municipal or state court only
(A) An event that would otherwise be a violation of this Chapter that is caused solely by an act of
Gad war strike, riot, or other catastrophe is not a violation.
(B) In any enforcement proceeding, the person or User seeking to establish the occurrence of an
Act of God, war strike riot, or other catastrophe shall have th burden of proof
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The Chief Executive Officer may decline to issue or reissue a wastewater discharge permit to any User who
has failed to comply with any provision of this Chapter a previous wastewater discharge permit, or order
issued pursuant to this Chapter or any other pretreatment standard or requirement, unless such User first
files a satisfactory bond, payable to the Board, in a sum not to exceed a value determined by the Chief
Executive Officer to be necessary to achieve consistent compliance
SECTION 12 2. LIABILITY INSURANCE
The Chief Executive Officer may decline to issue or reissue a wastewater discharge permit to any User who
has failed to comply with any provision of this Chapter a previous wastewater discharge permit, or order
issued pursuant to this Chapter 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
and/or Airport Wastewater System caused by its discharge
SECTION 13
AFFIRMATNE DEFENSES TO DISCHARGE VIOLATIONS
SECTION 13-1 UPSET
In an action brought in federal court only
(A) For the purposes of this Section, Upset shall have the meaning set forth in Section 1-4 of this
Chapter
(B) 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) A person or 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 person or User can identify the cause(s) of the Upset;
(2) The person s or User's facility premises, or site was at the time being operated in a prudent
nd workman-like manner and in compliance with applicable operation and maintenance
procedures; and
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(C) If a person or User against whom enforcement action is sought establishes that the
requirements of this Section 13-2 are satisfied, the person/User shall control production of all
discharges to the extent necessary to maintain compliance with pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility is restored or an alternative
method of treatment is provided
SECTION 13-3 PROHIBITED DISCHARGE STANDARDS
A person or User shall have an affirmative defense to an enforcement action brought against it for alleged
noncompliance with the general prohibitions in Section 2 1(A) of this Chapter or any specific prohibition(s)
in Section 2 1(B)(3), (4), (5), (b), or (7), if the User/person 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/person was in compliance with
each limit directly prior to, and during, the pass through or interference or
(2) No local limit exists for the pollutant{s) discharged, but the User's/person s discharge activity
directly prior to and during the Pass Through or Interference did not change substantially in
nature or constituents from the User's/person s prior discharge when the POTW was regularly in
compliance with the POTW's TPDES permit requirements and, in the case of interference, was
in compliance with applicable sludge use or disposal requirements.
SECTION 13-4 BYPASS
(A) For the purposes of this Section, Bypass shall have the meaning set forth in Section 1-4 of this
Chapter
(B) A person or 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 paragraphs (C) and (D) of this
Section
(C) (1) If a User knows in advance of the need for a Bypass, it shall submit prior notice to the Chief
Executive Officer at least ten (10) days before the date of the Bypass, if possible
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(2) A User shall submit oral notice to the Chief Executive Officer of an unanticipated Bypass
that exceeds applicable pretreatment standards within twenty-four (24) hours from the time
the User becomes aware of the Bypass. A written submission shall also be provided within
five (5) 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 Chief Executive Officer may waive the written report on a
case-by-case basis if the oral report has been received within twenty-four (24) hours, as
required above
(D) (1) Bypass is prohibited, and the Chief Executive Officer may take enforcement action(s)
against a person or 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 equ pment
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 person or User submitted notices as required under subsection (B) of this Section.
(2) The Chief Executive Officer may' approve an anticipated Bypass, after considering its
adverse effects, if the Chief Executive Officer determines that the Bypass will meet the three
conditions listed in paragraph (D)(1) of this Section.
SECTION 14
FEES AND CHARGES
SECTION 14-1 FEES AND CHARGES
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(A) The Board may adopt reasonable fees for reimbursement of costs of implementing and
operating the Board's and/or the Control Authority's pretreatment program and/or may adopt
reasonable charges in connection with the administration and enforcement of these Rules and
Regulations. Such fees or charges may be imposed as deemed appropriate or necessary by the
Board and may include:
(1) Fees for wastewater discharge permit applications, including the cost of processing such
applications;
(2) Fees for monitoring, inspection, and surveillance procedures, including the cost of
collection, sampling, testing, and/or analysis of a User's/person s discharge, and reviewing
reports submitted by Users;
(3) Fees for reviewing and responding to accidental discharge/slug control plans and
procedures, construction applications, tenant alteration applications, or similar applications
or activities;
(4) Fees for filing appeals;
(5) Fees or surcharges for treating abnormal strength wastes or wastewater ncluding without
limitation an industrial surcharge in addition to regular water and sewer rates that may be
imposed upon any User(s) responsible for industrial waste(s) whose admission into the
POTW has been approved by the Chief Executive Officer
(6) Fees incurred by the Board and/or Control Authority in connection with an upset, bypass, or
unauthorized discharge;
(7) Additional costs incurred by the Board and/or Control Authority n transporting or treating
wastes or wastewater
(8) Costs associated with disconnection/reconnection of a User's/person s water utility service
and/or access to the Airport Wastewater System resulting from that User's/person s
noncompliance with these Rules and Regulations;
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(9) Fees and costs incurred by the Board and/or Chief Executive Officer in pursuing any
enforcement action resulting from aUser's/person s noncompliance with these Rules and
Regulations or any order or permit issued hereunder
(10)Other fees as the Board and/or Chief Executive Officer may deem necessary to carry out
the requirements contained in these Rules and Regulations.
(B) Fees or charges under this Chapter shall be set out in the Board's Schedule of Charges and shall
be paid in a manner prescribed by the Chief Executive Officer The fees provided for in this
Chapter relate solely to the matters covered by these Rules and Regulations and are separate
from all other fees, fines, and penalties chargeable by the Board No refund of fees collected
pursuant to this Chapter shall be made
SECTION 14-2. INDUSTRIAL SURCHARGE
(A) The Board may charge Users an industrial surcharge for the treating of abnormal strength
wastes. Water or wastes having (1) a five-day biochemical oxygen demand greater than two
hundred fifty (250) parts per million (ppm) by weight or (2) containing more than two hundred
fifty (250) parts pe million by weight of total suspended solids shall be subject to the review
and approval of the Chief Executive Officer Where the Chief Executive Officer has approved
the admission of items (1) or (2) above into the Airport Wastewater System and/or the POTW
that discharge may be subject. to a surcharge as determined by the Chief Executive Officer In
no case shall a discharge be accepted that will prevent the POTW from meeting its permitted
limits.
(B) Any surcharge under this Chapter may be assessed for any month(s) according to a formula set
out in the Schedule of Charges. Imposition of a surcharge shall not constitute a variance to the
requirements of these Rules and Regulations nor serve as a bar to, or a prerequisite for taking
any other action against the User
SECTION 15
MISCELLANEOUS PROVISIONS
SECTION 15-1 APPEALS
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(A) If the Chief Executive Officer denies issuance or renewal of a wastewater discharge permit or
suspends or revokes a wastewater discharge permit as provided in Section 5 of this Chapter or
issues a compliance order or other order as provided in Section 10 of this Chapter the action is
final unless, within ten days from the date of receiving the written notice of the action, the
affected applicant or User files an appeal, in writing, with the Chief Executive Officer specifying
the reasons for the appeal.
(B) The Chief Executive Officer shall establish an appeal and hearing procedure that will give the
appealing party an opportunity to present evidence and make argument. The formal rules of
evidence do not apply to an appeal hearing under this Section, and the ruling shall be based on
a preponderance of evidence presented at the hearing
(C) The decision rendered through the Board s appeal and hearing procedure is final.
(D) The effect of a compliance order stop work order or cease and desist order shall be stayed
pending the Chief Executive Officer's any appeal and decision thereon, unless the Chief
Executive Officer expressly makes a written determination to the contrary The effect of an
emergency suspension of water utility service andlor wastewater system access under Section
10-7 shall not be stayed pending the Chief Executive Officer's decision following any appeal
hearing, unless the Chief Executive Officer expressly and in writing stays the emergency order
SECTION 15-2. EFFECTNE DATE
These Rules and Regulations shall be full force and effect immediately following their passage approval,
and publication, as provided by law
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Last Revision Date: 11/6/02
City of Fort WoYth, Texas
~-~Ayor And Caunc~l Cammun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
3/25/03 *G 13920 12BOARD 1 of 2
SUBJECT ADOPTION OF AN ORDINANCE APPROVING DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD RESOLUTION NO 2002 11 328 APPROVING
AMENDMENTS TO CHAPTER 6 OF THE CODE OF RULES AND REGULATIONS OF
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance approving Dallas-Fort Worth
International Airport Board Resolution No 2002 11 328 which amends Chapter 6 of the Code of Rules
and Regulations of the Dallas-Fort Worth International Airport Board (Airport Board) by replacing the
existing Chapter 6 with a revised Chapter 6 entitled 'Wastewater Pretreatment and Discharge
Regulations and endorses a wastewater pretreatment program as required by federal regulations
DISCUSSION
At its November 2002 meeting the Airport Board approved amendments to Chapter 6 of the Airport
Board's Code of Rules and Regulations Both state law and the 1968 contract and agreement between
the cities of Fort Worth and Dallas require that amendments to the Dallas-Fort Worth International
Airport Board Code of Rules and Regulations also must be approved by the City Councils of Fort Worth
and Dallas
The Airport Board contracts with the Trinity River Authority (TRA) to discharge the Airport's wastewater
into TRA s Central Regional Wastewater System (CRWS) That contract requires the Airport Board to
enact an ordinance/regulations to implement and enforce pretreatment requirements applicable to the
CRWS The revisions to Chapter 6 provide for uniform requirements for users of the airport wastewater
system and are necessary to enable TRA s CRWS Pretreatment Program to meet the federally
mandated Environmental Protection Agency pretreatment regulations found in 40 Code of Federal
Regulations (CFR) Part 403 and to obtain approval from the Texas Commission on Environmental
Quality (TCEQ)
Proposed amendments to Chapter 6 include general provisions discharge prohibitions and limits
pretreatment, wastewater discharge permit requirements permit application process permit issuance
.process (including permit denial suspension and revocations) reporting requirements compliance
monitoring and enforcement mechanisms enforcement procedures .and remedies fees and charges
and a savings clause and effective date Board Resolution No 200211 328 approved the
amendments and endorsed a wastewater pretreatment program as required by 40 CFR 403
The attached ordinance approves those amendments to the Code of Rules and Regulations Attached
to the ordinance is a certified copy of the amendments
City of Fort Worth, Texas
~l~Ayar And Caunc~l Cammun~cAt~ar~
DATE
3/25/03 REFERENCE NUMBER
*G-13920 LOG NAME
1260ARD PAGE
2 of 2
suB.1ECT ADOPTION OF AN ORDINANCE APPROVING DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD RESOLUTION NO 2002 11 328 APPROVING
AMENDMENTS TO CHAPTER 6 OF THE CODE OF RULES AND REGULATIONS OF
THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
BG r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by (to)
Bridgette Garrett (Acting) 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 3/25/03
ORD # 15491
Additional Information Contact:
Marcia Wise 7607