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13-R-53 - Interlocal Agreement - Selma, Kensington RanchRESOLUTION NO. 13-R-53 A RItaSOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A INTERLOCAL AGREEMENT WITH THE CITY OF SELMA RELATING TO SANITARY SEWER CONNECTIONS-KENSINGTON RANCH, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City"} has recommended that the City enter into a InterlocaI agreement with the City of Selma relating to certain sanitary sewer facilities; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the City of Selma pursuant to the Interlocal Agreement Regarding Sanitary Sewer Connections -Kensington Ranch (City of Schertz and City of Selma) attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the City of Selma in substantially the foirn set forth an Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all proposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which axe in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6, It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Cade, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 9t~' day of July, 2013. CITY OF T TEXAS or, Michael R. Carpenter ATTEST: ~~ rty Secretary, Brenda Dennis {CITY SEAL) 50234811.1 EXHIBIT A INTERLOCAL AGREEMENT REGARDING SANITARY SEWER CONNECTIONS - KENSINGTON RANCH (CITY OF SCHERTZ AND CITY OF SELMA) soz3~sii.i A-1 INTERLOCAL AGREEMENT REGARDING SANITARY SEWER CONNECTIONS KIJNSINGTON RANCH (CITY OT SCHERTZ AND CITY OF SELMA) THIi; STATE OF TEXAS § COUNTY O>F GUADALUPE § This INTERLOCAL AGREEMENT REGARDING SANITARY SEWER CONNECTIONS -- i~ENSINGTON RANCH (CITY OI' SCHERTZ AND CITY OI' SELMA) (the "A~reement") between the CITY CF SCHIJRTZ, a Texas municipal corporation ("Schertz"}, and the CITY OF SELMA, a political subdivision of the State of Texas ("Selina") (each individually a "Par "and collectively the "Parties") is effective upon the last date of execution of this Agreement by Schertz and Selma (the "Effective Date"). RECITALS WHEREAS, Chapter 791 of the Texas Government Code, as amended,. titled Interlocal Cooperation Contracts, authorizes contracts between political subdivisions for the perfoi7nance of govemmenta! fimctions and services; WHEREAS, the Trails at Kensington Ranch Subdivision, being more pai~icularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, has been developed within the city limits of Seima; WHERI~AS, a portion of the sanitary sewer system of the Trails at Kensington Ranch Subdivision is curl•ently connected via one or more sanitary sewer gravity lines in order to cgnvey sewage fiom the Trails at Kensington Ranch Subdivision to the sanitary sewer collection system owned, maintained, and operated by Schertz {the "SaR~itary Sewer SYStein"}, such connection being goveiried by that certain Interlocal Agreement between. Schertz and Selma, dated January 1, 2007, and agreed to by actions of the City Council of Schertz by Resolution No, 07~R-OS on January 23, 2007 and by the City Council of Selma on January 11, 2007; WHEREAS, Kensington Ranch II Subdivision, being more particularly described in Exhibit "B" attached hereto and incorporated herein for all purposes {tl~e "Subdivisio~a"}, is being: developed within the city limits of Selma; WHEREAS, due to the proximity of the Subdivision to Schertz's city limits and because the Patties have determined that. it is the best engineering solution in connection with a possible future. regional sewer infrast~uctute, the Parties. desire to have landowners in the Subdivision connect to the Sanitary Sewer System to provide sewer service to the Subdivision; 506281 SU.2 WHEREAS, aten-inch (10") and atwelve-inch (12") sanitary sewer gravity line (the "Sanitary Sewer Facilities"} .will be consta•ucted to convey sewage from Selma to the Sanitary Sewer System; and WHEREAS, Sclteitz and Selma desire to enter into this Agreement to set forth certain agreements regarding the connection ofthe Subdivision to the Sanitary5ewer System, AGREEMENT NOW TIIIIREFORE, in consideration of the covenants and agreements set forth herein and for other goad and valuable consideration, the receipt and sufficiency of which are hereby stipulated, Schertz and Selma agree as follows: ARTICLE I SANITARY SEWER FACILiTIE~ Section Z.41. Design. Selma shall require all developers of land in the Subdivision to connect to the Sanitary Sewer System via the Sanitary Sewer Facilities and to design such connections within the Subdivision in accordance with Schertz's Public Works Specifications and Design Standards, in a good and workmanlike manner, and in accordance with all applicable rules, regulations, and requirements of any governmental entities having jurisdiction over the construction of such sanitary sewer systems and eonnections, Section 1,42. Construction. Developers- of land in the Subdivision shall bear all cost and responsibility far construction of the connections to the Sanitary Sewer System via the Sanitary Sewer Facilities; including, without limitation, the cost and responsibility of construction of the Sanitary Sewer Facilities. ARTICLIL II OWNERSHIP PRICE AND MAINTENANCE Section 2.41. Maintenance Fees. An annual line maintenance service fee of Twelve and 961100 Dollars ($12.96) per platted lot in the Subdivision with a service tap (each a "Unit") will be paid by Selma to Schertz (the "Annual Fec"). The Annual Fee ravers the cost of maintenance. of the sewer main fiom Selma to the. Cibolo Creek Municipal Autho~•ity,. the regional sewer interceptor ("COMA"). The Annual Fee shall be due and payable to Schertz on September 30th, the end of the Schertz fiscal year, of each year following the Effective Date of this Agreement. The Atuiual Fee shall be prarated based on the number of months that each Unit has been online. A Unit will be considered online when Selma issues a certificate of occupancy for a shucture. The first month of the Annual Fee shall be prorated based on the date the certificate of occupancy is issued to the Unit• Selma shall provide an annual report to Schertz, due in March of each year following the IJffectivc Date of this Agreement (the "_Annual Report"); that shall provide the number of certificates of occupancy issued in the Stibdivisian during the previous fiscal year, as well as the dates of issuance. Section 2.42. Col[eetion and Payment by Sehnfl, Selma shall collect the Annual Fee from its customers. Selma shall deposit the Annual Fee as collected into a separate account 50628150.2 and shall spend the money in such separate account solely for payment of the Annual Fee to Schertz. Section 2.03. Quality of Sewage. Selina shall ensure that all discharges to the Sanitary Sewer System shall be only ordinary liquid and water car~•ied domestic sanita~~y sewage which meets the requirements of the COMA Industrial Wash Orden, which is attached hereto and incorporated herein for all purposes as Exhibit "C" (the "Order"), and any other applicable local, state, or federal requirements. Section 2.Od. Tuture Extension or Additional Ca aci If Selma desires to increase the number of coiuiections or expand the capacity of any or all of the Sanitary Sewer Facilities, Selma may do so with the prior written consent of Schertz, which consent shall not be reasonably withheld. Section 2.05. Discontinuation of Maintenance lees. If the Sanitary Sewer Facilities become regional sewer lines of COMA, Schertz shall provide Selma with written notice of such change and Selma's obligations to pay the Annual Fee and to deliver the Annual Report shall cease following the effective date of such change listed in the notice from Schertz (the "Change Date"), however, Selma shall still be required to pay to Schertz a prorated Annual Fee fiom the date of the last payment through- the Change Date. Section 2.06. Termination of Sezroice. Schertz may stop receiving discharges to the Sanitary .Sewer Facilities if the required fees are not paid to Schertz in full when required and/or any non-q~Ealifying sewage is deposited into the Sanitary Sewer Facilities, subject to Selma's right to-cure set forth in Section 3.02. ARTICLE III DEI'AULT AND Rli;MEDIES Section 3.41. Notice of Default. In the event any Party believes that the other Party has defaulted on its obligations 1lereunder, the Party that is alleging the default (hereafter referred to as "Claimant"} shall serve the Party alleged of having defaulted (hereafter referred to as "Respondent'') with written notice of the specific terms and conditions tlye Claimant has alleged the Respondent has failed to perfarrn ("Default Notice"), This written notice shall be served upon the Respondent by Claimant in writing in accordance wi#h the notice provision of this. Agreement. Section 3.02. Onnortunity to Cure, Upon receipt of the Default Notice, the Respondent shall have thirty {3l)) days from the date of notice to either (i} remedy the alleged default by taking appropriate actions, or (ii) serve a written response to the Claimant denying the. allegations of default alid providing specific reasons and rationale for floe deiual of the allegations made by Claimant. Section 3.03. Failure to Remedy Default. In the event the Respondent fails. to remedy or cure. the alleged default within thirty (30) days,. then the Claimant. shall have the right to terminate this Agreement and to seek legal and/oc equitable remedies against the SOG28750.2 Respondent for the alleged defazilt by the Respondent as described in the Default Notice provided under Section 3.01 above. Tn the event the Respondent is found, by a court of competent jurisdiction, to have been in default, the Respondent shall be required to pay, in addition to any amounts for damages as provided in the judgment of the court, any and all attorzieys' fees and court costs (including any costs of appeal). In the event the Claimant brings legal proceedings against the Respondent and the legal proceedings result in a judgment by a court of competent jurisdiction declaring that the Respondent has not breached the tezrrzs of this Agreement, the Claimant shall be responsible for the payment of any and all of the Respondent's attorneys' fees and court costs (inc121ding any costs of appear). This section shall survive termination of this Agreement. ARTICL>r IV GENERAL AND MISCELLANEOUS PROVISIONS Section 4.01. Governmen#al Functions. Notwithstanding any provision to the contz•ary herein, this Agreement is a contract for and with respect to the performance of governmental functions by governmental entities, (a) The services provided for herein are govet•nrnental functions, and the Parties shall be engaged in the conduct of a govez~znental function while providing and/or performing any service pursuant to this Agreement. (b} The relationship of the Parties shall, with respect to any service ox function undertaken as a result of or pursuant to this Agreement, be that of independent contractors. Sce#ion 4.02. No Waiver of Immunity or Defenses. Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or caUSe of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither of the Parties. shall beheld legally liable for any claim or cause of action azising pursuant to ar in connection with this Agreement except as specifically provided herein or by law, Neither Party waives or relinquishes 'any immututy or defense on behalf of itself, its conncylmetnbers, officers, employees, and agents as a result of the execution of this Agreement and the perfo~axzance of the covenants and agreements contained herein. This section shall survive termination of this Agreement. Section 4.03. Regulatory Requirements. This Agreement and the obligations of the Parties hereunder are subject to all rules, regulations, and laws which may be applicable by the United States, the State of Texas, or any a•egulatory agency having jurisdiction. Section 4.04. Implied Waiycr; The failw•e of either Party to insist, in any one. or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement, shall not be construed as a waiver or relinquishment of the firture performance of any such term, covenant, or condition by the other Party, but the obligation of such other Party with respect to such future performance shall continue in fiill force and effect. 50G2815D.2 ~t Section 4.05. Approvals ar Co_nsents. Whenever this Agreement requires ar permits approvals or consents to be given,. the Pa~'ties agree that such approval or consent shall not be unreasonably withheld. Such approval or consent shall be given in writing and shall be effective without regard to whether given before the tine required herein. Section 4.06. Addresses and Notices. Any notice or communication required or pei7-nitted hereunder shall be deemed to be delivered three (3} days after such notice is deposited in the United States mail, postage fully piepaid, registered or certified mail return receipt requested, and addressed to the intended recipient at the. address shown herein.. Any address for notice may be changed by written notice delivered as provided herein. All notices hereunder shall be in writing and served as follows: If to Scher#z ta; City of Schertz, Texas 1400 Schertz Parkway Schertz, Texas 78I S4 Attention: City Manager With a copy to: Norton Rase Fulbright (Fulbright & Jaworski L•L.P.) 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attention; Katherine A. Tapley If to Selina to: City of Selma 9375 Corporate Drive Selina, Texas 78154 Attention: Mayor Section .4.07. Severabilit_y. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional far any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby. Section 4.08, Mercer. This Agreement, together with the Exhibits attached hereto, constitute the entu•e agreement between the Parties relative to the subject matter hereof There have been and are rio agreements, covenants, representations, or warranties between the Parties other than those expressly stated or provided for herein. Sectio~i 4.09. Cooneratiou. Each Party hereby agrees thatstwill take all actions and execute all documents necessary to fully cai7y out tfze purposes and intent of this Agreement. so6zsi so.2 Section 4.10. Recitals; >Cxhibits. Any recitals in this Agreement are represented by the Parties hereto to be accurate, constitute a part of the Parties' substantive agreement, and are fully incorporated herein as matters of conhact and not mere recitals. rurthe~•, any exhibits to this. Agreement are incorporated herein as matters of contract and not mere exhibits, Section 4.11. Time. Time is of the essence. Business days exclude Sah~rdays, Sundays, and legal federal or Texas state public holidays. If the date for performance of any obligation falls on a Sa#u-•day, Sunday, or legal public federal ox Texas state holiday, the date for performance will 6e the next following regular business day. Section 4.12. Sury[vaI of Covenants. Any of fire representations, warranties, covenants, and obligations of 'the Parties, as well ~s any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination of this Agreement. Scotian 4.13. No 3oint VentEn•e. It is acknowledged and agreed by the Parties that the terms hereof are not intended to, and shall not be deemed to, create a partnership or joint venture among the Parties. Section 4.14. Choice of Law. This Agreement will he construed under the laws of the State of Texas without regard to choice-of law rules of any jurisdiction. Venue shall be in the- State District Coui~s of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No pzovision of this Agreemenfi shall constitute a consent to suit by any Party. [Signalirres orr Tallow+i~rg Pngej soGZa~so.a Signature Page to INTERLOCAL AGREEMENT REGARDING SANITARY SEWER CONNECTIONS - I~ENSINGTON RANCH (CITY OF SCHERTZ AND CITY OF SELiI~IA) IN WITNESS WHEREOF, the Panties have executed the Agreement to be effective as of the Effective Date. CITY OF SCHERTZ By: 3o C. Ke I, City Manager Date: r r CITY OF SI;LMA `~,.~ ~~- ay; Tom Da ayor Date: _ ~ ~~ .. f •3 SDfi28 L5D.2 Exhibit "A" .~ ~_3 3 rP t~os rAST, ~.~- Ilrl~ 1a, 7L7iM15. 74233 i96-1966 ~7G-Q4fB LEC~'D ^ IA7S naT I71CiVC[a W IfIfEALOCAL AG~EEl1FHT (~CWACC ROA 7fOT T}_gU(IGi Cr1Y DF SCME7iZ~ ~ ~ y lHie7 f30i1lF Rf1Y ~~ 1. 5A7117ARY ~~ ldfJ7.6 uHOW! afl TInS E'7aa81r AHE rpR E1b&IH~ f-UfiP5AiE5 OfiLY AIiD A+IE IiDT AI.L uttiu~:4r~ cY 1HE MAlhS T(} DE C6HSTRUCICa S51TI 71115 E*'~7;(:1. 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'eT°~ ~~ • ~,r' '~'~ I .x. ~ $q 7 ~~e,>Fb S~ • I e* f'` F ~ •~i•y~'! 8 OS I~.. ~7~~' 8r~ a .y. .. ~ ~~ a~y;~"~ ~p ~-Sri{-•~~,,i LirQ. r/1 ~ , `.t r~ e ~~ •I 118 I! •~ ~~,"~~ _ ~ ~ _~ ~F ~~~~g~p~~~i~~ • ~ ~.4 p ~ ' ~ nix •• - ti ' ~.. -,~ n~v.A`~'-.."R--.,.~ , - F 33 Ew1 y5 ~ E..~S yof ~ I S' Yll a`~n~~~+?~~y. ~; '~ .,~ o ~ ~n P •_~ c: 1 cl I re s: C ai ~ el_,i ,~. ~ _ ~ pp•1 ,Z,fBA}Y~~iyY ~~ ~~ 'I \\ YP~. ~~n~s ~iNSYIw I- - - - ,~ ew+~++•+aa+c.y.,.'iw'a.a~s..•~~e.,~.wtiw.>as~.urww.c:. aa...°+rie~a.no - f i 7 r r sa~2a ~so.2 8`4 ExLibit "C" rndus~rjal Waste Order GIBOLO CREEK MUNICIPAL AUT'HGRITY 90ARp O~ piR~CTORS OFIDER 1991-1 FEBRiJARY 28,1991 so~zs~so.z C- I rASI-~ aF coN~~NTs SECTION i. Repeal of Existing Order 2 SECTION 2. General PI'ovlsions 2 SECTION 3. Defilnltlons . 4 SECTION 4. Regulations. . _ . i3 SECTION S. Pees. and Assessments 22 SEC7iON 6. Adminlstrat[on 22 SECTION 7. Enforcemenk , , g2 SECTION e. Penalties and Cnsfs . . 36 SECTION 9. Severability ,30 SECTION 10. ConFiict . ... , 39 APPENDIX A. Schedule of Eees and Assessments APPENDIX B. Permit .Application . APPENDIX C. Permit APPENDIX D. Certiflcatian of No Industrial Rischarge by Non-Process industrial Connection APPENDIX E. Annual Industrial InFormatlan Report SOG28I50.2 G2 AN ORDER REGULATING THE USE OF BDTH PUBLIC AND PRIVATE SEWER DRAINS AND RELATI=D APPURTENANCES THAT ULTIMATELY DISCHARC(: INDUS'T'RIAL WAST!_S INTO THE CIBOLD CRE>=1f MUNICIAAI. AUTHgRITY Rt=G1QNAL SEWAGE TRANSPORTATION AN.D TREATMENT SYSTEM. PROMULGATING 57ANDARD PROCEDURES AND REGULA- TIDNS FDR COMPLIANCE HERE1`IITH AND PI=NALTIES FOR NDNCDMPLIANCE= HEREWI'CH . * +~ * ~P k * * # * # * * * k * WH~.R>+AS, the Federal government has enacted the Federal Clean Water Act, mast recently amended by the Water Quallly Act of 1987 (PL iOtl°q) containing ]ndustrlal Wastewater' Pretreatment .Regulations of 40 CFR, Part ~Ip3, and, WHEREAS, the State of .Texas has enacted. V.T.C.A., Water Cade implementlrig much of thB Federal law cited oGvve, and, , WHEREAS, the Cihola Creels Municipal Authority (hereinafter referred to as the "Authority") Is the Designated Regional Sewer Agent charged evith the responsibility to enforce compliance with the above cited statutes In regulating the use of the Authority's 1'lastewater Transportation and Treatment System:. 1 54628154.2 C-3 8E IT ORDERED BY THE $QARD OF pIRECTORS OF THI: CI130L0 CREI~K MUNICIPAL AUTHORITY OF BEXAR, GUADALUPE AIVD COT4}AL COUN`T'IES, TEXAS: SECTIDN 1. Repeal of Gxlsting Order. The Industrial Waste Order of December 15, 1983 is hereby r•epeafed effective SECTION z. Get1erai Provisions. 'this Order sets faith uniform regtth•ements to 6e met say all waste dischargers - whether Industrial br non--Industrial - utllTzing the Clbolo Creek Municipal Authority Regional 1Nastewater 'franspor•tatton and Treatment System (hereinafter termed "Regional System") , The Order is written to enable the Regional System to comply with and enforce all appNcabie~5tate and f=ederal laws pertaining to water quality control, Tha abJectives of this Order are: (a) 7o prevent the intraductlan of pollutants into the Regional System In such quart#itles or qualities that would interfere with the operation of the Regional System ar contaminate the resulting sludges (b} Tn prevent the introduction of pollutants Info the Regional System thak may typfcally~pass through the Regional System a[ther unaffected by the treatment process, or inadequately treated by that process, and resulting In an insufficient quality of effluent dlschaYging into the receiving waters ar atmosphere; 2 soszalso.z C-4 (c) To improve the opportunity far reclaiming and recycling wastewater and sludge genorated by the Regional System. {d) To ensure that theta Is an eyullabie distribution of the operation, maintenance and capital related costs of the Regional System across user classes; {e} To create a permit System io regulate nondomostlc users of the Regional System; [f) To enforce the provisions of this Order by requiring self-monitoring and self-reporting from Industrial users to supplement perfadlc lnvestigatlons made by Authority Inspection personnel; [g) To provide penalties fur vloiat[ons of the regulat[ons established herein. [h} Ta provide for surcharges for high s#renglh discharges exceeding Ilmltatians contained in Section 4.1(c) of this Order. This Order shall be given full force and effect inside the State f?esignated Reglanal Agent Sewer Boundaries for the Authority. Additionally, this Order shall apply to those entities being served by the Regional System who are not, ether partially or wholly within the established boundaries of the Authority. 8y operation of law, permit conditions, contract, ar intermunlclpal agreement, Induste'iel wastewater discharges within Endivldual eniltles, unincorporated areas, and incorporated areas, are obligated to abide by the provisions of this Order andlor equal ar more stringent, non-Authority, entity-enacted ordinances that govern the discharge of Industrial. wastewater Into sewer collection systems chat ultimately connect to the Authority's Regional System. 3 S OG28 i 50.2 GS industrial wastewater discharger within entities, unincorporated areas, and Incorporated areas, arp obligated to financially support the Reglanr~l System by paying ail applicable sewer user charges and tees to the appropriate colEection agent for costs assoc[ated with tha transporatatlan, treatment, aparatlan, maintenance, monitoring, administration, and enforcement services provided to the user of the Regional System. Except es otherwise provided. far herein, the General Manager of the Authorlfy shall tra responsible for the implementation, administratlon and enforcement of the provisions of this Order, SECTION 3. Definitions.. 3.1 Act or 'the Act', The Federal Water Pollution Control Act, also known as the Glean Water Act, as amended, 33 U.S.C, x166, et. seq, 3. z Approval Authorit The Admlrtlstratar of the EI'A or his designated representative. 3, 3 Authorized Representative of Industrial User. An authorized representative of an Industrial user may be: {i) an executive officer of at least the level of vice president if the Industrial user is a corpvratlon; (2) a general partner or proprietor If the Industrlai user !s a partnership or proprietorship, respectively; (3) a duly authorized representative of the fndlvlduals designated above.. The designated representative of an industrial user shall be named only by official title fn the Industrlai Wastewater Discharge permit. 3,q Blochemtcal Oxygen Demand (BOD). 'Che quantity of oxygen utilized In the biochemical oxidation of organic .matter under standard 4 so~281s0~ C-G laboratory procedure, flue {5] days at 20° centigrade expressed in Terms of weight per unit volume (milligrams per liter, mg~l]. 3.5 Board of p.lrectars The flue elected directors of the Cfbvlo Creek Niunlclpal 1luthorlty, any three of which, when meeting under the provisions of the 7axas Open I44eeting i•aw {Tex. Rev, Civ, 'Scat. Ann. art. 6252-17), constitute a quorum and may act fur the Authority. 3.6 Gategorlcal Standards. National Categorical Pretreatment Standards or Pf-etreatmen# Standard as set forth In any reguiatlan containing pollutant discharge Limits promulgated ~y the EPA in accordance with the Section 3f?7 {b) and {c) of the Act (33 U.S,C. 4fifi) which applies to a specific category of Industrial Users, 3. 7. Chemical Oxygen Demand {COD]. A measure of the organic matter content of a sample, expressed in terms of weight per unit volume, that is susceptible to oxidation by a strong chemical oxidant. Fnr samples from a speel.fic source, GOD can be reiated empirically to 13dD5. Note: For the Authority wastewater constituents, the ratio between COD and BOD5 has been dekermined to be 2,5 to T. 3.8 Cooiln~ Water, The water dischaarge from any use thereof to which the only potentlaE pollutant added is heat, 3.9 Compatible Pvllukant. Biochemical oxygen demand, suspended solids, pH and #ecai coliform bacteria; plus any addltfona! pollutants identified In the publicly-owned treatment work's NPD[S permit, where the pubilcly~owned treatment work {PO7W) Is designed to treat such pollutants and, In fact, does treat such pollutants to the degree required b.y the P071"1's. NPDES permit. 5 SQb28t 5~.2 G7 3.10 Com osite Flow-Pro ortlonai Sam le. Shall mean two or more discharge samples taken on flow-proportional #~asis to be representative of the quantity and quality of the normal daily discharge. 3.11 Entity, Shall refer to those cit[es,. towns, political or commer- cial subdivision, municipal utllEty districts, Industrial districts, publla utility districts, water Improvement dls#ricts, military Installations or state collection system within their jurisdictional boundaries and connect that system to the Regional System in order that the Authority can provide for the transportation and treatment of sewage cdenerated ~y the Entity. 3.i2 Time-Pro artlonal Com osite Sam le, Shall moan two or more discharge (grab) samples of equal volume taken at regular time intervals during normal operating hours, 3.13 Cgn#rol Au#horlty. Tha term 'control authority' shall refer to the ('Approval Authority" defined hereinabove, or the General Manager of the Authority If the Authority has an approved Rretreatment Arogram under the provisions of r10 CFR, Part R03. 3.1+1 Direct discharge. The discharge of treated or untreated wastewater directly to the waters of the State of Texas. 3.i5 Environmental Protection A enc or EPA. The U.S. Envlron- mental PI•okection Agency, or where appropriate the term may also be used as a designation for the Administrator or atiter duty authorized official of said Agency. C 5062$150,2 C-8 3.15 Grab Sample. a sample which is lateen from a wastewater flow on a one-time basis without regard to the volume of flow and without consideration of the time at which the sample Is taken. 3.17 Flalding Tank i{iaste. Any wastes from holding tanks such as vessels, chemical toilets, campers, traders,. septic tanks, and vacuum pump tank trucks, and other liquid waste haul[ng mechanisms. 3,18 Incompatible Pollutant. All pollutants other than compatible pollutants as defined In subparagraph 3;9 of this Section. 3.19 Indirect 1]Ischarga. 't`he discharge or the introduction of non domestic pollutants from any source regulated under Section 3b7 (b) or (c} of the. Act (33 U,5.C. 466} Into the PgTW (]ncluding balding tan[t waste discharged into the Regional 5ystem). 3..20 Industrial User. Anon-resldentlal source of Indirect Discharge as defined above which does not constitute a 'discharge of pollutants' to a receiving stream under regulations Issued pursuant to Section 307 of the AGt, (33 U.S.C. 4fifi). 3.2t Industrial Wastewater. The liquid and. waterborne pollutants resulting from processes or operations employed in business, commerce, or i~tdustry as defined in the "Standard ]ndustrlai Ciassiflcation Manual, 1972" Office of Management and Budget of the Federal government, es amended and supplemented from time to time. Includos the mixtures of any Industrial wastewater pollutants. with water or domestic sewage as distinct from normal domestic wastewater. 3.22 ]nterference. The {nhlbition or disruption of the POTW trans portatlnn andlor treatment processes or operations or that which contributes to a vlalatton of any requirement of the I'OTW's iVPDES Permit. The term 7 54628154.2 C-9 includes acts ar failures to act that prevent sewage sludge use ar disposal 6y the PDTW in accordance with Section 405 of the Act (33 U.S.C. 46G) or any crl#eria, guideitnes or regulations developed pursuant to t}1e Solid Waste blsposal Act (5{YDA), the Clean Alr Act, the Toxic Substances Con#rol Act, the Resource Conservation and Recovery. Act, ar more stringent State criteria [including those contained In any State sludge management plan prepared pursuant to 'title IV of SWDA) applicable to the methods of disposal or use employed by the P~7W. 3.23 Me_ Hager. The General Manager of the Clbalo Creek Municipal Authority ar his duly authorized .representative. The General Manager reports to the Board of Directors of the Authority. 3, 2A . Nat[ortal Prohibitive Discharge Standard ar Prohibitive Dlschar e Standard. Any regulat[on developed under the aukharity of Section 307 (b) of the Act, as contained in 40 CFR, Section 403.5, 3. Z5 New Source. Any source, the construction of which [s com- mencett after the publlca#ion (In the Federal fiec~lster) of proposed standards for that Industry, as prescribed In Section 307 {c) of the Act {33 U.S,C, 4G61, if such regulation Is enacted within 1zD days after publlcatlan in the Federal Register. Where the standard is prgmulgated later than 12'0 days after publication in the Federal Register, anew source means any source, the construction of which is commenced after the date of promulgation of the standard, 3. z6 National Pollutlan Dlschar a Fllminatlon S stem or' NPD~S Permit, A permit Issued pursuant to SeGtlan 4:D~ of the Act {33 U.S.C. ~i66), 8 SDG28150.2 C-10 3.27 ~lormal Domestic Vlastawater. The water-borne wastes normally dfscharging from the sanitary conveniences of dwellings (Including apartment houses and hotels), office buildings, factories and lnstitutlons, free From storm water and industrial waste. The BOQ is not greater than 2SU mgll and suspended salads level is net greater khan 2S0 mgll, and the COQ Is not greater than- 625 mgl1. 3.28 Person, Any Individual, partnership, co-partnership, firm, company, corporation, assoclatlon, ~olnt stock company, tYust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculEne gender shall include the feminihe, the singular shall include the plural where indicated by the context. 3.29 ~. The logarithm (base 1U) of the reciprocal of fha concen- tration of hydrogen Ions expressed in males per 1[tar of solution. 3.30 1Nater Pollution. The human altera#lon of the themlcal, phys- ical, bloingical, or rad[ologlcal characterlstlcs of water 6eiow certain minimum desirable qualFty standards. 3.3t Pollutant, Any dredge spoil, solid waste, Incinerator residue, sewage{ garbage, sewage sludge, munitions, chemlca[ +vastes, biological materials, radinactlve mater[als, heat, wrecked or discharged equipment, roclt, sand, cellar dirt and Industrial, municipal, and acdricultural waste d'eseharged into water. 3.32- Pretreatment or Treatment. The reduction of the amount of pollutants, the ellminatlon of pollutants, or the alteration of the nature of pollutant properlles 'In wastewater to a less harmful state prior to or In Ileu of dlscha.rging ar otherwise Introducing such pollutants into a pQTW. The 9 SQG28I 50.2 C-1 l reduction ar alteraklon can be obtained by physical, chemical ar laialoglcai processes, or process changes by ^ther means, except as prohibited by 40 CFR Part X103, Section 463.6 (d}. 3.33 Pretreatment Re ulrements. Any iacally adopted substantive or procedural requirement related to Industrial wastewater pretreatment that may supplement Nations! Pretreatment Standard requlrements•lmposed upon an Industrial user.. 3.3+t Publlcl Owned Treatment Works CPOTtiV). A treatment works as .defined by Section ,2i2 {z){A) of the Act (33 U,S,C, q66}. This definition includes any sewers that convey wastewater to the PO'>'W treatmen# plant From lndlrect discharge paints. This definition does not Include pipes, sewers., samp11t1g points located exclusively 'on private property, or other conveyances that era physically lncated anterior to the lndlrect discharge point, 3.35 POTW Treatment Ptant, That portion aF the POT1Y designed to pravlde wastewater treatment rather then wastewater transporatlon. 3.36 Shall, Sliall Es mandatary: Mar is permissive.. 3,37 Ste#e, State of Texas. 3.39 Standard Industrial Classification (5iC}. A' classification pur- scant to the Standard lndustr[al Classl#Ica#ion Manual Issued by the Executive Office of the Preslden#, Office of Management and Budget, 1972. 3.39 Standard Methods, Shall mean the examination and analytical procedures set forth in the latest edition at the time of analysis of "Standard Methods for the Examinatlon of Water and Wastewater" as prepared by the American Water Works Assoclatlan. "Standard Methods" shall also mean any approved analytical procedures published by the 11.5. 1=['A In 40 CFR, Part 3&. 10 50628150,2 C-12 3.Np Storm 4Yater. Any excess flow of water within the Regional System resulting from surface runoff from natural forms of precipitation including Infiltratlan and Inflow. 3.4i Suspended Solids. The total suspended matter that floats on the surface of, ar is suspended In, water, wastewater, dr other liquids, which Is removable by a laboratory flltratlan device In accardonc© with procedures set forth In "5tahdard A~tethods for the ~xaminatian of Water and Wastewater" expressed In terms of weight per unit volume [mgll). 3.42 Systems Manaber. The person designated by tho General ~an- ager to supervise the operation and maintenance of the pubflcly owned treatment works and who Is charged wit}t certain duties and respansibilltles icy this Order. Other qualified personnel carp be designated as the Systems i4tanager's duly authorized ~^epresentatives wizen appropriate. 3.43 Toxic Pollutant. Any pollutants or combination of pollutants listed as toxic In regulations promulgated by the Admlt#istratvr of the 1=nvironmental Protection Agency undor the provisleh of Section 307(a) of the Act or other Acts. 3. NN User. Any person Who contributes, causes or permits the con- tribution. of wastewater Into the Authority's POTNf. 3, 45 Wastewaler. The liquid and water,carrled industrial or domestic wastes from dwellings, oemmereial buildings, industrial facilities and Institutlans, whether treated or untreated, which is Indirectly discharged Into, ar permitted to enter, the POTW, together with any groundwater, surface water, and storm water that may ba present. 17 so~zs I so.z C-13 3.~6 State Waters. {a) The water of the ordinary flow, underflow, and tides of Query flowing river, natural stream, lake, and of every bay of the Gulf of Mexico, and kha storm water, floodwater, and rainwater of every- river, natural stream, canyon, ravine, depression, and watershed In the State Is the property of the State. [b) Water' Which Is imported from any source outside the boundaries of the State for use In the State and which is transported through the beds and banks of any navigable stream within the -state or by utilizing any factlitles awned or operated by the State is the property of the State. 3.47 Industrial Wastewater Dischar a Permit. As set forth In 5ec-- tlon 6.2 of this Order. 3.48 Abbreviatlvns. 'Pha following abbreviations shall have the des- Egnated meanings: >30 D CPR COD EPA LEI. mg 11 -- Biochemical oxygen demand (flue day). - Code of Federal l~egulatlorls, - Chemical oxygen demand. - Environmental Protecklon Agency. - Liter. - tower Explaslve t.lmlt. Milligrams, - Milligrams per liter (weighs to volume), NPDGS - l~la#lonal Pollutant Discharge i;liminatian System POYW -Publicly Owned Treatment Works. 12 so~zstso.z C-14 PL - Public Law. 51C -Standard industrial Classiflca#lon. SWDA -- Solid Waste Disposal Act, 4~ U.S.G. 690i, et. seq. 7 SS _ Total Suspended Solids. TWC - Texas Water Commission. USG -United States Code. SECTIaN q. Regulations. tJ. t General Dischar a Prohibitions. No user shall Indirectly can- trlbute ar cause to be contributed, any pollukant or wastewater which will Interfere with the operation or performance of the PDTW. These general prohibitions apply to all such users of a POTW whether or not the user Es subJect to National Categorical Pretreatment Standards ar any other National, State, or loco{ Pretreatmene Standards or Requirements. A. user may not contribute khe following substances to any POTW: (a] Any liquids, solids or gases, which by reason of their nature a• quantity are, or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or 6e InJurfous In any other way to the POTW or to the operation of the PaT1N. At na time shall two successive readings on an explosion hazard. meter. at the point of discharge Into the system; or at any other point in the system, be more than five percent (5$} nor any single readln.g be over ten percent {70~} of the Lower pxploslve 1_imlt (LEL] of the meter. Prohibited materials include but era not limited. to, gasoline, kerosene, naphtha, benzene, toluene, xyiene, ethers, alchohols, ketones, aldehydes, peroxides, chlorates, 13 SOG2815U.2 G 1$ porchlorates, bromates, carbides, hydrides and sulfides and any other substances Which the Authority, the State or EPA has notified the user is a fire hazard to the system. (b) 5olld or viscous substances in such quant[tles and/or qualities which may cause obstruction- to the flow In a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to: grease., garbage with partlcios greater than one-half (~"] in dimension, animal guts or tissues, paunch manure, bones, ha[r, hides or fleshings, enfralls, whole taiaod, feathers, ashes, c[nders, sand, spent Ilme, stone or mar131e dust, metal, glass, straw, shavings, grass clippings, rags, spent gr-alns, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, reslduea from raflning or processlny of fuel or fubrl~ating oH, mud or glass grinding or polishing wastes. (c) Any wastewater having a strength greater than: E301)5 Z5n mg Jl COd 625 mg/I 7SS 250 mgJl (Note: Under certain conditions, depending upon the consthuents In the wastewater, the Authority may agree to accept marginally higher strength wastewater on a con#Inuing basis, In such cases, a special sever charge wHl be established for each 7000 gallons of that spaciflc sewer return flow. ) (d) Any wastewater having a pH less than 5,5 or greater than y0.5, or wastewater having any o{her corrosive property capable of causing inordinate damage or hazard to structures, equipment, and/or personnel of the PO'i`W, 7u sor;2siso.2 C-1G (e) Any wastowater• containing toxle pollutants in suffle[ent quantity, either singiy or by interac#ion with other pollutants, to Injw•e or [nterfare whit any wastewater treatment process, constitute a hazard to humans ar animals, create a toxic effect in the receiving stream at the PDTW, or to exceed the limitation set for•fh In a Categorical Pretreatment 5tandard_ A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Sectlan 3117(a) of the qct. (f) Any noxious or malodorous liquids, gases, or solids which either singiy ar by interaction wllh other wastes are sufficient to create a public nuisance or hazard to Ilfe or are sufficient to physically prevent reasonable safe endlor tolerable human andJor mechanical entry into the sewers for inspection, maintenance and repair purposes, (gJ Any substance which may cause the PDTW's effluent or any' .outer product of tha POTW such as residues, sludges, or' scums, to be unsuitable for normal landfill dlsposal, land appllcatian reclamation or reuse, or to Interfere with the reelarnation process where the POTW Is pursuing a reuse and rec[emativn program. in no case, shall a' substance discharged to the pOTW cause the PD'fW to be in noncompliance with sludge use or ' dlsposal criteria, guldel[nas or regulations developed under Section t105 of the Act; any criteria, guldelEnes, or reguletlvns affecting sludge use or ' dlsposal de~elaped pursuant to the Solid Waste blsposal Act,. the Tox[c Substances. Control Act, the Fiesaurce Conservation attd Recovery Act, or 5tata criteria applEcable ~ to sludge management and/or disposal methods being used., 15 50625150.2 C-l'] (k) Any pollutants, Including oxygen demanding pollutants {BOD, etc.) released at a flow and~or pollutant concentration which $ user knows or should have reason to Itnow will cause Interference to the POTW. {I} Any waste5veter containing any radfdactive wastes yr iso- topes of such half Ilfv or cancentratian as may exceed iimlts.as permitted by the most current Federal or Stat® regulations or as estahllshed by the Manager in wmpi[ance With applicable S#ate or Federal regulations. (m} Any wastewater which creates a public nuisance, 4Yhen the Manayer determines that a user(s) Is Indirectly discharging to the POTW any of the above enumerated substances In such quantities or Gancentratlvns so as to interfere with the operation ar performance of the Pp7W, he shall; ]) advise the. users) of the impact of the fndlrect discharge en the P07W; and 2): develop effluent Ilmitation{s} for such user to correct the Interference with the POTW. 4.2 Federal Cate vrlcai Pretreatment Standards. After the prom- ulgation of the Federal Categorical Pretreatment Standard for a particular Industrial subcategory, and upon expiration of any compliance grace period, the Federal Standard,. if more stringent than Ilmitat[ons imposed under this Order For sources in that subcategory, shall supersede and replace the limitations imposed- under this Order for that particular industrial subcategory. Federal Categorical Pretreatment Standards that are more stringent than limitations Imposed under this order For sources in a particular' Industrial subcategory, end are already in existence at the #ima this Order becomes effective, shall also supersede and replace the limitations Imposed under this OI•der as they apply tv the particular 16 SOG28 i 50.2 C-1$ Industrial subcategory so regulated. The Manager shall notify all effected users of the modified appttcahle reporting requlrernants under 40 CFR, Part 403, Section 403, 12. 4.3 Modification of Federal Categorical Pretreatment Standards. Where Ehe Authority's wastewater treatment system achieves consistent removal of pollutants limited by Federal pretreatment Standards, .the Authority may apply to the Approval Authority for modlflcation of specific limits In the Federal Pretreatment Standards. "Consistent removal" shall mean reduction in the amount of a pollutant or alteration of the nature of the pollutant by the wastewater treatment system to a less toxic or harmless state In the effluent which is achieved by the system Jn 95 percent of the samples taken when measured according to the prace~ures set forth in 40 CFEi, Part 903, Section 403.7, "Genera[ Pretreatment Regulations for 1"xisting and New Sources of pollution" promulgated pursuant to the Act. Tho Authority may modify pollutant discharge limits in the Federal Pretreatment Standards If the requirements contained In 40 CFtt, i'art 403.7 are fulfilled and prior approval from the Approyai Authority Is obtained. 4..4 5 eciflc Pollutant Limitations, No person shall discharge waste- water containing !n excess of the pollutant [Imits below. The very stringent redulrements result from charactortstlcs of the receiving stream for Authority's wastewater dlschargo, Water QueHty Segment 1913, Mid-Gibolo Creek. The Wasteioad );valuation of January 1987 (WLE el-Qi) fQr Segment 1913 assumes a seven day-two year low flow (7QZ) of .1 C!"$. 'fha Texas 4fater Commission uses this low flow figure with the Authority's permitted daily average flow to calculate appt•oprlake Ilmltatlons under Texas 17 sa~za l so.a C-I 9 Administrative Gode 3x7.1 -- 307.10. These limits are based on ekhor flow-proportional ar timo-prapartional composite samples, {usually of 24 hours duration}, and are expressed In either mlcromllilgrams per lifer, (ugll) nr m111igrams per liter (mgh), as indicaked. 75.0 ug/1 arsenic 2000.0 uc+11 manganese 2440,4 ug/l barium 3.0 ugll mercury I.5 ug11 cadmium 14.0 ugll nickel 13.4 ugll chromlum(totai) 24.4 ugll selenium 16..4 ugI[ copper 3.0 ugll silver 7+1.0 ugll lead 1.0 ug11 alnc 240.0 mgll free ar emuisif[ed oils and grease iVote: 5peclfic pollutant Ilmltatlons may be adjusted on a case by case basis If sholvn, through an englneering study acceptable to the Authority, submitted by a registered professlonaf enginet,r, thaE no detrimental Impact will result to the system, ils processes ar byproducts. 4. R.1 Other Heav 1Neials. No other heavy metals or toxic materials may be discharged In public sewers without a permit from the Authority specifying conditions of pretreatment, concentrations, volumes, and oilier appllcehie provisions. • Prohibited heavy metals and tnxlc materials Include but are not ifmlted to.: Antimony, Beryllium, Bismuth, Cobalt, 18 saszs I s4,z C-20 Molybdenum, Tln, Uranyl Eon, Rhenium, Strontium, tellurium, Herbicides, Fungicides, and Pesticides, 9.5 Storm Water and Other llnpafluted Drainage• (a) ]~o parson may discharge to puljl[c sanitary sewers [ 1} unpolluted sto)•m water, surface We#er, ground water, roof runoff or subsurface drainage; (z) unpolluted roofing water; (3) unpolluted industrial process waters; or (q} other unpolluted drainage. (b) in compliance wish the Texas Water Quality Act and other statutes, the. Authority mey cleslgnate storm sewers and other watereaurses Into which unpolluted drainage, descrlt7ed In subsec#lon (a} of this section, may be dischnrgad. q.G State Requirements, State specific poilutan# requirements and [Imikatlons, If any, on Indirect discharges shall immediately supersede and. replace the requirements and limitations imposed 6y this Order when the State requirements are more stringent than either Federal or Authority standards and requ[rements. 19 SOG28150.2 C-2 t1.7 Authority's Right of Revision. The Authority reserves the right #o amend this Order at any time to establish more stringent specific poputartt limitations or requirements on Indirect discharges to the Regional 5ystem,IF deemed necessary ay the Authority to protec# the POTW processes ar to cure or prevent an effluent quality prahlem In treated wastewater andlor resulting sludges. The Authority reserves the right io amend #his Order to comply with the general obJectivos and purposes presentod in 5ectlon 2 of this Order, 4.8 Prohibition of pllutlon. No user shall ever increase the use of process tivater, unpolluted water, surface water or storm water or In eny other way attempt #o dHu#e either a direct or fndtrect discharge as a partial or compieto substitute for adequate treatment to achieve compliance with tho specific pollutant Ilmitatians contained In the Federal Categorical Pretreatment Standards, yr fn any other specific poNutartt limitations promulgated by the Authority andlor State and incorporated in this Order. 4.9 Accidental Dlschargea. Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this Ordar~ FaclilEles tv prevent accidental discharge of prohibited makerlels shall be prav[dact and maintained at the owner or user's own cast and expense. petalled plans showing facilities and operating procedures to provide this protection may- be required to ba submitted to the Authority for review, and shalt be appravad by the Aukitarlty before construction of the facility. IJo user who commences contribution to the POTt'! after the effective date of this- Order shall be permitted to introduce 2Q 50628! SQ.2 C-22 pollutants Into the system until accidental discharge procedures have been approved by the Authority. Review and approval of such plans and operating procedures shall not relieve the industrial user from the respons16111ty to modify the user's facl[1ty as necessary to meet the requirements of this Order. In the case of an accidental discharge, It is the responsibility of the user to Immediately telophane and notlfy the Manager of the incident. ~'he notiflcatlon shall include the time and location of the discharge, type of waste, coneentratton and volume, end cnrrectlve actions taken. 4.1Q Written Notice, Yiflthtn five (5} working days follawing an accldeaital discharge, the user shall be required to submit to the Manager or to his designated representative, a written letter report describing the ceusQ of the discharge and the measures #a be taken by the user to prevent similar future occurrences. Such natlflcatlon shalt not relieve the user of any expense, loss, damage, ar other- liability which may be incurred as a result of damage to the POTW, the environment, or any other damage to person or property; nar shall such notification relieve the user of any flues, civil penalties, or other liability .which may be imposed by this. Order ar other applicable law. Failure to notlfy the hlanager of an accidental discharge may result in legal action ar discontinuation of service, 4.71 Notice ko Employees. Employers shall take measures to Ensure that qll appropriate employees be advised of the natlFlcation procedure to be used In the event of an accidental discharge. 21 soszalso.z C-23 SECTION 5. Fees and Assessments 5, 1 Yurpose•. Tnls secHvn providos far: a) recovery of costa for mvnltoring industrial discharges; and li): assessments far discharg$ of overstrength sewage. , 5.2 Schedule of Pees, The fees will consist of three (3) basic charges. These Include: a permit fee requlred of all lndustrlal users; a sarnpling fee io be Levied at the llma of sampling; and an analysis fee io recover the casts of sample analysis. The fee schedule wlll be attached to and became part of the Industrial i'~astewatel• Ulschargo Permit. {see Appendix A-7 ). 5.3 Assessments. Any person dlsaharging overstrength sewago, Into the Authority's sewer system will be subject to levy of an assessment for violation of this Order. (See Section 4.7(c} and Appendix A-2~ SECTION 6. Adm[nlstratlon.. G.1 Wastewater Olschar es. It shall be uPlawfui to )ndlrectly dis- charge any- lndustrlal wastewater into the Regional System {pOTW included therein) without first applying for and receiving a permit to do sv. This rule• shall apply except when the Manager ar this Order speclflcally authorizes an indirect discharge in full accordance with other provisions of this Ordor. 6.Z induskrlal 4Yastswater Dlschar a Permlt. 6;2.T Permit A Ilcatlan. Users required to obtain an lndustrlal Wastewater Discharge Permlt shall complete and file an application with the Authority of a form prepared by the Authority. The Information requested may Include the following items: zz 50628150.2 C-29 (a] Name{s}, address(es), and locatlon(s}; {b) SEC number according tq the Standard lndustria~ Clas-- slFlcatlon Manual, 1972, bureau of the Budget, as amended; (c) The nature and concentration of any pollutants In the discharge which are limited by the Authority, State or Federal Pretreatment Standard, as dekermined by a Registered Professional finglneer; sampling and analysis shall be performed In accordance with procedures established by the EPA pursuant to Section 3D4(g) of the Act and contained In 4D CFR, Part 136, as amended; (d) 7"lme end duration of contrlbutfon; {e) Average dally and peak wastewater flow- rates, including daily, monthly and seasonal variations if any; (#} Site plans, Hvvr plans, mechanical and plumbing plans, and details to show all sewers, sewer connections, and appurtenances by the sire, location and elevation; (g] >]escriptlon of actlvltles, Faclllties end plant processes an the premises including all mat®riais which a.re, ar could be discharged; (h) Each product by type, amount, process or processes and'. rate of production; (1] Type end amount of raw ma#erlals processed (average and maximum per day)'; {]} Number and #ype of emplvye~a, and hours of operation of plant and, iF required in accordance- with other provisions herein, [he proposed or actual hours of operation of pretreatment system; (Ic) Any other relayant inFarmatlon as may be deemed by the 23 50628150.2 C-25 Au#horlty to 6e necessary to evacuate the permit appilcatlsn, or as required under Section 6.5 of this Drder. 6.2.2 Permit Modifications_ upon the promulgation of an appiicable Categorlcal Pretreatment Standard, the Industrial Wastewater Discharge Permit of users sub]ecl to such Standards shall be revised to require compliance with such Standard within the lima frame prescYibed by such .Standard. WE7©re a user becomes subJect. to an applicable Categorlcal Pretreatment Standard, and has. not pravlously submitted an application for an Industrial Wastewater Discharge Permit as required by 5.x.7, the user shall apply for an Industrial Vdastawatar Dischargo Permit within 780 days. after the pramulgatfan of the appJlcable Gategoriea[ Pretreatmenk Standard but shall also comply With such Standard within the time frame prescribed by such Standard regardless of local permit issuance scFiedule. In addlElan, the user with an axlstlttg Industrial Wastewater Discharge Permit shall submit to the Manager within 18'0 days after th6 promufatlon of an appilcable Categorical Pretreatment Standard the Information requlrad by paragraphs (a) through (c) and (k) of 5ectlon 6.2.t. The Manager reserves #hp right to modify existing permits when In his Judgment suct7 modifications will protect the health and safety Interests of the users of the Regional System. Changes of occupancy, ownership or operations o¢ a permitted business shall be reported to the Manager witl7ln thirty (3[F) days of such an occurrence and the user must further comply with 5ectlon 6.2,5 contained herein. 6.2.3 Permik Candltlans. Wastewater Discharge perms#s shall be expressly- subJect to alt provisions of this. Order and a]1 afher applicable 2q sobz81so.2 C-2G State and Federal regulations, as well as the user cha~'ges and fees establlsiied by the Authority. Aermits may contain the following: (a) The unit charge or schedule of user charges and fees far the wastewater to be discharged to a Regional System sewer; {b) Llmlts on the average and maximum wastewater constituents and characteristics; (c) t.imlts on' average and maximum rate and time of discharge or rec)trlrements for flow regulations and equa![aation; (d) Requirements for Installation and maintenance of inspection and sampling faclllt[os, including technical data relative to location, slope, and capacity of piping used In the sampling facility or discharge point; (e) Specifications for monitoring programs which may Include the number of sampling locations, frequency aF sampling, number, typos and standards for tests and reporting schedule; (F) Compliance Schedules; (g) Requirements for submission of technical reports or dlscltarge reports; (h) Requlramonts for ritalntaining and retaining plant retards rolating to wastewater discharge as specified by the. Authority and affording Authority access thereto; (i) Requirements for roportlhg the Introduction of any new wastewater constituents or any substantial change ]n the volume or character of the wastewater constituents being Introduced into the Reg[onal 5ystom; [Sea Appendix C) 25 50628150,2 C-27 If) liequlrements for reporting slug discharges as per the provisions of this Order; (k) Qther conditions as deemed appropriate by the Au#horlty to ensure compliance with this Order. 6.Z.~I Permll Duration. Permits shall be Issued for 'a specified time period, not to exceed flue {5) years. A permit may he issued for a p4rlod of less than a year or may be stated to expire an a specific date. The terms and rnndltinns of the permit are subject to modification by the Authority during. the term of t)ie permit as IEmltetions or requirements as Identified En this Order are modified or other Just cause exists that. warrants modiflcatlan. The user shall be Informed of any proposed changes in his permit prior to the effective date of the proposed change. Any changes or nev~t condltfons in the permit shall include a reasonable time schedule far compliance. 6.2.5 Fermlt Transfer. Industrie{ lifastewater Discharge Permits aro Issued to a specific riser Far a specific aperatipn at a specific locakla{~. A wastewater discharge permit sha)I not be reassigned or transferred ar sole! to a new owner, new user,. dlffereni premises, or a new ar changed oporatlon without the prior approval of the Authority. b.3 Monitoring Facilities. The 12egfonal System may requ[re monltor- fng facilities that allow inspection, sampling., and flow measurement. of the d[scharge point andlor Internal drainage systems located on private property. 7hesa facilities. shag be provided by the user and operated at the user's expense. Tha monltorlncd {acuity should normally be situated on the 2fi 50G2S 150.2 C-28 user's }remises, but the Authority may, wizen such a location would be impractlca! yr cause undue. hardship on the user, allow the facility to be constructed in the publlc street ar sidewalk area and Ivcaied so that It wEll not Create a public safety hazard nor be obstructed by structures, landscaping or parked vehicles. ' 7.ltere shall be. ample room In or near such sampling manhole or facility to safely allow for inspection personnel. to position sampling equipment and prepare fletd samples or analysis. - Whether constructed on publlc or pe[vate property, the sampling and monitoring facilltles shall be provided in accordance whit the Reglonat System requirements and ail applicable local constructtan standards and speclflcalions. 6,t1 Inspection and 5ampling, 7ho Authority shall Inspect the facilltles of any user to ascertain whether the purpose of ibis Order is being mat and all requirements are being compiled with. ~mplvyers and employees of premises where Industrial wastewater Is generated ar discharged, shat! allow authorized Authority representatives displaying proper identification ready access to the premises at all reasonable times far the purpose vf: inspecting wastewater generating operations and processes,- wastewater flow monitoring and sampling; and examination of business records pertinent to wastewater volume and quailky, Wlters a user has safety and/or security measures En force which require user Issuance of special safety equipment and/or proper Identiflcatlon and clearance before allowing entry Into Ihsir premises, the user shall make necessary arrangements with theh• security 27 50528150.2 C-24 guards or similar personnol, so that upon presentation of suitable Identifications, personnel from the Authority, the State, ar EPA Will be permitted to enter, without delay, for the purpose of performing responslbllltles reasonably associated with those staked above and reasonably required to accomplish the purposes and .obJectlves of this Ui-der. Cancentratlan and constituent analysis of Wastewater from samples collected from any Industrial user may be determined by the Authority or Its authorized agent, a Registered Professional Engineer contracted by the discharQar, or by any o#heC qualified party approved by the Authority. If the discharger electes to contract with a Registered I'rofessionaf .Engineer for sampling t3nd analysis pf Sastewater, the report submitted should contain a statement that the samples collected and values determined are based on dally composite sampling representative of the establishment's flow. The valumo of wastewater may be determined by methods. similar to those typically used to calculate the monthly general service customer sewer service charge. . 6.5 Pretreatment. Users shall provide necessary wastewater treat- ment as requlred to comply with this Order and to achieve compliance with all Federal Categorical Pretreatment Standards within compliance schedule requirements as specified by the Federal Pretreatment Regulations. Any facllltfes requlred to pretreat wastewater to quality standards required 6y the Authority or athar approving entity snail be provided, operated, and maintained at the user's expense. Detailed plans show.lncd the pretreatment facilities and an autlEne of the pretreatment facility operating procedures :6 so~zalso.z C-30 shall be prepared by a Registered Professional- hnglneer and submitted to the Manager far review. Ali plans shall be approved by the i49anager before construction of the facl.llty. The user shalt insure that construction of said treatment facility Is acco[npiished .within the #ime period specified by the Auihorlty. A schedule for completion with periodic progress reports may be required. 7ho review of such plans and aper•ating procedures will In no way relieve the useY from the. responslbllify of modifying the facll9ty as necessary io produce an effiluent acceptable to the Auihorlty under the provisions of this Order.- Any subsequent changes In the pretreatment facilities or their method of operation shall be reported to and ba reviewed far approval by the Manager prior to the user's inltiatian of the changes. Aq records relating to compliance with Pretreatment Standards shall qe made available ka officials of the Au#horlty, the 1=PA or the State of Texas upon request and _ shall be retained by the user for a minimum of three (3) years or until any ongping litigation involving the pr•etreating user, and related to comp[iance with this Order, has been resolved. G.5, 1 Inltlal Compliance Report. Within thirty (30) days following the Inltlal date required pretreatment Facilities era- operational or, required modlflca#ion of production processes affecting the quality ofi wastewater discharge are complete, or, In the case of a now source, the commencement of the introduction of wastewater into the PO'TW, any user subject to Pretreatment Standards and Requirements shell submit to the Manager a report Indicating the Nature and concentration of all pollutants !n the discharge from the regulated process which. ere limited by Pretreatment. 24 so~zslso.z C 31 Standards and Requirements. The report viii Includes average and maximum dally flows for these process units in the user facliiiy which are ilmited by such Pretreatment Standards or Raqulromen#s, Tire report shall state whether the applicable pretreatment S#andards or Requh-ements are being met on a consistent basis and, If not, what additional operatlori and maintenance and/or pretreatment Is necessary to bring the user Into cpmpilanco with the appiicabie• Pretreatment Standards or Requirements, Thls s#atement shall be signed by an authorized representative of the Industrial user, and cartlffed by a Registered Professional l:ngfneer. For industrial users not Failing under Categorical. Standards, certain reporting requirements may he madiflad as deemed appropriate. 6, S.2 Perladic Com iiance Re orts. (1~ Any user subject to a Categorical Pretreatment Standard requiring pretreatment facilities sha11, fn accordance with 40 CFR, Part 403, submit to tha Nlenager brief reports Indicat[ng the nature and concantratlon of pollutants In the effluent which are Hmited by such Pretreatment Standards. Theca brief reports wil! 8e submitted at least twice ennuaHy or as required tsy tho Manager. !n additlan, these reports shah Include a record of ail dally flows which during the reporting period exceeded the. average daily flow reported In Sections 6.2.1 {e) and 6.2.3 (c) of this Qrdsr. At the di3oretian of the Managor and in cons[daratlon of such factors as local hlcuh or low flow rates, holidays, Uudget cycles, etc„ the iNanager may agree to after tho months during which the above reports are to be submitted , 34 50628150.2 C-32 (2) The Manager may Imposes mass Ilmitatlons an users, which become a part of the permit, in cases where tho Impasltion 6f such mass Ilmltatlons are appropriate. In such cases, the report required by subparagraph {1) of tills paragraph shall indicate the mass of pollutants in the effluent of the user regulated by Pretreatment Standards. Mass Ilmltatla#ls a.re expressed for a pollutant !n terms of the parmisstble mass discharge In pounds or kilograms per day or in pounds or kllagrams per unit measure of product produced by the Industrial process being regulated. These reports shall contain the results of sampling and analysts of the discharge, Including the flow, nature,. sod cancentrat[on, ar production and mass where requested by the Manager, of polio#ants contained therein which are limltetl by the applicable Pretreatment Standards. The frequency of monltaring shall 6e prescribed In the Industrial Wastewater Discharge Permit or In the applicable-Pretreatment Standard, All analyses shall be performed in accordance with procedures established by the Adminlsirator pursuant to Section 304 {g) of the Act and contained 1n +It7 CI±R, Part i35 and amendments #hereta ar with any test procedures approved by the Administrator. Sampling shall be performed En accordance with techniques approved by the Administrator. 6, 6 Confidential ~ InFormatlon. User lnformatldn and data abtalned ' from reports, quest[onneires, permit application, permits, and monitoring programs and from Inspections shall be available #o the Authority, 1•WC and EPA without restriction. Regarding dlstl~lbution of the above descr{bed lnformatian to other Interested parties, Encluding the general putiilc; unless 3i SOG2& 150.2 G33 the user specifically requests and is able to demonstrate to the satisfaction of the Au#horlty that the I-elease of such informatlan would divulge Information, processes or methods of production entitled to protect[on as trade secrets of the user, the Informs#ion will be made available to the publEc. . When requested by the pet•son furnishing a report, the portions of a report which might disclose trade secrets ar.secret processes shall not be made available for inspection by the public but shall be made available, upon written requott, to 7WC and EPA For uses related to this order, the National Pollutant l]ischarge Ellmination Sysiem (NPDE5) Permit, State Disposal 5yslem permit and For the Pretreatment Program; provided, however, that such portions of a report shall be avallabie For use by the State or EPA In Judlclat Yevlew ^r enforcoment proceedings Involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidentla! information. SECTIQN 7'. Enforcement. 7. 1 dangerous Discharges. The Manager may unilaterally order the suspension of Water andlor wastewater service(s) to any user In order to prevent or eliminate an Indirect discharge which would In his judgement, or the ~udgelnent of the Authority's consultant engineer, cause Imminent, serious endangerment tp the environment, significant Interference with the I'~TW, ol• violations of the Authority's NPRE5 permit conditions, Concurrent with ordering such a suspension, the Manager 3z 50628150.2 C-34 sha[I -issue €~ brief written letter report containing Information and lnvestlgatkve data upon which the Manager relied En ordering the suspension of service(s~. A copy of this repor# wNl be expeditiously forwarded to the affected user{s}.. '{'he Manager shall order reinstatement of any discontinued water andlor wastewater servlce(s} upon presentation to him lay the user of written reglsteo•ed professional engineering proof or other written proof acceptable to the Authorlty that the dangerous dlscharge has been ollminated and that recurrence is not possible. Cost Incurred by the Authorlty or Its agents In detecting, investlgating, monlforing, measuring and ellminating the dangerous dlscharge, along with any disconnect and reconnect fees, shall be reimbursed to the Authorlty by the users} responsible for the dangerous discharge. Because of the urgent public need to Immediately abate such dangerous dischargos, the affected user is not afforded an adminiskrativo review hearing before the Board of Directors prior to the Manager ordering suspension of water andlor wastewater servica(s}. Subsequent to an order to suspend servfcs(s}, the Manager shall Issue n notice of alleged violation to the affected user an opportunity for administrative procedural review of an alleged violation of this Drder andlor an Industrial Wastewater Discharge Permit. . 7.2 .Notice of Pilfeged Violations. VYhanever the Manager believes that a user has violated or Is vlolating this.Ordet` andlor en Industrial Wastewater Discharge Permit, the Manager or his designated reprasentetlve 33 so~2stso,z C-35 may serve (either personally ar by registered or ~ertifled mail return receipt reryuested) upon. such user a written notice stating the nature of the alleged violation. The .recipient of an alleged violation notlee must respond In writing to the Manager or his designated representative wl#hEn fifteen (15) working days of the mailing date or personal delivery date of such notice, 7.3 Response b~User to 1Votfce of Alleged Vialatlon. The user re- sponding to receipt of an alleged violation notice shall file written response In substantially one of the two fallowing forms: 7.3.1 Should the user admit his or her responsibi[ity Far the alleged v}olatiort, the user must submit a letter report to the Manager. iF the i3ature of the violation of either the permit vr. this order invaives an administrative or procedural nancampllance, the letter report shall contain information regarding corrective measures and time schedules the user has adopted to assure expedlt}ous compliance. 7.3.2 5hauld the user deny his or her responsibility fpr the alleged violation, the user must submit a letter report to the Managor. Regardless of the nature of the alleged violation (be It substantive rogarding specific discharge(s) of Industrial waste, or administrative or procedural] the latter report may request an administrative hearing before the ~laard o.f Directors to address. the alleged viala~lon. in tho ~iternative, the user may waive h[s or her right #o an administrative hearing before the Beard of Directors and dofend against any legal action taken by the Authority In khe appropriate court of Jurisdiction. Within ten (10) working days of the receip# by the N+anager of any written request for a hear}ng, the Manager or his designated 3 ~l SQb28150.2 C-3G representative shall respond !n writing to the usor notifying the user of the date, time, and incatlon of the hearing. All hearings shall take place wHhln shirty {3Q] working days of the receipt by the r,~anagar of the written request far such hearing. - 7.3.3 Should the recipient of an alleged viol@tlon notlce fall to Yesppnd In writing to the lUlanagar wlthEn the fifteen (-15] working days response parsed as outlined above In 7.2, 7.3, 7.3.1, 7,3.Z, the recipient user Is deemed to have waived his or her right to request an administrative hearing before the Board of Olrecta-s and may be sued or prosectued for the consequences of the violation cited In the notlce of alleged violation at a Legal proceeding In the appropriate municipal, county; district, or federal court. 7.9 Board of Directors Nearing, The purpose and Intent of the Board hearing process is to afford- a user requesting the hearing a nanlitigatlve forum at which alleged Qrder or Permit violations may be reviewed andlor resolved. The Beard of Directors may Issue notices requesting the attendenco and test[many of witnesses. and oxparts famllEar with alleged vfolakions. The Board may also call for the, production of evidence relevant to the alleged violation. At tho hearing, a majority of the Board of Directors shall- receive evidence and testimony f`ram both the Authority staff and the user In both written and oral farm. At the conclusion of the hearing the Board members present shat! preparo a summary report of the proceedings addressing topics such as; suggestacl enforcement or legal actions, If any; compliance schedules; proposed 35 sa6aslso.z C-37 amendments or modifications to either the Industrial Waste Order or an Indsstrial Wastewater p}scharge Permit; discontinuance of wastewater services; changes In adminlstratlve er enforcoment staff procedures; suggested pretreatment facilities far a user or class of user, etc. 7.5 f_egal_Actlon. 1n spite of any other provisions contained In this Order, the Authority reserves the right to at any time seele legal andlor equltabie• remedies against any person or corAoratlvn allegedly violating this Order, the provisions of an Industrial Wastewater l)Ischa~•ge Permit, andJar Federal or -State laws governing water quality and Industrial wastewater pretreatment. A legal proceeding prosecuted under this prder does not constitute a waiver by Lhe Authority of any right the Authorl#y may have to loin in a legal action orEglnating from some alternative source of law. 'Fha Authority staff may commence such actions for appropriate legal and Jar e9uitabla relief In courts having proper Jurlsdlct[on upon authorization by the Board of t)EreCtors tv dv so, ? S>=C71OH e. Penalties and Casts. 8, l Civil- Penalties, Far violations of this Order, which are also vlvlatlons of the Act, the Manager may petition the Administrator andlar the Board of Directors to bring suit In either bistrlct Court of the United States or of the State of 1'axas far the district in which the defendant Is located yr resides yr Is doing business, and such court shell have Jurisdiction to restrain such vivlatlon, to require Compliance, to levy fines to the maximum extent of the law and of the ACt, and to render a judgement against the defendant for recovery of court and adminlstratlvn costs Incurred by the 3fi 5062Si50,2 C-3$ r ward of Directors In iiringing suit against the deFendank. 8.2 Criminal Penalties, Section 309 of the qct, specifically Sect[on 304 (b} and (c} oulllne civil and criminal penal#les for violations of the Industrial Waste Order which are also vlalailons of khe Act. Any person why negligee#iy violates Sections 3.01, 302, 307, 308, 3t8 or 405 ~af the Act shall 6e punlshvd by a fine of oat less than $2500 oar more than $x5,40U per day of vloletion, yr by imprisonment For not more than one year, or by both. Any knowing vlvlatlan of the agave provisions of the Act shall be punished by a fine of nut less than $5000 nor mare than $50,000 per day of violation, or by Imprisonment far not more then 3 years, yr by txrth. >'urther and mute severe pertaltles arc prescrltsed for knowing endangerment for placing another person In Imminent danger of ser[aus bodily InJury or death through vloletion of the above provisions of the Act. 0.3 Additional Penalties. Each clay on which a violation shall occur or continue, whether It be aF a civil ar criminal nature; shall he deemed a separate and d~stlnct actionable offense. [n addition to the . penalties provided for herein, the Authority racy seek recovery in a court of competent jurisdiction For any actual damages tv the POTW. ^amages to the PO"fW specifically Include cantamination of sludges, residues, or of the Authority~s designated sludgo disposal area which result Pram unauthorized discharge into the PQTW; and the Authority may seek recovery of all costs associated with speelal Handling and disposal procedures required to comply with Section 405 of the Act, the 'I'oxlc Substances Control Act, the Solid Waste glsposai Act {SWDA), the Texas Department of Health and Texas Water Commission sludge management regulations which become applicable as 37 50628154,2 C-39 a result of such contamination. The Authority may also seek reasonable attorney fees, court Costs, and pthBY expenses of litigation along with ail other relief, both In law and in equity, to which It might 6e entitled, Additional recoveries and relief In law andlor equky under exl5ting Federal or State law are not precluded by spacl.ffc recoveries obtained by the Authority under Sections e.1 and B.2 of lh[s Order. e.b False Statements, Any person who knowingly makes any false material statement, representatlan, or certlflcadan in any application, record, report, plan, yr other- document filed or required to be maintained under the Act ar this Lndustrial Wlaste Order shall, upon conviction, be punished by a fine of not mare than $1 Q, 400, or by Imprisonment of not more than 2 years or by bath. SECTION 9. Severabillty, if any word, phrase, clause, paragraph, part of prvvislon of this Order oY Its si.ebsectlans or the appllca#lon thereof to any person or circumstance shall be held to be Invalid or unconstltutionai, the remainder ofi that subsection and of this Order shall nevertheless be valid, and the ward of Directors hereby declares that that subsection would have been enacted without such fnvaiid, or uncnnstltutlonal word, phrase, clause, paragraph, paYt ar provision. 3B SUG28150.2 G40 SECTION 70. Conflict. All other Orders and parts of other Orders Inconsistent ar conflicting with any pa1•t of this Order are hereby repealed to the extent of such inconsistency or conflict. PAS51=D, ADOP'T'ED AND APPROVEq on t}tls, the ~~ ~ dey of c~ -. _, ~ 1941. l~ ~ _ ~+ ,'}~ AU'TI~ORITY SEAL re i ht, qar o D rectors Y , CiboJo Creek Municipal Authority ATTEST: G/ Secret y, Boar of rectors Glbol Creek Municipal Authority 39 SOG28150.2 C-41 CIBOLO CREEK MUNICIPA4 AUTHORITY IiVDUSTRIAL WASTE ORDElZ APPENDIX A SCHEDULE 01= I=EES AND ASSESSMENTS A-I. Fees associated with administration of the Industrial 4Yasto Order will be as follows: (I) Permit Fee. A fee of $1i1v,00 wEll be forwarded wi#h each completed application for an Industrial sewer connection. (z] Sam Ifn Fee. A fee of $5v,v0 will be charged to the permit holder far each on-site visit conducted by Authority personnel for fife purpose of gathering samples, In accordance with Section 6.N of the Industria[ Wasto Order. (3] Analysis Fee. M those cases where samplr~ analysis requirements exceed the testing capabilities of the Authority's laboratory {e,g, heavy metals content),, the Authority will arrange far samples to be collected by a contract laboratory for analysis, end the cost of such service will be charged to the permit hafder_ A--2. Assessments levied for vlolatlons of the Industrial 4Uaste Order by discharge of overstrength sewage will be as follows: (1) Overstren th 5urchar a Assessment. Any person dlschaYging or a awing the discharge of oyei~strength sewage into the Authority's seweY system (whether such discharge be direct, or a dlschaYga which first passes through the sewer collectlan system of a contracting entity), will be sutiJect to an orrerstrength surcharge assessment. As per Section 8 of this OrdeY, it will be the Authority's aptlan to eithet• levy an assessment or to make a legal filing for enforcement of penalties as prescribed In the Clean Water Act, as amended by the 1Nater Quality Act of I9v7, 'P.L. I00-+t, Section 309(c]. IF the Authority opts tv levylcollect an assessment far a violation, than no legal filing will tie made, An .assessment of $500 may he charged for any discharge to the Authority's sewer system which exceeds any ono or ail of the parameters listed fn Soclion +i. t (c) of this Order. To allow a margin for possEbTe test ins#rument~Jpracedural variances, the parameter levels above whleh an assessment will tae levied are as follows; BOD5 275 mg /1. CO^ 700 mglL TSS 275 mglL An assessment may he levied for each day in which an overstrength sewage dlscheYge violation is de#ected. An vyerstrength discharge dQtected on any given day will be deemed a separate and actionable violation from any previous or fallowing day's violation, The person/entity responsible for the viola#lan will be notified by le#ter, either hand-delivered or certified United States mall, Tha $50v assessment must be remitted na later #han thirty (34) days from the date of notiflcatlon that a violation has occurred. 30G28 t 50.2 C-42 CIBOLO CREEK MUNICIPAL AUTIiORITY APl'1=NDIX & INAt1STRIAL WAS7>;V1-ATER t715CIiARGE PERMIT APPLICATIQN Please complete this- Fnrm and return wish $1Q0.011 application Fea to; Clholo Creels Municipal Authority ' P. 0. Sox 930 5chertz, Texas 70i5~i SECTION A. GENERAL 1NFORMA7tON: 1. Company i~lame: 511628 i 50:2 2. ~ ServlcE Address; ip Code: 3. Mailing Address: Zip Cade:_ A. Name L Title of Signing OFFlcial Phone: 5. Name 6 Title of Contact Person: A one; SECTION B, PR4RlIC7 Olt 5ERVI.CC iNFURA9AT10N; 1. t3rlef narrative descrlpllan of manufacturing ar service activity and rate of production: 2. Principal Rapt Material(s) used: 3. 4. 5. Process Catalystis] used: Amount of Raw Nlaterlai Used Per Year: Standard Industrial Classlffcation Number For all Processes: b. Principal Chemical(s) used; please supply annual usage wIU, amount dls- charged to sewer; B-i C-93 SECTION C. OPERA'T'IONAL CHARACTERISTICS; i. .Ara taaJol' processes hatch or cantlnuaus7 2. Average number of batches per z4. hr, ponied. _ 3. Are your processes subJect io seasonal varfailan7 +I. If so explain these variations; 5. Shift variation: a, Number of work days her week: Number of Shifts; b. Average number of employees per shift: 1st Shift slant t[me; 2nd Shift start time; 3rd Shift start time: SECTION D. SEWER CONiyECTIQN ANp DISC!-LARGE INFORitrIATION ]. Number of sewer taps: gaze of Lines: Average flow (gals. ] per 2+i hrs. per ear 2. Type of primary metering device {flaw) t)escriptlon;_ 3. Source of Water: 4. Other point of discharge: (I.o. storm drain] SECTION E. PftETREATPAi=NT FACILI7"IES: (Ta be completed whe+•e pretreat- ment facilities are in use.} _ 1. Describe aperatiurt of pretreatment facilities: x. primary pollutant.{s] designed to remavo: 3. Estimated pollutant quantity removed per year: +1. Fete of pollutant(s) removed: 5. Was#e Hauler: a. Name: b. Address c. Phone d. Number o loads hau ed per moat ; e. Quantity hauled per load: 6. Are chemicals stared on site: B-2 5462 $.154.2 C-~44 7, Describe actions taken In case of accidental spill: 8. Name of operator of faculties and title; 'J. List certlflcations, If any: SECTION F, PRIORITY POLLUTANT INFORMATION: Please review the chemicals listed on pages a through 7 of this questlonnai}-e, List and provide the following data far each chemical comppund which has been Indicated as "known present" in the table below (attach additional sheets. if needed]. ITEM NO, CHEMICAL COMPOUND ANNUAL USAGE (LBS,) ESTIiV1ATED 1.055 TQ SEWER LHS.IYR. SECTION G, ADDITIONAL EXHIBITS The applicant will submit in addition to 5e~tlon6 C, D, E, and F the 'fallowing exhibits as prepared by a Registered Professional Engineer or licensed Architect. ~. A plat of the property showing accurotely all sewers end drains, au water wells or sources of water and their locations, along with their size and maximum rate of flow. (Exhibit C-i) 2. A complete sclieduie of all process wate~•s and raw industrial Waste produced ar expected to be produced before pretreatment (if any] at said property, including a descriptl.an of the character of each waste, the dally volume and maximum rate of discharge and reprosentatlve analysis of the raw waste. ~ (Exhibit G-2) 3. Alans and speclflcetions capering ail pretreatment facilities far waste treatment proposed to be performed on the waste under Ibis permit with a fuii description (laboratory aneiysls) of .the character of the waste to ba discharged to the pubAc sewer, dally volume and maximum rate of discharge to the public sewer, (Exhibit G-3) U. Plans and specifications of the grease, oil and send Interceptor and control manhole. (l=xhiblt G-q] B- 3 50628150.2 C-45 CRri3nx"CY POLLIITA!!T INfi]RP[A'XXQN: Pune 1 v~f 2 Plcsaa indlcake Ly placing ail "X" in [Ile npL~raprint@ box Ly each listed clletn- err ieol whether It is 3usp0sCCd to b@ AU.aent, Known to he 11Usent, 5uapected to 6e 4; Present, ox Knn+m Ca La Presen[~iu your manuEnctuxing nr socvica activity ar gen- Y gated as a•bypKpdu¢t.' Soma compounds arc luloun by other names; tlmse compounds I ~ +ave been marked s~ii:h pateriskq.k S.oc Appaudlx A For Synonym i.i.aCina. .,, ' ~ ~~ H of ['EkTI • A -~ A d u N n. u I~ a LTA[ ~ ~ -AS U w u ~ po cuEr[LCn1. calreouNa _ ~, ~ y cirr~ircnr. coaieoulin ' „ , , . ~ rn !. ammonia ~1~. ckiOCohenxen@ 2. aeh@s COS (fi6xous _ 4U. ctllornethaneFr a, c snide (trrtai) _ _ 49. 7-chlornet!- ivin 1 aCl~er 5U. chloeoEgrw~ 4. antiman {tarnl] _ 5i, chlotomcthune~f S. arsenic (Co CSI. ~ S2, 2--C[+larann hthalene b, her ill.um (fatal) _ Y 57. 2--cillaro ilenol.'i 7. cadmium (kn.t~l) _ 54. 4-chi.ora knn i hen 1 ether _ Q, ehl:ouliuw (Coral) .55. chr send` . 4. ca er toealj 56, y y~ _ Unpf, !0, lead' total _ 57. +1 4' - UUE" ll. mercur (total} _ 50. /i 41 -+ 1)az++ l2, nickel (total) 59, dihenza(a h~nnChtatene'ti f I f a. r s~szsl5o.z G~f6 PIlIOAlYY i'OLLL1tA1'IT ItIFQR11(-TIUN (Continued _ ~ "` Pam e~~ . .. ~ .~ - , ~1 ~ ~ ~ 41 W a q ~ w ~ N ~ ~ '' 47 iiD CtICHICAL COMPOUND a~ ;, N a LZ'E1L ~ ' ~ n. a, . Vy qq ?~ u1 G N0. C[I[JILCAL. COtll'URND yr ~ +n ~ 94, hexachloraUenzene'~ ~{ e+! p +L y- [ ~~j X 95. hexathl.oro6ukadiens L12. i'Ct3-1740* 96. hexachlorac c] o enta- i13. FCn-1254 , dieneh 114, ' PGl1-126Qi4 - 97. hexaghlornekhaneh 115 entuchiato 1~ena1 9Ei. indeno l 2 ]-cd) reneh 11G. hennntl¢ene 94. i9o hdrgne* ~ Y lll. ii~cnol - y ' nn _ ... 1111 _ _ nvrnnv I lene~ chZoxid ha3.~na benzene -~.._ CnnhaR..l * ~uu. >'C>l-LOLGh ' X109, PCO-L2Zl~t i1 pcs-tzsx* LL1. PCD l242~t _ uu, L L 2 2 ~Cetrachloroethana~ ~_____, ~ , _ 121, tettacltl4roethenei 127. ~ t0lLlelle~ incry _ 1z3, tox:~ Mena 1`7eti _ L2~~, L 2 ~i-CriChlntohenze Lnek 125. _ ne L 1 ! k[ichl4raethanek ' • - L2G. ~ 1 1 2-tricl~lorastlEgne+~ ~--- 127• trichloraeCl-ene* 120, triehlorofzuorumetilane~ L~9, 2 4 G-trichlato henol 130, vin 1 chluriden B-S ~~. k•' ~~. i~ 44k' I,. 50628150.2 G-~47 ss3ctlon H ' APPGIIUIS 8 ^ pIIIORZT'Y AOLUTflkiT SYkIOkIYk1 I.~ST1tICS page 3 of 2 ' CI[F3kICAL Cotle4ullo ~ SYkIOk[YH , ben;a(a)pnChrncenn - (,2-henznnChtucrsna . ' 2,3-beitxphennnthrene , IS. ,a(n)pyrnne: - 3,4-Ucnzapyrene henzo(g.h,i}perylepe 1,12-benzoperylane - Etenza(k)Jauotnnthena ll,l2-henzoElugranthene g-li11G llndann_ ! - hls-{2^ahlotaethyl}gCher' z,2'-dicftlaraethyl ether' - hls(2^ah,loroethoxy)methane z,2~•-dicftleraetltosy taethane bis{2-chloC'o5,saprapyl)athar 2, 2'-+IAclt7,aroisopropyl ether ~ ' E~is(eliLarnmathyl)eCher - (sym)dlaltloromeChyl ether '. • bia{7-ethyl.hexyl.)phkhalata F, 3'-dln[hylltexyl phi:ltalnt:n - • ~ btomodichlaramnthen$ - ~ diclilorahtotaomethana htamoEarm ~• trittramomnChans3 - bromomethnne r methyl Lroml,da • .• - ea-than teCrachloxide , • tcttachlorgaathnna ~ •~ 4-cE-loro-7-•meChylphgna~l '. pare-cltlore-meta-tFeaol. chl.araaCltatse eChylchlgride ' .ehlarofurm Y 's ~ •Crichlorgmt3khano .. •• • cltla>;gme~hapa • ' methyl al-larida ` i . .. '.. -, Z'chlotophennl ~ • pate--cltlataphenal •' ' chrysenQ 3,2--benz¢henanthrena • rt -ApU'. ~ .~ ~ dichlorodipheny3,dich~.oraathane .. '- • P ~ P'--TpE ' ~ ~ - tntrachlorodt hen lei:hnne - P Y ' • - ~ - bi1~ . 4 4' . _ dlcltiaradiphenyldlchlotgethyleno •~ • ~i,ri~-Dl)T •• '• P~P~`d13% , . •dieltlgrodiplsenylt:>;ichloroathanv ' diharizo{n,h)anChracen4; ~'' 1,2,5,6-dibenzanthrncena •- , dibromochia>;onethnne • . chlatodibramamecltono •' ~ ' 1,2-dichlotohenzene ~ f ~ o>:tlty-dicltlarohanzene - 1,3-dlahlurnhenzane - male-dichlotohcnzenp ~ ' L,4-dle$iorobenzan0 ~ - pace-d icBlorohenzenq• dichinrndil;luoC000ekhann .. diflutadlahlotamefhtne ~ ' ~~ i,l-dichlotoathana~ •- -, fluargcarhon-12 ethylidnne chlotldu ~ ' 1; 2-dichloroetltane : • echylanQ chloride - ; ' -• ~ eChylena dichiaFlde ' l,l-dlchloroathene ~ ' l,l-dYchlnt;oethyleno .• ' _ (trona)-1,2-diohlaCaethene • acetylene dichloride • • 1,2{trnnu)-dicltlarao'thylettn ' 1,2-dichleraprapaite • propylnno dichloride •• •(ci9 b trene)1.7-dichlarnpkapcsie ~ (cis S tsano)t,7-•dichlorapropylena diethyl pliClteietc ,' ethyl pht[mlote • , Z,G-d~.mal-hylphenal 2,4-xylenol ~ ' ', ~ ~ ~s- . .. ~ - ' B-6 50628E 50.2 C-4S APf Eil4zX E+ -. YRLOILI~SC POLLUTIV2it SYNON7Rl LYSTYiIG (Contingted page ~ aF $ CIi~I.CCAl. C4h[pOl1Ni} 5YH0lIYli .' dl~n-gctyl phthalote ~ dl(x-ethylhexyl)phkhalate 4 S~dinitra-2-mgthylplranol h,fi-dinitra-ortlio-cresol -dilfhenyl-hydrazine hydrnzabenzene - enda$ulfan z _ a-endasulEan-alpha _ ' ' nrtdo>7ulFan li b-endosulfan~6eta Eluorana hcxachlgrnbenzene {alpha)--dlphenylenQ urethanq ItexachJ,pracyc$apgntadienq - perchlarohenzeoe lrexachlaroethana perchlaSgcyclopentadiene • ~ indena(1~a,3-ed}pyzena - ~ parchlnrq+~tlrane 2,3-nrkho-phenylene tene ~ - isophnrano - py ]~5,5--trimathyl=2-cyclvhrxen-l -ona methylena eltlgride • - dichigrometlrane Z-nitrophgnol .' 4-nitraphanol - pars-nitrophenol ~ ~ _ ••'' N-nitrnsodimethylaminB • nrtha-hitropltgnnl climgthyl-niCrganamine ' - • N-niCrasndiptapylsml,ne - N-nitrnsq-di-n-prapyirtmina , tT-ni,traeadiphen)riamine dfphenyl--nitrneaamine •• 8C8-14LA ~ - . • , - Arnchlar-1416 • ~ 4CIi--lz21 - ~ tiKgchlax-1221 ~ .. , PCl!-1232 - ~• _ Arochlor--1232 ~ -- - • PCB-LZ42 - pCil-1249'' ~ Azocltlor--1241 •~ . -. PC4-1254 .~ , .. Arochlgr~1249. . ~ . . , eCll--lZiiQ ~ Aeo~ltlot,1254 • ' 2,3,7,fi-teCrachlarodihenzo-p-dioxin Aroclr7.or-12b0 • 'TCE)D . - I,1,2,2-tekrnchloroethane - ~ eaetylctga CeCeachlorida~ ' r°Crachlaroethene • peKChlorncthyigne .. ' - toluene • - ~ - tgtrachloragkhylene _ ` - - ~~ .. . , mathylbenzene - - - • • i,i,l--C'richlaraethana f:olunl - . • i,1, 2-t7Cichlnroethane - • ' - methyl clJ.arnEot~n ' • . . trichlotoethenq •` •• ~ •viny tr'ichlntide ' ' kCichlgrofluotomathane " ' CYichlarneChylena • fluotocaCbon---11' L ' ' ` ~ '~luaratrichlntgmetLgnn _ ' Vinyl Chloride chlotaethenc ~ ~ • • •, , chlaroat!-ylene • • , ' ~ •• - '' ~ • ` ~ ~ 1 ~~" .. B-7 5[}G28130.2 G~39 Sf~CTIO~! I. CERTIF[CA'fIDN OF INFORMATION: The Pormittee declares and agrees: ]. To operate and maintain any waste pretreatment facllitles, as may ha required as a conditlon of the acceptance Inla the- publlc sewer of the industrial wastos involved, in an efficient manner at all times, and a# no expense to the Authority. z. To cooperate with the Authority and its representatives !n their inspecting, sampling, and s#udy of the industrial wastes and any facllitles providing pretreatment. 3. To notify the Authority Immediately in the event of any accident, negligence or other occurrence #hat occasions discharge to the publlc sewage system any wastes or process wastewater not covered by this Permit. 'I. To accept and abide by all provisions of the ]ndustrial Waste Order of the • Clboia • Creeic Municipal Authority and of all pertinent orders or regulations #hat may be adapted in the future. 5.. To accept and pay when billed the sewer serv[ce charge to the City of and where applicable, the overstrengtll surcharge ee ou# ine in Sect on 5 of the Authority's industrial Waste Order. I have personally examined and am famEllar with the ]nformadon submitted in this document and attachments. Based upon my inquiry of those individuals immediately responsible for obtaining the information reported herein, i believe that the submitted Information Is true, accurate and complete, I am aware that there are significant penalties for submitting false Information, including the possibility of fine, andlo"r Imprisonment. Note to Signing Official; in accordance with Title 90 of the Code of Federal Regulations Par# 403 Section 403.14, information and data provided In this questlonnaira which Indentifies the nature and frequency of discharge shall be avallabfe~#a tho publlc wlthau# restriction, iiequestS far canfldentlal treatment of Information shall bs govvrhed by procedures specified in 40 CFR Part 2. S gnature of O is a *NO'fE TO PI2[PARER; ate, Ali 'appllcabia~ spaces must be filled out, Including 5ect[on N, Priority Pollutant lnforme#ior~, before permit application will be reviewed. Additions! sheets may be used and' submitted as attachments. Should information and/or assistance be required, please contact Clbo[o~ Creek Municipal Authority, 10U i][etz Road, Schertz, Texas, (5i2} 658-8241, 13-8 SOG28150.2 C-50 CIBOLi} CREEK il+iUNIGIPAL AUTHORITY INDUSZ'R1AL WASTE PERMIT AI'I'ENDIX C A Permit to dispose of Industrla[ Wastes under previsions 'of Order No. of the Glho[o Creel< 1'+luniclpal Authority and In actor ante w th the Information contained in ttre attached application is hereby granted to: company Name:. Address, Service: Mailing Expiration hate: ADDITIONAL. IZEgUIREMENTS Phone: [ have reviewed the Aerml# In its entirety and l understand grid agree to all conditions and lim[tations imposed by the industrial Vlaste Order and this permit.. Authorized Company Official APPROVAL Naffed above party Is granted permission to discharge wastewater into the sawago facilities of the CE6olo Creek Municipal Authority, pursuant to the Current regulations for use of the regional facilities, Fees, requirements, Ilinltatlons er cnndltlans Imposed by this permit as I.Isted aUave and as found on any additional attached pages. General Manager or Authorized Representat ve SOG2815U.2 C-51 C1BOLb CRE=I=K MUiJ]CIPAL AUTHORITY [NpUSTRIAf, N1ASTl; ORpER AAPENPIX Q CERTIFICATION- QF NO IN>aUSTRIAL D15CHARGE e Nt3 -PROCE55 IN USTR AL Ct7 NEC 10 Company Name; Address, Service: iv}aillrtc~ Phone: hereby warrant that na wastewater resul#Ing from any Indus#rial process will be discharged Into the 9awage facilities of the Authority. [n addition, I understand and agree that: f l) must comply with the ompany ame Authority's Industrial Waste Order No. _ _ ,and (2) Personnel of the Authariiy wl ll be granted access to company pl-emfses In accordance with 5ectlon 6.9 of the Industrlal Waste grder. (3) If pollutants other than those normally found In domestic sewage are detected, I will immedately upon notico apply to-the Authorlty for an industrial Waste Permit, and [tl) Is liable for any penalties Company ame Imposed For vlalations of the Industrlal Waste Order. uthor[ze Company Of cal `r-(f~ ate Named above party 1s granted permission to discharge Nan-industrial Wastewater Into the sewage fac[]lties of the Cibolo Creek Municipal Authorlty, pursuant to current regulations far use of the. regions! facilities. Genera '[onager or Authorize Representat ve Tit a I]et~ 50G2B150.2 C-52 CIBpL(} CREEIS h/UNICIPAL AUTHORITY INDUSTRIAL WA5TE ORQER APPENDIX E ANNUAL INDUSTRIAt_ INFQI2MATION RE;pOI~T Please complete th[s report and return to: Clbolo Greelc Municipal Authority P. O. Box 930 Schertz, Texas 79154 This report Is. due annually, within 90 calendar days of the permit anniversary. Company Name: Permit No. 1. Product or Service hlformatlon: Has any new product or service been added to your company In the Iasi iz mgntl5s which result in discharge of pollutants other-than those specified In permit? Yes No. if ~ Yes, please attach explanation. 2. Discharge lnformai[an: I-las the average flow discharge increased by more.than•24~ over that specified In Section D-i of yqur permit appifcatlnn7 Yes •' ~ No. If Yes, please attach explanation. - •._k •~ . 3, ~lo~rment Information: - Total no. of current employees: Has the name of contact person, or the person responsll~le •.for pretreatment operation changed? Yss No. If Yes, please provide name and title of new pet•san: ame tie tE. Pretreatment information: Has thQ gperaklon of your pretreatment Facllfty or~ the quantity of pollutants removed per year changed from the permit in the last 12 months? Yas No. If Yes, please attach expienetlon. Has the face of the pollutants nr the wastehauler changed In the last 7z monthsT Yes No. if Yes, please attach explana-lion. Author ze Company Of Icla '1' tie Date 5oG2s I sa.z C-53 Agenda No.. 3 CITY COUNCIL MIi;MORANDUM City Council Meeting: July 9, 2013 DepArtment: Public Worlcs Subject: Resolution 13-R-53 - Interlocal Agreement regarding sanitary sewer connections -Kensington Ranch (City of Schertz and Cityaf Selma) BACKGROUND A portion of the sanitary sewer system of the Trails at Kensington Ranch ,Subdivision is currently cornaected via one or more Schertz sanitary sewer gravity lines to the Cibolo Creek Municipal Authority sanitary sewer collection system. An Interlocal Agreement between Schertz and Selma, dated January 1, 2407, was approved 6y the City Council of Scheitz by Resolution No. 07-R-45 on January 23, 2007 anc~ by the City Council of Selma on January ~ 1, 2047. The Kensington Ranch II Subdivision is currently being developed within the city limits of Selma and due to the. proximity of the Subdivision to Scheitz's city limits and because both cities have determined that it is the best engineering solution in connection with a possible fuhire regional sewer infrastructure, it is the desire to have landowners in the Kensington Ranch II Subdivision connect to-the City of Schertz sanitary sewer system to provide sewer service. to the Subdivision. Number of Connections: Original Agreement (2407); 327 Connections New Agreement (2013}: 3$1 Connections Tata1 Connections: 708 Connections Goal This Interlocal Agreement will repeal and replace Resolution No. 07-R-OS to include the Kensington Ranch Il Subdivision. Commanity Benefit To work cooperatively with a sister city to provide adequate sanitary sewer service to residents ofr the Kensington Ranch II Subdivision and to provide for a possible fi.-ture regional sewer infrastructure. Summary o£ Recoa~ntnentlecl Action Staff recomjnends that. Council approve Resolution 13-R-53 and proceed with the Interlocal Agreement with the City of Sehna. FISCAL IMPACT City of Sehna pays $12.95 per connection per year. R>COM11+11;NDATION Staff recommends approval of Resolution 13-R-53 ATTACHMENTS Resolution 13-R-53 Exhibit "A" Trails at Kensington Ranch Subdivision Exhibit "B" Kensington Ranch 1I Subdivision