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    9. d.    
BAYTOWN CITY COUNCIL MEETING
Meeting Date: 05/14/2020  
Subject:    Industrial Waste Ordinance
Prepared for: Frank Simoneaux
Prepared by: Sterling Beaver, Public Works/Engineering/BAWA
Department: Public Works/Engineering/BAWA  

Information
ITEM
Consider an ordinance repealing Chapter 98 “Utilities,” Article V “Industrial Waste” of the Code of Ordinances, Baytown, Texas and amending Chapter 98 “Utilities” of the Code of Ordinances, Baytown, Texas, by adding a new article to be numbered and entitled Article v “Industrial Waste.”
PREFACE
This proposed ordinance
  • repeals Chapter 98 “Utilities,” Article V “Industrial Waste” of the Code of Ordinances, Baytown, Texas and
  • amends Chapter 98 “Utilities” of the Code of Ordinances, Baytown, Texas, by adding a new article to be numbered and entitled Article v “Industrial Waste.”
The Texas Commission on Environmental Quality ("TCEQ") completed its review of the City's ordinance in 2019. It found that the existing ordinance required modifications to incorporate the provisions of the Pretreatment Streamlining Rule. The City submitted proposed ordinance revisions to the TCEQ on February 28,2020, and on March 5, 2020, it notified the City of its approval of the proposed ordinance. 

The following are some of the more notable changes:
 
Section Title Revision
98-128 Abbreviations Removed the abbreviation of Non-Significant Categorical Industrial User, as it was not used in the ordinance.
98-129 Definitions Added the following definitions:
  • Composite sample
  • Daily maximum limit
Modified the following definitions:
  • Director
  • Significant industrial user
Deleted the following definition:
  • Person
98-131 National categorical pretreatment standards Added that users must also comply with any required BMP's.
98-138 Accidental discharge/slug discharge control plans Requires that the Director evaluate as to whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges.
98-145  Application signatories and certifications Removed the requirement that a facility determined to be a non-significant categorical industrial user must annually submit the signed certification statement.
98-154 Baseline monitoring reports Added that in cases where the pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user must submit documentation required by the director or the pretreatment standard necessary to determine the compliance status of the user.
98-155 Compliance schedule program reports
98-156 Reports on compliance with categorical pretreatment standard deadline
98-161 Notice of Violation/Repeat Sampling and reporting Added that if the city performs the sampling and analysis in lieu of the user, the city will perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat sampling and analysis.
98-164 Sample collection Added certain specifications regarding sampling.
98-166 Recordkeeping Added recordkeeping requirements for the documentation associated with the BMP's established in the ordinance.
98-167 Certification statement Removed the annual certification for non-significant categorical industrial users.
98-168 Right-of-entry; inspection and sampling Added that the City will collect at least one sample and conduct at least one onsite inspection annually on each SIU and CIU.
98-171 Publication Recognized noncompliance with a BMP would subject a significant industrial user to the publication requirements of this section.
98-189 Upset Added that actions will be pursued in Federal Court.
RECOMMENDATION
 Staff recommends approval.
 

Fiscal Impact
Fiscal Year: None
Acct Code:
Source of Funds (Operating/Capital/Bonds):
Funds Budgeted Y/N:
Amount Needed:
Fiscal Impact (Additional Information):
Attachments
Ordinance - Industrial Waste Ordinance

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