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BAYTOWN CITY COUNCIL MEETING
Industrial Waste Ordinance
Sterling Beaver, Public Works/Engineering/BAWA
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.”
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:
Removed the abbreviation of Non-Significant Categorical Industrial User, as it was not used in the ordinance.
Added the following definitions:
Daily maximum limit
Modified the following definitions:
Significant industrial user
Deleted the following definition:
National categorical pretreatment standards
Added that users must also comply with any required BMP's.
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.
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.
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.
Compliance schedule program reports
Reports on compliance with categorical pretreatment standard deadline
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.
Added certain specifications regarding sampling.
Added recordkeeping requirements for the documentation associated with the BMP's established in the ordinance.
Removed the annual certification for non-significant categorical industrial users.
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.
Recognized noncompliance with a BMP would subject a significant industrial user to the publication requirements of this section.
Added that actions will be pursued in Federal Court.
Staff recommends approval.
Source of Funds (Operating/Capital/Bonds):
Funds Budgeted Y/N:
Fiscal Impact (Additional Information):
Ordinance - Industrial Waste Ordinance
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