TOWN STAFF REPORT RECOMMENDATIONS
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Discuss, consider and act regarding Ordinance 1023 amending Chapter 94 titled “Utilities”, to establish Article VI. entitled “Industrial Wastewater” adopting and establishing uniform requirements for users of the Publicly Owned Treatment Works for the Town of Westlake and enabling the Town of Westlake to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). (Cheryl Taylor, P.E., Director of Public Works).
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STAFF: Cheryl Taylor, P.E., Director of Public Works
BACKGROUND:
This will only impact customers with permitted industrial users, but as a customer city of TRA, Westlake is required to participate in the pre-treatment program requiring approval of an Ordinance, an Emergency Response Plan (ERP), a Funding/Endorsement Resolution, and a signed Attorney Statement.
Trinity River Authority (TRA) owns and operates the Denton Creek Regional Wastewater System (DCRWS) Wastewater Treatment Plant (WWTP) in Roanoke and provides either all or some wastewater treatment services to 12 customer cities. As a customer of TRA, Westlake is required to participate in the pre-treatment program which will require an approved Ordinance, an Emergency Response Plan (ERP), a Funding Resolution, and a signed Attorney Statement.
DISCUSSION:
A pretreatment program is a set of regulatory requirements found in 40 CFR 403 that is intended to protect WWTP from receiving wastewater pollutants from industrial users in concentrations that the plant cannot handle. TRA does that largely through wastewater discharge permitting of industrial users that qualify according to the regulations, and through industrial inspections, sampling, and enforcement. For TRA WWTPs like DCRWS, TRA is the Control Authority responsible for maintaining compliance with the Texas Pollutant Discharge Elimination System (TPDES) Permit to discharge from TCEQ. TRA does not have any legal authority to permit or enforce on the industrial users discharging to the plant, so TRA has language in the customer Wastewater Contracts detailing the partnership between TRA and its customers, and how the customers (Westlake) would act as the Legal Authority capable for issuing permits and enforcement. Some customers chose to enlist TRA to do much of the pretreatment legwork, however they remain the party that authorizes, and issues permits and enforcement. A WWTP is required to implement a pretreatment program when its design flow is greater than 5 MGD AND either the Publicly Owned Treatment Works (POTW) experiences pass-through of a regulated pollutant or interference from an industrial discharge, OR if there are a certain number of significant industrial users (SIUs)/CIUs on the system, usually 5 or so SIUs or 1 CIU. Pretreatment program requirements can also be at the discretion of the Approval Authority, which in our case is TCEQ.
DCRWS is an 11.5 MGD plant and has several industrial users discharging to it which qualifies TRA for a program, and they recently received approval from TCEQ for official implementation.
After the program is approved, the pretreatment program will be subject to TCEQ audits every 5 years or so. There are several customers, in addition to Westlake, who do not have permitted significant industrial users (SIUs) within their jurisdiction.
This will only impact customers with permitted industrial users, but as a customer city of TRA, Westlake is required to participate in the pre-treatment program requiring approval of an Ordinance, an Emergency Response Plan (ERP), a Funding/Endorsement Resolution, and a signed Attorney Statement.
FISCAL IMPACT:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 1023 amending Chapter 94 titled “Utilities”, to establish Article VI. entitled “Industrial Wastewater” adopting and establishing uniform requirements for users of the Publicly Owned Treatment Works for the Town of Westlake and enabling the Town of Westlake to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403).
ATTACHMENT(S):
1. Ordinance 1023
TOWN COUNCIL ACTION/OPTIONS:
1) Motion to approve
2) Motion to amend with the following stipulations (please state stipulations in motion)
3) Motion to table
4) Motion to deny