§ 98-172. Elements of the plan.

A comprehensive and effective enforcement plan must reflect the City of Haltom City's primary responsibility to enforce all applicable pretreatment standards and requirements. As such, this enforcement response plan consists of (1) an industrial user or "master" inventory; (2) compliance tracking; and (3) enforcement response criteria and guidelines. The city has a contract with the City of Fort Worth to provide personnel and testing services in implementing its enforcement response plan.

2.1

Master industrial user inventory. An initial component of an enforcement plan is the industrial user inventory. The general pretreatment regulations require that an updated list of industrial users be submitted on an annual basis by the control authority to the approval authority, the Texas Commission on Environmental Quality ("TCEQ") in the year-end report. This industrial user inventory must indicate whether these industries are regulated by categorical standards, local limits, or both the categorical and local limits.

Personnel will be assigned to keep the industrial user or "master" inventory accurate and up-to-date. The master inventory will be reviewed and periodically updated, as needed. The master inventory will be maintained in the pretreatment files and a current copy will be provided annually to the Director and the Manager of the Pretreatment Services Division of the City of Fort Worth in January and July of each year.

The following will be available and utilized in maintaining an accurate master inventory:

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City water records for commercial/industrial accounts;

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Periodic review of area telephone books;

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Periodic review of the manufacturing directories and the manufacturer's registers;

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Physical inspections of commercial areas and industrial parks;

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Contact and communication with city departments, (i.e. plumbing inspection occupancy permits) to learn of new connections; and

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Industrial user survey questionnaires. These questionnaires are to be completed by all users identified on the master inventory.

Users on the master inventory will be identified as to whether they are significant industrial users (SIUs) according to 40 CFR Part 403.3(v)(1), or a non-significant categorical industrial user (NSCIU) based on the criteria listed in subsection 98-150(a)(1) of the City Code.

Upon a finding that a SIU identified under Part 403 has no potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the control authority (City of Fort Worth) may determine that such industrial user is not a significant industrial user. However, the city may, at its own discretion, issue a non-significant industrial user (NSIU) permit to the facility.

Permitted industrial users (SIU, NSCIU, NSIU) will be subject to the city's pretreatment program in accordance with 40 CFR Part 403.8 pretreatment program requirements and chapter 98, article IV of the City Code. Monitoring and sampling shall be conducted in a scientific manner so that the results may be admissible as evidence in a judicial or administrative proceeding.

Compliance data may be collected in either of two methods:

1.

Self-monitoring by industrial users, with findings reported to the city. Self-monitoring requirements for industrial users are found in 40 CFR Part 403.12 and 40 CFR Part 136 as well as specific requirements as may be imposed by control documents (permit) issued by the city. The results of all such self-monitoring, as accomplished in accordance with 40 CFR Parts 403.12 and 136 shall be reported to the city at a frequency set by the director.

2.

Inspections and direct sampling by the city. The city will conduct monitoring and sampling in accordance with subsection 98-150(c) and (d) and 40 CFR Parts 403 and 136 and any applicable State or local pretreatment standards.

2.2

Compliance tracking. Once collected and assimilated, all compliance data must be systematically analyzed to identify violations. Data must be analyzed and managed with computer tracking system. This process must identify all violations, including those that do not involve a discharge, and must accurately determine whether a significant industrial user (SIU) is in compliance. All documentation submitted by a user may serve as evidence in judicial proceedings. All required documents must be signed by the authorized signatory and placed in the user's file with proof of receipt. Whether an industrial user is in significant non-compliance (SNC) status shall be determined based on the following criteria:

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Subsections 98-152(e)(1)—(e)(8) of the city's Industrial Wastewater Ordinance;

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Group II permitted non-significant industrial user criteria as listed in subsections 98-152(e)(3)—(e)(8) of the city's Industrial Wastewater Ordinance;

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Group VI non-significant categorical industrial user criteria as listed in subsections 98-152(e)(3)—(e)(8) of the city's Industrial Wastewater Ordinance; and

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All other industrial user criteria as listed in subsections 98-152(e)(3), (e)(4) and (e)(8), of the city's Industrial Wastewater Ordinance.

Division staff shall be assigned responsibility for initially screening all compliance data and identifying all pretreatment violations concerning SIUs. Information shall be reviewed for compliance with:

1.

Program requirements;

2.

Ordinance requirements;

3.

Pretreatment requirements; and

4.

Permit requirements.

Any NSCIU and NSIU facility that violates its permit shall be subject to enforcement action(s) as listed in the Enforcement Response Guide. In addition the director may, at his or her discretion, reclassify any NSCIU or NSIU to that of SIU at any time based on established departmental procedures. Compliance status shall be documented by use of standardized methods and procedures as developed by the director and the environmental division, and the control authority (City of Fort Worth per contract with Haltom City), unless the procedures and methods currently in use allow for comparability and are comprehensive. Documentation of compliance and pretreatment violations shall be kept on file in accordance with 40 CFR Part 403.12(o).

(Ord. No. O-2012-001-11, § 2(2—2.2), 1-30-12)