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CALL THE CITY COUNCIL WORK SESSION FOR THURSDAY, NOVEMBER 6TH, 2025 TO ORDER.WE'LL START WITH ROLL CALL COUNCILOR THOMPSON.
[3.1. Consideration and Discussion of Amendment to Article 26.06 of the Industrial Waste Ordinance (Rick Coronado)]
ONE CONSIDERATION AND DISCUSSION OF AMENDMENT TO ARTICLE 26.06 OF THE INDUSTRIAL WASTE ORDINANCE.SO, MAYOR, COUNCIL, CITY MANAGER.
UM, THANK YOU FOR HAVING US TODAY.
WE'RE DISCUSSING THE INDUSTRIAL PRETREATMENT ORDINANCE UPDATE.
UM, WE'VE PROBABLY COME TO COUNCIL IN THE PAST ON THE EXISTING INDUSTRIAL WASTE ORDINANCE, BUT THIS IS A PROPOSAL TO START THE PROCESS OF CHANGING THE EXISTING ORDINANCE.
UH, TODAY WE HAVE, UH, CITY STAFF, BUT ALSO GRASSES, RIVER AUTHORITY STAFF.
UH, THEY'VE BEEN, UH, PART OF THE, UH, PARTNERSHIP TO UPDATE THE, UH, ORDINANCE.
SO OVER THE LAST YEAR, WE'VE HAD THEM WORK ON, UH, MULTIPLE ASPECTS OF THE ORDINANCE, BUT ALSO MULTIPLE ASPECTS OF INDUSTRIAL PRE PIGMENT.
UM, AND SO I'M GONNA TURN IT OVER TO BRA RIVER AUTHORITY TO, TO KIND OF HELP, UH, FA FACILITATE SOME OF THE DISCUSSION AS WELL AS YOU HAVE IN FRONT OF YOU A PACKET.
UH, THE FIRST PART IS THE PRESENTATION.
UH, THE SECOND PART IS, UM, THE ORDINANCE UPDATED.
UH, IT'S A SIGNIFICANT CHANGE FROM THE EXISTING, UM, AND IT INCLUDES MULTIPLE COMPONENTS THAT GIVES US THE, UH, AUTHORIZATION, UH, TO CARRY OUT A PROGRAM LIKE THIS.
IT'S NOT UNIQUE TO PUDO, UH, MANY OF THE CITIES SURROUNDING CITIES THAT ORDINANCE SIMILAR TO THIS.
UH, AND A LOT OF IT IS, IS GUIDED AND STRUCTURED, UH, THROUGH FEDERAL, STATE, UH, REGULATIONS.
AND SO, UM, THERE'S NOT A WHOLE LOT THAT, UH, WE CAN DO TO, TO CHANGE SOME OF THE LANGUAGE.
BUT FEEL FREE TO ASK QUESTIONS AS WE GO THROUGH THIS.
BUT AT THIS POINT, I'LL TURN IT OVER TO, UH, TROY.
UM, AND MAYBE ALSO INTRODUCE, UH, SOME OF THE TEAM MEMBERS FROM BRA RIVER AUTHORITY, UH, WITH THEIR HISTORY IN PROVIDING THIS TYPE OF SERVICE OR OTHER MUNICIPALITIES AND AND ORGANIZATIONS.
UH, THANK YOU COUNCIL AND MAYOR AND, AND ALL THOSE INVOLVED HERE.
UH, MY NAME IS TROY WORMAN, LIKE RICK SAID, WITH P RIVER AUTHORITY.
I'M JOINED HERE TODAY BY, UH, DANIEL PATEL.
SARAH HARTZEL, AMY MATONE, ALSO WITH THE PRESENCE RIVER AUTHORITY.
UH, WE ARE CONTRACTED, AS YOU PROBABLY KNOW, TO OPERATE AND MAINTAIN THE WASTEWATER TREATMENT FACILITIES, HOOD SOUTH AND HOOD CENTRAL.
UM, BETWEEN THE THREE OF US, MYSELF, DANIEL, AND SARAH, WE HAVE ADMINISTERED A PROGRAM WITH THE CITY OF TEMPLE IN BELTON, AND WE'VE GOT A COMBINE ABOUT 20 YEARS OF EXPERIENCE RUNNING AN IPP PROGRAM THERE.
UH, WE'VE MANAGED INDUSTRIAL GROWTH DOWN THERE AND UP THERE, EXCUSE ME, AND PERMITTED A NUMBER OF NEW INDUSTRIAL FACILITIES, DATA CENTERS, CRYPTO MINING FACILITIES, UH, AND OTHER MANUFACTURING PROCESSES.
UH, SO WE ARE HERE, AS RICK SAID, TO SHARE AN UPDATE OF CITY ORDINANCE RELATED TO INDUSTRIAL WASTEWATER.
THE CITY'S CURRENT INDUSTRIAL WASTE ORDINANCE DOES NOT MEET THE MINIMUM REQUIREMENTS FOR STATE APPROVAL.
UH, SO WE'RE PRESENTING THIS ORDINANCE TODAY AS A FULL REPLACEMENT OF THE EXISTING ORDINANCE.
BEFORE WE GET INTO THE DETAILS OF THAT ORDINANCE, WE'LL EXPLAIN A LITTLE BIT ABOUT THE BACKGROUND OF IPP, WHAT IT IS, WHY IT'S IMPORTANT INDUSTRIAL CITY IMPACT IN THE PROGRAM TIMELINE TO THIS POINT.
THE IMAGE YOU SEE HERE IS PRESENTED TO JUST GIVE YOU A BASIC UNDERSTANDING OF SOME OF THE SITUATIONS THAT IPP IS IN PLACE TO CONTROL.
UH, WE CAN RETURN TO THIS GRAPHIC IF ANYONE WANTS A LITTLE MORE EXPLANATION IN THE REMAINING SLIDES.
SO, WHAT IS IPP AS STATED HERE? IPP IS A LOCAL REGULATION PLATFORM TO CONTROL WASTEWATER FROM NON RESIDENTIAL SOURCES.
THE AUTHORITY TO RUN THIS TYPE OF PROGRAM COMES FROM FEDERAL REGULATION AT ITS CORE, UH, THROUGH THE CLEAN WATER ACT, AND 40 CFR STATE AND LOCAL ENTITIES ARE IMBUED WITH THE POWER TO REGULATE, UM, IN THIS WAY, REGULATE INDUSTRIAL WASTEWATER IN THIS WAY.
PLEASE STOP ME IF YOU HAVE ANY QUESTIONS ON ANY OF THESE SLIDES.
I'M HAPPY TO STOP AND CLARIFY ANYTHING.
WHY IS IPP IMPORTANT? UH, AS I'M SURE YOU'RE AWARE, WE HAVE A BIT OF AN INDUSTRIAL BOOM GOING ON HERE IN CENTRAL TEXAS.
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UH, THESE NEW INDUSTRIES ARE BRINGING NEW PROCESSES AND, UH, ENORMOUS POTENTIAL TO IMPACT SEWER SYSTEMS AND WASTEWATER TREATMENT PLANTS.NON-COMPLIANCE AT THE CITY'S PLANTS WITH OUR PERMITS WITH THE STATE CAN RESULT IN, UH, OF COURSE NON-COMPLIANT VIOLATION NOTICES, BUT ALSO PUNITIVE DAMAGES THROUGH THE TCQ AND EPA NEXT POINT THERE.
SAFEGUARDING OF HEALTH AND HUMAN SAFETY.
OBVIOUSLY, UH, ADVERSE WASTEWATER REACTIONS CAN BE HAZARDOUS FOR UTILITY WORKERS.
THEY CAN RESULT IN HAZARDOUS CONDITIONS FOR THE GENERAL PUBLIC.
UH, HYDROGEN SULFIDE GAS CAN, UM, IMPACT ANYBODY WHO'S AROUND SEWER SYSTEMS, AND WE'VE GOT SEWER MANHOLES THROUGHOUT THE CITY.
ON THE DOWNSTREAM SIDE, OF COURSE, WE WANNA ENSURE ENVIRONMENTAL INTEGRITY.
WE WANT TO PROTECT THE LOCAL WATERWAYS FOR RECREATION AND PERSONAL USE AND PROMOTE HEALTHY ECOSYSTEMS. AND BIG BULLET POINT DOWN AT THE BOTTOM, WE'RE PROTECTING OUR CAPITAL INVESTMENTS AND INFRASTRUCTURE THAT EXTENDS TO, UH, THE LIFT STATIONS AND THE SEWER LINES.
OF COURSE, HU SOUTH IS IN PROGRESS ON A MULTIMILLION, WHICH KIND OF FEELS LIKE UNDERSTATING IT.
I THINK YOU SAID $180 MILLION EXPANSION AT IDAHO SOUTH AND IN DESIGN STAGES FOR EXPANSION AT IDAHO CENTRAL.
THOUGH I THINK THOSE ARE KIND OF INFLUX.
UH, WE WANT TO PROTECT THAT INVESTMENT THAT WE'RE IN PROGRESS.
ON, UH, DIGGING A LITTLE DEEPER, I DO WANT TO TALK ABOUT INDUSTRY IMPACT.
I'M SURE THAT'S, UH, GONNA BE ONE OF THE BIG QUESTIONS.
SO, THE BULK OF RESPONSIBILITY FOR COMPLIANCE WITH THIS ORDINANCE WILL FALL TO PERMITTED INDUSTRIES, UH, AND PERMITTED INDUSTRIES FALL INTO ONE OF THREE CLASSIFICATIONS, SIGNIFICANT INDUSTRIAL USERS.
ARE THOSE DISCHARGING MORE THAN 25,000 GALLONS PER DAY? UH, NOT A SMALL AMOUNT.
UM, CATEGORICAL INDUSTRIAL USERS OPERATE ONE OF 35 FEDERALLY REGULATED PROCESSES, MANUFACTURING PROCESSES, AND THEN THERE'S ALWAYS KIND OF A CATCHALL AT THE END.
ANY INDUSTRY WITH THE REASONABLE POTENTIAL TO ADVERSELY IMPACT THE WASTEWATER SYSTEM OR THE TREATMENT PLANT.
AS FOR SPECIFIC IMPACTS TO THOSE INDUSTRIES PERMITTED, UH, THOSE INDUSTRIES WOULD BE REQUIRED TO MAINTAIN COMPLIANCE WITH THE CITY PERMIT THROUGH REGULAR REPORTING, MONITORING OF THEIR WASTEWATER THAT'S TAKING SAMPLES AND HAVING 'EM ANALYZED BY THE LAB AND BEING SUBJECT TO REGULATORY INSPECTION ON A REGULAR BASIS.
SOME INDUSTRIES MAY BE REQUIRED TO INSTALL PRETREATMENT SYSTEMS. AS YOU COULD GUESS, THE PRETREATMENT PROGRAM WOULD REQUIRE THAT THEY TREAT THEIR WASTEWATER PRIOR TO ENTERING THE SEWER SYSTEM PRIOR TO IT GETTING TO OUR PLANT.
THAT MAY BE NECESSARY FOR SOME FACILITIES.
UH, ONE FINAL IMPORTANT NOTE HERE, DOWN AT THE BOTTOM.
WHILE NOT ALL USERS WILL REQUIRE A PERMIT, THIS ORDINANCE WILL APPLY TO ALL NON-RESIDENTIAL DISCHARGES TO THE SEWER SYSTEM.
THIS GIVES THE CITY LEGAL RECOURSE TO TAKE ACTION ON ANY DISCHARGE NON-COMPLIANCE.
ON THE CITY SIDE OF THINGS HERE, UH, THE PUBLIC WORKS DEPARTMENT WILL BE TASKED WITH HIGH LEVEL PROGRAM OVERSIGHT CONTRACTING FOR TECHNICAL ASSESSMENTS AND LIMIT DEVELOPMENTS, UH, OBTAINING COUNSEL APPROVAL FOR ORDINANCE MODIFICATIONS SUCH AS THIS, AND BUDGETING FOR APPROPRIATE FUNDING.
AND THEN, OF COURSE, ACTING AS THE SIGNATORY RESPONSIBLE PERSON FOR, UH, REPORTS TO THE STATE ISSUING PERMITS AND ANY NOTICES TO THE INDUSTRY.
THE DAY-TO-DAY ADMINISTRATIVE TASKS INCLUDE DATA REVIEW INSPECTIONS AND PERMITTING, DRAFTING DOCUMENTS FOR NON-COMPLIANCE AND ENFORCEMENT ACTION, AND PROVIDING FEEDBACK TO CITY MANAGEMENT ON INDUSTRIAL GROWTH AND NEW BUSINESS.
UH, LAST SLIDE HERE OF OUR FREE PRESENTATION.
SO THIS IS SOME OF THE WORK THAT WE'VE DONE TO THIS POINT AND SOME OF THE WORK WE HAVE AHEAD OF US.
TASK ONE IS THE INDUSTRIAL USER SURVEY.
UH, WE SENT A SURVEY OUT EARLIER THIS YEAR TO ALL OF THE POTENTIAL IMPACT USERS THAT WE COULD IDENTIFY, UH, THROUGH A BASIC SEARCH AND GOT FEEDBACK FROM THEM ON WHAT THEIR PROCESSES ARE AND WHAT WASTEWATER THEY MAY DISCHARGE.
THAT IS AN ONGOING PROCESS WHERE CURRENTLY, OR WE'RE ALWAYS LOOKING FOR NEW USERS, NEW CONNECTIONS AND ETJ EXPANDING AREAS.
UH, THE SURVEY PROCESS IS ONGOING.
TASK TWO IS WHAT WE'RE HERE TO PRESENT TODAY.
THIS IS THE ORDINANCE, UM, THAT WILL BE INCORPORATED INTO,
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UH, THE CITY CODE.TASK THREE IS THE PROGRAM SUPPORT DOCUMENTS, UM, ENFORCEMENT RESPONSE PLAN, STANDARD OPERATING PROCEDURES, PERMIT TEMPLATES, ENFORCEMENT TEMPLATES.
ALL OF THOSE ARE BUILT OFF OF THIS ORDINANCE.
SO WE NEED TO, UH, YEAH, GET THIS ORDINANCE WRAPPED UP SO THAT WE CAN WRAP UP TASK THREE AS WELL, THAT WE ARE IN PROGRESS ON THAT TOO.
TASK FOUR, TECHNICAL ASSESSMENT OF THE WASTEWATER PLANTS AND THE SEWER SYSTEM.
UH, WE WILL NEED TO DEVELOP SITE SPECIFIC LIMITS FOR THE WASTEWATER PLANTS THEMSELVES.
AND TASK FIVE WILL BE PROGRAM SUBMISSION AND APPROVAL WITH THE STATE AND FULL IMPLEMENTATION OF THE APPROVED PROGRAM.
IS THERE A SCHEDULE OR EXPECTED TIMEFRAME FOR THIS OR IT LATER IN THE DOCTOR? UH, NOT, NOT NECESSARILY LATER IN THE DOCUMENT.
WE ARE WORKING ON TASK THREE, AND THEN TASK FOUR AND FIVE, FRANKLY ARE A LITTLE BIT OUTSIDE OF OUR CONTROL.
TASK FOUR AND FIVE ARE WAITING FOR, THAT'S FINE.
HU SOUTH EXPANSION TO COMPLETE.
SO I'LL, I'LL DEFER TO THAT TIMELINE.
FOR TASK FOUR AND FIVE, NO PROBLEM.
UH, I DO WANNA PAUSE RIGHT HERE FOR ANY QUESTIONS ABOUT WHAT IPP IS, WHY IT MIGHT BE IMPORTANT HERE.
UH, BEFORE WE GET INTO THE ORDINANCE, BEFORE WE GET INTO THE, THE BULK OF THIS, THIS PAPERWORK HERE, ANY QUESTIONS, ANY, ANY SLIDES WE WANNA REVISIT? ALL RIGHT.
UH, SO DIVING INTO ORDINANCE NOW, I DO, UH, FEEL LIKE IT'S IMPORTANT TO NOTE THAT EVERYTHING WE'VE DRAFTED AND GENERATED IS PRESENT TO MEET TC Q'S PROGRAM APPROVAL CHECKLIST.
ANY DEVIATIONS FROM THAT OR, UM, SMALL THINGS HERE OR THERE THAT ARE NOT IN THAT CHECKLIST, WE'VE INSERTED TO MIRROR THE PROGRAMS OF SURROUNDING CITIES LIKE TAYLOR ROUND ROCK AND THE PROGRAM WE'RE FAMILIAR WITH IN TEMPLE SECTION, UH, 26.06001.
GENERAL PROVISIONS, UH, THIS SECTION GIVES THE CITY AUTHORITY, UH, DEFINES APPLICABILITY TO LOCAL BUSINESSES, AND IT DELEGATES THE RESPONSIBILITY FOR ADMINISTERING THE PROGRAM KIND OF BOILERPLATE LANGUAGE THERE, UH, 0 0 2 ACRONYMS AND DEFINITIONS AS IT STATES.
IT PROVIDES A LITTLE BIT OF CLARITY ON THE BULK OF ACRONYMS USED IN ENVIRONMENTAL REGULATION AND DEFINES SOME SOME SPECIFIC TERMS, UH, THAT MAY BE UNIQUE TO THIS SECTION OF ORDINANCE SECTION 0 0 3 PRETREATMENT STANDARDS.
UH, THIS SECTION DETAILS DISCHARGE RESTRICTIONS TO ALL SEWER USERS IN ORDER TO PREVENT PASS THROUGH AND INTERFERENCE AT THE WASTEWATER TREATMENT PLANT.
UH, SOME OF THESE THINGS INCLUDE PROHIBITING DISCHARGE OF TOXIC OR HARMFUL SUBSTANCES, THOSE THAT MAY CAUSE ADVERSE REACTIONS OR POLLUTANT LOADINGS ABOVE SPECIFIC IONS, UM, GLOSSING OVER SOME OF THESE LARGE SECTIONS.
UH, AGAIN, IF YOU HAVE ANY QUESTIONS OR WANNA ASK ABOUT ANY SPECIFIC SECTION IN THESE SUBSECTIONS, JUST LET, I WILL ADD THAT, UM, YOU KNOW, TO YOUR POINT YOU MENTIONED ABOUT, UM, BRINGING IT WAS FLUORIDE WAS THE LAST TIME WE, WE BROUGHT AN ITEM TO COUNCIL FOR ADJUSTMENT.
WHAT WHAT THIS DOES IS RESETS THOSE LIMITS TO BE MORE BEST PRACTICES AND WHAT YOU'D EXPECT, UM, INDUSTRIES TO BE HELD TO VERSUS, UH, WHAT EXISTS TODAY IN OUR CURRENT INDUSTRIAL, UH, WASTE ORDINANCE, UM, IS NOT JUSTIFIED.
AND SO THERE'S NOT A, A GOOD REASON FOR SOME OF THE INFORMATION THAT'S THERE TO BE HELD TO THAT LIMIT.
AND SOME OF 'EM ARE EXTREMELY STRINGENT TO, TO HAVE AN INDUSTRY HELP YOU.
SO THAT'S PART OF THE PROCESS IS TO IDENTIFY BEST PRACTICES AND GIVING THE AUTHORITY TO ADJUST THOSE.
IF YOU HAVE A LOCAL LIMIT STUDY THAT'S REALLY CONCENTRATED FOR HU THAT WAY IT'S INDUSTRY SPECIFIC FOR YOUR AREA.
UH, SO THAT GIVES THAT, THAT FRAMEWORK AND THAT ADJUSTMENT FOR THE ORDINANCE.
WHAT RICK TALKED ABOUT IS ABOUT SIX OR SO MONTHS AGO WE HAD A KOREAN COMPANY THAT WAS TRYING TO DISCHARGE PART, THE DISCHARGE WAS FLUORIDE, BUT OUR LIMIT WAS, I THINK SIX PARTS PER MILLION.
AND THEY WANTED TO GO TO LIKE NINE PERS PER MILLION.
AND WE DIDN'T HAVE A PROGRAM SET UP.
AND THEY WERE SAYING LIKE, ROUND ROCK IS 50 PARTS PER MILLION AUSTIN, 70 PARTS PER MILLION.
AND THEN THAT CAME BEFORE COUNCIL TO ADJUST
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THAT ONE PARTICULAR SPOT.AND THERE'S DEFINITELY OTHERS JUST SIMILAR TO THAT.
AND SO THAT KIND OF HELPS RESHAPE THOSE REQUIREMENTS.
SO I JUST WANT TO ADD THAT AS, AS PART OF THE CONTEXT INDUSTRIES LOVE TO COME IN AND TELL YOU WHAT OTHER CITY'S LIMITS ARE.
LOCAL LIMITS ARE SPECIFIC TO THE TREATMENT PLANTS THEMSELVES.
SO NO ONE PLANT IS GONNA HAVE THE SAME LOCAL LIMITS.
THEY'RE BASED ON THE TREATMENT CAPACITY AND BASED ON CURRENT CONTRIBUTIONS IN THE SYSTEM.
UM, SO REALLY WHATEVER ANOTHER CITY'S LIMITS ARE IS, IS FAIRLY IRRELEVANT.
SO WE DON'T HAVE REUSE TODAY, BUT WE'RE LOOKING AT THAT AS SOMETHING WE WANT TO HAVE AS SOMETHING THAT'S SOMEWHAT LIKELY IN THE FUTURE.
IS THAT GONNA CHANGE OUR LIMITS? IT, IT COULD, IT COULD IMPACT, UH, THE TREATMENT EFFICIENCY THAT'S NEEDED AT THE PLANT AND TREATMENT EFFICIENCY.
EFFICIENCY COULD TRANSLATE TO, WE NEED LOWER POLLUTANTS IN OUR I FLUENT AND WE PUSH THAT UPSTREAM.
WE NEED LOWER POLLUTANTS DISCHARGE FROM OUR INDUSTRY.
SO IT COULD, THAT WOULD BE PART OF THE TECHNICAL ASSESSMENT THAT WOULD BE PERFORMED, THAT WOULD BE BASED ON WHATEVER TECHNOLOGY WE'RE USING TO PROCESS THE ORDER FOR REUSE.
SO, SO THESE CHANGES, UH, THOSE CHANGES SPECIFICATIONS, ARE THEY USUALLY, IS OUR, IS OUR CURRENT, UM, ORDINANCE, IS IT TOO TIGHT AND IN GENERAL WE'RE EXPANDING THESE? OR IS IT A LITTLE BIT OF BOTH TIGHTENING AND EXPANDING? YES, THAT, THAT SECOND POINT THERE, THAT'S GOOD.
IN SOME AREAS IT WAS, UH, FRANKLY INADEQUATE AND IN SOME AREAS IT WAS OVERLY RESTRICTIVE.
SO WE'LL TAKE A LOOK AT THIS ON A CASE BY CASE, SIR.
AND, AND LIKE I SAID, WE'RE, WE'RE NOT REDLINING THE OLD ORDINANCE.
WE'RE, WE'RE PULLING IT ALL OUT AND JUST REPLACING IT WITH, UH, UM, WHAT MEETS THE MINIMUM REQUIREMENTS FOR APPROVAL AND WHERE THAT DOESN'T FIT WHAT MATCHES THE SURROUNDING CITIES, UM, SO THAT WE'RE NOT BEING MORE RESTRICTIVE OR LESS RESTRICTIVE THAN A TAYLOR OR A GROUND ROCK.
SO WHEN YOU HAVE A, A TECHNICAL ASSESSMENT OF DETERMINING WHAT SPECIFICATIONS FOR WHAT PARTICULAR ELEMENTS OR, OR TOXIN OR CHEMICAL, UM, YOU HAVE,
SO WE HAVE A TECHNICAL EXPERTS IN BRAS AUTHORITY, I ASSUME.
WHAT DOES THE CITY HAVE FOR TECHNICAL CONSULTANTS TO REVIEW THAT, THAT PROCESS OF DETERMINING THESE NEW LEVELS? SO WE DON'T HAVE A STANDALONE CONSULTANT THAT WE USE TO REVIEW THIS.
SO TO THE, TO THE POINT THE MAYOR HAD BROUGHT UP, WHEN, WHEN THAT COMPANY HAD COME IN, RICK AND I WORKED TOGETHER TO TALK TO THEM TO FIGURE OUT WHAT THEIR LIMITS WERE.
WE EVALUATED THAT BY THE ORDINANCE, THEN WE TRIED TO DIG IN TO FIGURE OUT WHY THE ORDINANCE SAID WHAT IT SAID.
AND THEN RICK WENT OUT AND DID SOME ADDITIONAL RESEARCH AND BROUGHT THAT BACK TO COUNCIL AND SAID, THIS IS VERY, VERY, VERY, VERY RESTRICTIVE.
UH, HERE'S WHAT SOME OF THE OTHER CITIES ARE DOING.
UM, AND THEN, SO BASICALLY IT'S A TAG TEAM BETWEEN ENGINEERING AND PUBLIC WORKS.
WE DON'T HAVE A STANDALONE CONSULTANT THAT EVALUATES.
AND THAT'S A, YOU KNOW, IT'S KIND OF, YOU KNOW, FOR, THAT'S FLUORIDE WITH ONE COMPANY.
SO I DON'T NEED A EXACT ANSWER, BUT IF THIS IS A, A DOZEN OR TWO TYPE OF SPECIFICATIONS WE NEED TO LOOK AT, AND WE PROBABLY CAN RUN WITH JUST THIS TAG TEAM GETTING IT DONE.
BUT IF THERE'S HUNDREDS, HOW IS IT, HOW ARE WE AS A CITY TO, TO REVIEW THIS TECHNIQUE? I THINK TO DAN'S POINT, I THINK THAT'S WHERE YOU START DIALING THAT IN TO WHERE IT'S, MAYBE IT'S NOT SO MUCH WHAT PEOPLE CAN DO, IT'S WHAT WE HAVE TO DO IN ORDER TO DO REDOS TO WHERE YOU JUST START DOING IT NOW TO WHERE YOU START TELLING THE COMPANIES, NOW THIS IS A DEAL WHETHER WE REUSE IN THE FUTURE OR NOT, MAYBE WE OUGHT TO SET THE STANDARD NOW WAY.
THAT WAY A COMPANY THAT DOESN'T WANT TO BE IN A CITY THAT HAS A REUSED POLICY, THEY DON'T HAVE TO WORRY ABOUT IT.
'CAUSE OTHERWISE YOU COULD HAVE A GREAT COMPANY WE DECIDED TO REUSE AND OUR PHONES PULL UP THE NEXT DAY AND THEY SAY, OH MY GOD, YOU JUST, YOU JUST COST US $50 MILLION.
WE HAVE TO RETROFIT A WHOLE PLANT.
TO ME, IT'D BE BETTER TO FIGURE OUT WHAT HE'S SAYING AND THEN THAT SHOULD MAYBE AFFECT HELP WITH WHAT YOUR CONCERN IS.
BECAUSE THEN YEAH, BECAUSE OTHERWISE EACH COMPANY'S GONNA BE CHANGING.
AND I'M NOT, I'M NOT LOOKING AT TRYING TO, YOU KNOW, SOLVE THAT RIGHT NOW.
IT'S THAT, THAT WE NEED TO UNDERSTAND AS A CITY, WHAT, WHAT IS THIS, WHAT DOES THIS LOOK LIKE FROM THE CITIES? I DON'T WANNA USE THE WORD PROTECTION, BUT JUST OUR UNDERSTANDING TECHNICALLY THROUGH OUR ENGINEERING DEPARTMENT AND STAFF AND LEGAL AND THINGS IS, IS THIS, IS THIS SETTING THESE LIMITS? IS THIS JUST, IS, IS THIS A HUGE LABOR INTENSIVE, ENGINEERING INTENSIVE TYPE OF THING? AND AGAIN, IT'S
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NOT NECESSARILY GET AN ANSWER RIGHT NOW, BUT IT'S FOR US TO UNDERSTAND THAT.NO, AND AND IT'S GOOD THAT YOU BROUGHT IT UP BECAUSE THE TECHNICAL ASSESSMENT THAT I REFERENCED HERE IN THE SLIDES, WE WOULD ENCOURAGE THAT TO BE DONE BY AN INDEPENDENT ENGINEERING FIRM.
THAT'S NOT SOMETHING THAT OUR TEAM WOULD PERFORM.
RIGHT? THAT WOULD BE DONE BY A INDEPENDENT ROOM.
IF YOU GOT MUCH FURTHER, YOU GOING OUT TO LETTING PEOPLE SEE EACH OTHER.
CAN I ADD SOMETHING TO THIS TOO? YEAH, GO AHEAD.
UH, DANNY PATEL, AGAIN, UH, I WOULD LIKE TO ALSO ELABORATE THAT BESIDES JUST THE REUSE POTENTIAL, IN FACT, UH, YOU WOULD ALSO HAVE SLUDGE CONSIDERATIONS.
YOU KNOW, WE HAVE CURRENT TIP, THESE PERMITS AND IN PLACE AT THESE FACILITIES THAT HAVE VERY RESTRICTIVE LIMITS GOING TO YOUR RECEIVING ORDERS AND A PROGRAM LIKE THIS AND TECHNICAL ASSESSMENT WITH THOSE LIMITS PROTECT THAT, BUT IT WILL ALSO PROTECT THE POTENTIAL OF SLUDGE CONTAMINATION AND HAVING TO ELEVATE DISPOSAL REQUIREMENTS THERE.
UM, WHICH COULD BE VERY COSTLY IF YOU HAVE THAT.
AND MORE IMPORTANTLY, IT WILL PREVENT, UM, THE BIGGEST IMPACT OF ALL OF THE CAPITAL INVESTMENT.
I MEAN, AGAIN, YOU GUYS ARE SPENDING A LOT OF MONEY ON A NEW PLANT AND YOU WANT TO PROTECT THAT.
YEAH, WE STARTED TALKING ABOUT MAYBE WE DON'T NEED LIKE A, LIKE A LITHIUM BATTERY MANUFACTURING PLANT IN OUR CITY.
LIKE MAYBE THAT GOES SOMEWHERE ELSE.
IT'S LIKE, WELL, NO OFFENSE, BUT MAY NOT BE THE RIGHT BUSINESS FOR OUR CITY.
BUT I ALSO DON'T WANT IT SO RESTRICTED THAT A PERSON WANTS TO OPEN UP LIKE A TACO BELL AND THEY'RE LIKE, OH MY GOD, IT TOOK NINE MONTHS OF PERMITTING AND $45,000 TO GET THROUGH THAT.
SO, AND IT PROBABLY WON'T BE QUITE THAT BAD, BUT RIGHT.
I, I WILL ADD THAT, UH, OVER, LIKE I SAID, IT'S BEEN A YEAR WE STARTED DOING INFLUENCE SCANS AT BOTH PLANTS.
SO QUARTERLY PLANT SCANS, I BELIEVE THEY'RE QUARTERLY RIGHT NOW.
SO A SUITE OF, YOU KNOW, CONTAMINANT LEVELS, UH, AND THAT THOSE ARE BEING MONITORED TO SEE IF THERE'S SOMETHING THAT TRIGGERS ANY OF THE REGULATIONS, ANY OF THE PASS THROUGH THAT GOES THROUGH THE TREATMENT PROCESS.
AND JUST KIND OF KEEPING ABREAST OF WHAT MAY BE COMING THROUGH THE COLLECTION SYSTEM THAT WE'RE NOT FULLY AWARE OF.
WE'RE ALREADY DOING PART OF NORMAL OPERATIONS AND, UH, PERMIT COMPLIANCE IS TO DO A LITTLE BIT OF TESTING.
BUT THE TESTING THAT WE'RE DOING FOR IPP IS FAR MORE EXTENSIVE, UM, AT 200 DIFFERENT POLLUTANTS THAT WE'RE ESTABLISHING A BASELINE SO THAT WE KNOW WHAT THE CITY'S CURRENT CONDITIONS ARE AND WE CAN SEE A CHANGE IN THE DATA THAT SOMEBODY NEW TIES INTO THE SYSTEM THAT, THAT MIGHT BE HARMFUL OR MIGHT BE INTERFERING WITH THE, WITH THE PLAN.
WE'LL TALK ABOUT SECTION 0 0 4 HERE.
THE CONTROL DISCHARGES TO THE POTW, THAT'S PUBLICLY OWNED TREATMENT WORKS.
SORRY, THERE'S AN ACRONYM I HAVEN'T DEFINED YET.
UH, THIS SECTION DETAILS THE INDUSTRY SCREENING AND PERMITTING PROCESSES TO BE ADMINISTERED BY THE CITY.
UH, IT ALSO DETAILS SOME GENERAL PERMIT CONDITIONS AND REQUIREMENTS.
UH, THERE ARE SECTIONS IN HERE THAT, UH, ARE NOT ELABORATED ON SECTION I HAULED WASTEWATER.
SOME PROGRAMS, SOME CITIES DO ACCEPT HAULED WASTEWATER AT THEIR TREATMENT PLANTS.
IF THEY EVER CHOOSE TO ACCEPT HAULED WASTE AT ANY POINT IN TIME, WE CAN INCORPORATE IT HERE.
WHAT WOULD THAT MEAN? HAUL HAULED WASTE WATER IS, UH, PUMP SEPTIC RECEIVING.
SO WE ALLOW PEOPLE TO PUMP AND HAUL, BUT WE JUST DON'T ALLOW 'EM TO DUMP IT IN OUR PLACE AT OUR PLANT.
WE DON'T RECEIVE IT AT OUR WASTEWATER PLANT.
SO WHERE DO THEY TAKE IT? WELL, IF THEY, THEY TAKE IT TO THE LOCAL CREEK.
IF, IF, IF WE ARE ALLOWING PUMP AND HAUL, THEY'RE BASICALLY HAULING IT TO A MANHOLE THAT IS IN OUR SYSTEM THAT'S DOWNSTREAM THAT CAN RECEIVE THAT FLOW AND RE-INJECTING IT.
GENERALLY WHAT THIS IS TALKING ABOUT IS LIKE THE SEWER COMPANIES THAT THE SEPTIC COMPANIES THAT GO OUT AND PUMP SEPTIC, THEY NEED A PLACE TO, TO DISPOSE OF THAT LIQUID.
SO THEY WILL GENERALLY HAVE A CONTRACT WITH A, WITH THE WASTEWATER TREATMENT PLANT TO GO DISCHARGE THAT AND THEN PAY JUST LIKE TRASH TRUCKS DROPPING TRASH AT THE, AT THE LANDFILL DO.
SO, YEAH, THAT BRINGS UP SOMETHING WE OUGHT TALKED ABOUT THEN ANOTHER MEETING IN TERMS OF HOW, HOW WE'RE MAKING SURE PEOPLE ARE PUMPING THE HOLE AND DUMPING A MANHOLE AND THEN DUMPING SEPTIC IN A MANHOLE.
WELL, THEY'RE NOT ALLOWED TO DUMP THE SEPTIC TO A MANHOLE.
SO I KNOW YOU'VE SEEN THEY NOT ALLOWED TO, BUT HOW DO WE KNOW AND HOW DOES YOU KNOW THAT THE GUY WITH THE 5,000
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GALLON TANK IS PUMPING? LIKE IN BROOKLYN, WE'VE HAD THAT ISSUE.WHERE SOMEONE'S DUMPING SOMETHING IN A MANHOLE.
I MEAN, TO ME THAT WOULD BE SOME KIND OF PROCESS TO WHERE YOU CAN'T JUST GO PICK A MANHOLE WHEN YOU'RE PUMPING IT HAUL AND DUMP IT IN THERE.
YOU'VE GOTTA GO TO CERTAIN PLACE.
SO IT, IT IS, AND OUR INSPECTORS ARE AWARE.
SO IF, IF SOMEONE WERE JUST DOING IT TO DO IT OBVI, THEY WOULD HAVE TO GET REPORTED ON.
IT'S NOT LIKE WE HAVE ALARMS ON OUR SEWER LIDS, BUT, UH, THEY ARE LOCKED.
SO NOT THAT, THAT'S NOT JUST A COMMON POOL THAT YOU DO UNLOCK.
MOVING ON TO, TO SECTION 0 0 5 HERE, USER REPORTS AND PLANS.
THE SECTION DISCUSSES THE DOCUMENTATION THAT WOULD BE REQUIRED OF PERMITTED INDUSTRIES OR THOSE SUPPLYING FOR PERMITS.
UH, JUST GENERAL PROCESS EXPLANATIONS, CHEMICAL INVENTORIES, PLUMBING DIAGRAMS, AND THAT SORT OF THING.
SECTION 0 0 6, SAMPLING AND INSPECTION.
DETAILED SAMPLING REGULATIONS THAT WOULD BE REQUIRED TO BE FOLLOWED BY THE INDUSTRY AND BY THE CITY DURING TESTING.
UH, THESE ARE SAMPLE COLLECTION PROCEDURES OR LABORATORY METHOD REQUIREMENTS, SECTION 0 0 7 ENFORCEMENT AND, AND AFFIRMATIVE DEFENSE.
THE SECTION PROVIDES ADMINISTRATIVE, JUDICIAL, OR CIVIL REMEDIES FOR INSTANCES OF NON-COMPLIANCE.
EVERYTHING ELSE WE'VE TALKED ABOUT IS THE BODY OF THE ORDINANCE.
THIS SECTION IS THE TEETH AND IT GIVES THE CITY EXPLICIT RESPONSE ACTIONS FOR NON-COMPLIANCE TO ADDRESS NON-COMPLIANCE.
DID IT RESOLVE WRAPPING UP HERE? UH, SECTION 0 0 8 CONFIDENTIALITY.
OF COURSE, A LOT OF INDUSTRIES MAY HAVE CONFIDENTIAL PROPRIETARY PROCESSES.
THIS SECTION ALLOWS FOR SOME TRADE INFORMATION TO BE WITHHELD FROM PUBLIC INFORMATION REQUEST.
SOME INFORMATION REGARDING THE PERMITS, UH, CANNOT BE HELD CONFIDENTIAL, SUCH AS COMPLIANCE DATA, MONITORING DATA, AND SOME GENERAL PROCESS DESCRIPTIONS.
SECTION 0 0 9 ETJ USERS, EXTRATERRITORIAL JURISDICTION.
UH, THIS SECTION PROVIDES REQUIREMENTS FOR ETJ AGREEMENTS ALONG WITH ADMINISTRATIVE CONDITIONS THAT SHOULD BE REQUESTED FROM SURROUNDING MUNICIPALITIES.
SHOULD ANY LIKE TO DISCHARGE TO OUR SEWER SYSTEM, UH, SECTION ZERO 10 EFFECTIVE AND ADOPTED BAY, THAT NEEDS TO BE DETERMINED AT A FUTURE DATE.
I WOULD LIKE TO GET THIS INCORPORATED INTO CITY CODE QUESTIONS ON THOSE LAST FEW SECTIONS THERE.
IT LOOKS LIKE WE GOT A COUPLE, UH, HOMEWORK ITEMS HERE WITH THE HIGHLIGHTED PART THAT COME FROM YOU, RICK, ON SUGGESTIONS ON THAT WAS, UH, CITY LEGAL COMMENTS, UM, THAT WE STILL NEED TO RESOLVE.
UM, WE SUBMITTED THIS TO RICK AND HE PROVIDED IT TO CITY LEGAL DEPARTMENT AND THEY GAVE US SOME FEEDBACK ON A NUMBER OF THINGS.
THE TWO THAT WE HIGHLIGHTED WERE THINGS THAT WE WANT TO PUSH BACK ON A LITTLE BIT.
EVERYTHING ELSE WE WERE FINE WITH.
I WANT TO PUSH BACK BECAUSE, BECAUSE WE THINK THAT THERE'S A REASON THAT WE HAVE IT STATED THE WAY THAT WE DID.
AND I UNDERSTAND THAT CITY LEGAL WANTS IN A CERTAIN WAY, BUT WE JUST NEED TO HAVE THAT CONVERSATION WITH THEM.
YEAH, THERE'S SOME FINAL, THERE WEREN'T, UH, EXTREME, YOU KNOW, DIFFERENCES.
SOME OF IT MAY BE, UH, REGULATORY LANGUAGE THAT WAS POSTED AND THERE WAS SOME ADJUSTMENTS THERE.
AND THEN THERE WAS, UM, WHAT WAS THE OTHER ITEM THAT WAS FLAGGED? UH, ONE SAYS NUMBER OF DAYS AND THE OTHER ONE SAYS WHETHER THE CITY MAY OR THE CITY SHALL.
YEAH, I THINK WE AGREED ON STRENGTH OF THE LANGUAGE THERE.
YEAH, WE AGREED WITH LEGAL'S KIND OF, UM, ADJUSTMENT.
UM, JUST SO THAT WAY IT HAS A, SOME FIRM FROM AN ACTIONS ON THAT.
UM, BUT THAT THERE, THEY'RE MINOR ADJUSTMENTS THAT WE'D HAVE TO GO THROUGH, OBVIOUSLY.
UM, ANY FEEDBACK THAT WE GET FROM HERE WOULD ALSO BE IN INCORPORATED AS WELL.
UM, ONE IS TO UNDERSTAND WHAT THE APPETITE IS TO MOVE THIS FORWARD.
PART OF THE REASON WHY THIS IS HERE IS ALSO IS BECAUSE OF SOUTH'S EXPANSION AND HOW LONG IT TAKES FOR AN APPROVAL PROCESS.
AND WE ARE ALREADY SEEING THE IMPACTS OF INDUSTRY ASKING, DO WE HAVE A PERMIT PROCESS? CAN WE DISCHARGE INTO THE COLLECTION SYSTEM? THERE'S A LOT OF THINGS THAT WE DON'T HAVE CONTROL OVER YET THAT ARE STARTING TO SURFACE.
AND SO THAT'S PART OF THE REASON WHY PLANNING THROUGH TO TRY TO GET TO THIS BOARD EXPANSION, UH, BEFORE SOUTH COMES ONLINE.
AND ALSO TO PREPARE US FOR WHAT ARE SOME OF THE THINGS THAT WE DON'T
[00:30:01]
KNOW YET.YOU GUYS SHARED THIS PROPOSED PLAN WITH PEOPLE IN THE INDUSTRY.
UH, THE PLAN ITSELF, UM, LIKE THE ORDINANCE? NO, THIS IS THE FIRST TIME WE'RE WE'RE, WE'VE PREPARED THE ORDINANCE.
SO I'D ASK IF WE COULD SHARE THAT WITH LIKE, CHANEY PUT IT OUT OUT TO ALL THE PEOPLE THAT ALL THE INDUSTRIAL USERS, EVERYBODY WERE NOT, THAT WE'RE GONNA MAYBE, YOU KNOW, NOTHING, WE'RE GONNA MASSAGE IT TO MAKE THEM ALL HAPPY.
BUT AT LEAST TO WHERE I CAN READ THIS 10 TIMES AND I DON'T KNOW WHAT I'M READING, I TELL SOMEONE GOES, YES, SEE THIS SECTION RIGHT HERE.
THAT'S A PROBLEM THAT, YOU KNOW, THAT ROD ROCK DOES THAT.
'CAUSE EVERY TIME WE INSTITUTE AN ORDINANCE, IT SEEMS LIKE THERE'S ALWAYS LIKE A, OH YEAH, WE DIDN'T CATCH THIS ONE OR WE GOT TOO RESTRICTIVE.
BUT I THINK THAT'D BE APPROPRIATE.
AND THEN MY ONLY CONCERN IS WHEN YOU SAID YOU GUYS SAID ALL NON-RESIDENTIAL PEOPLE WOULD HAVE TO APPLY AND HELP ME TO KNOW JUST WHAT EXACTLY THAT PERMITTING PROCESS LOOKS LIKE.
BECAUSE WE ALREADY GOT, I MEAN, CENTRAL TEXAS IS ALREADY ONE OF THE SLOWEST PLACES IN NATION TO PERMIT.
UH, THE ORDINANCE WOULD APPLY TO ALL USERS SO THAT THE CITY, IF THEY CAUGHT SOMEBODY DUMPING PAINT DOWN THEIR TRAIN, THEY COULD ISSUE ENFORCEMENT BASED ON THE ORDINANCE.
BUT NOT EVERYBODY WOULD NEED TO APPLY FOR A PERMIT.
SO WHO IS IT? IT APPLIES TO EVERYBODY, BUT NOT ALL WOULD NEED TO SUBMIT AN APPLICATION.
WHO WOULD HAVE TO WHERE, WHERE'S THE, WHAT'S THE LINE YOU GUYS ARE THINKING YOU GOT? THAT'S THE, THE, THE THREE CATEGORIES.
THREE CATEGORIES, SIGNIFICANT GREATER THAN 25,000 GALLONS.
UH, CATEGORICAL MEANS THEY DO ONE OF 35 FEDERALLY REGULATED OPERATIONS OR ANYBODY WITH SPECIFIC POTENTIAL TO ADVERSELY IMPACT THE PLANET.
THAT ONE'S A LITTLE OPEN-ENDED.
UH, IT ALLOWS FOR A LITTLE BIT OF INTERPRETATION ON THE CITY'S PART.
YOU GOT SOME OF THAT IN THERE.
IT SAID LIKE OIL AND THINGS, TEMPERATURE AND YEAH, THERE'S, THERE'S A LOT OF, A LOT OF THINGS THAT YOU, THAT YOU COULD PERMIT ON IF YOU FELT LIKE, UH, THEY HAD A POTENTIAL TO IMPACT THE WASTEWATER PLANT PH OIL.
HOW DO WE DIAL THAT INTO WHERE, 'CAUSE AGAIN, SOME OF THE THINGS WE'VE RUN INTO ISSUES WITH IS IT'S THAT IT'S THAT GRAY AREA THAT CAUSES EVERYBODY TWO MONTHS DELAY.
BECAUSE WHILE WE'RE WAITING TO FIGURE OUT, AND I KNOW YOU CAN'T ADDRESS EVERYTHING, BUT TO ME AS MUCH GRAY AS YOU CAN GET OUT TO BLACK AND WHITE, YOU DO GOT A PERMIT OR YOU DON'T INSTEAD OF I KNOW.
AND THEN YOU GUYS ARE FLOODED WITH APPLICATIONS AND PART OF THAT RESPONSIBILITY IS ON PUBLIC WORKS TO IDENTIFY THOSE INDUSTRIES AND REQUEST A PERMIT FROM THEM.
UM, UNTIL, UH, IF AN INDUSTRY DOES NOT KNOW A PERMIT IS REQUIRED OF THEM, THAT'S KIND OF ON THE PROGRAM ADMINISTRATOR'S, UH, RESPONSIBILITY.
IT'S THEIR DUTY TO IDENTIFY THAT INDUSTRY AND GET THEM PERMITS, GET THEM APPLIED AND GET THEM PERMIT.
WE WENT, WE WENT THROUGH THE, UH, INITIAL SURVEY PROCESS THAT IDENTIFIED, WAS IT A DOZEN OR SO INDUSTRIES? OH, WE, YEAH.
WE SENT SURVEYS OUT TO 30, 35 BUSINESSES IN HU THIS WAS EARLY THIS YEAR.
UM, BASED ON FEEDBACK FROM THOSE SURVEYS, JUST REALLY BRIEF ONE PAGE FEEDBACK.
WE WENT AND PUT BOOTS ON THE GROUND AND DID VISITS AT A DOZEN, MAYBE 10 OR 15 OF 'EM.
AND WE TALKED WITH THEM ABOUT WHAT INDUSTRIAL PRETREATMENT IS.
WE SAID THAT THE CITY IS WORKING ON DEVELOPING A PROGRAM, UM, WHAT IT WOULD ALLOW THEM TO DO.
SOME OF THEM ARE HAULING THEIR WASTEWATER OFF RIGHT NOW AND SAID, IT WOULD BE GREAT IF WE COULD DISCHARGE THIS AND SAID THAT'S, THAT'S HOW YOU WOULD GET TO THAT.
HOW DOES THAT HAPPEN? WHERE, WHAT WOULD CAUSE SOMEONE TO HAUL OFF THEIR OWN WASTEWATER? THEY'RE, THEY'RE AWARE THAT IT MIGHT HAVE POLLUTANTS IN IT AND THEY JUST DON'T WANNA, DON'T WANT TO TAKE THE RISK OF DISCHARGING SOMETHING THAT THEY THINK MAYBE THEY SHOULDN'T.
THAT'S WHY I LIKE THE LITTLE BIT, I DON'T LIKE A LOT OF REGULATION.
I DO LIKE SOME WHEN WHEN YOU'RE AFRAID OF FLUSHING THE TOILET OR THROWING SOMETHING DOWN THE DRAIN IS GONNA BE THAT BAD.
AND THE COST OF ALL, I WOULD THINK THE CITY ON THAT, WHAT IT IS YOU'RE DOING IN THERE.
UM, IS THERE A WAY TO TRACK THAT SORT OF THING TO WHERE WITH NO ADDED AHEAD OF TIME? I MEAN, JUST KNOW WHAT THEY'RE DOING THROUGH THEIR PERMITING PROCESS THAT HEY, THESE GUYS, WE DIDN'T KNOW THIS, BUT THEY'RE, BUT A LOT OF THAT DOES COME THROUGH OUR SURVEY PROCESS AS RICK WAS TALKING ABOUT.
SO WHEN WE GO THROUGH AND WE SURVEYS AND THEN WE DO SITE VISITS, WE ASK A LOT OF THOSE QUESTIONS TOO ABOUT WHERE, WHERE WASTE STREAMS ARE BEING DISCHARGED TO AND THEN FOLLOW UP TO THAT WILL TYPICALLY REQUEST LEASE MANIFESTS FROM THEM JUST TO BE ABLE TO PROVE THAT THEY, THEIR WATER IS BEING HAULED OFF AND WHAT LOCATION THAT IT'S GOING.
I WAS GONNA SAY, YEAH, THREE OF THEM ACTUALLY DOUBT IT BECAUSE WE GOT A CONSTABLE, HE'S CONSTANTLY LIVE.
YOU GET A ROOF REPLACED RECENTLY, WELL YOUR CONTRACTOR DUMPED IT ON THE SIDE OF THE ROAD.
IF THEY'RE DOING THAT FOR CONSTRUCTION MATERIALS AND EVERYTHING ELSE, I GOTTA THINK THE PERSON WHO GOT PAID TO PICK UP HAZARDOUS MATERIAL ALSO HAS A HABIT OF
[00:35:01]
DUMPING IT IN A DITCH ON THE COUNTY ROAD SOMEWHERE WHERE NO ONE'S LOOKING.BECAUSE UNFORTUNATELY THAT'S JUST HUMAN NATURE.
THE MANIFEST WILL WILL SHOW WHERE, WHERE THE, THE RECEIVING PLAN THAT IT GOES TO.
WELL, WE JUST DON'T KNOW WHICH.
THAT'S WHAT, AGAIN, WE DON'T KNOW WHICH COMPANIES DO THAT.
SO THERE COULD BE A COMPANY OUT THERE THAT IS, WE, WE KNOW THE ONES THAT WE SURVEYED THAT THAT AND ANSWERED HONESTLY AND ANSWERED BECAUSE IF I HAD SOME CRAZY STUFF GOING TO BUSINESS, THERE'S NO, THERE'S OR A PERSON THAT'S, YEAH.
AND THAT'S WHY SOME OF THE ONES WE CHOSE TO, UH, REQUEST A VISIT INSPECTION FOR, UM, WERE SIMPLY BECAUSE THEY DIDN'T GIVE US ENOUGH INFORMATION TO BE CONFIDENT THAT THEY WEREN'T DOING SOMETHING THAT THEY MAYBE DIDN'T DISCLOSE.
SO WE DO A WALKTHROUGH AND WE ASK 'EM TO SHOW US EVERY CORNER OF THAT FACILITY, UH, MAKE SURE WE ALWAYS GO OUT RIGHT OUTSIDE THEIR BUSINESS IN THE PUBLIC MANHOLE AND WE COULD CHECK THE AFFLUENT THERE.
WE COULD AND FIGURE OUT RIGHT AWAY.
WE HAVE EVERYTHING UPSTREAM TO GO RIGHT OUTSIDE BUILDING.
WE, WE COULD ADD A QUESTION THAT'S PART OF THE SER PROCESS.
'CAUSE WE MAKE EVERYBODY GO THROUGH THE SERVICE EXTENSION REQUEST PROCESS.
THAT ASKS THEM TO TELL US WHAT KIND OF DISCHARGE THEY'RE GONNA BE RELEASING.
NOW OBVIOUSLY THAT'S NOT GONNA GUARANTEE ANYTHING BECAUSE THEY'RE SNEAKING ENOUGH TO OPEN IN A DITCH.
THEY'RE SNEAKING ENOUGH TO, BUT THERE'S A PENALTY THAT THEY'RE LYING ON IT.
OR, YOU KNOW, YOUR, YOUR REQUEST WAS BASED ON INFORMATION THAT YOU GAVE A GOOD FAITH EFFORT.
THAT'S IN, THAT'S IN THE ORDINANCE AS WELL.
UH, FALSIFICATION, UH, CONSEQUENCES FOR FALSIFICATION OF INFORMATION.
HOW FREQUENT IS COMPLIANCE CHECKED? IS THAT ADDRESS IN THE ORDINANCE FOR PERMITTED INDUSTRIES? UH, THERE ARE FEDERAL MINIMUMS FOR HOW OFTEN YOUR FACILITY HAS TO BE INSPECTED.
THE CITY, CITY PERSONNEL WILL HAVE TO GO OUT ON SITE, DO A WALKTHROUGH, ASK SOME QUESTIONS AND FILL OUT A SO WOULD THAT ORDINANCE HAVE TO HAVE TO CORRESPOND WITH LIKE A, UH, LIKE A POLICE ORDINANCE? LIKE IF YOU'RE OUT OF COMPLIANCE, THEN YOU KNOW, THAT SHIFTS OVER TO, HEY, YOU'RE IN VIOLATION OF THIS ORDINANCE, WHICH THEN GOES WITH THIS, UH, I DON'T KNOW, THIS VIOLATION FOR THE CITY, WHICH CAN BE A RESULT OF A TICKET OR SOMETHING LIKE THAT.
LIKE WOULD WE HAVE TO LOOK AT AN ORDINANCE ADDRESSING POLICE BY LIKE HOW TO RIGHT TICKET THAT OR SOMETHING THAT HOPEFULLY IS ALL COVERED IN THE, UH, ADMINISTRATIVE PENALTIES AND THE ENFORCEMENT SECTION.
UM, JUDICIAL ENFORCEMENT AND ADMINISTRATIVE ORDERS, UH, SO THAT THE CITY COULD ISSUE VIOLATIONS AND REQUIRE STEPS TO RETURN TO COMPLIANCE BASED ON THIS SECTION ALONE.
AND YOU WOULDN'T HAVE TO DELVE INTO OTHER OTHER ENFORCEMENT CODES.
SO THEN WHO WOULD ENFORCE THAT? LIKE WHO WOULD BE THE, WHO WOULD ENFORCE THAT THEIR, THAT THEIR REMAINING COMPLIANT? RIGHT.
UM, ULTIMATELY IT WOULD BE THE PUBLIC WORKS DEPARTMENT THAT WOULD REQUIRE A RETURN TO COMPLIANCE AND HAVE UH, I GUESS INCREASING ENFORCEMENT ACTIONS UP TO, UH, CEASE UH, DELISTING REMOVING YOUR PERMIT.
YOU'RE NO LONGER PERMITTED TO DISCHARGE IF YOU STILL WANT TO POUR WATER DOWN THE DRAIN.
THE CITY HAS THE AUTHORITY TO BACK UP A CONCRETE TRUCK AND BLOCK IT
SO THEN HOW WOULD, HOW WOULD YOU ADDRESS THE POLICE DEPARTMENT TO HELP YOU OUT WITH THAT? BECAUSE I FEEL LIKE THAT'S THE PIECE THAT'S MISSING.
LIKE, YEAH, YOU'RE OUT OF COMPLIANCE, BUT WHERE'S THE, WHERE'S THE THING FOR YOUR, FOR YOUR BUCK ON TELLING SOMEONE, HEY, YOU'RE OUT OF COMPLIANCE.
I MEAN, I CAN'T IMAGINE YOU JUST GO TO THE POLICE DEPARTMENT AND SAY, HEY, THEY'RE OUT OF COMPLIANCE.
NORMALLY A PROGRAM LIKE THIS AS IT MATURES IS YOU'D HAVE, UH, INDUSTRIAL PRE-TREATMENT OFFICER THAT ALSO CHECKS AND IS PART OF THE COMPLIANCE, UM, AND CAN ISSUE SOME OF THESE CITATIONS AND, UM, KIND OF MANAGE THAT.
THAT'S TYPICALLY THE GROWTH OF, OF INDUSTRIAL PRE PROCUREMENT PROGRAM.
UM, DO WE HAVE SOMEONE WE COULD LEAN ON FOR THAT SERVICE HAVE TO BE AUTHORIZED CURRENTLY WITH CURRENT STAFF LEVEL? OKAY.
SO THAT, WOULD THAT FALL WITH LIKE JAMES? WELL I'M GONNA, I WOULD DEFINITELY RECOMMEND THAT THE PROCESS EFFECTIVELY IT WOULD BE SIMILAR LIKE WHAT WE DO ANYWHERE ELSE.
WE HAVE A CODE VIOLATION IS WE, WE GIVE THE NOTICE, BUT IF THERE'S GONNA BE A CITATION MM-HMM
THEN WE'RE GONNA HAVE THE POLICE OFFICER COME AND ACTUALLY WRITE THEM A CITATION.
BECAUSE GENERALLY WHENEVER A POLICE OFFICER GIVES A, A CITATION THAT CAN BE, THAT CAN COMPEL THEM TO BE SUBPOENAED FOR COURT.
WHEREAS IF ADMINISTRATIVELY WE SEND LETTERS IT, IT'S NOT, IT'S NOT THE SAME LEVEL OF ENFORCEABILITY
[00:40:01]
URGENCY.SO WE JUST PAIR IT UP WITH HAVING AN OFFICER COME AND ACTUALLY WRITE LIKE A PHYSICAL CITATION AND GIVE IT TO THE COMPANY AND THE OFFICERS WOULD FEEL COMFORTABLE WRITING A CITATION FOR SOMETHING THAT THEY BROUGHT CITATIONS AGAINST CITY ORDINANCES ALL THE TIME.
YOU KNOW THAT, THAT'S LIKE A CITY ORDINANCE, THAT'S NOT A STATE LAW.
SO IF THEY WRITE A, THEY WRITE A TICKET, IT'S JUST AGAINST THE CITY ORDINANCE.
BUT GOING BACK TO THE ORIGINAL QUESTION THAT'S ADDRESSED IN THE ORDINANCE, THE COMPLIANCE, YES.
THERE'S THE UH, UH, PUNITIVE DAMAGES IN CRIMINAL CRIMINAL INSTANCES.
HOW ABOUT COMPLIANCE? YES SIR.
SO BECAUSE OF CITY PD, IS THAT IN ADDITION TO, OR INSTEAD OF ON PAGE 40, THE NUTRITIONAL APP ENFORCEMENT REMEDIES, WHICH ARE ADJUNCTIVE RELIEF, CIVIL PENALTIES AND CRIMINAL PROSECUTION.
SO YOU, THEY STILL HAVE TO CITE THEM.
RIGHT? SO INJUNCTIVE RELIEF WOULD BE EFFECTIVELY NO, INJUNCTIVE WOULD BE LIKE WE GO TO THE COURTS AND SAY HEY.
WE NEED YOU TO GIVE US AN ORDER STATING THAT THEY CAN NO LONGER DISCHARGE UNTIL THEY GET THIS FIXED OR, SO THAT'D BE THE NEXT, THAT'D BE PHASE TWO OR WOULD THAT BE BEFORE PULL THE CONCRETE IN THE MANHOLE
IT'S A CHAPTER 54 PROCEDURE UHHUH AND YOU'RE GETTING GIVEN, UM, UM, GOT THE WORD.
BUT ANYWAY, THEY'LL TAKE YOUR CASE IMMEDIATELY BECAUSE IT'S A PUBLIC HEALTH ISSUE AND UM, THEY'LL, YOU KNOW, ISSUE TEMPORARY ORDERS AND PERMANENT JUSTICE RELIEF IF IT'S SOMETHING THAT'S SERIOUS.
AND THEN AS FAR AS UH, THE ENFORCEMENT, WE HAVE TWO KIND.
REMEMBER WE HAVE OUR COURT OF RECORD AND THEN ESTABLISH AN ADMINISTRATIVE COURT SO WE CAN GET WITH THE JUDGE, GO OVER THE ORDINANCE AND SEE HOW HE WANTS TO HANDLE AN ADMINISTRATIVE VIOLATION OF THIS ORDINANCE.
BECAUSE I DON'T THINK THE COUNSEL WANTS TO HEAR IT.
BECAUSE I THINK IT GETS, I MEAN, COUNCIL THOMPSON'S POINT, I MEAN WE'VE GOTTA MAKE SURE IT'S GREAT TO HAVE A RULE.
WE'VE GOTTA MAKE SURE WE UNDERSTAND.
I THINK THE COUNCIL NEEDS TO UNDERSTAND THAT STAFF UNDERSTAND OR WE HAVE TO KNOW THAT STAFF UNDERSTANDS THE WHOLE PROCESS SO THAT WHEN WE DO ALL OF A SUDDEN FIND SOMEONE THAT DUMP SOME CRAZY STUFF IN THE DEAL, YOU GUYS AREN'T COMING BACK TO US AND GOING, FORGOT A SECTION AND WE GOTTA MAKE SURE NOW THE JUDGE SAYS HE'S NOT GONNA ENFORCE IT UNLESS WE DO THIS.
I THINK TO HIS POINT, WE GOTTA MAKE SURE WE ALL UNDERSTAND THE PROCESS.
'CAUSE A LOT OF TIMES WE APPROVE THINGS NOT KNOWING EXACTLY HOW IT'S GONNA WORK UNTIL IT WORKS.
I THINK WE'VE BEEN CHANGING SOMEWHAT TO GO, WE WANNA UNDERSTAND EVERYTHING ABOUT HOW IT WORKS AND AT LEAST KNOW THAT, YOU KNOW, THE JUDGE KNOWS WHOEVER IN CODES KNOWS THAT.
WHY I WILL COMMENT ON THAT TOO, THAT WE RELIED ON, UM, EPA AS A A MODEL SERIES, USE ORDINANCE THAT WE, WE MIRROR VERY CLOSELY, ESPECIALLY IN SECTIONS LIKE THIS.
UM, THE JUDICIAL TYPE SECTIONS.
UM, I DON'T KNOW IF THAT GIVES YOU ANY SORT OF PEACE OF MIND AS FAR AS THAT GOES TOO.
UM, IT'S JUST LIKE, 'CAUSE WE HAVE A, UH, WE, WE HAVE, WE GOTTA MAKE SURE THIS WORKS ON, UH, WHEN YOU HAVE THE INTER MUNICIPALITY DEAL, LIKE SO WE HAVE A LINE THAT GOES INTO TAYLOR.
THE TAYLOR HAS A PHOSPHORIC ACID PLANT THAT'S RIGHT.
THE EDGE THAT'S GONNA BE DUMPING INTO OUR SYSTEM.
I DON'T KNOW WHAT THAT LOOKS LIKE, BUT WE MAY NOT EVEN BE ENFORCING OUR OWN BUSINESSES.
WE MAY BE HAVING TO ENFORCE SOMEBODY ELSE.
AND UH, YEAH, SOMEONE'S GONNA BREAK THE RULES AT SOME POINT.
'CAUSE OTHERWISE YOU WOULDN'T HAVE 'EM IF PEOPLE DIDN'T.
THERE IS LANGUAGE IN THERE THAT THAT STATES THAT IF YOU ARE CONNECTED TO THE RESTRICT THE RECEIVING PLANTS OR KIND OF PLANS THAT YOU ARE ADHERENT TO HOW DOSE LIMITS.
UM, AND TWO, JUST TO COMMENT ON JUST AS FAR AS VIOLATIONS GO, UM, TYPICALLY WHAT WE SEE IS JUST OUR NOTICE OF VIOLATIONS, WHICH IS ESSENTIALLY JUST A NOTICE ADMINISTRATIVE NOTICE.
AN ADMINISTRATIVE NOTICE THAT, UH, YOU KNOW, WE WRITE UP, WE DRAFT THE CITY SENDS OUT TO THE, TO THE INDUSTRY AND THEY, YOU KNOW, FIX, THEY RE-SAMPLE.
IF THEY NEED TO RE-SAMPLE, THEY SUBMIT REPORTS OVER EVERYTHING.
IT'S A VERY SIMPLE, EASY PROCESS AND IT'S, IT'S USUALLY CLEARED UP.
IT'S, I DON'T WANNA, I DON'T WANNA J MY MYSELF HERE, BUT VERY, VERY RARELY HAVE WE SEEN A LOT OF ESCALATED ENFORCEMENT, ENFORCEMENT TO THE DEGREE WHERE WE WOULD BE LOOKING AT LIKE JUDICIAL, CRIMINAL, CRIMINAL ISSUE.
WE HAVE SOME THAT IN OTHER PARTS OF THE STATE ARE, SEEM TO BE REGULARLY IN VIOLATION OF THOSE MM-HMM
CITIES ORDINANCES, WHICH MAKES ME FEEL LIKE IT ALWAYS PUSH AN ENVELOPE, BUT YEAH.
BUT THE GOOD NEWS IS IF YOU DO COME ACROSS ONE OF THOSE, THIS ORDINANCE HAS REMEDIES FOR THAT.
WELL, AS A CONCRETE, I WAS TELLING HIM, YOU
[00:45:01]
DO THAT ONE TIME, SOMEONE GOES WAY FAR ABOVE AND YOU HIT 'EM HARD, THEN EVERYBODY REALIZES A LOT OF TIMES IN THAT PARTICULAR CITY DON'T, DON'T PUSH ENVELOPE BECAUSE SOME OF THESE COMPANIES, I I HAVE A FEAR THAT SOME OF THESE COMPANIES ARE SO BIG THAT THEY'LL JUST, I MEAN WE ONLY GOT, WE GOT A SMALL BUDGET.SO YOU JUST GO TO LITIGATE OR WHATEVER AND SO THEN THEY, THEY BULLY YOU INTO DOING IT THIRD WAY AND INSTEAD IT'S LIKE, UM, I JUST GET THAT FEAR WHEN WE'RE, YOU KNOW, A LITTLE BITTY CITY BRINGING IN BILLION DOLLAR COMPANIES.
NOT ALL OF THEM OPERATE EITHER WAY.
HOW HAS SUSTAINABILITY, LIKE OUR SUSTAINABILITY GOALS, HAS THAT GONE INTO ANY SORT OF PREPARATION FOR THIS ORDINANCE? LIKE OUR PLANS THAT WE HAVE 10, 15 YEARS OUT, HAS THAT GONE INTO CONSIDERATION WHEN WRITING THIS ORDINANCE OF THE THOUGHT PROCESS AROUND WRITING THIS ORDINANCE? I THINK IT, YOU MIGHT'VE STEPPED IN A LITTLE LATE OF OBVIOUSLY HUDDLE SOUTH.
UM, EXPANSION IS PART OF THE REASON FOR THE ORDINANCE IN PREPARATION FOR THAT.
THE, THE OTHER PART OF THAT IS, UM, KIND OF A TECHNICAL LOCAL LIMITS STUDY.
THAT'S, THAT SHOULD BE ALSO PART OF WHAT IS THE FUTURE INVESTMENT INTO PET SOUTH OR ANY OF OUR INFRASTRUCTURE.
UM, SO THERE IS SOME PREPARATION FOR GROWTH AND THE FACT THAT OUR, OUR INDUSTRY WILL BE DIVERSE.
WE JUST DON'T KNOW WHAT THAT LOOKS LIKE YET.
UM, AND SO THIS IS THE BEST TYPE OF PREPARATION THAT CAN BE HAD CORRECT TO THIS IS EVEN BEFORE WE COULD EVEN GET TCQ TO APPROVE A PROGRAM.
THIS IS IN, IN PART IN, IN PREPARATION FOR A TCQ APPROVED PROGRAM.
SO WHEN IT COMES TO INSPECTIONS, DO YOU JUST SHOW UP ON SITE OR DO YOU GIVE 'EM A HEADS UP THAT YOU'RE COMING, UH, IN A, IN A WELL RUN PROGRAM, YOU DO, UH, A FAIR MIX OF BOTH DEPENDING ON THE COMPLIANCE HISTORY, DEPENDING ON WHAT, IF YOU HAVE REASON TO SUSPECT THAT THEY WOULDN'T WANT YOU TO SHOW UP UNANNOUNCED, THEN YOU MIGHT SHOW UP UNANNOUNCED AND YOU'VE GOT RIGHT OF ENTRY EXPRESSED HERE IN THE ORDINANCE.
UM, AND IF, UH, INDUSTRY IS COMPLIANT AND HAS A HISTORY OF BEING VERY FORTHCOMING AND DOING WHAT THEY SHOULD BE DOING, THEN WE'LL REACH OUT TO THEM AND MAKE A DATE ON THEIR SCHEDULE THAT WORKS BEST FOR THEM.
AND IF SAYS RIGHT OF ENTRY IS DENIED, THEN YOU GO TO THE MUNICIPAL JUDGE AND YOU GET ADMINISTRATIVE SEARCH FOR THAT'S RIGHT.
I WOULD HOPE THAT IS WHAT WE PLANNED.
THE HEALTH DEPARTMENT DOESN'T EVER GIVE YOU A HEADS UP AND SAY, HEY, WE'LL BE IN NEXT WEDNESDAY TO MAKE SURE YOUR KITCHEN'S CLEAN.
THEY JUST WALK IN AND AND CHECK YOU TO ME.
NEVER GIVE ANYBODY A HEADS UP.
AND YOU ALWAYS HAVE THAT FEAR OF IF I DO THE RIGHT THING, I'M FINE.
IF I DON'T DO THE RIGHT THING ANY DAY SOMEONE COULD POP IN HERE AND IT, IT IS, IT'S A, IT'S A BALANCE, UH, WITH THE RELATIONSHIP THAT YOU HAVE WITH THE INDUSTRY.
UM, IF YOU WANT TO BE MORE AGGRESSIVE WITH THEM, YOU CAN.
IF YOU WANT TO BE, UH, A LITTLE EASIER GOING AGAIN CITY, THAT WOULD BE MORE AGGRESSIVE.
JUST THE CITY HAS THAT DISCRETION.
IF YOU TELL ME A WEEK IN ADVANCE, IT'S GONNA BE A DUI CHECKPOINT, IT'S GONNA BE LESS TRAFFIC ON A FRIDAY NIGHT THAN IF IT JUST POPPED UP AND HAD ONE.
AND I DON'T THINK THAT'S AGGRESSIVENESS.
BUT ANYWAY, YEAH, I THINK THE BACKSTOP WE HAVE HERE THOUGH IS THAT WE ARE CHECKING WHAT'S COMING IN THE PLANT ON A REGULAR BASIS.
SO IF SOMETHING'S NOT RIGHT THERE, THEN WE'RE GONNA GET, THEN WE'RE GONNA STEP UP THE EFFORT TO FIND OUT WHERE IT'S COMING FROM.
SO YEAH, IF THERE'S INDICATORS THAT, UM, SOME OF THE CONTAMINANTS OR SOME OF THE PARAMETERS THAT ARE COMING INTO INFLUENCE ARE HAPPENING OVER THE WEEKEND, THOSE ARE SOME OF THE THINGS THAT ARE RED FLAGS TO START TO TRACE THAT BACK TO AN AREA OF TOWN OR COLLECTION SYSTEM OR AN INDUSTRY.
THOSE MIGHT BE MORE, YOU KNOW, SPORADIC CHECKS OR INSPECTIONS.
THEN IF, OKAY, WELL THEY'RE CLOSED ON THE WEEKEND SO I CAN'T REALLY SCHEDULE SOMETHING ON THE WEEKEND.
SO THAT POPUPS, THEY DIDN'T GET CAUGHT THAT OPERATED FOR A YEAR WITHOUT A LICENSE.
ANYTHING ELSE? ANY OTHER QUESTIONS? THANKS GREG.