19-60 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-60
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 13, "UTILITIES," OF THE TOWN'S CODE OF
ORDINANCES BY ADOPTING A NEW ARTICLE 13.13, "WASTEWATER
INFLOW PREVENTION PLAN"; ADOPTING A WASTEWATER INFLOW
PREVENTION PLAN; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town"), recognizes that the amount of
wastewater capacity available to its customers is limited; and
WHEREAS, the Town recognizes that the major goal of the Wastewater Inflow Prevention
Plan is to manage inflow infiltration to reduce the potential threat to human health from sanitary
sewer overflows; and
WHEREAS, the Town recognizes that due to natural limitations, heavy rain conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted wastewater supply for all purposes at all times; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Wastewater Inflow Prevention Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its
wastewater capacity resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), desires to
adopt a Wastewater Inflow Prevention Plan for the Town as official Town policy for wastewater
management; and
WHEREAS, the Town Council has investigated and determined that a Wastewater Inflow
and Prevention Plan will be advantageous and beneficial to the citizens of Prosper, and will protect
the Town's citizens' public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Chapter 13, "Utilities," of the Town's
Code of Ordinances, is hereby amended by adding thereto a new Article 13.13, "Wastewater
Inflow Prevention Plan," to read as follows:
"ARTICLE 13.13 WASTEWATER INFLOW PREVENTION PLAN
Sec. 13.13.001 Plan Adopted
The Town Council hereby approves and adopts for the Town, its citizens and wastewater
customers the new Wastewater Inflow Prevention Plan (the "Plan"), attached to this Ordinance
as Exhibit A and incorporated herein for all purposes. A copy of this Ordinance and the Plan are
available in the Town Secretary's Office.
Sec. 13.13.002 Administrative Remedies
The Town may elect to exercise the following administrative remedies for violations of the Plan in
lieu of pursuing criminal or civil penalties against a User, as defined in the Plan.
(1) Administrative Fees. Administrative fees/penalties may be imposed for any
violation of the Plan, as established in Appendix A to this Code.
(2) Contesting Violations: A User may request a hearing before a hearing officer(s)
appointed by the Executive Director of Development and Infrastructure Services
within fifteen (15) business days after the date on the Notice of a violation of the
Plan. The hearing officer(s) shall evaluate all information offered by the User at
the hearing. The User shall bear the burden of proof to show why, by
preponderance of the evidence, an administrative fee should not be assessed.
The hearing officer(s) shall render a decision in writing within three (3) business
days of the conclusion of the hearing. A User may appeal the decision from the
hearing officer(s) in writing to the Executive Director of Development and
Infrastructure Services within three (3) business days from the receipt of the written
appeal. The decision by the Executive Director of Development and Infrastructure
Services is final and binding.
Unpaid assessed administrative fees related to violations of the Plan shall incur
late payment penalties and if any permit has been issued by the Town to the User,
the Town may revoke or otherwise terminate the permit."
SECTION 3
The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of
this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements
and procedures set forth in the Plan.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
Ordinance No. 19-60, Page 2
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 6
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED MD, lAlPP13OVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, 0NT4"I9 0Ary OF SEPTEMBER, 2019.
s
• - APPROVED:
191�
Ray Smit , Mayor
1
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-60, Page 3
WASTEWATER INFLOW PREVENTION (WIP) PLAN
TOWN OF PROSPER
SEPTEMBER 10, 2019
Ordinance No. 19-60, Page 4
1. APPLICABILITY AND PROHIBITIONS...................................................................................1-1
2. DEFINITIONS.......................................................................................................................2-1
3. INSTALLATION AND MAINTENANCE REQUIREMENTS.......................................................3-1
3.1 Installations.................................................................................................................... 3-1
3.2 Maintenance...................................................................................................................3-1
3.3 Cleaning.......................................................................................................................... 3-2
4. SCHEDULE OF PENALTIES.................................................................................................4-1
APPENDICES
APPENDIX A Adoption of Wastewater Inflow Prevention (WIP) Plan
• Town of Prosper Ordinance Adopting WIP Plan
Ordinance No. 19-60, Page 5
1. APPLICABILITY AND PROHIBITIONS
The measures included in this Wastewater Inflow Prevention (WIP) Plan ("Plan") are intended to provide
non -domestic users of the Publicly Owned Treatment Works (POTW), standards, education and guidelines
for reduction of inflow to protect the public wastewater system for the Town of Prosper.
• This Plan shall apply to all non -domestic users of the Publicly Owned Treatment Works
(POTW), as defined in Section 2 of the Plan.
• Residential homebuilders are not excluded.
• No user may intentionally or unintentionally allow the direct or indirect discharge of any
storm water or water into the POTW system in such amounts as to cause interference with
the collection and treatment system.
Ordinance No. 19-60, Page 6
2. DEFINITIONS
1. ACT means Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
2. EPA means the United States Environmental Protection Agency.
3. GENERATOR means any person who owns or operates a wastewater connection.
4. CONNECTION means any device designed to connect to the wastewater system.
5. INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants into a POTW from
any non -domestic source.
6. INFLOW means a rapid inflow of storm water or water into the sanitary sewer system that
corresponds closely with a peak rainfall event.
7. INTERFERENCE means a discharge which alone or in conjunction with a discharge or
discharges from other sources inhibits or disrupts the POTW, its treatment processes or
operations or its sludge processes, use or disposal, or is a cause of a violation of the town's
TPDES permit.
8. OFFENSE means any single occurrence revealed during an investigation or inspection that
would allow an inflow event to occur.
9. POTW or PUBLICLY OWNED TREATMENT WORKS means a treatment works which is owned
by a state or municipality as defined by section 502(4) of the Clean Water Act. This definition
includes any devices and systems used in the storage, treatment, recycling and reclamation
of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes
and other conveyances that convey wastewater to a POTW Treatment Plant. The term also
means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the
indirect discharges to and the discharges from such a treatment works. For purposes of this
plan, the terms "sanitary sewer system" and "POTW" may be used interchangeably.
10. TCEQ means the Texas Commission on Environmental Quality, and its predecessor and
successor agencies.
Ordinance No. 19-60, Page 7
1 1. USER means any person, including those located outside the jurisdictional limits of the town,
who contributes, causes or permits the contribution or discharge of wastewater into the
POTW, including persons who contribute such wastewater from mobile sources.
Ordinance No. 19-60, Page 8
3. INSTALLATION AND MAINTENANCE REQUIREMENTS
3.1 INSTALLATIONS
• New Construction. During construction, all connections to live collection lines shall be
protected from inflow. Proper construction practices and materials shall be utilized and
maintained to eliminate inflow during construction. Investigation of inflow conditions,
inspections of construction, and enforcement of these standards will apply at all times during
construction.
• Rehabilitation. Proper construction practices on existing connections and lines under
construction must be maintained to eliminate inflow during construction, unless specified in
writing and approved by the POTW. Investigation of inflow conditions, inspections of
construction, and enforcement of these standards will apply at all times during construction.
• Where mechanical plugs will not suffice, air gaps may be required. Manhole chimney seals
are required to prevent inflow during and after construction.
• Wastewater lines, cleanouts, and manholes shall be camera, mandrel, and pressure inspected
prior to acceptance. Once acceptance has been granted, any means to prevent inflow into the
wastewater collection system may be eliminated.
3.2 MAINTENANCE
• All physical measures to eliminate inflow will be inspected and maintained until construction
is complete and acceptance is granted or unless specified in writing and approved by the
• ►.
• All connections to the wastewater system such as new wastewater service connections shall
be protected so inflow does not enter the wastewater system.
• An inspection schedule, including the location and type of inflow measures utilized shall be
provided by the contractor prior to construction and updated as necessary.
• Detailed records of inflow device inspections shall be on site during construction at all times.
• Wastewater service lines or cleanouts broken during construction or lot maintenance shall be
repaired by the owner.
Ordinance No. 19-60, Page 9
3.3 CLEANING
Wastewater lines and connections shall be cleaned prior to camera inspections to ensure that
sediment and other material do not accumulate and conceal inflow areas.
Ordinance No. 19-60, Page 10
4. SCHEDULE OF PENALTIES
4.1 WASTEWATER INFLOW ENFORCEMENT FEES
• If the POTW determines that a generator is responsible for inflow in a collection system, the
generator shall owe Administrative Fees and may also result in termination of work.
• Administrative Fees. Administrative fees for violations to the Town's WIP Plan shall be billed
to the utility contractor, property owner or builder of record as follows:
Non -plugged wastewater lines and manholes under construction receiving inflow
First offense $ 500 per connection per day
Second offense $ 750 per connection per day
Third offense and subsequent $1,000 per connection per day
Wastewater services plumbing open
First offense
Second offense
Third offense and subsequent
Wastewater services open/broken
First offense
Second offense and subsequent
• Offenses will be reset in January of even years.
$ 250 per connection per day
$ 400 per connection per day
$ 500 per connection per day
$ 100 per connection per day
$ 200 per connection per day
• Contesting Violations. A customer may request a hearing before a hearing officers) appointed
by the Executive Director of Development and Infrastructure Services within fifteen (15)
business days after the date on the Notice. The hearing officer(s) shall evaluate all
information offered by the petitioner at the hearing. The customer shall bear the burden of
proof to show why, by preponderance of the evidence, the administrative fee should not be
assessed. The hearing officers) shall render a decision in writing within three (3) business
days of the conclusion of the hearing. A customer may appeal the decision from the hearing
officer(s) in writing to the Executive Director of Development and Infrastructure Services
within three (3) business days from the receipt of the written appeal. The decision by the
Executive Director of Development and Infrastructure Services is final and binding.
• Unpaid assessed administrative fees related to violations of wastewater under the Town Plan
shall incur late payment penalties and may result in termination of work.
Ordinance No. 19-60, Page 11