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6 Regular Meeting January 10, 1994 Page 6 Mayor Morris introduced for consideration Item 9.C. (2) removed from the consensus agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECLARING A MORATORIUM ON THE COLLECTION OF INDUSTRIAL WASTE SURCHARGES; ~D PROVIDING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Mr. Cox seconded l the motion. Mayor Morris stated this is a federal mandate, and the city has chosen to participate in industrial pretreatment. Mr. Moore stated he thought the City must participate in industrial pretreatment and need to extend a hand to those affected by the program. Mr. Hart stated the City does have other options. Mr. Guerra asked Mr. Taylor if the city does not participate in this program, will the City be faced with litigation. Mr. Taylor stated we will be fined until the treasury runs dry. Mayor Morris stated the goal is to control what enters our wastewater system. The Council discussed if it were possible to make the existing process more palatable rather than go to permitting. Mr. Moore asked for an explanation of why some small businesses would need to be permitted. Mr. Boeker gave an example that SWT has four permits and has spent a considerable amount making changes and is tested ~wice a year. Mr. Boeker stated it is his opinion permitting is the only good method to have control. If the city applies for any water or wastewater grants, we would be required to have a surcharge program in place. Mr. Boeker stated the goal is to keep that which is not allowed out of the waste stream. Mayor Morris moved to amend Part 1 of the Resolution to change the moratorium period from thirty days to one hundred twenty days and for the last line of Part 1 to read, " . . . moratorium period will be suspended, and any collected surcharge will be reimbursed," and Mr. Hart seconded the motion, which passed unanimously. The Council directed during the moratorium all affected businesses receive education on the process, how the testing will be conducted and a cost determination made. Mr. Boeker proposed four composite samples be taken over the course of a day at intervals during the period the business is open, that only COD be tested, and the testing days be unannounced. The city would then split the sample with the business so they could have the sample tested elsewhere by a certified company if they chose to. If the sample exceeds a ten percent margin of discrepancy, a third testing would be done, which would be the test that counts. Mayor Morris requested the owner be notified at the time the City arrives for the testing. Mr. Boeker suggested testing be done every two years. He stated if a business has permanent improvements made, they can request retesting. Mr. Hart stated education is needed prior to a cost analysis. Mr. Hart asked how much reliability there is in the testing method. Mr. Gilley stated he did not think the test results with the grab samples are invalid, but the composite sampling will have more accuracy. Mr. Hart stated the city has to have a reasonable and equitable testing method the city and businesses think is. During the one hundred twenty day moratorium, Council directed education, testing and cost be determined, and Mr. Guerra recommended businesses also be allowed to suggest amendments to the Ordinance. Dan Anderson stated he wants equity for all businesses to be tested. Rick Travis stated he wanted to be tested on Mondays because it is a slower day for his business, and for. equitability all should be tested on the same day. Mr. Boeker stated peak time does not make the chemical more apparent, because there is more dilution in the sample. A representative of Jalisco's Cafe asked why homeowners were not included in the testing and was advised residential use has a minor impact.. Bill Haney stated the intent of the program is not to preclude what goes into the wastewater system. He thinks a license would be easier than the sampling and testing. Mayor Morris stated she did not think this would be equitable, and there would be no control on the situation or incentive to clean up. Mr. Haney advised the Council to scrap the data on sampling we have now. He thinks the information is invalid, as we have not documented the chain of custody and the procedures must be documented when a sample is shared. Willie Higgs asked Mr. Boeker how the sample ports are used, and was advised they are pumped out and collected before a sample is taken. He stated