Unless the context specifically indicates otherwise, the meaning of the terms and phrases used in this article shall be as follows:
Act
means the Federal Water Pollution Control Act, Public Law 92-500, known as the Clean Water Act (CWA), as amended, 33 USC 1251 et seq.
Administrator
means the EPA Region VI Regional Administrator.
Approval authority
means the regional administrator of EPA Region 6 or, upon approval of a state pretreatment program within a delegated Texas NPDES permit program, the director of the Texas Water Commission (TWC) or its successor agencies.
BOD (Biochemical Oxygen Demand)
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at 20 degrees Celsius, expressed in mg/l. The laboratory determination shall be made in accordance with the procedures set forth in 40 CFR 136.
Building drain
means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys to the building sewer, which begins three feet outside the inner face of the building wall.
Building sewer
means the extension from the building drain to the sewer lateral at the property line or other lawful place of disposal (also called house lateral or house connection).
Bypass
means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
Categorical pretreatment standard or categorical standard
means any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with sections 307(b) and (c) of the Act (33 USC 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
City
means the City of Frisco, Texas, the city council, city manager, and/or any other person authorized by the city council to represent the city.
COD (Chemical Oxygen Demand)
means the measure of oxygen consuming capacity of inorganic and organic matter present in water or wastewater. It is expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test. It does not differentiate between stable and unstable organic matter and thus does not necessarily correlate with BOD.
Control manhole
means a manhole giving access to a building sewer point before the building sewer discharges into the public sewer.
Daily discharge
means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents a calendar day for purposes of sampling.
Daily maximum
means the highest allowable "daily discharge" during a calendar month.
Disposal
means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or semi-solid waste (i.e., grease trap waste, grit trap wastes, and/or septage) into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including, but not limited to, groundwaters.
Domestic sewage
means the water-borne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free of stormwater and industrial wastes.
Environmental officer
means the director of public works of the city or his duly authorized representative, which may be any entity with which the city has contracted for operation of the POTW or a treatment plant and/or with which the city has entered into a multijurisdictional, or interjurisdictional, agreement providing for wastewater service, or a particular officer or employee thereof.
EPA (Environmental Protection Agency)
means the U.S. Environmental Protection Agency; or where appropriate, the term may also be used as a designation for the administrator or other duly authorized officials of EPA.
Flow-proportioned composite sample
means a sample collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
Garbage
means animal and vegetable wastes and residue from preparation, cooking, and dispensing of food; and from handling, processing, storage, and sale of food products and produce.
Grab sample
means an individual sample collected over a period of time not exceeding 15 minutes.
Grease trap
means a watertight receptacle designed and constructed to intercept and prevent the passage of greasy, fatty liquid, semi-liquid, and/or solid wastes into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grease trap waste
means any greasy, fatty liquid, semi-liquid, and/or solid wastes removed by a grease trap.
Grit/sand trap
means a water-tight receptacle designed and constructed to intercept and prevent the passage of sand, grit and other heavy solids into the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grit trap waste
means any sand, grit and/or other heavy solids removed from a grit trap.
Hazardous waste
means any substance which, if disposed of otherwise than by discharge into the POTW, would be identified as a hazardous waste under 40 CFR 261.
Holding tank waste
means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
Indirect discharge or discharge
means the introduction of pollutants into the POTW from any non-domestic source regulated under section 307(b), (c) or (d) of the Act.
Industrial user (or user)
means any source of indirect discharge.
Industrial user wastewater surcharge
means the additional charge made on those persons or industries who discharge industrial wastes into the sewer system which are amenable to treatment by the POTW treatment processes, but which exceed either the BOD or total suspended solids concentrations of "normal domestic sewage."
Industrial waste
means the water-borne solids, liquids, or gaseous wastes resulting from and discharged, permitted to flow or escaping from any industrial, manufacturing or food processing operation or process, or from the development of any natural resources, or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
Industrial wastewater discharge permit (or permit)
means a permit required of an industrial user to discharge waste into any sewer system under the jurisdiction of the city.
Interference
means a discharge which, either alone or in conjunction with a discharge or discharges from other sources, both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Is the cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research, and Sanctuaries Act.
Liquid waste
means water-borne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet and/or septic tanks and described as grease trap waste, grit trap waste or septage.
Milligrams per liter (mg/l)
means a weight to volume ratio. The milligrams per liter value multiplied by the factor 8.34 is equivalent to pounds per million gallons of water.
Monthly average
means the highest allowable average of "daily discharge" over a calendar month, calculated as the sum of all "daily discharge" measured during a calendar month divided by the number of "daily discharge" measured during that month.
New source.
(1) 
Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
a. 
The building, structure, facility or installation is constructed at a site at which no other source is located;
b. 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
c. 
The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site.
In determining whether these are substantially independent, factors, such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same type of activity as the existing source will be considered.
(2) 
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsections (1)b and (1)c above but otherwise alters, replaces, or adds to the existing process or production equipment. Construction of a new source as defined has commenced if the owner or operator has:
a. 
Begun, or caused to begin as part of a continuous on-site construction program:
1. 
Any placement, assembly, or installation of facilities or equipment; or
2. 
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment;
b. 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering; and design studies do not constitute a contractual obligation under this definition.
Normal domestic sewage
means the "normal" sewage for the city, for which the average concentration of total suspended solids is not more than 250 mg/l and BOD is no more than 250 mg/l. Industrial wastes and stormwater are excluded from this term.
Overload
means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered or design capacity.
Owner
means any person who owns a facility or any portion of a facility.
Pass through
means a discharge which exits the POTW into waters of the United States in quantities or concentration which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
Person
means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
pH
means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Pollutant
means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, and cellar dirt; industrial, municipal, and agricultural waste; and the characteristics of wastewater (such as pH, temperature, suspended solids, turbidity, color, BOD, COD, toxicity, and odor).
POTW (Publicly Owned Treatment Works)
means a treatment works as defined by section 212 of the Act, (33 USC 1292) which is owned by the city. 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 lift stations, sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant.
PPM (parts per million)
means a weight to weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.
Pretreatment (or treatment)
means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes or by other means, except as prohibited by 40 CFR 403.6(d).
Pretreatment requirements
means any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Pretreatment standards (or standards)
shall mean prohibited discharge standards, categorical pretreatment standards, and local limits.
Priority pollutant
means a pollutant found in Table II or Table III of 40 CFR 122, Appendix D.
Prohibited discharge standards (or prohibited discharges)
means absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 94-20.
Properly shredded garbage
means the wastes from the preparation, cooking and dispensing of foods that have been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Responsible corporate officer
means:
(1) 
A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or
(2) 
The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25,000,000.00 (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
Sanitary sewer
means a public sewer that conveys domestic sewage or industrial wastes or a combination of both, and into which stormwaters, surface waters, groundwaters and other unpolluted waters are not intentionally passed.
Septage
means wastes removed from a portable toilet, chemical toilet or septic tank.
Severe property damage
means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Sewage service charge
means the charge made on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal domestic sewage.
Sewer
means a pipe or conduit for carrying sanitary sewage.
SIC (standard industrial classification)
means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, or the latest edition.
Significant industrial user (SIU).
(1) 
Except as provided in subsection (2) of the term shall mean:
a. 
An industrial user subject to categorical pretreatment standards; and
b. 
Any other industrial user that: discharges 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the environmental officer on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements (in accordance with 40 CFR 403.8(f)(6)).
(2) 
Upon finding that an industrial user meeting the criteria in subsection (1)b. has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements, the environmental officer may at any time, on his own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Slug discharge
means any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, and/or a discharge which violates any prohibited discharge standard in section 94-20, and/or could significantly disrupt the POTW and/or threaten human health and safety, and/or could potentially result in violations of the POTW's NPDES permit or sludge requirements.
Spill
means the accidental or intentional loss or unauthorized discharge of any waste or raw material.
Storm sewer (or storm drain)
means a sewer which carries stormwaters and surface waters and drainage but excludes sewage and polluted industrial wastes.
Stormwater
means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Surcharge
means the charge in addition to the sewage service charge which is made on those persons whose wastes are greater in strength than the concentration values established as representative of normal domestic sewage.
Suspended solids
means solids that either float on the surface of, or are in suspension of water, sewage, or other liquids, and which are removable by laboratory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in 40 CFR 136.
Time composite sample
means a sample composed of discrete sample aliquots collected in a single reservoir at constant time intervals irrespective of flow.
Toxic pollutant (or toxic substance)
means any substance whether gaseous, liquid or solid which, when discharged to the POTW in sufficient concentrations, as determined by the environmental officer, may be hazardous to sewer maintenance and personnel, tend to interfere with any wastewater treatment process, or to constitute a hazard to human beings or animals, or to inhibit aquatic life, or to create a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant; or any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of the Clean Water Act 307(a) or other Acts.
Trap
means a device designed to skim, settle, or otherwise remove oil, grease, sand, flammable wastes or other harmful substances.
Treatment plant (or wastewater treatment plant)
means that portion, or those portions, of the POTW which is designed to provide treatment of domestic sewage and industrial waste.
TWC
means the Texas Water Commission or its successor agencies.
Upset
means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
User (or industrial user)
means any source of indirect discharge.
Waste
means rejected, unutilized, or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
Wastewater
means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial and/or manufacturing facilities, and institutions, together with any stormwater which may be present, whether treated or untreated, which are contributed into or permitted to enter the POTW.
Watercourse
means a channel in which a flow of water occurs, either continuously or intermittently.
(Ordinance 96-02-01, sec. A, sec. 1, adopted 2/6/96)
(a) 
No person may introduce into the POTW any pollutant which may pass through or interfere. Also prohibited are any substances that have an adverse effect on the environment, or may endanger life, health or property, or constitute a public nuisance.
(b) 
Substances specifically prohibited from being discharged into the POTW are as follows:
(1) 
Any liquids, solids or gases, including but not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, perchlorates, bromates, carbides, hydrides, sulfides or any other substances which are a fire or other hazard to the system, which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fires, explosions, or be injurious in any other way to the facilities or operation of the POTW.
(2) 
Any substance which creates a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21.
(3) 
Any wastewater having A pH less than 5.0, greater than 10.5, or any wastewater having any other corrosive property capable of causing damage or hazard to the POTW or any person.
(4) 
Any wastewater containing pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and/or safety problems.
(5) 
Any liquid or vapor having a temperature higher than 150 degrees (65 degrees); or exhibiting heat in amounts which will inhibit biological activity in a treatment plant causing an interference; or, in any case, exhibiting heat in such quantities that the temperature at the treatment plant exceeds 40 degrees Celsius (104 degrees Fahrenheit).
(6) 
Any pollutant, including oxygen demanding pollutants (COD, etc.) and total dissolved solids, released in a discharge at a flow rate and/or pollutant concentration which will cause pass through or interference at the POTW or which will cause the POTW to be in noncompliance with any federal or state sludge use or disposal criteria, guidelines or regulations.
(7) 
Any free or emulsified fats, waxes, greases or oils containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius); or any combination of free or emulsified fats, waxes, greases or oils, if, in the opinion of the environmental officer, it appears probable that such wastes:
a. 
Can deposit grease or oil in the sanitary sewers in such a manner as to clog the sewers;
b. 
Can overload skimming and grease handling equipment;
c. 
Are not amenable to bacterial action and will therefore pass to the receiving water without being affected by normal sewage treatment processes;
d. 
Can have deleterious effects on the treatment process due to excessive quantities.
(8) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through.
(9) 
Solid or liquid substances which may cause obstruction to the flow in sanitary sewers or other interference with the proper operation of the wastewater treatment facilities such as, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, bulk solids or waste paper.
(10) 
Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other substances are sufficient to prevent entry into the sanitary sewers for maintenance and repair.
(11) 
Wastewater containing COD in concentrations which are not amenable to treatment, or any other substance which is determined by the environmental officer to be not amenable to treatment by the POTW.
(12) 
Any trucked or hauled pollutants, except at discharge points designated by the environmental officer.
(13) 
Pollutant which causes:
a. 
Excessive discoloration;
b. 
High hydrogen sulfide content;
c. 
Unusual taste- or odor-producing substances.
(c) 
In cases where, in the opinion of the environmental officer; the character of the sewage from any manufacturer or industrial plant building or other premises is such that it will damage the system, or cannot be treated satisfactorily in the system, the environmental officer shall have the right to require such user to dispose of such waste otherwise and prevent it from entering the POTW.
(d) 
Unusual flow and concentration of any of the above shall be pretreated to a concentration acceptable to the city, if such wastes can:
(1) 
Cause damage to the POTW;
(2) 
Impair processes;
(3) 
Incur treatment cost exceeding those of normal sewage;
(4) 
Render the water unfit for stream disposal or industrial use;
(5) 
Create a public nuisance.
(Ordinance 96-02-01, sec. A, sec. 2, adopted 2/6/96)
(a) 
It shall be unlawful to discharge into the POTW, any metals, chemicals or toxic substances in excess of the following concentration limits:
(1) 
The following heavy metals and toxic materials in the form of compounds or elements in solution or suspension in concentrations exceeding these limits:
Parameter
Monthly Average Limit in mg/l
Arsenic (Total)
0.71
Cadmium (Total)
0.20
Chromium (Total)
1.30
Copper (Total)
2.07
Cyanide (Total)
0.61
Lead (Total)
0.43
Mercury (Total)
0.06
Nickel (Total)
1.75
Silver (Total)
0.24
Zinc (Total)
1.27
Phenols
28
Biochemical Oxygen Demand
474
Total Suspended Solids
592
Ammonia Nitrogen
19
(2) 
All other priority pollutants found in the POTW influent at a concentration at or above 0.1 mg/l and all Numerical Aquatic Life Criteria as defined by the TWC including, but not limited to the following, shall be excluded from the POTW unless a permit specifying the condition of pretreatment, concentration, volumes, etc., is obtained from the city:
Aldrain
Aluminum
Carbaryl
Chlordane
Chlorpyrifos
DDT
Demeton
Dieldron
Endosulfan
Guthion
Heptachlor
Hexachlorocyclohexane
Malathion
Methoxychlor
Mirex
PCB (total)
Parathion
Phenanthrene
Pentachlorophenol
Selenium
Silver (free ion)
Toxaphene
Tributyltin
2-4-5-Tricholorophenol
(3) 
Any radioactive wastes or isotopes without prior written permission from the environmental officer.
(b) 
Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industrial user shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation. The environmental officer may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations is appropriate.
(c) 
Upon the promulgation of a categorical pretreatment standard for a particular industrial category or subcategory, the categorical pretreatment standard, if more stringent than specific limitations imposed under this article for industrial users subject to that categorical standard, shall supersede the limitations imposed under this article.
(d) 
Where industrial users combine waste streams prior to treatment, compliance with an applicable categorical pretreatment standard will be determined either prior to combining the wastestreams or following treatment of the combined wastestream (by applying the combined wastestream formula found in 40 CFR 403.6(e)).
(Ordinance 96-02-01, sec. A, sec. 3, adopted 2/6/96)
(a) 
No person shall discharge garbage into the POTW unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in the sanitary sewer. Particles greater than one-half inch in any dimension are prohibited.
(b) 
The environmental officer is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater.
(Ordinance 96-02-01, sec. A, sec. 4, adopted 2/6/96)
(a) 
Discharges requiring a trap include any nonresidential establishment discharging:
(1) 
Grease or water containing grease;
(2) 
Oil;
(3) 
Sand;
(4) 
Flammable wastes;
(5) 
Other harmful substances.
(b) 
Any person responsible for discharges requiring a trap shall at their own expense and as required by the environmental officer:
(1) 
Provide equipment and facilities of a type and capacity approved by the environmental officer.
(2) 
Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection.
(3) 
Maintain the trap in effective and operating condition.
(Ordinance 96-02-01, sec. A, sec. 5, adopted 2/6/96)
(a) 
Compliance with federal authority.
Industrial users within the jurisdiction of this article shall comply with all federal general pretreatment regulations and with those categorical pretreatment standards applicable to each as specified in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(b) 
Compliance with state authority.
Industrial users within the jurisdiction of this article shall comply with applicable sections of V.T.C.A., Water Code ch. 26.
(Ordinance 96-02-01, sec. A, sec. 6, adopted 2/6/96)
(a) 
All nondomestic users must notify the environmental officer of the nature and characteristics of their wastewater prior to commencing their discharge. The environmental officer is authorized to prepare a form for this purpose.
(b) 
It shall be unlawful for significant industrial users to discharge wastewater, whether directly or indirectly, into the POTW without first obtaining an industrial wastewater discharge permit from the city. Any violation of the terms and conditions of an industrial wastewater discharge permit shall be deemed a violation of this article. Obtaining an industrial wastewater discharge permit does not relieve a permittee of its obligation to obtain any other permits required by federal, state, or local law.
(c) 
The environmental officer may require that other industrial users, including liquid waste haulers, obtain industrial wastewater discharge permits as necessary to carry out the purposes of this article.
(d) 
All existing significant industrial users connected to or contributing to the POTW shall obtain an industrial wastewater discharge permit within 180 days after the effective date of this chapter. The application must be submitted to the environmental officer within 90 days after the effective date of the ordinance from which this chapter is derived.
(e) 
Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the POTW must obtain an industrial wastewater discharge permit prior to beginning or recommencing such discharge. For industrial users subject to categorical standards, a baseline monitoring report (see section 94-26) will be used as an application for this permit and must be filed at least 90 days prior to commencement of discharge. For industrial users not subject to categorical standards, a permit application must be filed in accordance with section 94-31.
(f) 
Once permitted, the industrial user has the duty to reapply if the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit. The industrial user must submit an application for a new permit at least 90 days before the expiration of the permit in accordance with section 94-31. The application form may be obtained from the environmental officer.
(Ordinance 96-02-01, sec. A, sec. 7, adopted 2/6/96)
Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision made upon a category determination under 40 CFR 403.6(a)(4), whichever is later, existing industrial users subject to such categorical pretreatment standards and currently discharging to or scheduled to discharge to the POTW shall be required to submit to the environmental officer a report which contains the information listed in subsections (1) through (7) below. At least 90 days prior to commencement of discharge, new sources, and sources that become subject to categorical standards subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the environmental officer a report which contains the information listed in subsections (1) through (5) below. New sources shall also be required to include this report information on the method of pretreatment the source intends to use to meet applicable categorical standards. New sources shall give estimates to the information requested in subsections (4) and (5).
(1) 
The user shall submit the name and address of the facility including the name of the operators and owners.
(2) 
The user shall submit a list of any environmental control permits held by or for the facility.
(3) 
The user shall submit a brief description of the nature, average rate of production, and the standard industrial classification of the operation carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) 
The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
a. 
Regulated process streams; and
b. 
Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).
The environmental officer may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) 
Measurement of pollutants:
a. 
The user shall identify the categorical pretreatment standards applicable to each regulated process.
b. 
In addition, the user shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the categorical standard or by the environmental officer) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of daily operations.
c. 
A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, 24-hour composite samples must be obtained through flow-proportional composite sampling techniques where feasible. The environmental officer may waive flow-proportional composite sampling for any industrial user that demonstrates that flow-proportional sampling is infeasible. In such cases, samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged.
d. 
The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section.
e. 
Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the categorical standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit along with supporting data shall be submitted to the environmental officer.
f. 
Sampling and analysis shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures suggested by the environmental officer or other parties, approved by the EPA.
g. 
The environmental officer may allow the submission of a baseline monitoring report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
h. 
The baseline report shall indicate the time, date and place, of sampling, and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
(6) 
A statement, reviewed by an authorized representative of the industrial user (as specified in section 94-33), and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(7) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard.
(8) 
Where the industrial user's categorical pretreatment standard has been modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) at the time the user submits the report required by this section, the information required by subsections (6) and (7) shall pertain to the modified limits.
(9) 
If the categorical pretreatment standard is modified by a removal allowance (40 CFR 403.7), the combined wastestream formula (40 CFR 403.6(e)), and/or a fundamentally different factors variance (40 CFR 403.13) after the user submits the report required by this section, any necessary amendments to the information requested by subsections (6) and (7) shall be submitted by the user to the environmental officer within 60 days after the modified limit is approved.
(Ordinance 96-02-01, sec. A, sec. 8, adopted 2/6/96)
The following conditions shall apply to the schedule required by section 94-26(7):
(1) 
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing plans, executing contract for major components, commencing construction, completing construction, etc.).
(2) 
No increment referred to in subsection (1) shall exceed nine months.
(3) 
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the environmental officer including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the environmental officer.
(Ordinance 96-02-01, sec. A, sec. 9, adopted 2/6/96)
Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the environmental officer a report containing the information described in section 94-26(4), (5), and (6). For industrial users subject to equivalent mass or concentration limits established by the environmental officer in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 94-33.
(Ordinance 96-02-01, sec. A, sec. 10, adopted 2/6/96)
(a) 
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such categorical standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the environmental officer during the months of June and December, unless required more frequently in the categorical standard or by the environmental officer or the approval authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in section 94-26(4) except that the environmental officer may require more detailed reporting of flows. At the discretion of the environmental officer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the environmental officer may agree to alter the months during which the above reports are submitted.
(b) 
Where the environmental officer has imposed mass limitations on an industrial user as provided for by 40 CFR 403.6(d), the report required by subsection (a) above shall indicate the mass of pollutants regulated by the applicable categorical pretreatment standards in the discharge for the industrial user.
(c) 
For industrial users subject to equivalent mass or concentration limits established by the environmental officer in accordance with the procedures in 40 CFR 403.6(c), the report required by subsection (a) above shall contain a reasonable measure of the user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (a) above shall include the user's actual average production rate for the reporting period.
(Ordinance 96-02-01, sec. A, sec. 11, adopted 2/6/96)
Significant noncategorical industrial users shall submit to the environmental officer at least once every six months (on dates specified by the environmental officer) a description of the nature, concentration, and flow of the pollutants required to be reported by the environmental officer. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the environmental officer or other persons, approved by the EPA. This sampling and analysis may be performed by the environmental officer in lieu of the significant noncategorical industrial user. Where the environmental officer collects all the information required for the report, the noncategorical significant industrial user will not be required to submit the report.
(Ordinance 96-02-01, sec. A, sec. 12, adopted 2/6/96)
(a) 
Significant industrial users required to obtain an industrial wastewater discharge permit shall complete and file with the environmental officer, an application upon a form provided by the city. A permit fee shall accompany the application. In support of the application, the significant industrial user shall submit the following information:
(1) 
The user shall submit the name and address of the facility including the name of the operators and owners.
(2) 
The user shall submit a list of any environmental control permits held by or for the facility.
(3) 
The user shall submit a brief description of the nature, average rate of production, and the standard industrial classification of the operation carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) 
The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
a. 
Regulated process streams; and
b. 
Other streams as necessary to allow use of the combined wastestream formula of 40 CFR 403.6(e).
The environmental officer may allow for verifiable estimates of these flows where justified by cost or feasibility considerations.
(5) 
Wastewater constituents and characteristics including but not limited to those mentioned in this article, and any federal, state or local standards. Sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to section 304(g) of the Act; in 40 CFR 136, as amended; and 40 CFR 403.12(b)(5), as amended.
(6) 
A statement, reviewed by an authorized representative of the industrial user (as defined in section 94-33), and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(7) 
If additional pretreatment and/or O&M will be required to meet the pretreatment standards; the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to the schedule required by this subsection:
a. 
The schedule will contain increments of progress in the form of date for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing plans, executing contract for major components, commencing construction, completing construction, etc.).
b. 
No increment referred to in subsection (a)(7)a. shall exceed nine months.
Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the environmental officer including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the environmental officer.
(8) 
Any other information as deemed necessary by the environmental officer to evaluate the permit application.
(b) 
The environmental officer shall issue a permit if he determines that pretreatment facilities are adequate for efficient treatment and that discharged wastes will comply with all applicable pretreatment standards and requirements, including those imposed by this article.
(Ordinance 96-02-01, sec. A, sec. 13, adopted 2/6/96)
(a) 
Industrial wastewater discharge permits shall be expressly subject to all provisions of this article and all other applicable regulations, user charges and fees established by the city. Permits shall contain, but not be limited to, the following:
(1) 
Statement of duration (in no case more than five years);
(2) 
Statement of nontransferability without, at a minimum, prior notification to the environmental officer and provision of a copy of the existing control mechanism to the new owner or operator;
(3) 
Effluent limits based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, prohibited discharge standards, local limits, and state and local law;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, prohibited discharge standards, local limits, and state and local law;
(5) 
Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.
(b) 
Industrial wastewater discharge permits may contain other conditions as deemed appropriate by the environmental officer to ensure compliance with this article, and state and federal laws, rules, and regulations.
(Ordinance 96-02-01, sec. A, sec. 14, adopted 2/6/96)
The reports required under sections 94-26, 94-28, 94-29 and 94-30 shall include the certification below:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
and shall be signed as follows:
(1) 
By a responsible corporate officer, if the industrial user submitting the reports is a corporation.
(2) 
By a general partner or proprietor if the industrial user submitting the reports is a partnership or sole proprietorship, respectively.
(3) 
By the principal executive officer or environmental manager having responsibility for the overall operation of the discharging facility if the industrial user submitting the reports is a federal, state, or local governmental entity, or their agents.
(4) 
By a duly authorized representative of the individual designated in subsection (1), (2), or (3) of this section if:
a. 
The authorization is made in writing by the individual described in subsection (1), (2), or (3);
b. 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility for environmental matters for the company; and
c. 
The written authorization is submitted to the environmental officer.
(5) 
If an authorization under subsection (4) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (4) of this section must be submitted to the environmental officer prior to or together with any reports to be signed by an authorized representative.
(Ordinance 96-02-01, sec. A, sec. 15, adopted 2/6/96)
(a) 
Duration.
Industrial wastewater discharge permits shall be issued for a specified period, not to exceed five years. A permit may be issued for a period less than five years, at the discretion of the environmental officer.
(b) 
Appeals.
The environmental officer will provide all interested persons with notice of final permit decisions. Upon notice by the environmental officer, any interested person, including the industrial user, may petition to appeal the terms of a permit, or the denial of a permit, to the environmental appeals committee (as established by section 94-37), within 30 days of the notice of the final permit decision.
(1) 
Failure to submit to a timely petition for review shall be deemed to be a waiver of the appeal.
(2) 
In its petition, the appealing party must indicate the permit provisions objected to, the reasons for these objections, and the alternative condition, if any, it seeks to be placed in the permit. Any reasons advanced against a permit denial shall be fully explained.
(3) 
The effectiveness of the permit shall not be stayed pending a reconsideration by the committee, unless the environmental officer expressly so states. If, after considering the petition and any arguments put forth by the environmental officer, the committee determines that reconsideration is proper, it shall remand the permit, or permit application, back to the environmental officer for reconsideration. Those permit provisions being reconsidered by the environmental officer on remand shall be stayed pending reissuance, unless the committee expressly states to the contrary.
(4) 
An environmental appeals committee decision not to reconsider a final permit, or the denial of a permit, shall be considered final administrative action for purposes of judicial review.
(c) 
Action.
The environmental officer has the power to deny or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by an industrial user where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its NPDES permit. The environmental officer may modify the permit for good cause including but not limited to, the following:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
(2) 
Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit.
(3) 
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
(4) 
Information indicating that the permitted discharge poses a threat to the POTW, POTW personnel, or the receiving waters.
(5) 
Violation of any terms or conditions of the permit.
(6) 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
(7) 
Revision of or a grant of variance from categorical standards pursuant to 40 CFR 403.13.
(8) 
To correct typographical or other errors in the permit.
(9) 
To reflect transfer of the facility ownership and/or operation to a new owner or operator.
(10) 
Upon request of the permittee, provided such request does not create a violation of any applicable pretreatment standards or requirements, or other laws, rules, or regulations.
The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(d) 
Transfer.
Permits may be reassigned or transferred to a new owner and/or operator with prior approval of the environmental officer, provided:
(1) 
The permittee must give at least 30 days advance notice to the environmental officer.
(2) 
The notice must include a written certification by the new owner or operator which:
a. 
States that the new owner or operator has no immediate intent to change the facility's operations and processes;
b. 
Identifies the specific date on which the transfer is to occur; and
c. 
Acknowledges full responsibility for complying with the existing permit.
(e) 
Termination.
Industrial wastewater discharge permits may be terminated for reasons including but not limited to, the following:
(1) 
Falsifying self-monitoring reports.
(2) 
Tampering with monitoring equipment.
(3) 
Refusing to allow proper inspecting authorities timely access to the facility premises and records.
(4) 
Failure to meet effluent limitations.
(5) 
Failure to pay fines.
(6) 
Failure to pay sewer charges.
(7) 
Failure to meet compliance schedules.
A user will be notified of any proposed permit termination and offered an opportunity to show cause under section 94-36(c) why the proposed termination should not occur. Industrial wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial wastewater discharge permits issued to a particular user are void upon the issuance of a new permit to that user.
(f) 
Reissuance.
The user shall apply for permit reissuance by submitting a complete permit application a minimum of 90 days prior to the expiration of the user's existing permit.
(g) 
Continuation of expired permits.
An expired permit will continue to be effective and enforceable until the permit is reissued if:
(1) 
The industrial user has submitted a complete permit application at least 90 days prior to the expiration date of the user's permit.
(2) 
The failure to reissue the permit, prior to expiration of the previous permit, is not due to any act or failure to act on the part of the industrial user.
(Ordinance 96-02-01, sec. A, sec. 16, adopted 2/6/96)
(a) 
If sampling performed by an industrial user indicates a violation, the user shall notify the environmental officer within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis within 30 days after becoming aware of the violation.
(b) 
If an industrial user subject to the reporting requirements of section 94-29 or section 94-30 monitors any pollutant more frequently than required by this article or by the environmental officer, using the procedures as prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the report.
(c) 
Any industrial user subject to the reporting requirements established in this article or the permit shall retain for a minimum of three years any records of monitoring activities and results (whether or not such monitoring activities are required by this article or the permit) and shall make available for inspection and copying by the EPA, TWC or the environmental officer. This period of retention shall be extended during the course of any unresolved litigation regarding the industrial user or the city or when requested by the state or the federal government. For all samples, such records shall include but not be limited to:
(1) 
The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(2) 
The date analyses were performed;
(3) 
Who performed the analyses;
(4) 
The analytical techniques/methods used; and
(5) 
The results of such analyses.
(Ordinance 96-02-01, sec. A, sec. 17, adopted 2/6/96)
(a) 
When the environmental officer finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may serve upon that user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the environmental officer. If the user denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the environmental officer within ten days of receipt of the notice. Submission of an explanation and/or plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the environmental officer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) 
The environmental officer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents may include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (d) and (e) of this section and shall be judicially enforceable.
(c) 
The environmental officer may order a user which has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the environmental officer and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) 
When the environmental officer finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time limit. If the user does not come into compliance within the specified time limit, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(e) 
When the environmental officer finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the environmental officer may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(f) 
The environmental officer may immediately suspend a user's discharge, after any reasonable notice to the user that is practical under the circumstances, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The environmental officer may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the environmental officer may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The environmental officer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the environmental officer that the period of endangerment has passed, unless the termination proceedings in subsection (g) of this section are initiated against the user.
(2) 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the environmental officer prior to the date of any show cause or termination hearing under subsection (c) or (g) of this section.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(g) 
In addition to the provisions in section 94-34(e), any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of industrial wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(5) 
Violation of pretreatment standards.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. Exercise of this option by the environmental officer shall not be a bar to, or a prerequisite for, taking any other action against the user.
(h) 
Administrative fines.
(1) 
When the environmental officer finds that a user has violated, or continues to violate, any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may fine such user in an amount not to exceed $1,000.00. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) 
Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
(3) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(i) 
Any industrial user subject to any order issued, any administrative fine imposed, or any enforcement action taken by the environmental officer pursuant to his authority in this section, may appeal the order, action, or fine by filing a written notice of appeal with the environmental officer. (The environmental officer may provide forms for this purpose.) Such notice of appeal shall be filed within 15 days of notice of the order, action, or fine.
(Ordinance 96-02-01, sec. A, sec. 18, adopted 2/6/96)
(a) 
An environmental appeals committee is hereby established, and authorized to hear and decide appeals from any decision, fine, or order issued or any other enforcement action taken by the environmental officer pursuant to this article. The committee shall be composed of the city manager, or assistant city manager, the mayor, and the city attorney, or any of their designated representatives.
(b) 
The committee may call and hold hearings, administer oaths, receive evidence at the hearing, issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to the hearing, and make findings of fact and decisions with respect to administering its powers herein.
(c) 
Upon the hearing of an appeal from an order issued, enforcement action taken, or fine imposed by the environmental officer, the committee shall determine if there is a preponderance of evidence to support the environmental officer's determination, fine, action, and/or order. The decision of the committee shall be in writing and contain findings of fact. If the committee determines that there is a preponderance of evidence to support the determination, fine, action, and/or order of the environmental officer, the committee shall, in addition to its decision, issue an order:
(1) 
Requiring discontinuance of the violation or condition;
(2) 
Requiring compliance with any requirement to correct or prevent any condition or violation;
(3) 
Suspending or revoking any permit issued under this article; and/or
(4) 
Imposing the proper fine.
In any decision issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail.
(d) 
Upon the hearing of an appeal from a permit issuance, modification, or denial by the environmental officer, the committee shall determine if there is a preponderance of evidence to support the environmental officer's permitting decision. The decision of the committee shall be in writing. If the committee determines that there is a preponderance of evidence to support the permitting decision of the environmental officer, the committee shall affirm his decision. If the committee determines that there is not a preponderance of evidence to support the permitting decision of the environmental officer, the committee shall remand the permit, or permit application, back to the environmental officer for reconsideration. A copy of the decision of the committee upon the permitting appeal shall be delivered to the appellant in person or sent to him by registered or certified mail. An environmental appeals committee decision not to reconsider a final permit, or denial of a permit, shall be considered final administrative action for purposes of judicial review.
(Ordinance 96-02-01, sec. A, sec. 19, adopted 2/6/96)
(a) 
The wastewater discharged or deposited into the POTW shall be subject to periodic inspection and sampling as often as may be deemed necessary by the environmental officer. Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the POTW and determining the existence of hazards to health, life, limb, and property.
(b) 
The examination and analysis of the characteristics of waters and wastes shall be:
(1) 
Performed in accordance with procedures established by the EPA pursuant to section 304(h) of the Act and contained in 40 CFR 136 and amendments thereto or with any other test procedures approved by the EPA. Sampling shall be performed in accordance with the techniques approved by the EPA. Where 40 CFR 136 does not include sampling or analytical techniques for the pollutants in question, or where the EPA determines that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the environmental officer or other parties, approved by the EPA.
(2) 
Determined from suitable samples taken at the control manhole provided or other control points authorized by the environmental officer provided at the expense of the industry.
(c) 
The city may select an independent firm or laboratory to perform sampling and laboratory analyses.
(d) 
The determination of the character and concentration of industrial wastewater shall be made by the environmental officer at such times and on such schedules as he may establish.
(e) 
The environmental officer may require any industrial user to compensate the city for the costs of sampling, analyses of the discharges, and any additional administrative fees provided in section 94-39.
(Ordinance 96-02-01, sec. A, sec. 20, adopted 2/6/96)
(a) 
Each significant industrial user for which the city has reporting requirements under its National Pollutant Discharge Elimination System (NPDES) permit (for the POTW) shall, if the environmental officer so demands, compensate the city for the cost of sampling, laboratory analyses and administration required to monitor wastewater discharges. The environmental officer shall determine the number of samples and frequency of sampling necessary to maintain surveillance of discharges.
(b) 
Each industrial user for which the city takes samples and/or runs laboratory analyses to monitor wastewater discharges shall compensate the city, if the environmental officer so demands, for the cost of such sampling and laboratory analyses.
(c) 
The city may adopt other reasonable fees for reimbursement of its costs of setting up and operating the city's pretreatment program which may include:
(1) 
Fees for industrial wastewater discharge permit applications, including the cost of processing such applications;
(2) 
Other fees to recoup costs of monitoring, inspection, and surveillance procedures;
(3) 
Fees to recoup the costs of responding to discharges by users in violation of this article and/or to recoup monetary fines and/or penalties imposed on the city for violations of its NPDES Permit for the POTW attributable to pass through or interference caused by an industrial user;
(4) 
Fees for reviewing and responding to accidental discharge procedures and construction;
(5) 
Fees for reviewing appeals; and
(6) 
Other fees as the city may deem necessary to carry out the requirements of this article. These fees relate solely to the matters covered by this article and are separate from all other fees, fines, and penalties chargeable by the city.
(d) 
All fees required under this article shall be invoiced, upon the environmental officer's request, to the contributing industry or commercial firm by the city and shall be payable as indicated on the invoice.
(Ordinance 96-02-01, sec. A, sec. 21, adopted 2/6/96)
(a) 
A surcharge may be applied in addition to the monthly sewer service charge for the discharge of wastewater with concentrations of either BOD or total suspended solids concentrations exceeding that of "Normal Domestic Sewage," to cover the additional costs of treating such wastewater. Such a charge is collected by the city.
(b) 
The surcharge shall be calculated as follows:
C = [B (Bu-250) + S (Su-250)] × F × V
Where:
C = surcharge to the user in dollars
B = unit cost factor for treating one unit of BOD (per 1,000 gallons)
Bu = the tested BOD of the discharge
S = unit cost factor for treating one unit of total suspended solids (per 1,000 gallons)
Su = the tested total suspended solids of the discharge
F = a factor of 8.34 to convert mg/l to pounds/gallon
V = monthly billing volume (discharge) in thousand gallons
250 = average domestic BOD and total suspended solids (250 mg/l)
(c) 
If the concentration of BOD or total suspended solids in the discharge is less than the normal strength for that category above specified, there shall be no surcharge for that category, nor shall there be credit given to the total surcharge if the concentration of either BOD or total suspended solids is less than the normal concentration.
(d) 
All BOD and total suspended solids values used in determining the surcharge shall be re-evaluated and adjusted to reflect any changes in wastewater characteristics as sampling results indicate necessary.
(Ordinance 96-02-01, sec. A, sec. 22, adopted 2/6/96)
(a) 
The enforcement officer, as well as other authorized representatives of the city, the U.S. Environmental Protection Agency, the Texas Water Commission, and the Texas Department of Health, or any successor agency bearing proper credentials and identification, shall be permitted to enter the premises of any user at any reasonable time for the purpose of inspection, observation, measurement, sampling, examination and copying of records, sampling and testing of any wastewater discharged into the POTW, as well as of any wastewater prior to treatment or discharge, and inspection of any pretreatment facilities.
(b) 
The environmental officer shall carry out all inspection and monitoring procedures necessary to determine compliance with applicable pretreatment standards and requirements.
(c) 
Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection.
(d) 
Any denial of access or unreasonable delay in allowing the environmental officer access to a user's premises shall be a violation of this article.
(e) 
If the environmental officer has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this article or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the environmental officer may seek issuance of a search warrant from any court of competent jurisdiction.
(Ordinance 96-02-01, sec. A, sec. 23, adopted 2/6/96)
(a) 
When necessary to monitor wastewater discharged into the POTW, the environmental officer may require an industrial user to install a suitable control manhole in order to adequately sample and measure such wastewater. Installation of meters, equipment and accessories as deemed necessary by the environmental officer may also be required.
(b) 
Required control manholes shall be located to provide ample room in or near the facility to allow accurate sampling and preparation of samples for analyses. The manhole and any required installed equipment shall be maintained by the user at all times in safe and proper operating condition.
(c) 
Before beginning construction of a control manhole, the user shall submit plans to the environmental officer for review and approval to insure compliance with this section. Plans must include any meters or other equipment required to be installed.
(Ordinance 96-02-01, sec. A, sec. 24, adopted 2/6/96)
(a) 
Industrial users shall provide necessary wastewater treatment as required to comply with all pretreatment standards and requirements. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. The environmental officer may require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements.
(b) 
Before beginning construction of pretreatment facilities, the user shall submit detailed plans and operating procedures for the facility to the environmental officer for review and approval. The review and approval of such plans and procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the environmental officer and city under the provisions of this article.
(c) 
All industrial users shall promptly notify the environmental officer in advance of any substantial change in the volume or character of pollutants in their discharge.
(d) 
All records relating to compliance with pretreatment standards and requirements shall be made available to the environmental officer and to other authorized officials of the city, state, or environmental protection agency upon request.
(e) 
The determination of the character and concentration of industrial wastewater shall be made by the environmental officer at such times and on such schedules as he may establish.
(Ordinance 96-02-01, sec. A, sec. 25, adopted 2/6/96)
(a) 
The city shall publish annually a list of industrial users in significant noncompliance with applicable pretreatment standards or other pretreatment requirements during the previous 12 months. The notification shall also summarize any enforcement actions taken against the users during the same period. Said list shall be published in the largest daily newspaper published in the city.
(b) 
For purpose of this section, an industrial user is in significant noncompliance if its violation meets one or more of the criteria defined under 40 CFR 403.8(f)(2)(vii).
(Ordinance 96-02-01, sec. A, sec. 26, adopted 2/6/96)
(a) 
Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of subsections (b) and (c).
(b) 
Notice.
(1) 
If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to the environmental officer, if possible at least ten days before the date of the bypass.
(2) 
An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the environmental officer within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The environmental officer may waive the written report on a case-by-case basis if the oral report has been received within 24 hours.
(c) 
Prohibition of bypass.
(1) 
Bypass is prohibited, and the environmental officer may take enforcement action against an industrial user for a bypass, unless:
a. 
Bypass was unavoidable to prevent loss of life, personal injury or sever property damage;
b. 
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down time. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and
c. 
The industrial user submitted notices as required under subsection (b) of this section.
(2) 
The environmental officer may approve an anticipated bypass, after considering its adverse effects, if the environmental officer determines that it will meet the three conditions in subsection (c)(1) of this section.
(Ordinance 96-02-01, sec. A, sec. 27, adopted 2/6/96)
Each industrial user shall provide protection from slug discharges, as defined in section 94-19. The environmental officer may require the industrial user to develop and implement a slug control plan. The plan shall contain, at a minimum, the following elements:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the environmental officer of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5, with procedures for follow-up written notification within five days;
(4) 
If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operation, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
(Ordinance 96-02-01, sec. A, sec. 28, adopted 2/6/96)
All categorical and noncategorical industrial users shall notify the environmental officer immediately of all discharges that could cause problems to the POTW, including any slug loadings, by the industrial user.
(Ordinance 96-02-01, sec. A, sec. 29, adopted 2/6/96)
(a) 
Effect of an upset.
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (b) are met.
(b) 
Conditions necessary for a demonstration of upset.
An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operation logs, or other relevant evidence that:
(1) 
An upset occurred and the industrial user can identify the cause of the upset;
(2) 
The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) 
The industrial user has submitted the following information to the environmental officer within 24 hours of becoming aware of the upset (if this information is provided orally a written submission must be provided within five days):
a. 
A description of the indirect discharge and the cause of noncompliance;
b. 
The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
c. 
Steps being taken and/or plans to reduce, eliminate and prevent recurrence of the noncompliance.
(c) 
Burden of proof.
In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(d) 
Reviewability of agency consideration of claims upset.
In the exercise of prosecutorial discretion, the environmental officer will review any claims that noncompliance was caused by an upset. No determinations made in the course of his review shall constitute final action subject to judicial review. Industrial users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(e) 
User responsibility in case of upset.
The industrial user shall control production or all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(Ordinance 96-02-01, sec. A, sec. 30, adopted 2/6/96)
(a) 
Industrial users shall notify the environmental officer, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: An identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 CFR 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 CFR 403.12(b), (d) and (e).
(b) 
Dischargers are exempt from the requirements of subsection (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes are specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional information.
(c) 
In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the environmental officer, the EPA Regional Waste Management Division Director and the state hazardous waste authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(d) 
In the case of any notification made under this section, the industrial user shall certify that is has a program in place to reduce the volume and toxicity of hazardous wastes generated to the extent determined to be economically practical.
(Ordinance 96-02-01, sec. A, sec. 31, adopted 2/6/96)
(a) 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the environmental officer that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(b) 
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this article, the National Pollutant Discharge Elimination System (NPDES) Permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceeding involving the person furnishing the report. Effluent data as defined in 40 CFR 2.302 will not be considered confidential.
(Ordinance 96-02-01, sec. A, sec. 32, adopted 2/6/96)
No person other than a regular employee or officer of the city charged with such duties, shall do or aid in doing any of the following acts:
(1) 
Opening, closing, lifting or removing the cover of any sanitary sewer manhole or clean-out plug of the city sanitary sewers;
(2) 
Interfering with, destroying, impairing, injuring or defacing any property which is a part of or essential to the proper functioning of the POTW;
(3) 
Covering or concealing from view any sanitary sewer manhole;
(4) 
Tapping and/or otherwise connecting into an existing sanitary sewer which is a part of the POTW.
(Ordinance 96-02-01, sec. A, sec. 33, adopted 2/6/96)
(a) 
Civil remedies.
(1) 
Whenever it appears that a user has violated, or continues to violate, any provision of this article that relates to the discharge of a pollutant into the POTW, the city may petition the state district court or the county court at law, through the city attorney, for either the injunctive relief specified in subsection (a)(2) or the civil penalties specified in subsection (a)(3) below, or both the specified injunctive relief and civil penalties.
(2) 
The city may obtain against the violating user a temporary or permanent injunction, as appropriate, that:
a. 
Prohibits any conduct that violates any provision of this article that relates to the discharge of a pollutant into the POTW; or
b. 
Compels the specific performance of any action that is necessary for compliance with any provision of this article that relates to the discharge of a pollutant into the POTW.
(3) 
The city may recover a civil penalty of not more than $5,000.00 per day for each violation of any provision of this article that relates to the discharge of a pollutant into the POTW, if the city proves that:
a. 
The defendant was actually notified of the ordinance provision; and
b. 
After the defendant received notice of the ordinance provision, the defendant committed an act or acts in violation of the ordinance provision or failed to take action necessary for compliance with the ordinance provision.
(b) 
Criminal penalties.
(1) 
Any person who has violated any provision of this article, an industrial wastewater discharge permit, or any order issued hereunder, or any other pretreatment standard or requirement shall be strictly liable for such violation and shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day.
(2) 
Any person who has knowingly made any false statement, representation, or certification in any application, record, report, plan, or other documentation filed, or, required to be maintained, pursuant to this article, an industrial wastewater discharge permit, or any order issued hereunder, or who has falsified, tampered with, or knowingly rendered inaccurate any monitoring device or method required under this article shall, upon conviction, be subject to a fine of not more than $2,000.00 per violation, per day.
(3) 
In determining the amount of any fine imposed hereunder, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, the knowledge, intent, negligence, or other state of mind of the violator, and any other factor as justice requires.
(c) 
Civil suit under the Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of V.T.C.A., Water Code sec. 26.121, or any rule, permit, or order of the Texas Natural Resources Conservation Commission, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as the Texas Natural Resources Conservation Commission, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties or both authorized in V.T.C.A., Water Code sec. 26.123(a), against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to V.T.C.A., Water Code sec. 26.124. In any suit brought by the city under this subsection, the Texas Natural Resources Conservation Commission is a necessary and indispensable party.
(d) 
Remedies nonexclusive.
The remedies provided for in this article are not exclusive of any other remedies that the city may have under state or federal law or other city ordinances. The city may take any, all, or any combination of these actions against a violator. The city is empowered to take more than one enforcement action against any violator. These actions may be taken concurrently.
(Ordinance 96-02-01, sec. A, sec. 34, adopted 2/6/96)
(a) 
The environmental officer may decline to issue or reissue an industrial wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the environmental officer to be necessary to achieve consistent compliance.
(b) 
Whenever a user has violated or continues to violate any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(c) 
A violation of any provision of this article, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the environmental officer. Any person creating a public nuisance shall be subject to the provisions of this Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
(d) 
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his office or employment.
(e) 
Any user that, in violating any pretreatment standard or requirement, including any provision of this article, causes pass through or interference, or otherwise causes the city to violate the terms of the city's NPDES permit for the POTW, and as a consequence to incur any civil or criminal penalty, shall be liable to the city for the amount of any such civil or criminal penalty, as well as any costs of compliance with any order issued by EPA, the Texas Water Commission, or any state or federal court and, additionally, any costs and/or attorneys' fees incurred by the city in defense or compliance with such judicial or administrative action.
(f) 
Any user that violates any pretreatment standard or requirement, including any provision of this article, shall be liable to the city for any expense, loss, cleanup cost, damages, and/or waste disposal cost incurred by the city because of such violations. Additionally, an administrative fee of up to one-half of assessed clean-up costs may be levied by the city against the responsible violator.
(Ordinance 96-02-01, sec. A, sec. 35, adopted 2/6/96)
Unless a provision of this article explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meaning hereinafter designated.
Approved.
Accepted as satisfactory under terms of this article and is given formal and official approval by the approving authority.
Approving authority.
City of Frisco or its duly authorized deputy, agent or representative.
Carwash.
Establishments primarily engaged in cleaning, washing, and/or waxing automotive vehicles, such as passenger cars, trucks, vans, and trailers and are categorized by the North American Industry Classification System number 811192 and by Standard Industrial Classification number 7542.
Director.
Director of the City of Frisco Public Works or his or her duly authorized representative.
Disposal.
To discharge, deposit, inject, dump, spill, leak or place any solid, semi-solid or liquid waste such as grease trap waste, grit trap waste, septage or waste oils into or on any land or water so that such waste or any constituent of such waste may enter the environment or be emitted into the air or discharged into any watercourse or groundwaters.
Disposal facility.
An approved/permitted facility at which waste from grease traps, grit traps, septage or waste oil is processed, treated and/or intentionally placed into or onto receiving land and at which said waste will remain after closure.
Disposer.
A person who receives, stores, retains, processes, or disposes of waste.
Fats, oils, and greases (FOG).
Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures, all are sometimes referred to herein as "grease" or "greases."
Generator.
A person who causes, creates, generates or otherwise produces liquid waste.
Grease trap.
Shall include grease traps or grease interceptors. A device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system.
Grease trap waste.
Any greasy, fatty liquid, semi-liquid and/or solid waste removed from grease trap.
Grit/sand trap.
Shall include grit/sand traps and grit/sand interceptors and oil/water separators. A watertight receptacle designed and constructed to intercept and prevent the passage of petroleum-based oils, grease waste and solids into the sanitary sewer system to which the receptacle is connected either directly or indirectly.
Grit/sand trap waste.
Any petroleum-based oils, grease, and/or solids removed from a grit/sand trap.
Hazardous waste.
Any liquid, semi-liquid, solid waste or combination of waste, which because of its quantity, concentration, physical, chemical or infectious characteristics may:
(1) 
Have any of the following characteristics: toxic, corrosive, reactive, flammable or combustible, explosive;
(2) 
Otherwise capable of causing personal injury or illness; or
(3) 
Pose a hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act.
Liquid waste.
Waterborne or petroleum-based solids, liquids and gaseous substances derived from sources such as a grease trap, grit trap, waste oil recovery trap, chemical/portable toilet, septic tank, and/or washwater operations and is described as grease trap waste, grit trap waste, washwater or other liquid waste.
Manager.
A person conducting, supervising, managing or representing the activities of a generator, transporter or disposer.
Manifest system.
A system of documents or trip tickets used to track generation, transportation and disposal of waste products.
Operator.
A person that generates and/or stores liquid waste.
Other liquid waste.
Nonhazardous liquid, liquid-borne solids, gaseous substances and other residue and debris resulting from any municipal or industrial wastewater, process water, contaminated stormwater, contaminated groundwater, liquid chemical waste, slurry and/or sludge, which is not permitted to be discharged to the storm sewer and may require pretreatment before discharge to a sanitary sewer.
Owner.
Any person who owns a facility or any portion of a facility.
Permit.
A formal written document issued to a person by the approving authority authorizing generation, transportation, and collection of wastes from grease traps, grit traps, waste oil traps and septage.
Permittee.
A person or persons granted a permit under this article.
Person.
Any individual, partnership, co-partnership, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents or assigns.
Public nuisance.
The discharge or exposure of grease, sewage, or other organic waste in such a way as to be a potential instrument or medium in disease transmission to a person or between persons.
Sanitary sewer.
A public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface waters, groundwaters and other unpolluted waters are not intentionally passed.
Septage.
Wastes removed from a portable toilet, chemical toilet or septic tank.
Special wastes.
Any liquid, semi-liquid, solid or combination thereof that because of its quantity, concentration, physical or chemical characteristics or biological properties requires special handling or disposal to protect human health or the environment.
Spill.
The accidental or intentional loss or unauthorized discharge of grease trap waste, grit/sand trap waste, septage, waste oil, or raw material.
TCEQ.
Texas Commission on Environmental Quality and its predecessor and successor agencies.
Transporter.
A person who operates a vehicle for the purpose of transporting liquid waste.
Trip ticket.
A document used to designate a chain of custody and other information required by the approving authority.
User.
Any person who contributes, causes, or permits the contribution of wastewater into the City of Frisco.
Vehicle.
An approved mobile device in which liquid waste may be transported upon a public street or highway.
Washwater.
The waterborne solids, liquids, gaseous substances or other residue and debris resulting from a washing or cleaning process.
Washwater operation.
Any cleaning process generally conducted outdoors, such as washing vehicles, equipment, structures, or paved surfaces for maintenance, safety, aesthetic or stormwater pollution prevention purposes, and which generates washwater. Examples would include cleaning of petroleum products from parking lots or service station drives, mobile washing operations or equipment/vehicle washing, which does not drain to a grit/sand trap.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
New facilities, food processing, or food service facilities which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to design, install, operate, and maintain a grease trap/interceptor in accordance with the city plumbing codes, and other applicable ordinances. Grease traps/interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.
(b) 
New and existing auto shops and carwashes with floor drains must install a grit/sand trap. This provides consistency with the currently adopted plumbing code and is protective of the sanitary sewer.
(c) 
No user may allow the direct or indirect discharge of any petroleum oil, nonbiodegradable cutting oil, mineral oil, or any fats, oils, or greases of animal or vegetable origin into the city's sanitary sewer system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.
(d) 
Existing facilities, existing grease/grit traps, must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with the city's model standards and grease/grit trap ordinance.
(e) 
Grease traps and grit/sand traps must be installed pursuant to a single certificate of occupancy unless the director grants a variance, in accordance with existing requirements. Grease and grit/sand traps must have a permit while the business is in operation. Permits must be renewed annually. A food establishment is no longer exempt from obtaining a permit by holding a food establishment permit.
(f) 
An existing regulated facility shall install a new trap if the current one is not working properly or is inadequately sized at the discretion of the director or designee.
(g) 
A commercial user of the sanitary sewer system shall install grease traps and grit/sand traps if deemed necessary under the provisions of this article or other law.
(h) 
All grease/grit trap waste shall be properly disposed of at a facility in accordance with federal, state, and local regulations.
(i) 
Spills of liquid waste must be reported to the Texas Department of State Health Services, TCEQ, and the City of Frisco and must be cleaned immediately.
(j) 
Grease trap/interceptors shall be maintained in an efficient operating condition at all times. Grease trap/interceptors shall be cleaned as often as necessary to ensure the sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge follows local discharge limits; and to ensure no visible grease is observed in the discharge.
(k) 
Grease trap/interceptors shall be serviced within ninety (90) days of the food establishment opening, undergoing extensive renovation, or change in ownership, and subsequently at an interval necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease trap/interceptor; to ensure the discharge of grease into public sewer does not exceed local discharge limits not to exceed 100 mg/L; to ensure no visible grease is observed in discharge; and not to exceed 90 operational days between servicing.
(l) 
Each grease trap/interceptor shall be fully evacuated unless the trap volume is greater than the tank capacity on the vacuum truck in which the transporter shall arrange for additional transportation capacity so that the trap is fully evacuated within a 24-hour period.
(m) 
Grease trap/interceptors subject to these standards shall be completely evacuated a minimum of every 90 days; or more frequently when:
(1) 
Twenty-five (25) percent or more of the wetted height of the grease trap/interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, or greases;
(2) 
The discharge exceeds BOD, COD, TSS, FOG, pH, or pollutant levels established by the city; or
(3) 
If there is a history of noncompliance.
(n) 
Grit/sand traps must be evacuated at either:
(1) 
Every 180 days or at a frequency determined by the owner/operator if all the following are employed:
(A) 
Weekly check and perform preventive maintenance as required on all connections, valves, hoses, chemical storage containers, drains, and other equipment necessary to prevent an accidental release or slug discharge of chemicals.
(B) 
Monthly check the level of sediment in each grit/sand trap in order to determine a maintenance schedule that will facilitate consistent compliance with all pretreatment standards and requirements.
(C) 
All self-service and coin-operated carwash facilities must post and maintain signs, in an area that is clearly visible to the public, directing customers not to dispose of oils or chemical wastes at the facility.
(D) 
All facilities must document the best management practices, including routine checks, preventive maintenance and repair logs, and maintain grit/sand trap maintenance records for a minimum of three (3) years.
(2) 
If at any time, the above practices are not being employed or the required documentation is not available for review, the owner/operator will be required to evacuate and clean the grit/sand trap(s) immediately and once every 180 days thereafter.
(o) 
If the establishment ceases operation, the establishment is required to pump the trap before abandoning the property. If the owner of the business fails to empty the trap, it shall become the responsibility of the property owner.
(p) 
The city shall be given access, without reasonable delay, for inspection and the ability to review copies of records to ensure compliance with the article. The owner/operator shall provide the most current waste transporter manifest ticket. Waste transporter manifest tickets must be maintained for three (3) years.
(q) 
All completed trip ticket forms must be submitted to the city within fifteen (15) days of disposal. This allows the city to be more responsive to generators that have not pumped at the required interval, and potentially prevent problems in the sanitary sewer system.
(r) 
The development of an electronic manifest system to replace the existing paper system is permissible under this article.
(Ordinance 2024-01-01 adopted 1/16/2024)
Any person who owns or operates a grease trap/interceptor may submit to the city a request in writing for an exception to the 90-day pumping frequency of their grease trap/interceptor. The city may grant an extension for required cleaning frequency on a case-by-case basis when:
(1) 
The grease trap/interceptor owner/operator has demonstrated the specific trap/interceptor will produce effluent, based on defensible analytical test results, in consistent compliance with established local discharge limits such as BOD, COD, TSS, FOG, pH, or other parameters as determined by the city. All testing designed to satisfy the criteria set forth shall be scientifically sound and statistically valid. All tests determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency and the Texas Commission on Environmental Quality and which are defined in title 40, Code of Federal Regulations, part 136 or title 30, Texas [Administrative Code, section 319.11].
(2) 
Less than 25 percent of the wetted height of grease trap/interceptor, as measured from the bottom of the device to the invert of the outer pipe, contains floating materials, sediment, oils or greases.
(3) 
All grease trap/interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
A person commits an offense if he operates or causes to be operated a vehicle for the purpose of transporting liquid waste without an applicable permit. A permit shall be issued for transportation of the liquid waste and regulatory authority shall designate on the permit the liquid waste authorized for transportation in the vehicle. A separate vehicle permit number is issued for each vehicle operated.
(b) 
A person commits an offense if he operates or causes to be operated a facility required to operate and maintain a grease trap/interceptor without an applicable permit.
(c) 
A person commits an offense if he operates or causes to be operated a facility required to operate and maintain a grit/sand trap without an applicable permit.
(d) 
A person who desires to obtain a permit shall make application on a form provided by the regulatory authority.
(e) 
A permit is not transferable.
(f) 
A permit issued by the city excludes the hauling of materials that are hazardous in nature.
(g) 
Each applicant shall specify the disposal site or sites to be used for the authorized disposal of liquid wastes. The regulatory authority shall be immediately notified of additional disposal sites used during the permit period.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
The regulatory authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee for each vehicle or facility operated by the person. Each permit shall be renewed annually.
(b) 
The permit holder shall keep the permit receipt, or a copy, in the vehicle or facility at all times.
(c) 
Permits fees shall be established and advertised in accordance with the public works fee schedule.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
Before accepting a load of liquid waste for transportation, a liquid waste transporter shall determine the nature of the material to be transported and that his equipment is sufficient to properly handle the job without spillage, leaks, or release of toxic or harmful gases, fumes, liquids, or other substances. Upon delivery of the waste to the disposer, the transporter shall inform the disposer of the nature of the waste.
(b) 
A permittee shall not transport materials that are hazardous in vehicles permitted by the city for transporting liquid waste.
(c) 
A permittee shall use a disposal site permitted and approved by the city, or the state, or the federal government.
(d) 
A manifest system, consisting of a five-part trip ticket is used to document the generation, transportation and disposal of all applicable liquid waste generated in the city and shall be used as follows:
(1) 
A transporter will complete one trip ticket for each location serviced, with the exception of chemical toilet companies servicing their own units. Such companies shall submit to the regulatory authority quarterly reports stating the amount of liquid waste generated within the city and listing the disposal site or sites;
(2) 
One (1) part of the trip ticket shall have the generator and transporter information completed and shall be given to the generator at the time of waste collection;
(3) 
The remaining four (4) parts of the trip ticket shall have all required information completely filled out and signed by the appropriate party before distribution of the trip ticket;
(4) 
One (1) part of the trip ticket shall go to the receiving facility;
(5) 
One (1) part of the trip ticket shall go to the transporter, who shall retain a copy of all trip tickets showing the collection and disposition of the waste;
(6) 
One (1) part of the trip tickets shall be returned by the transporter to the person who generated the waste within fifteen (15) days after the waste is received at the disposal or processing facility;
(7) 
One (1) part of the trip ticket shall go to the city public works department and shall be provided within fifteen (15) days of the disposal;
(8) 
A copy of all trip tickets shall be maintained for a period of three (3) years and shall be made available for inspection by the regulatory authority.
(e) 
A transporter or any person cleaning or servicing a grease trap or grit trap shall remove the entire contents of the collection device. Skimming the surface layer of waste material, partial cleaning of the trap or use of any method which does not remove the entire contents of the collection device is prohibited.
(f) 
Any person wishing to make use of a mobile treatment process or of an on-site process to clean or service grease traps or grit traps shall demonstrate the process to the satisfaction of the regulatory authority. Included with the demonstration shall be a written explanation of the treatment process. Any costs to the city associated with the demonstration such as, but not limited to, sampling and analysis shall be recovered.
(g) 
A transporter shall allow the director and his or her designee's to inspect vehicles registered under a permit upon their request.
(Ordinance 2024-01-01 adopted 1/16/2024)
A person commits an offense if he allows liquid waste that emits noxious or offensive odors or is unsanitary or injurious to public health to accumulate upon property under his control.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
A person commits an offense if he unloads or offers for sale or exchange liquid waste, except at a place permitted by the city or the state, or the federal government.
(b) 
A person commits an offense if he deposits or discharges liquid waste at any site not approved for the disposal of such material.
(Ordinance 2024-01-01 adopted 1/16/2024)
(a) 
A generator of liquid waste shall have all liquid waste material picked up from his premises by a liquid waste transporter who holds a valid permit from the city and the liquid waste shall be transported to an approved site for disposal.
(b) 
A generator of liquid wastes shall not have hazardous materials or liquid waste in combination with hazardous materials removed from his premises by a liquid waste hauler operating under a city permit.
(c) 
A generator shall sign the trip ticket from the transporter when a load is picked up by the transporter and shall keep a copy of all trip tickets for a period of three (3) years. The regulatory authority may inspect these records during normal business hours.
(d) 
A generator shall:
(1) 
Install or provide collection device of size and type specified by regulatory authority. If the director determines that a collection device is insufficient in size or design, he or she may require the generator to upgrade their collection device;
(2) 
Supervise the servicing of the generator's liquid waste facilities, and shall ensure that they are completely emptied by the transporter during such servicing;
(3) 
Maintain collection device in continuous, proper operation;
(4) 
Report spills and accidents involving collection device to regulatory authority immediately or through emergency dispatch after business hours;
(5) 
Clean up all spills and accidents immediately and have material disposed of by permitted transporter by proper means.
(Ordinance 2024-01-01 adopted 1/16/2024)