Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:
Act.The Clean Water Act (33 USC
1251 et seq.), as amended.
A metering device approved by the director of water utilities and/or his duly authorized representatives.
Authorized representative of industrial user.An authorized representative of an industrial user may be:
(1) If the user is a corporation:
(A) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs a similar policy- or decision-making functions for the corporation; or
The manager of one or more manufacturing, production, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($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.
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
If the user is a federal, state, or local government facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
The individuals described in subsections
(1) through
(3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City of Lubbock.
Best management practices (BMPs).Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section
22.04.083 and/or 40 CFR
403.5(a)(1) and
(b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, as specified in “standard methods” in five (5) days at twenty (20) degrees centigrade expressed as milligrams per liter.
Building sewer.The extension from the building drain to the public sewer or other place of disposal.
Bypass.The diversion of wastestreams or wastewaters from any portion of a user’s wastewater treatment equipment or pretreatment facility.
Cesspool.A covered pit into which raw sewage is discharged for final disposal by leaching into the surrounding porous soil.
Chemical oxygen demand (COD).The amount of a specified oxidant that reacts with the subject sample under controlled conditions as described in the latest edition of “Standard Methods for the Examination of Water and Wastewater,” according to the Texas Administrative Code, title
30 Environmental Quality, 319.11, Sampling and Laboratory Testing Methods.
The City of Lubbock, a home rule municipal corporation of Lubbock County, Texas.
Commercial.Establishments which primarily discharge domestic wastes, but are not limited to such wastes.
Composite sample.A sample that is collected over time and formed either by continuous sampling or by mixing of discrete measured portions. Composites formed by mixing discrete sampling measured portions may be collected on a flow- or time-proportional basis.
(1) Flow-proportional composite.(A) Composed of sampling measured proportions collected at consistent time intervals and proportioned in volume according to waste flow;
Composed of sampling measured proportions of consistent volume that are collected at time intervals proportioned according to waste flow.
(2) Time-proportional composite.Composed of discrete measured proportions of consistent volume collected at consistent time intervals irrespective of waste flow.
Control authority.The City of Lubbock publicly owned treatment works (POTW) with an approved pretreatment program.
Cooling water.The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
Daily discharge.The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
Daily maximum.The arithmetic average of all effluent samples for a pollutant collected during a calendar day.
Daily maximum limit.The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
Direct discharge.The discharge of treated or untreated wastewater directly to the waters of the State of Texas.
Director of water utilities.The person designated by the city to supervise the operation of the publicly owned wastewater collection and treatment works and who is charged with certain duties and responsibilities by this article, or his duly authorized representatives.
Domestic wastewater.The wastewater normally discharging into the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free of stormwater, free of extraneous nonpolluted water, and free of industrial waste.
Drain.A pipe or channel by which liquid is drained off.
Environmental protection agency or EPA.The United States Environmental Protection Agency or, where appropriate, the term may also be used as a designation for other duly authorized officials of said agency.
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 established in 40 CFR, part
136, as may be amended from time to time.
Solid wastes and residue from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-quarter inch in any dimension.
Generator.Any entity or person whose act or process produces waste that is discharged into the POTW.
Grab sample.A sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
Grease.Any material recovered as a substance soluble in trichlorotrifluoroethane including biological and mineral hydrocarbons, such as, but not limited to, thick oils, viscous lubricants, fats, etc. “Grease” or “greases” does not include “fats, oils and greases,” as defined in this section.
Grease trap waste.Material collected in and from a grease trap/interceptor in the sanitary sewer service line of a commercial or industrial user, including the solids resulting from de-watering processes.
Grit/sand trap waste.Material collected in and from a grit/sand trap in the sanitary sewer service line of a commercial or industrial user.
Health official.City health officer, public health administrator, or the duly designated representative of the city or state health department.
History based consumption (HBC).The average water volume used by a single-family residential customer, or other customer not required to meter pursuant to section
22.04.042 of the Code of Ordinances of the city, said volume to be calculated by the non-irrigation meter readings for the months of November, December, January, and February of the previous twelve-month period.
Any waste from holding tanks; receptacles in boats, chemical toilets, campers, trailers, etc.; and/or any wastes from septic tanks, and vacuum-pump tank trucks.
Indirect discharge.The discharge or the introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of the act (33 USC
1317) into the POTW (including holding tank waste discharged into the system).
Establishments that produce industrial waste.
Industrial user.Any industry that discharges industrial processing wastewater, including sanitary wastewater, into the City of Lubbock’s sanitary sewer system.
Industrial waste.Any waterborne solid, liquid or gaseous waste resulting from any commercial, industrial, manufacturing or food processing operation or from the development of any natural resource or any mixture of these with water or domestic sewage as distinct from normal domestic sewage.
Inspector.Any authorized agent or representative of the city.
Instantaneous limit.The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference.A discharge, which, along or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment process or operation or its sludge processes, use or disposal and, therefore, is a cause of a violation of the City of Lubbock’s NPDES permit, TNRCC permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: section 405 of the act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
Local limit.Specific discharge limits developed and enforced by the control authority upon industrial and commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR
403.5(a)(1) and
(b).
Texas Commission on Environmental Quality (TCEQ) documentation of each individual collection and deposit of waste by transporters. The form must be approved by the TCEQ.
Medical waste.Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Monitoring facilities.Appurtenance provided by user to sample process wastewater prior to the wastewater entering the POTW. The requirements of the monitoring facilities are set forth in section
22.04.173 [sic]of this article.
The sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
Monthly average limit.The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
Multifamily dwelling units.Two (2) or more dwelling units on a single lot or tract, whether in one building or more than one building or structure including a mobile home or homes located on a single lot or tract of land irrespective of the fact that water service for each unit may or may not be on one meter or all on the same meter. This definition also applies to multifamily dwelling units with a private water supplier if connected to the city’s sanitary sewer system.
Natural outlet.Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
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;
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
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 general type of activity as the existing source, should be considered.
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 subsection
(1)(B) or
(C) above, but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph has commenced if the owner or operator has:
(A) Begun, or caused to begin, as part of a continuous on-site construction program:
(i) Any placement, assembly, or installation of facilities or equipment; or
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; or
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 subsection.
Noncontact cooling water.Water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Normal domestic sewage.Sewage which, when analyzed, shows by weight a daily average of not more than two hundred fifty (250) mg/l of BOD and not more than two hundred fifty (250) mg/l of TSS, and which is otherwise acceptable into a public sewer under the terms of this article.
Official notice.Registered or certified letter (return receipt requested) from the director of water utilities or his duly authorized representatives.
On-site sewerage systems.Septic tanks, pit privies, cesspools, sewage holding tanks, injection wells used to dispose of sewage, chemical toilets, treatment tanks, and all other facilities, systems, and methods used for the disposal of sewage other than the disposal systems operated under a permit issued by the Texas Water Commission.
Owner.The person, firm or public or private corporation using a lot, parcel of land, building or premises that discharges waterborne wastes, either polluted or unpolluted, within the city limits of the City of Lubbock, who pays or is legally responsible for the payment of water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would be legally responsible for such payment if so connected.
Pass through.A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the City of Lubbock’s NPDES permit, including an increase in magnitude or duration of a violation.
Person.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. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
pH.The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Pollutant.Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, and industrial, municipal, and agricultural waste discharged into water.
Polluted water.Any water or waterborne waste that is not approved for discharge into a watercourse or stream by the appropriate governmental authority or any water that requires treatment prior to acceptance for a domestic water supply.
Pollution.The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.
Pretreatment or treatment.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 a POTW. The reduction or alteration can be obtained by physical, chemical or biological processes, or process changes by other means, except as prohibited by 40 CFR, section
403.6(d), also pretreatment or treatment includes such devices as grease, oil, or sand interceptors, and hydrocarbon removal units, but is not limited to these units.
Any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Private water supplier.Water supplied from a private source, such as a well, or any source other than the public water supply.
Process wastewater.The term process waste water means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
Public sewer.A sewer in which all owners of abutting properties have specific rights and is controlled by public authority.
Publicly owned treatment works (POTW).A treatment works as defined by section 212 of the act (33 USC
1292) which is owned in this instance by the city. This definition includes any sewers that convey wastewater to the POTW treatment plant and the designated land application site, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, “POTW” shall also include any sewers that convey wastewaters to the POTW from persons outside the city who are, by contract or agreement with the city, users of the city’s POTW.
A person with the requisite training, expertise and skill to perform work on a public wastewater system who is a licensed plumber in the State of Texas or maintains a Wastewater Collection System Operator Class III license (or its equivalent) issued by the State of Texas and who is registered with the city's engineering right-of-way department.
Residential.Dwelling units that are individually metered and produce domestic wastewater, including those with private water supply but connected to the City of Lubbock’s sanitary sewer system.
Reverse osmosis.The separation of a solvent and a solute by the application of pressure in excess of natural osmotic pressure to the solution side of the membrane forcing the solvent to the other side.
Sanitary sewer.A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage.
Sanitary sewer lateral line.A privately owned sewer pipeline that carries wastewater from a home or business to the public sanitary sewer main. Private line ownership shall be from the home to the connection at the sewer wye, tee or tapping saddle connection on the sanitary sewer main.
Sanitary sewer main.A public pipe that captures sewer flow from sanitary sewer laterals from homes or businesses. All sewer wyes, tees or tapping saddle connections are considered a part of the public sanitary sewer main.
Septage (true).Human waste excrement collected in privately owned septic tanks which does not include industrial or commercial process waste material.
Sewage.Domestic or industrial waste carried in the drains and pipes of the sanitary sewer.
Sewage backflow event.An event where, due to a problem with the sanitary sewer main, a connection to the sanitary sewer main or with the sanitary sewer lateral line, there is a severe lack of sanitary sewage/wastewater flow and sanitary sewage overflow is imminent or is discharging in a residence, on the property or in a place of business that is detrimental to public health.
Sewer.A pipe or conduit designed to collect and transport sewage.
Sewer wye, tee, or tapping saddle.The connection point of a privately owned sanitary sewer lateral line to the sanitary sewer main. This is a part of the public sanitary sewer main.
Significant industrial user.(1) A user subject to categorical pretreatment standards; or
A user that:
(A) Discharges an average of twenty-five thousand (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 (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
Is designated as such by the City of Lubbock on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
Upon finding that a user meeting the criteria in subsection
(2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR
403.8(f)(6), determine that such user should not be considered a significant industrial user.
Significant noncompliance (SNC).An industrial user is in significant noncompliance if its violation meets one or more of the criteria described in 40 CFR
403.8(f)(2)(vii)(A)–
(H), as same may be amended from time to time including:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR
403.3(l);
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR
403.3(l) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement as defined by 40 CFR
403.3(l) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public);
Any other violation or group of violations, which may include a violation of best management practices, which the POTW determines will adversely affect the operation or implementation of the local pretreatment program.
Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules
Slug discharge.A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the City of Lubbock’s regulations, local limits, or permit conditions.
Standard industrial classification (SIC).A classification pursuant to the latest edition of the standard industrial classification manual issued by the executive office of the president, office of management and budget.
Standard methods.The examination and analytical procedures set forth in the latest edition, at the time of adoption of this section, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
Storm sewer or storm drain.A sewer which carries stormwaters and surface waters and drainage but excludes sewage and polluted industrial wastes.
Stormwater.Any flow occurring during or following any form of natural precipitation and resulting therefrom.
Texas Commission on Environmental Quality (TCEQ).Formerly referred to as the Texas Natural Resource Conservation Commission (TNRCC). TCEQ is an agency of the state given responsibility for implementing the constitution and the laws of this state relating to water. In this article, the acronym “TCEQ” shall replace all references previously referred to as “TNRCC” requirements.
Texas Water Commission (TWC).The commission is the agency of the state given primary responsibility for implementing the constitution and laws of this state relating to water.
Total suspended solids (TSS) or suspended solids.The solids that either float on the surface of, or in suspension in, water, sewage or other liquids; and which are removable by laboratory filtering. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in Standard Methods.
Toxic pollutant.Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of CWA 307(a) or other acts.
Toxic waste.Any waterborne liquid, solid or gaseous substance in sufficient quantity to damage, injure or interfere with any sewage treatment process, constitute a hazard to humans, animals or plants, or create any hazard to humans, animals or plants, or create any hazard in the groundwaters.
Transporter.A person who is registered with and authorized by the TCEQ, and where applicable, the city, to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit/sand trap waste, or grease trap waste in accordance with 30 TAC, chapter 312, subchapter
G, sections 312.141–312.150, as same may be amended from time to time.
Water or waterborne waste that is free of emulsified grease or oil, acids or alkalis, phenols, or other substances that would cause taste and odor in receiving water, toxic or poisonous substances in suspension, solution or gaseous state, shall not contain more than ten (10) mg/l each of BOD and suspended solids. The color shall not exceed fifty (50) units. Any water or wastewater approved for discharge into a stream or waterway by the appropriate state authority shall be considered unpolluted water.
User.Any person who contributes, causes or permits the contribution of wastewater into the city’s POTW.
Wastewater.Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed into or permitted to enter the POTW.
Watercourse.A channel in which a flow of water occurs either continuously or intermittently.
Waters of the state.All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.