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.
Approved metering device.
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
(B)
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.
(2)
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
(3)
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.
(4)
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.
Biochemical oxygen demand (BOD).
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.
Categorical pretreatment standard or categorical standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the act (33 USC
section 1317) which apply to a specific category of users and which
appear in 40 CFR chapter I, subchapter N, parts 405–471.
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.
City.
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;
(B)
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.
Garbage.
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.
Holding tank waste.
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).
Industrial.
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).
Manifest.
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.
Monthly average.
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;
(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 general type of activity
as the existing source, should 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 subsection
(1)(B) or
(C) above, but otherwise alters, replaces, or adds to existing process or production equipment.
(3)
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
(ii)
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
(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 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.
Pretreatment requirements.
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.
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.
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
(2)
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);
(B)
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
(C)
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.
(3)
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);
(2)
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);
(3)
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);
(4)
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.
(5)
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.
Unpolluted water.
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.