(a)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, roof runoff, subsurface drainage, or unpolluted
industrial process waters into any sanitary sewer.
(b)
Stormwater and all other unpolluted drainage shall be discharged
into such sewers as are specifically designated as storm sewers, or
into a natural outlet approved by the director of water utilities.
Unpolluted process waters may be discharged, upon approval of the
Texas Water Commission, into a storm sewer or natural outlet.
(1983 Code, sec. 28-96; Ordinance 9294, sec. 1, adopted 8/10/1989)
It shall be unlawful for any person to discharge into any natural
outlet within the city, or in any area under the jurisdiction of the
city, any sanitary sewage, industrial waste or other polluted waters,
except where suitable treatment has been provided in accordance with
subsequent provisions of this article, and a permit to discharge such
has been obtained from the Texas Water Commission.
(1983 Code, sec. 28-97; Ordinance 9294, sec. 1, adopted 8/10/1989)
(a)
A user may not introduce into a POTW any pollutant(s) which cause(s)
pass through or interference. These prohibitions apply to all such
users of a POTW whether or not the user is subject to national categorical
pretreatment standards or any other national, state, or local pretreatment
standards or requirements.
(b)
The following are specific prohibitions which a user must not contribute
to any POTW:
(1)
Any wastewater or vapor having a temperature greater than one hundred
fifty (150) degrees Fahrenheit, or which inhibits biological activity
in the treatment plant resulting in interference. Wastewater discharged
shall not cause the temperature at the introduction into the treatment
plant to exceed one hundred four (104) degrees Fahrenheit.
(2)
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquids, solid or gas.
(3)
Any garbage that has not been ground or shredded to such a degree
that all particles will be carried freely in suspension under flow
conditions normally prevailing in the public sanitary sewers, with
no particles greater than one-fourth inch in any dimension.
(4)
Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, hair and fleshings,
entrails, lime residues, slops, chemical residues, paint residues,
bulk solids or any other solid or viscous substance capable of causing
obstruction to the flow in sewers or other interference with the proper
operation of the sewage works.
(5)
Any waters or wastes having a pH lower than five point zero (5.0)
or higher than ten point zero (10.0), or having any other corrosive
property capable of causing damage or hazard to structures, equipment
or personnel of the wastewater system.
(6)
Any waters or wastes containing a toxic or poisonous substance (including
but not limited to herbicides, pesticides, fungicides, and other organic
and inorganic pollutants) which could injure or interfere with any
wastewater treatment process, constitute a hazard to humans or animals
or create any hazard in the receiving water of the POTW.
(7)
Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the wastewater treatment plant.
(8)
Any 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 safety problems or any noxious or malodorous gas or substance
capable of creating a public nuisance.
(9)
Any trucked or hauled pollutants, except at discharge points designated by the city in accordance with section 22.04.174, regulation 4, of this article.
(10)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
(11)
Any substance which may cause the POTW’s effluent or any other
product of the POTW, such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process.
In no case shall a substance discharged to the POTW cause the POTW
to be in noncompliance with sludge use or disposal criteria, guidelines
or regulation developed under section 405 of the act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or state criteria applicable to the sludge
management method being used.
(12)
Any substance which contributes to the POTW’s violation of
its TCEQ and/or other disposal system permit.
(13)
Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
(14)
Any wastewater which causes a hazard to human life or creates a public
nuisance.
(15)
Pollutants which create a fire or explosion hazard in the POTW, including,
but not limited to, wastestreams with a closed-cup flashpoint of less
than one hundred forty (140) degrees Fahrenheit (60° C) using
the test methods specified in 40 CFR 261.21.
(16)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
origin in amounts that will cause interference or pass through.
(17)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the POTW.
(18)
Any waters that introduce pollutants into the Publicly Owned Treatment
Works (POTW) that will pass through the POTW inadequately treated
into receiving waters, or otherwise be incompatible with the POTW.
(c)
When the director of water utilities determines that a user(s) is
contributing to the POTW any of the above enumerated substances in
such amounts as to interfere with the operation of the POTW, the director
of water utilities shall:
(1)
Advise the user(s) of the impact of the contribution on the POTW;
(2)
Develop effluent limitation(s) and/or BMPs (to implement 40 CFR 403.5(c)(1)-(2))
for such user to correct the interference with the POTW; and
(3)
Advise or recommend corrective action which may include plugging
of the service line or disconnection from the sanitary sewer.
(1983 Code, sec. 28-98; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9411, sec. 12, adopted 2/14/1991; Ordinance 9757, sec. 1, adopted 11/17/1994; Ordinance 9802, sec. 10, adopted 5/11/1995; Ordinance 9920, sec. 2, adopted 7/25/1996; Ordinance 2003-O0076, sec. 3, adopted 7/24/2003; Ordinance 2014-O0151, sec. 8, adopted 11/6/2014; Ordinance 2020-O0150, sec. 3,
adopted 11/2/2020)
No person shall discharge wastewater containing in excess of:
|
Substance
|
Quantity
(mg/l)
|
|---|---|
|
Arsenic
|
0.50
|
|
Barium
|
10.00
|
|
BOD5 (composite)
|
3,000.00
|
|
BOD5 (grab)
|
5,000.00
|
|
Cadmium
|
0.50
|
|
Chromium (hexavalent)
|
0.69
|
|
Chromium (total)
|
12.04
|
|
Copper
|
3.00
|
|
Cyanide
|
0.30
|
|
Lead
|
1.00
|
|
Mercury
|
0.00*
|
|
Nickel
|
4.00
|
|
Selenium
|
0.10
|
|
Silver
|
0.50
|
|
Zinc
|
4.69
|
|
* Compliance measured at the minimum analytical level (MAL).
|
(1983 Code, sec. 28-99; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 11, adopted 5/11/1995; Ordinance 9920, sec. 3, adopted 7/25/1996; Ordinance 2003-O0076, sec. 4, adopted 7/24/2003)
It shall be unlawful for any person to pour or place any oil,
grease, antifreeze, battery acid, or any other drainings from automobile,
tractor or other engine or motor, at any place so that oil, grease,
antifreeze, battery acid, or drainings will run by gravity or otherwise
into any sink, trap, grating, pipe or other plumbing connected with
the sanitary sewer or storm sewer systems of the city.
(1983 Code, sec. 28-100; Ordinance 9294, sec. 1, adopted 8/10/1989)
Wastes discharged into the sanitary sewer system from units
such as, but not limited to, reverse osmosis, boilers, and cooling
towers may be subject to analysis as TDS, TSS, and chlorides. If the
discharges are determined to cause interference with the POTW or pass
through the POTW untreated or have reasonable possibility to interfere
with or pass through the POTW untreated, the director of water utilities
may require alternate disposal or treatment of such effluent discharges.
(1983 Code, sec. 28-101; Ordinance 9294, sec. 1, adopted 8/10/1989)
All measurements, tests and analyses of the characteristics of water and wastes to which reference is made in sections 22.04.083 and 22.04.084 of this division shall be determined in accordance with the EPA-approved methods referenced in 40 CFR part 136, and shall be determined at the control manhole provided for in section 22.04.212 of this article, or upon suitable samples taken at such control manhole. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analysis must be performed in accordance with procedures approved by the EPA. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the sanitary sewer to the point at which the building sewer is connected. In the event the nearest downstream manhole is unsuitable for collection of a representative sample, the building’s sewer cleanout shall be used for sample collection.
(1983 Code, sec. 28-102; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9411, sec. 13, adopted 2/14/1991; Ordinance 9920, sec. 4, adopted 7/25/1996)
No statement contained in this division, pertaining to discharge
regulations, shall be construed as preventing an agreement between
the city and any industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the city for treatment.
The city may agree to treat abnormal wastes if all the following requirements
are met and specifically authorized by the director of water utilities
in a wastewater discharge permit:
(2)
The wastes will not cause damage to the collection system;
(3)
The wastes will not impair the treatment processes;
(4)
The waste is amenable to treatment such that, when it leaves the
treatment plant to be discharged, the waste does not exceed, or cause
the total discharge to exceed, the standards set by federal and state
agencies having jurisdiction; and
(5)
The user agrees to payment for all tests and reports necessary to
demonstrate the above requirements.
(1983 Code, sec. 28-103; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9920, sec. 5, adopted 7/25/1996)
Any industry falling within any industrial category subject
to categorical pretreatment standards promulgated pursuant to section
307(b) and (c) of the Clean Water Act of 1977 and any subsequent amendments
applying to this act shall comply with all federal regulations, pretreatment
requirements, BMPs, and/or discharge limits applicable to that particular
industrial category. These federal pretreatment regulations take precedence
over this division; provided, however, such industry shall continue
to meet specific discharge limits set forth in this division which
are not inconsistent with the categorical pretreatment standards applicable
to its industry, and shall meet more stringent local standards which
have been justified as necessary for the protection of the wastewater
treatment process.
(1983 Code, sec. 28-104; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2020-O0150, sec. 4,
adopted 11/2/2020)
The categorical pretreatment standards found at 40 CFR chapter
I, subchapter N, parts 405–471, as amended, are hereby incorporated
into the Code of Ordinances the same as if set forth herein verbatim:
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the director of water utilities may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the director
of water utilities shall impose an alternate limit using the combined
wastestream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
(1983 Code, sec. 28-104.1; Ordinance 2003-O0076, sec. 5, adopted 7/24/2003)
State requirements and limitations on discharges shall apply
in any case where they are more stringent than federal requirements
and limitations or those in this article.
(1983 Code, sec. 28-105; Ordinance 9294, sec. 1, adopted 8/10/1989)
The city reserves the right to establish by ordinance more stringent limitations or requirements on discharges to the wastewater disposal system if deemed necessary to comply with the objectives presented in section 22.04.001 of this article.
(1983 Code, sec. 28-106; Ordinance 9294, sec. 1, adopted 8/10/1989)
No user shall increase the use of process water or, in any way,
attempt to dilute a discharge as a partial or complete substitute
for adequate treatment to achieve compliance with the limitations
contained in the federal categorical pretreatment standards, or in
any other pollutant-specific limitation developed by the city or state.
The director of water utilities may impose limitations on users who
are using dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitation is appropriate.
(1983 Code, sec. 28-107; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 12, adopted 5/11/1995)
Each user shall provide protection from accidental discharge
of prohibited materials or other substances regulated by this article
within ninety (90) days from the effective date of this article. Facilities
to prevent accidental discharge of prohibited materials shall be provided
and maintained at the owner’s or user’s own cost and expense.
In the case of an accidental discharge, it is the responsibility of
the user to notify the city immediately of the incident. The notification
shall include date, time and location of discharge, type of waste,
concentration and volume, and corrective actions.
(1983 Code, sec. 28-108; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9411, sec. 14, adopted 2/14/1991; Ordinance 9802, sec. 13, adopted 5/11/1995; Ordinance 2010-O0049, sec. 20, adopted 6/24/2010)
Liquid waste disposers shall meet all requirements of federal
and state law, and all requirements of this article in addition to
the following criteria:
(1)
Accept waste from a transporter that is permitted by the Texas Commission
on Environmental Quality, City of Lubbock’s Environmental Health
Department, and the City of Lubbock’s water utilities department;
(2)
Maintain manifest copies of transporter waste for a period of three
(3) years. These records shall be made available, if requested by
the director of water utilities;
(3)
Accept only those classes of waste which comply with city, state,
and federal requirements.
(1983 Code, sec. 28-109; Ordinance 9802, sec. 14, adopted 5/11/1995; Ordinance 2020-O0150, sec. 5,
adopted 11/2/2020)
At least once every two (2) years, the director of water utilities
shall evaluate whether each significant industrial user needs an accidental
discharge/slug discharge control plan. The director of water utilities
may require any user to develop, submit for approval, and implement
such a plan. Significant Industrial Users are required to notify the
Control Authority immediately of any changes at its facility affecting
the potential for a slug discharge. Alternatively, the director of
water utilities may develop such a plan for any user. An accidental
discharge/slug discharge control plan shall address, at a minimum,
the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the director of water utilities of any accidental or slug discharge, as required by section 22.04.094 of this division; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of material,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
(1983 Code, sec. 28-110; Ordinance 9802, sec. 15, adopted 5/11/1995; Ordinance 2020-O0150, sec. 6,
adopted 11/2/2020)
Users shall notify in writing POTW, the EPA Regional Waste Management
Division Director, and the TNRCC hazardous waste authorities of any
discharge into the POTW of any substance which, if otherwise disposed
of, would be a hazardous waste under CFR part 261. Any notification
under this section must be submitted in conformance with 40 CFR part
403.12(p).
(1983 Code, sec. 28-111; Ordinance 9802, sec. 16, adopted 5/11/1995)
(a)
For the purposes of this section, an “act of God” means
an incident caused solely by an act of God, war, strike, riot, or
other catastrophe.
(b)
An act of God shall constitute an affirmative defense to an action
brought for noncompliance with this division if the requirements following
are met.
(c)
A user who wishes to establish the affirmative defense of an act
of God shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1)
An act of God occurred and the user can identify the elements and
factors evidencing the act of God;
(2)
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures; and
(3)
The user has submitted the following information to the director
of water utilities within twenty-four (24) hours of becoming aware
of the act of God; if this information is provided orally, a written
submission must be provided within five (5) business days:
(A)
A description of the indirect discharge and 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; and
(C)
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(1983 Code, sec. 28-112; Ordinance 9802, sec. 17, adopted 5/11/1995; Ordinance 2003-O0076, sec. 6,
adopted 7/24/2003)
(a)
If another municipality or other governmental authority (“contributing
municipality”) contributes wastewater to the POTW, the city
shall enter into an agreement with the contributing municipality.
(b)
Prior to entering into an agreement required by subsection (a) of this section, above, the city shall request the following information from the contributing municipality:
(c)
An agreement, entered into after January 1, 2004, as required by subsection (a) of this section, above, shall contain the following conditions:
(1)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits which are at least as stringent as those set out in section 22.04.084. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
(2)
A requirement for the contributing municipality to submit a revised
user inventory on at least an annual basis;
(3)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the city; and which
of these activities will be conducted jointly by the contributing
municipality and the city;
(4)
A requirement for the contributing municipality to provide the director
of water utilities with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(5)
Limits on the nature, quality, and volume of the contributing municipality’s
wastewater at the point where it discharges to the POTW;
(6)
Requirements for monitoring the contributing municipality’s
discharge;
(7)
A provision ensuring the director of water utilities access to the
facilities of users located within the contributing municipality’s
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the director of water utilities;
and
(8)
A provision specifying remedies available for breach of the terms
of the agreement.
(1983 Code, sec. 28-113; Ordinance 2003-O0076, sec. 7, adopted 7/24/2003)
