It shall be unlawful to discharge without a city permit to any
natural outlet within the City of Lubbock, or in any area under the
jurisdiction of said city, and/or to the POTW any wastewater except
as authorized by the director of water utilities in accordance with
the provisions of this article.
(1983 Code, sec. 28-116; Ordinance 9294, sec. 1, adopted 8/10/1989)
All significant users proposing to connect to or to contribute
to the POTW shall obtain a wastewater contribution permit before connection
to or contributing to the POTW. All existing significant industrial
users connected to or contributing to the POTW shall obtain a wastewater
contribution permit within one hundred eighty (180) days after the
effective date of this article.
(1983 Code, sec. 28-117; Ordinance 9294, sec. 1, adopted 8/10/1989)
(a)
Significant industrial users, as defined in section
22.04.002, shall complete and file with the city Southeast Water Reclamation Plant, P.O. Box 2000, Lubbock, TX 79457, phone 806-775-3221, an application in the form prescribed by the city, and accompanied by a fee of one thousand dollars ($1,000.00). Existing users shall apply for a wastewater contribution permit within thirty (30) days after the effective date of this article, and proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. Applications can be obtained from the Southeast Water Reclamation Plant, P.O. Box 2000, Lubbock, TX 79457, phone 806-775-3221. In support of the application, the user shall submit, upon request, in units and terms appropriate for evaluation, part or all of the following information:
(1)
Name, address, and location of actual facility (if different
from the mailing address);
(2)
SIC number according to the current Standard Industrial Classification
Manual, Bureau of the Budget;
(3)
Wastewater constituents and characteristics including but not
limited to those mentioned in
division 3 of
this article as determined by a reliable analytical laboratory; sampling
and analysis shall be performed in accordance with procedures established
by the EPA pursuant to section 304(g) of the act and contained in
40 CFR, part 136, as amended;
(4)
Time and duration of contribution;
(5)
Average daily and thirty-minute peak wastewater flow rates,
including daily, monthly and seasonal variations if any;
(6)
Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the size,
location and elevation;
(7)
Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged;
(8)
The nature and concentration of any pollutants in the discharge
which are limited by any city, state, or federal pretreatment standards,
and a statement regarding whether or not the 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 user to meet applicable pretreatment standards;
(9)
If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, and if so, the shortest schedule
by which the user will provide such additional pretreatment. 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 this schedule:
(A) 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 user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing preliminary plans, executing
contract for major components, commencing construction, completing
construction, etc.).
(B) No increment referred to in subsection
(A) above shall exceed nine (9) months.
(C) Not later than fourteen (14) days following each
date in the schedule and the final date for compliance, the user shall
submit a progress report to the director of water utilities including,
as 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 user to return the construction to the
schedule established. In no event shall more than nine (9) months
elapse between such progress reports to the director of water utilities.
(10)
Each product produced by type, amount, process or processes
and rate of production;
(11)
Type and amount of raw materials processed (average and maximum
per day);
(12)
Number of employees, hours of operation of plant and proposed
or actual hours of operation of pretreatment system;
(13)
Any other information as may be deemed by the city to be necessary
to evaluate the permit application;
(14)
Name and title of industrial user (IU) official;
(15)
List of any other environmental permits the IU has held;
(16)
Applicable categorical standards such as: The date IU commenced
discharge to the city, date of receipt of baseline monitoring report
(BMR), date of receipt of the 90 day report for categorical industrial
users (CIUs);
(17)
Certification or the requirement of total toxic organics (TTO)
monitoring;
(18)
Submittal of toxic organic management plan (TOMP), best management
practices (BMP's) or other management plan;
(19)
Any planned changes in the production rate by the IU;
(20)
Identification of sources of discharge - such as regulated,
dilution flow, unregulated, (used for the combined wastewater formula
to derive pollutant limits);
(21)
Indication of the applicability of combined wastewater formula;
(22)
Estimation or measurement of process and nonprocess flows;
(23)
Identification of types of discharge, such as continuous or
batch discharge;
(24)
Description of pretreatment facilities;
(25)
Submittal of slug discharge control plan as required under 40
CFR 403.8(f)(2)(v), if needed;
(26)
Description of manufacturing facilities;
(27)
Description of chemical spill prevention areas; and
(28)
List of hazardous waste and description of storage area of hazardous
waste.
(b) The city will evaluate the data furnished by the user and may require
additional information. The city will document the evaluation for
the need to develop a slug discharge control plan within one year
from being designated as an SIU. After evaluation and acceptance of
the data furnished, the city may issue a wastewater contribution permit
subject to terms and conditions provided herein.
(1983 Code, sec. 28-118; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2003-O0076, sec. 8,
adopted 7/24/2003; Ordinance
2014-O0151, sec. 9, adopted 11/6/2014; Ordinance 2019-O0129, sec. 15, adopted 9/10/2019; Ordinance 2020-O0150, sec. 7, adopted 11/2/2020; Ordinance 2022-O0136 adopted 9/13/2022; Ordinance
2023-O0108 adopted 9/12/2023)
(a) Certification statement.
All wastewater discharge permit
applications and user reports must be signed by an authorized representative
of the user and contain the following certification statement:
“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 assure 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 the information, the information
submitted is, to the best of my knowledge and belief, 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.”
(b) Signatory requirements for industrial user reports.
The reports required by subsections
(b), (d), and (e) of 40 CFR 403.12(l) shall include the certification statement as set forth in § 403.6(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports required by subsections
(b), (d), and (e) of 40 CFR 403.12 is a corporation. For the purpose of this subsection, a responsible corporate officer means:
(A) 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
(B) The manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports required by subsections
(b), (d), and (e) of 40 CFR 403.12 is a partnership, or sole proprietorship respectively.
(3) By a duly authorized representative of the individual designated
in subsection (l)(1) or (l)(2) of 40 CFR 403.12 if:
(A) The authorization is made in writing by the individual described
in subsection (l)(1) or (l)(2) of 40 CFR 403.12;
(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, or having overall responsibility for
environmental matters for the company; and
(C) The written authorization is submitted to the control authority.
(4) If an authorization under subsection (l)(3) of 40 CFR 403.12 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 (l)(3) of 40 CFR 403.12 must be submitted
to the control authority prior to or together with any reports to
be signed by an authorized representative.
(1983 Code, sec. 28-118.1; Ordinance 9802, sec. 18, adopted 5/11/1995; Ordinance 2020-O0150, sec. 8,
adopted 11/2/2020)
The director of water utilities may modify a wastewater permit
for good cause, including, but not limited to, the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the user’s
operation, process, or wastewater volume or character since the time
of wastewater discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the discharge poses a threat to the city’s
POTW, city’s personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge
permit;
(6) Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge
permit;
(9) To reflect a transfer of the facility ownership or operation to a
new owner or operator; or
(10) To establish specific BMPs if required.
(1983 Code, sec. 28-119; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 19, adopted 5/11/1995; Ordinance 2020-O0150, sec. 9, adopted 11/2/2020)
(a) Wastewater contribution permits shall be expressly subject to all
provisions of this article and all other applicable regulations, user
charges and fees established by the city.
(b) Permits must contain the following:
(1) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the city, and provisions for furnishing
the new owner or operator with a copy of the existing wastewater discharge
permit;
(3) Effluent limits based on applicable general pretreatment standards
in 40 CFR 403, categorical pretreatment standards, local limits, and
state and local law and specific BMPs if applicable.
(4) Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements of a minimum of three (3) years. These requirements shall
include an identification of pollutants to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law; and
(5) A statement of applicable criminal penalties for violation of pretreatment
standards and requirements, and any applicable compliance schedule.
Such schedule may not extend the time for compliance beyond that required
by applicable federal, state, or local law.
(c) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements
for flow regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling
facilities;
(5) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule;
(7) Requirements for submission of technical reports or discharge reports per section
22.04.176;
(8) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the city, and affording the
city access thereto;
(9) Requirements for notification to the city of any new introduction
of wastewater constituent or any substantial change in the volume
or character of the wastewater constituent being introduced into the
wastewater treatment system and the right of the city to deny or condition
new or increased contributions of pollutants, or changes in the nature
of pollutants, to the POTW by industrial users where such contributions
do not meet applicable pretreatment standards and requirements or
where such contributions would cause the POTW to violate its NPDES
permit;
(10) Requirements for notification of slug discharges as per section
22.04.096;
(11) Other conditions as deemed appropriate by the city to ensure compliance
with this article and state and federal laws, rules, and regulations.
(1983 Code, sec. 28-120; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 20, adopted 5/11/1995; Ordinance 2003-O0076, sec. 9, adopted 7/24/2003; Ordinance 2020-O0150, sec. 10, adopted 11/2/2020)
Permits shall be issued for a specified time period, not to
exceed five (5) years. A permit may be issued for a period less than
a year or may be stated to expire on a specific date. The user shall
apply for permit reissuance a minimum of sixty (60) days prior to
the expiration of the user’s existing permit. The terms and
conditions of the permit may be subject to modification by the city
during the term of the permit as limitations or requirements as identified
in division 3, discharge regulations, of this article are modified
or other just cause exists. The user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the effective
date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
(1983 Code, sec. 28-121; Ordinance 9294, sec. 1, adopted 8/10/1989)
Wastewater discharge permits are issued to a specific user for
a specific operation. A wastewater discharge permit shall not be reassigned
or transferred or sold to a new owner, new user, different premises,
or a new or changed operation without the approval of the city. Any
succeeding owner or user shall also comply with the terms and conditions
of the existing permit.
(1983 Code, sec. 28-122; Ordinance 9294, sec. 1, adopted 8/10/1989)
(a) The director of water utilities may revoke a wastewater discharge
permit for good cause, including, but not limited to, the following
reasons:
(1) Failure to notify the director of water utilities of significant
changes to the wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the director of water utilities of changed conditions pursuant to section
22.04.136(c)(9) of this division;
(3) Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director of water utilities timely access to
the facility premises and records;
(7) Failure to meet effluent limitations;
(9) Failure to pay sewer charges or charges prescribed by section
22.04.218 of this article;
(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this article.
(b) Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a particular user are void upon the issuance of
a new wastewater discharge permit to that user.
(1983 Code, sec. 28-123; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2003-O0076, sec. 10,
adopted 7/24/2003; Ordinance
2014-O0151, sec. 10, adopted 11/6/2014)
(a) Any person, including the user, may petition the director of water
utilities to reconsider the terms of a wastewater discharge permit
within sixty (60) days of notice of its issuance.
(b) Failure to submit a timely petition for review shall be deemed a
waiver of the administrative appeal.
(c) In its petition, the appealing party must indicate the wastewater
discharge permit provisions objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
(d) The effectiveness of the wastewater discharge permit shall not be
stayed pending the appeal.
(e) If the director of water utilities fails to act within sixty (60)
days, a request for reconsideration shall be deemed denied. Decisions
not to reconsider a wastewater discharge permit, not to issue a wastewater
discharge permit, or not to modify a wastewater discharge permit shall
be considered final administrative actions for purposes of judicial
review.
(1983 Code, sec. 28-123.1; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 21, adopted 5/11/1995)