Division 4 Permit

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 one hundred dollars ($1,100.00). 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:

Name, address, and location of actual facility (if different from the mailing address);

SIC number according to the current Standard Industrial Classification Manual, Bureau of the Budget;

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;

Time and duration of contribution;

Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and seasonal variations if any;

Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections, and appurtenances by the size, location and elevation;

Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;

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;

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.

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.

§ 22.04.134 Application signatories and certification.

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; Ordinance 2024-O0128 adopted 9/10/2024)

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.”

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:

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.

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.

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.

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)

§ 22.04.135 Modification.

The director of water utilities may modify a wastewater permit for good cause, including, but not limited to, the following reasons:

To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

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;

A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;

Information indicating that the discharge poses a threat to the city’s POTW, city’s personnel, or the receiving waters;

Violation of any terms or conditions of the wastewater discharge permit;

Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;

Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;

To correct typographical or other errors in the wastewater discharge permit;

To reflect a transfer of the facility ownership or operation to a new owner or operator; or

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)

§ 22.04.136 Conditions.

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.

Permits must contain the following:

A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;

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;

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.

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

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:

The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;

Limits on the average and maximum wastewater constituents and characteristics;

Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization;

Requirements for installation and maintenance of inspection and sampling facilities;

Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;

Compliance schedules;

Requirements for submission of technical reports or discharge reports per section 22.04.176;

Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording the city access thereto;

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;

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)

§ 22.04.137 Duration.

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)

§ 22.04.138 Transfer.

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)

§ 22.04.139 Revocation.

The director of water utilities may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:

Failure to notify the director of water utilities of significant changes to the wastewater prior to the changed discharge;

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;

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

Falsifying self-monitoring reports;

Tampering with monitoring equipment;

Refusing to allow the director of water utilities timely access to the facility premises and records;

Failure to meet effluent limitations;

Failure to pay fines;

Failure to pay sewer charges or charges prescribed by section 22.04.218 of this article;

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.

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)

§ 22.04.140 Appeals.

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.