(a)
Users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Preliminary pretreatment facilities may be required when:
(1)
The admission into the public sewers of any waters or wastes:
(A)
Have a five-day biochemical oxygen demand greater than two hundred fifty (250) mg/l;
(B)
Contain more than two hundred fifty (250) mg/l of suspended solids;
(C)
Contain any quantity of substances having the characteristics described in division 2 of this article; or
(D)
Have an average daily flow greater than two (2) percent of the average daily sewage flow of the city.
(b)
Plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user’s initiation of the changes.
(c)
The city shall annually publish, as required by and in accordance with the provisions of 40 CFR part 403.8(f)(2)(vii), EPA, in the largest daily newspaper in Lubbock a list of industrial users which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment requirements. The notification shall also summarize any enforcement action taken against the industrial users during the same twelve (12) months.
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in section 22.04.002;
(2)
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in section 22.04.002 multiplied by the applicable criteria (1.4 for BOD, TSS, fats oils and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment standard or requirement as defined by section 22.04.002 (daily maximum, long term average, Instantaneous limit, or narrative standard) that the control authority 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 discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the control authority’s exercise of its emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit, a general permit, or enforcement order for starting construction, completing construction, or attaining final compliance;
(6)
Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s), which may include a violation of BMPs, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(d)
All records relating to compliance with pretreatment standards shall be made available to officials of the EPA, TCEQ, and control authority upon request.
(1983 Code, sec. 28-124; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 10176, sec. 1, adopted 8/26/1999; Ordinance 2020-O0150, sec. 11, adopted 11/2/2020)