If sampling performed by a user indicates a violation, the user
must notify the director of water utilities within twenty-four (24)
hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the director of water utilities within thirty (30) days after becoming
aware of the violation. The user is not required to resample if the
director of water utilities monitors at the user’s facility
at least once a month, or if the director of water utilities samples
between the user’s initial sampling and when the user receives
the results of this sampling.
(1983 Code, sec. 28-130.3; Ordinance 9802, sec. 28, adopted 5/11/1995)
(a)
The city shall require to be provided and operated at the user’s
own expense, monitoring facilities to allow inspection, sampling,
and flow measurement of the building sewer and/or internal drainage
systems, by either: (1) sampling manhole, applicable to users issued
a wastewater contribution permit under division 4 of this article;
or (2) sample port for non-permitted industrial users. The monitoring
facility shall be situated on the user’s premises.
(b)
There shall be ample room in or near such sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
Monitoring facilities must not be located in drive areas. The facility,
sampling, and measuring equipment shall be kept clean, maintained
at all times in a safe and proper operating condition at the expense
of the user. All wastewater must be representative of the user’s
discharge. The failure of a user to keep its monitoring facility in
good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(c)
Sampling and monitoring facilities shall be provided in accordance
with the city’s requirements and all applicable local construction
standards and specifications. Construction shall be completed within
ninety (90) days following official notice by the city.
(1983 Code, sec. 28-131; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2014-O0151, sec. 13,
adopted 11/6/2014; Ordinance
2020-O0150, sec. 12, adopted 11/2/2020)
The city shall inspect the facilities of any user to ascertain
whether the purpose of this article is being complied with and requirements
are met. Minimally, the city shall inspect on an annual basis the
premises of each significant industrial user and shall take at least
one sample from each significant industrial user each year. Persons
or occupants of premises where wastewater is created or discharged
shall allow the city or their representative ready access at all reasonable
times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of their
duties. Hours of operation of the plant and times during which the
plant is making discharge to the POTW’s collection system shall
be deemed reasonable hours for entry of city inspectors for the purposes
of this section. The city, TCEQ , other state agencies and EPA shall
have the right to set upon the user’s property such devices
as are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where a user has security measures in
force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements
with their security guards so that, upon presentation of suitable
identification, personnel from the city, TCEQ, other state agencies
and EPA will be permitted to enter, without delay, for the purposes
of performing their specific responsibilities. Any temporary or permanent
obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written
or verbal request of the control authority and shall not be replaced.
The costs of clearing such access shall be borne by the user.
(1983 Code, sec. 28-132; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9920, sec. 6, adopted 7/25/1996; Ordinance 2020-O0150, sec. 13, adopted 11/2/2020)
Users subject to the reporting requirements of this article
shall retain, and make available for inspection and copying, all records
of information obtained pursuant to any monitoring activities required
by this article and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent
of such requirements. Records shall include the date, exact place,
method, and time of sampling, and the name of the person(s) taking
the samples; the dates analyses were performed; who performed the
analyses; the analytical techniques or methods used; and the results
of such analyses. These records shall remain available for a period
of at least three (3) years. The city shall maintain documentation
of IU’s compliance with monitoring activities and results, any
BMP requirements, and records of activities associated with slug control
evaluation and results of such activities, for a minimum of three
(3) years. This period shall be automatically extended for the duration
of any litigation concerning the user or the city, or where the user
has been specifically notified of a longer retention period by the
director of water utilities.
(1983 Code, sec. 28-132.1; Ordinance 2003-O0076, sec. 13, adopted 7/24/2003; Ordinance 2020-O0150, sec. 14,
adopted 11/2/2020)
(a)
Except as indicated in subsection (b) and (c), below, the User must collect wastewater samples using 24-hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits. [40 CFR 403.12(g)(3)]
(b)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
(c)
For sampling required in support of baseline monitoring and 90-day
compliance reports required in [40 CFR 403.12(b) and (d)], a minimum
of four (4) grab samples must be used for pH, cyanide, total phenols,
oil and grease, sulfide and volatile organic compounds for facilities
for which historical sampling data do not exist; for facilities for
which historical sampling data are available, the control authority
may authorize a lower minimum. For the reports required by subsections
in (40 CFR 403.12(e) and 403.12(h)), the industrial user is required
to collect the number of grab samples necessary to assess and assure
compliance with applicable Pretreatment Standards and requirements.
[40 CFR 403.12(g)(4)]
(d)
The decision to allow the alternative sampling (or site specific
circumstances) must be documented in the IU file for that facility
or facilities.
(e)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. Samples must be taken during the
24 hour period that discharge wastewater is flowing through the regulated
process and/or pretreatment unit.
(f)
During parts of the day when there is no discharge of process wastewater,
standing water should not be disproportionately sampled and analyzed
as it would not be representative of the discharge from the facility.
(g)
Sampling protocols should take into consideration all of the operation
conditions and the physical configuration of the industrial user facility
and produce representative results.
(h)
Where there has been a change to existing facilities, for example,
the addition of treatment, historic data that does not represent the
current discharge would not be able to be used to justify a lower
minimum of grab samples.
(i)
For sampling required on continued compliance and non-categorical
SIU reports, the control authority shall require the number of grab
samples necessary to assess and assure compliance by industrial users
with applicable pretreatment standards and requirements.
(j)
Sampling requirements apply to BMR’s, 90-day reports, continued
compliance and non-categorical SIU reports.
(k)
The control authority will be responsible for documenting site-specific
circumstances and allowing alternate sampling in the industrial user
permits.
(l)
Sampling and analysis techniques must yield analytical data that
is representative of the discharge. The control authority will still
need to document how alternate sampling techniques are representative
of the discharge, and may require that more than four grab samples
be taken and separately analyzed to ensure that sampling is representative.
Where the control authority cannot verify that previous techniques
were representative, such data will not support the use of this alternative
practice.
(m)
The control authority will perform any required repeat sampling within
30 days of becoming aware of a violation, in cases where the control
authority samples in lieu of the SIU.
(n)
The reports required herein must be based upon data obtained through
appropriate sampling and analysis performed during the period covered
by the report, which data are representative of conditions occurring
during the reporting period. The control authority shall require that
frequency of monitoring necessary to assess and assure compliance
by industrial users with applicable pretreatment standards and requirements.
Grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic compounds. For all other pollutants,
24-hour composite samples must be obtained through flow-proportional
composite sampling techniques, unless time-proportional composite
sampling or grab sampling is authorized by the control authority.
Where time-proportional composite sampling or grab sampling is authorized
by the control authority, the samples must be representative of the
discharge and the decision to allow the alternative sampling must
be documented in the industrial user file for that facility or facilities.
Using protocols (including appropriate preservation) specified in
40 CFR part 136 and appropriate EPA guidance, multiple grab samples
collected during a 24-hour period may be composited prior to the analysis
as follows: For cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil & grease the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the control authority, as appropriate.
(1983 Code, sec. 28-132.2; Ordinance 2003-O0076, sec. 14, adopted 7/24/2003; Ordinance 2020-O0150, sec. 15,
adopted 11/2/2020)
If the city has been refused access to a building, structure,
or property, or any part thereof, and is able to demonstrate probable
cause to believe that there may be a violation of this article, or
that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the city designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the director of water utilities may seek issuance of a search warrant
from a court of law with jurisdiction to issue same.
(1983 Code, sec. 28-132.3; Ordinance 2003-O0076, sec. 15, adopted 7/24/2003)
Unless a contrary ruling under the Texas Open Records Act is
issued by the Texas Attorney General or a court, information and data
on a user obtained from reports, questionnaires, permit applications,
permits and monitoring programs and from inspections shall be available
to the public or other governmental agency without restriction unless
the user specifically requests and is able to demonstrate to the satisfaction
of the city that the release of such information would divulge information,
processes or methods of production entitled to protection as trade
secrets of the user. When requested by the person furnishing a report,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public
but shall be made available upon written request to governmental agencies
for uses related to this article, TWC permit, state disposal system
permit and/or the pretreatment programs; provided, however, that such
portions of a report shall be available for use by the state or any
state agency in judicial review or enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
(1983 Code, sec. 28-133; Ordinance 9294, sec. 1, adopted 8/10/1989)
(a)
The city may adopt charges and fees in accordance with section 1.03.004 of the Code of Ordinances of the city, which may include:
(1)
Industry specific fees for reimbursement of costs incurred by the
city related to setting up and operating the city’s pretreatment
program, including without limitation the following activities:
(2)
Other fees as the city may deem necessary to carry out the requirements
contained herein.
(b)
These fees relate solely to the matters covered by this article and
are separate from all other fees chargeable by the city.
(1983 Code, sec. 28-134; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2014-O0151, sec. 14,
adopted 11/6/2014; Ordinance
2020-O0150, sec. 16, adopted 11/2/2020)
(a)
The city may suspend the wastewater treatment service and/or a wastewater
contribution permit when such suspension is necessary, in the opinion
of the city, in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to
the health or welfare of persons, to the environment, causes interference
to the POTW or contributes to cause the city to violate any condition
of its TWC permit.
(b)
Any person notified of a suspension of the wastewater treatment service
and/or the wastewater contribution permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the city shall take
such steps as deemed necessary including immediate severance of the
sewer connection, to prevent or minimize damage to the POTW system
or endangerment to any individuals. The city shall reinstate the wastewater
contribution permit and/or the wastewater treatment service upon proof
of the elimination of the noncomplying discharge. A detailed written
statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the city within fifteen (15) days of the date
of occurrence.
(c)
When the director of water utilities finds that it would be appropriate,
the director of water utilities may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time. If the user does not come into compliance within
the time provided, sewer service may be discontinued unless adequate
treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance schedules also may contain
other requirements to address the noncompliance, including additional
self-monitoring and management practices designed to minimize the
amount of pollutants discharged to the sewer. A compliance schedule
may not extend the deadline for compliance established for a pretreatment
standard or requirement, nor does a compliance schedule relieve the
user of liability for any violation, including any continuing violation.
Issuance of a compliance schedule shall not be a bar against, or a
prerequisite for, taking any other action against the user.
(1983 Code, sec. 28-136; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9920, sec. 7, adopted 7/25/1996)
(a)
The administrative procedure to address noncompliance with this article
shall be as follows:.
(1)
Depending on the severity of the noncompliance, the initial notification
shall be one of the following: verbal notification or warning, letter
of concern, or warning notice requiring correction of the situation
within a period of ten (10) to thirty (30) days as specified by the
inspector.
(2)
Depending on the severity of the noncompliance, the second notification
will be one of the following: warning notice, or violation notice
requiring correction of the situation within a period of ten (10)
to thirty (30) days as specified by the inspector.
(3)
Depending on the severity of the noncompliance, the third notification
will be one of the following: violation notice requiring correction
of the situation within a period of ten (10) days as specified by
the inspector, or issuance of a citation for violation of this article
if such noncompliance has not been corrected.
(4)
Issuance of a citation for violation of this article if noncompliance
has not been corrected.
(b)
The procedure outlined in this section shall not be deemed to supersede the procedure set forth in section 22.04.219 for any actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or contributes to causing the city to be in violation of its TCEQ permit and NPDES permit.
(1983 Code, sec. 28-137; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9813, sec. 1, adopted 6/22/1995; Ordinance 10176, sec. 2, adopted 8/26/1999; Ordinance 2003-O0076, sec. 16, adopted 7/24/2003)
(a)
If any person discharges sewage, industrial wastes or other wastes
into the city’s wastewater disposal system contrary to the provisions
of this article, federal or state pretreatment requirements, or any
order of the city, the city attorney may commence an action for appropriate
legal and/or equitable relief in an appropriate court of this county.
In addition to the penalties provided herein, the city may recover
reasonable attorneys’ fees, court costs, court reporters’
fees and other expenses of litigation by appropriate suit at law against
the person found to have violated this article or the orders, rules,
regulations, and permits issue hereunder.
(b)
In accordance with 40 CFR 403.8, the city has the authority to:
(1)
Obtain remedies for noncompliance by any industrial user with any
pretreatment standard and requirement. The city shall be able to seek
injunctive relief for noncompliance by industrial users with pretreatment
standards and requirements. The city shall also have authority to
seek or assess civil or criminal penalties in at least the amount
of $1,000.00 a day for each violation by industrial users of pretreatment
standards and requirements.
(2)
The city shall have authority to seek judicial relief and may also
use administrative penalty authority when the city has sought a monetary
penalty which it believes to be insufficient.
(1983 Code, sec. 28-139; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 2020-O0150, sec. 17,
adopted 11/2/2020)
Any user who fails to comply with any provision of this article shall be guilty of a misdemeanor punishable as provided by section 1.01.004 of the Code of Ordinances of the City of Lubbock, Texas. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(1983 Code, sec. 28-140; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 30, adopted 5/11/1995; Ordinance 9813, sec. 3, adopted 6/22/1995)
Any person who knowingly makes any false statement, representation
of certification in any application, record, report, plan or other
documentation filed or required to be maintained pursuant to this
article, or wastewater contribution permit, or who falsifies, tampers
with, or knowingly renders inaccurate any monitoring device or method
required under this article shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine up to the maximum amount allowed
by state law.
(1983 Code, sec. 28-141; Ordinance 9294, sec. 1, adopted 8/10/1989; Ordinance 9802, sec. 31, adopted 5/11/1995)
