This article sets forth uniform requirements for direct and
indirect users of the Publicly Owned Treatment Works for the City
of Euless and enables the city to comply with all applicable state
and federal laws, including the Clean Water Act (33 United States
Code § 1251 et seq.) and the General Pretreatment Regulations
(40 Code of Federal Regulations Part 403).
This article shall apply to all users of the Publicly Owned
Treatment Works. The article authorizes the issuance of wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
user reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
(Ordinance 1574, § 1, 2-11-03)
(a)
To prevent
the introduction of pollutants into the publicly owned treatment works
that will interfere with its operation;
(b)
To prevent
the introduction of pollutants into the publicly owned treatment works
that will pass through the publicly owned treatment works, inadequately
treated, into receiving waters, or otherwise be incompatible with
the publicly owned treatment works;
(c)
To ensure
quality of sludge to allow its use and disposal in compliance with
statutes and regulations;
(d)
To protect
both publicly owned treatment works personnel who may be affected
by wastewater and sludge in the course of their employment and the
general public;
(e)
To promote
reuse and recycling of industrial wastewater and sludge from the publicly
owned treatment works;
(f)
To provide
for fees for the equitable distribution of the cost of operation,
maintenance, and improvement of the publicly owned treatment works;
and
(g)
To enable
the control authority to comply with its national pollutant discharge
elimination system permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
(Ordinance 1574, § 1, 2-11-03)
This article shall apply to the city and to persons outside
the city who are, by contract or arrangement with the city, users
of the POTW. Except as otherwise provided herein, the director of
public works shall administer, implement, and enforce the provisions
of this ordinance. Any powers granted to or duties imposed upon the
director of public works may be delegated by the director of public
works to other city personnel.
(Ordinance 1574, § 1, 2-11-03)
The following abbreviations, when used in this ordinance, shall
have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - U.S. Environmental Protection Agency gpd - gallons per
day
mg/l - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
SIU - Significant Industrial User
TCEQ - Texas Commission on Environmental Quality
TPDES - Texas Pollutant Discharge Elimination System TRA - Trinity
River Authority
TSS - Total Suspended Solids
TTO - Total Toxic Organics
U.S.C. - United States Code
(Ordinance 1574, § 1, 2-11-03)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this ordinance, shall have the meanings
hereinafter designated.
means the Federal Water Pollution Control Act, also known
as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
means the regional administrator of EPA or the director of
a state agency delegated to act on EPA’s behalf with an approved
pretreatment program (e.g. Director of TCEQ).
If the user is a corporation:
The president, secretary, treasurer, or a 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
The manager of one or more manufacturing, production, or operation
facilities employing more than 250 persons or having gross annual
sales or expenditures exceeding 25 million dollars (in second-quarter
1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility:
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in paragraphs 1 through 3, above,
may designate another authorized representative if the authorization
is in writing, the authorization specifies the individual or position
responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental
matters for the company, and the written authorization is submitted
to the city.
means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedures for
five days at 20 degrees centigrade, usually expressed as a concentration
(e.g., mg/l).
means a sewer conveying wastewater from the premises of a
user to the PTOW.
means any regulation containing pollutant discharge limits
promulgated by EPA in accordance with Sections 307(b) and (c) of the
Act (33 U.S.C. § 1317) which apply to a specific category of
users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
means the City of Euless or the City Council of Euless, Contracting
Party of the Trinity River Authority’s Central Regional Wastewater
System.
means a sample that is collected over time, formed either
by continuous sampling or by mixing discrete samples. The sample may
be composited either as a time composite sample: composed of discrete
sample aliquots collected at constant time intervals providing a sample
irrespective of stream flow; or as a flow proportional composite sample:
collected either as a constant sample volume at time intervals proportional
to flow, or collected by increasing the volume of each aliquot as
the flow increases while maintaining a constant time interval between
the aliquots.
means the Trinity River Authority of Texas as holder of the
NPDES permit.
means the discharge of treated and untreated wastewater directly
in to the waters of the state.
means the person designated by the city who is charged with
certain duties and responsibilities by this article, or a duly authorized
representative.
means the U.S. Environmental Protection Agency or, where
appropriate, the regional water management division director, or other
duly authorized official of said agency.
means any source of discharge, the construction or operation
of which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with section
307 of the Act.
means a sample which is taken from a wastestream without
regard to the flow in the wastestream and over a period of time not
to exceed 15 minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under Section 307(b), (c), or (d) of the Act.
means an industry that discharges wastewater into the wastewater
system.
means the maximum concentration of a pollutant allowed to
be discharged at any time, determined from the analysis of any discrete
or composited sample collected, independent of the industrial flow
rate and the duration of the sampling event.
means a discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of the control
authority’s NPDES permit or of the prevention of sewage sludge
use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued thereunder, or any more stringent State
or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act, including Title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any State
regulations contained in any State sludge management plan prepared
pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC
312; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
means isolation wastes, infectious agents, human blood and
blood products, pathological wastes, sharps, body parts, contaminated
bedding, surgical wastes, potentially contaminated laboratory wastes,
and dialysis wastes.
means the National Pollutant Discharge Elimination System
permit program of the Environmental Protection Agency, and/or the
permit program of the state agency delegated to act on EPA’s
behalf with an approved pretreatment program (e.g. TPDES or Texas
Pollutant Discharge Elimination System).
means a permit issued pursuant to section 402 of the act.
means any regulation developed under the authority of section
307 (b) of the act and 40 CFR 403.5.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under Section 307(c) of the act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located; or
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located
results in a modification rather than a new source if the construction
does not create a new building, structure, facility, or installation
meeting the criteria of section (1)b. or c. above but otherwise alters,
replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite construction
program
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this paragraph.
means the water used for cooling which does not come into
direct contact with any raw material, intermediate product, waste
product, or finished product.
means the wastewater which the average concentration of suspended
solids and five-day BOD does not exceed 250 mg/l each.
means a discharge which exits the POTW into waters of the
United States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the control authority’s NPDES
permit, including an increase in the magnitude or duration of a violation.
means any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
means a measure of the acidity or alkalinity of a solution,
expressed in standard units.
means dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, municipal,
agricultural and industrial wastes, and certain characteristics of
wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD,
toxicity, or odor).
means the manmade of man-induced alteration of the chemical,
physical, biological and radiological integrity of water.
means the reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater prior to, or in lieu of, introducing such pollutants
into the POTW. This reduction or alteration can be obtained by physical,
chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless
allowed by an applicable pretreatment standard.
means any substantive or procedural requirement related to
pretreatment imposed on a user, other than a pretreatment standard.
means the prohibited discharge standards, categorical pretreatment
standards, and local limits.
means the absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 86-101.
means a “treatment works,” as defined by Section
212 of the Act (33 U.S.C. §1292) which is owned by the city and/or
the control authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation
of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
means any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
means human excrement and gray water (household showers,
dishwashing operations, etc.).
is permissive.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of 25,000 gpd or more of process wastewater
to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
Contributes a process wastestream which makes up five percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
means any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 86-101 of this article.
means a classification pursuant to the Standard Industrial
Classification Manual issued by the United States Office of Management
and Budget.
means any flow occurring during or following any form of
natural precipitation, and resulting from such precipitation, including
snowmelt.
means the total suspended matter that floats on the surface
of, or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
means the sum of the masses or concentration of the toxic
organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding
pesticides, found in industrial users’ discharge at a concentration
greater than 0.01 mg/l. Only those parameters reasonably suspected
to be present, at the discretion of the director of public works,
if any, shall be analyzed for with non-categorical industries. With
categorical industries, TTOs will be sampled for as stipulated in
the particular category or those parameters reasonably suspected to
be present, at the discretion of the director of public works, where
not stipulated.
means any person who contributes, causes, of permits the
contribution of wastewater into the city’s POTW.
means liquid and water-carried industrial wastes and sewage
from residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
means as set forth in section 86-113 of this article.
means that portion of the POTW, which is designed to provide
treatment of municipal sewage and industrial waste.
(Ordinance 1574, § 1, 2-11-03)
