As used in this article:
Act or “the act.”
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. ‘1251 et seq.
Approving authority.
The city manager or his duly authorized representative.
BOD (biochemical oxygen demand).
The quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade.
Building sewer.
The extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection).
City.
The City of Navasota, Texas, or any authorized person acting in its behalf.
COD (chemical oxygen demand).
The measure of the oxygen-consuming capacity of inorganic and organic matter present in the water and wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
Composite sample.
The aggregate of all samples of a user’s wastewater collected in any continuous 24-hour period selected by the approving authority. A composite sample shall be determined by not less than three (3) grab samples or such higher number of samples as may be required by the approving authority, and may or may not be flow weighted at the discretion of the approving authority.
Control manhole.
A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
Control point.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Garbage.
Animal and vegetable wastes and residue from preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce.
Grab sample.
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 fifteen (15) minutes.
Industrial waste.
Waste resulting from any process of industry, manufacturing, trade, or business or from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge.
The charge made on those persons who discharge industrial wastes into the city’s sewer system.
Milligrams per liter (mg/l).
The same as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
Natural outlet.
Any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.
Normal domestic wastewater.
Wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids (TSS) is not more than two hundred (200) mg/l and BOD is not more than two hundred (200) mg/l, and ammonia-nitrogen (NH3-N) is not more than twenty-five (25) mg/l.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person.
Any individual, and includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
pH.
The logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Public sewer.
A pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.
Publicly owned treatment works or POTW.
A “treatment works,” as defined by section 212 of the act, which is owned by a municipality, as defined by section 502(4) of the act, and which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. This definition includes any devices and systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant.
Sanitary sewer.
A public sewer that conveys domestic wastewater or industrial wastes or a combination or both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.
Slug.
Any discharge of water, wastewater, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period or duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation.
Standard methods.
The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
Storm sewer.
A public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Stormwater.
Rainfall or any other forms of precipitation.
Superintendent.
The water and wastewater superintendent of the city or his duly authorized deputy, agent, or representative.
Texas Pollutant Discharge Elimination System (TPDES) permit.
A permit issued by the state to discharge treated wastewater to a receiving system.
To discharge.
Includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions.
Total suspended solids (TSS).
Solids measured in mg/l that either float on the surface of, are in suspension in, or settles in water, wastewater, or other liquids, and which are largely removable by a laboratory filtration device.
Trap.
A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
Unpolluted wastewater.
Water containing:
(1) 
No free or emulsified grease or oil;
(2) 
No acids or alkalis;
(3) 
No phenols or other substances producing taste or odor in receiving water;
(4) 
No toxic or poisonous substances, including metals, in suspension, colloidal state, or solution in concentrations greater than those found in section 13.04.005;
(5) 
No noxious or otherwise obnoxious or odorous gases;
(6) 
Not more than an insignificant amount in mg/l each of suspended solids, BOD, and (NH3-N) as determined by the state commission on environmental quality; and
(7) 
Color not exceeding fifty (50) units as measured by the platinum-cobalt method of determination as specified in standard methods.
Waste.
Rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities.
Wastewater.
A combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with any ground, surface, and stormwater that may be present.
Wastewater facilities.
Includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes.
Wastewater service charge.
The charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.
Wastewater treatment plant.
Any city-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers.
Watercourse.
A natural or manmade channel in which a flow of water occurs, either continuously or intermittently.
(Ordinance 775-15 adopted 1/11/16)
(a) 
A person who violates, or continues to violate, any provision of this article, a wastewater discharge permit or order issued hereunder, may be assessed a fine of not more than two thousand dollars ($2,000.00) for each violation. Each day a violation of this article continues shall constitute a separate offense.
(b) 
In addition to proceeding under authority of subsection (a) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under the authority of statutes or other ordinances against a person violating this article.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No person may discharge to public sewers any waste which by itself or by interaction with other wastes may:
(1) 
Injure or interfere with wastewater treatment processes or facilities;
(2) 
Constitute a hazard to city personnel who work at the wastewater treatment works, the general public, or animals;
(3) 
Create a hazard in receiving waters of the wastewater treatment plant effluent;
(4) 
Interfere with the reuse and recycling of the sludge from the wastewater treatment plant; or
(5) 
Cause the POTW to violate the city’s TPDES permit or the receiving water quality standards.
(b) 
All discharges shall conform to the requirements of this article.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No discharge to public sewers may contain:
(1) 
Fluoride other than that contained in the public water supply;
(2) 
Chlorides in concentrations greater than 250 mg/l;
(3) 
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas; or
(4) 
Substances causing an excessive chemical oxygen demand (COD).
(b) 
No waste or wastewater discharge to public water sewers may contain:
(1) 
Strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not;
(2) 
Fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (zero (0) and sixty-five (65) degrees centigrade);
(3) 
Objectionable or toxic substances exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the approving authority for such materials; or
(4) 
Obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of section 13.04.003(a).
(c) 
No waste, wastewater, or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel at the wastewater facilities.
(d) 
All waste, wastewater, or other substances containing phenols, hydrogen sulfide, or other taste and odor-producing substances shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal, or other agencies with jurisdiction over discharges to receiving waters.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No discharges may contain concentrations of heavy metals greater than amounts specified in subsection (b) of this section.
(b) 
The allowable concentrations of each of the hazardous metals, stated in terms of milligrams per liter (mg/l), for discharge to inland waters, and as determined on the basis of individual sampling in accordance with standard methods, are as follows:
 
Not to Exceed
Metal
Average
Daily Composite
Grab Sample
Arsenic
0.5
1.25
1.75
Barium
1.0
2.0
4.0
Cadmium
0.006
0.015
0.021
Chromium
5.07
12.6
17.7
Copper
0.03
0.08
0.11
Cyanide
0.13
0.33
0.46
Lead
0.15
0.39
0.54
Manganese
1.0
2.0
3.0
Mercury
0.0007
0.0018
0.0025
Molybdenum
0.82
2.05
2.87
Nickel
0.49
1.23
1.72
Selenium
0.005
0.01
0.02
Silver
0.06
0.15
0.21
Zinc
0.30
0.75
1.05
(c) 
Prohibited concentrated wastes include but are not limited to:
(1) 
Herbicides;
(2) 
Fungicides; and
(3) 
Pesticides.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No person may discharge garbage into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half (1/2) inch in dimension are prohibited.
(b) 
The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No person may:
(1) 
Discharge to public sanitary sewers:
(A) 
Unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage;
(B) 
Unpolluted cooling water;
(C) 
Unpolluted industrial process waters;
(D) 
Other unpolluted drainage; or
(2) 
Make any new connections from inflow sources.
(b) 
In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged.
(Ordinance 775-15 adopted 1/11/16)
No person may discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent temperature to one hundred ten (110) degrees Fahrenheit.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority.
(b) 
The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.
(Ordinance 775-15 adopted 1/11/16)
(a) 
No person may discharge into public sewers any substance capable of causing:
(1) 
Obstruction to the flow in sewers;
(2) 
Interference with the operation of treatment processes or facilities; or
(3) 
Excessive loading of treatment facilities.
(b) 
Discharges prohibited by subsection (a) above included, but are not limited to, materials which exert or cause concentrations of:
(1) 
Inert suspended solids greater than two hundred fifty (250) mg/l, including but not limited to:
(A) 
Fuller’s earth;
(B) 
Lime slurries;
(C) 
Lime residues;
(2) 
Dissolved solids greater than nine hundred seventy (970) mg/l, including but not limited to:
(A) 
Sodium chloride; and
(B) 
Sodium sulfate;
(3) 
Excessive discoloration, including but not limited to:
(A) 
Dye wastes; and
(B) 
Vegetable tanning solutions; or
(4) 
BOD in excess of 1,000 mg/l, TSS in excess of 1,000 mg/l, and NH3-N in excess of 125 mg/l.
(c) 
No person may discharge into public sewers any substance that may:
(1) 
Deposit grease or oil in the sewer lines in a manner as to clog the sewers;
(2) 
Overload skimming and grease-handling equipment;
(3) 
Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or
(4) 
Deleteriously affect the treatment process due to excess quantities.
(d) 
No person may discharge any substance into public sewers which:
(1) 
Is not amenable to treatment or reduction by the processes and facilities employed; or
(2) 
Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(e) 
The approving authority shall regulate the flow and concentration of slugs when they may:
(1) 
Impair the treatment process;
(2) 
Cause damage to collection facilities;
(3) 
Incur treatment costs exceeding those for normal wastewater; or
(4) 
Render the waste unfit for stream disposal or industrial use.
(f) 
No person may discharge into public sewers solid or viscous substances which may violate subsection (a) of this section if present in sufficient quantity or size, including but not limited to:
(1) 
Ashes;
(2) 
Cinders;
(3) 
Sand;
(4) 
Mud;
(5) 
Straw;
(6) 
Shavings;
(7) 
Metal;
(8) 
Glass;
(9) 
Rags;
(10) 
Feathers;
(11) 
Tar;
(12) 
Plastics;
(13) 
Wood;
(14) 
Unground garbage;
(15) 
Whole blood;
(16) 
Paunch manure;
(17) 
Hair and fleshings;
(18) 
Entrails;
(19) 
Paper products, either whole or ground by garbage grinders;
(20) 
Slops;
(21) 
Chemical residues;
(22) 
Paint residues; or
(23) 
Bulk solids.
(g) 
Violation of any limit found in this section may result in a fine as described in section 13.04.002.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging:
(1) 
Wastewater;
(2) 
Industrial waste;
(3) 
Polluted liquids.
(b) 
Unless authorized by the state commission on environmental quality, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property into or adjacent to any:
(1) 
Natural outlet;
(2) 
Watercourse;
(3) 
Storm sewer;
(4) 
Other area within the jurisdiction of the city.
(c) 
The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state, and local governments.
(Ordinance 775-15 adopted 1/11/16)
(a) 
If discharges or proposed discharges to a public sewer may:
(1) 
Deleteriously affect wastewater facilities, processes, equipment, or receiving waters;
(2) 
Create a hazard to life or health; or
(3) 
Create a public nuisance, the approving authority shall require:
(A) 
Pretreatment to an acceptable condition for discharge;
(B) 
Control over the quantities and rates of discharge; and
(C) 
Payment to cover the cost of handling and treating the wastes.
(b) 
The approving authority is entitled to determine whether a discharge or proposed discharge is included under subsection (a) of this section.
(c) 
The approving authority shall reject wastes when:
(1) 
It determines that a discharge or proposed discharge is included under subsection (a) of this section; and
(2) 
The discharger does not meet the requirements of subsection (a) of this section.
(Ordinance 775-15 adopted 1/11/16)
(a) 
If pretreatment or control is required, the approving authority shall review and approve design before construction and shall approve installation of equipment and processes before equipment is placed in service.
(b) 
The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances, and other laws.
(c) 
Any person responsible for discharges requiring pretreatment, flow-equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Discharges requiring a trap include:
(1) 
Grease, or waste containing grease in excessive amounts;
(2) 
Oil;
(3) 
Sand;
(4) 
Flammable wastes; and
(5) 
Other harmful ingredients.
(b) 
Any person responsible for discharges requiring a trap shall at his own expense and as required by the approving authority:
(1) 
Provide equipment and facilities of a type and capacity approved by the approving authority;
(2) 
Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and
(3) 
Maintain the trap in effective operating condition.
(c) 
The approving authority shall review and approve the design and location of all traps before construction and shall approve installation of a trap before it is placed in service.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving authority:
(1) 
Install an accessible and safely located control manhole.
(2) 
Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste.
(3) 
Maintain the equipment and facilities.
(b) 
The approving authority shall review and approve the design and location of all control manholes before construction and shall approve installation of a control manhole before it is placed in service.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property.
(b) 
Examination and analysis of the characteristics of waters and wastes required by this article shall be:
(1) 
Conducted in accordance with the latest edition of standard methods; and
(2) 
Determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.
(c) 
The city may conduct analysis from grab or composite sampling to detect unauthorized discharges.
(d) 
The city may select an independent firm or laboratory to determine flow and pollutant concentrations, if necessary.
(e) 
The city is entitled to select the time of sampling at its sole discretion so long as annual samples are taken to determine flow and pollutant concentration of any user’s discharge or class of user’s discharge, if necessary.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Persons making discharges of industrial waste into the city system shall pay a charge to cover the cost of collection and treatment.
(b) 
When discharges of industrial waste into the city system are approved by the approving authority, the city or its authorized representative shall enter into an agreement or arrangement providing:
(1) 
Terms of acceptance by the city;
(2) 
Payment by the person making the discharge in accordance with the user charge system as established in subsection (d) of this section;
(3) 
Sewer connection procedures and requirements shall be in accordance with the most current copy of the International Building Code (IBC) adopted by the city and any future amendments as promulgated by the International Code Council and adopted by the city;
(4) 
A sewer application approved with connection fee paid; and
(5) 
Construction of sewer connections shall be approved by city inspectors prior to sewer use.
(c) 
Each user of the wastewater treatment system will be notified, at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges or ad valorem taxes which are attributable to the operation and maintenance of the wastewater treatment system. The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly.
(d) 
User charge computation:
(1) 
Basic charge.
The basic charge per user shall be developed on a volume basis in accordance with the following:
Cu = CT/VT (Vu) + Cs + Co
When the BOD, suspended solids, or ammonia-nitrogen (NH3-N) concentrations from a user exceed the range or concentration of these pollutants in normal domestic sewage (two hundred (200) mg/l for BOD and TSS and twenty-five (25) mg/l for NH3-N) a surcharge will be added to the base charge. The surcharge may be computed by the following:
Cs = Vu (Bc (BOD - 200) + Sc (SS - 200) + Nc (NH3N - 25))
Cu
=
A user’s charge for operation and maintenance in $/month.
Cs
=
A surcharge for wastewater of excessive strength in $/month.
CT
=
Total operation and maintenance in $/year.
VT
=
Total volume contribution from all users each year.
Vu
=
Volume contribution from a user each month.
Co
=
A fixed monthly debt recovery cost in $/month.
Bc
=
Operation and maintenance cost for treatment of a unit of biochemical oxygen demand.
Sc
=
Operation and maintenance cost for treatment of a unit of suspended solids.
Nc
=
Operation and maintenance cost for treatment of a unit of ammonia-nitrogen.
Specific unit charges to be used in the above calculation and new connection charges (tapping fees) will be adopted and as required amended by separate ordinance.
(2) 
Adjustment of charges.
(A) 
The city shall adjust charges at least annually, if warranted, to reflect changes in the characteristics of wastewater based on the results of sampling and test;
(B) 
Adjustments to charges shall be effective immediately upon determination of quality and quantity of wastes and shall remain in force until further sampling indicates the need to modify charges;
(C) 
The city shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs; and
(D) 
The city shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill for sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.
(Ordinance 775-15 adopted 1/11/16)
(a) 
Any existing or new nongovernmental user of the city treatment facilities which is identified in the Standard Industrial Classification Manual (SIC) is required to pay back through the city its proportionate share of the Environmental Protection Agency grant used to finance those portions of the project that are utilized by the industry. This charge is in addition to any other user charges established by this article. Exceptions to this requirement are allowed to each industry that contributes only domestic waste to the treatment facility and to each industry whose flow and/or load does not exceed the loading equivalent of a domestic flow equal to twenty-five thousand (25,000) gallons per day. For determining load equivalent to domestic waste, BOD and TSS shall not exceed two hundred (200) mg/l each for normal domestic waste. The total cost recovery accessible to an industry shall be determined as follows:
Total Cost Recovery
Remaining Design
=
Percentage of total plant cost
x
EPA treatment plant grant amount
(b) 
Payment of the total cost recovery shall be spread over the remaining design life (20-year maximum) of the treatment plant in monthly or annual payments. First payment will be due twelve (12) months after completion of the new treatment facility.
(c) 
Charges and industrial load date shall be reviewed not less than annually and adjustments made as required. The specific unit charge for cost recovery will be adopted, and as required amended, by a separate sewer rate ordinance or resolution.
(Ordinance 775-15 adopted 1/11/16)
A person discharging industrial wastes into public sewers prior to the effective date of this article may continue without penalty so long as he:
(1) 
Does not increase the quantity or quality of discharge without permission of the approving authority;
(2) 
Has discharged the industrial waste at least six (6) months prior to the effective date of this article; and
(3) 
Applies for and is granted a permit no later than one hundred fifty (150) days after the effective date of this article.
(Ordinance 775-15 adopted 1/11/16)
(a) 
The city may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the person:
(1) 
Submits an application within one hundred twenty (120) days after the effective date of this article on forms supplied by the approving authority;
(2) 
Secures approval by the approving authority of plans and specifications for the facilities when required; and
(3) 
Has complied with all requirements for agreements or arrangements, including, but not limited to, provisions for:
(A) 
Payment of charges;
(B) 
Installation and operation of the facilities and of pretreatment facilities, if required; and
(C) 
Sampling and analysis to determine quantity and strength; and
(4) 
Provides a sampling point when requested by the city, subject to the provisions of this article and approval of the approving authority.
(b) 
A person applying for a new discharge shall:
(1) 
Meet all conditions of this section; and
(2) 
Secure a permit prior to discharging any waste.
(c) 
A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the city. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(d) 
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the city to prevent pass through or interference, protect the quality of the water body receiving the treatment plant’s effluent, protect worker health and safety, facilitate sludge management and disposal, and protect against damage to the POTW.
(1) 
Wastewater discharge permits must contain:
(A) 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years;
(B) 
A statement that the wastewater discharge permit is nontransferable without prior notification to and approval by the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C) 
Effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits, and state and local law;
(D) 
Self-monitoring, sampling, reporting, notification, and recordkeeping requirements. 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
(E) 
A statement of applicable civil and 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.
(2) 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
(A) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(B) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(C) 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(D) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(E) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(F) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(G) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(H) 
Other conditions as deemed appropriate by the city to ensure compliance with this order, and state and federal laws, rules, and regulations.
(3) 
Notwithstanding anything to the contrary in this section, if a user can demonstrate to the satisfaction of the city that the user does not discharge a particular pollutant, that pollutant will not be included in the permit issued by the city to that user. The city may include a re-opener clause in the user’s permit to have an option to reinstate the self-monitoring requirements and effluent limits for the pollutant in the event that the user subsequently discharges measurable levels of the particular pollutant to the waste stream.
(4) 
If it is determined by the city that additional pretreatment and/or operational and maintenance activities is required by a user so that it may comply with the concentration of a new or newly revised local limit parameter that is added to this order at any time by the city, then the city may issue a compliance schedule which shall be determined as the shortest schedule by which the user will provide such additional pretreatment and/or operational and maintenance activities with the understanding that the city responds to violations in accordance with section 13.04.002 of this article. The compliance schedule shall include, without limitation, the specific action to be taken by the user to comply with the concentration of the new or newly revised local limit parameter within a time period specified by the schedule.
(Ordinance 775-15 adopted 1/11/16)
(a) 
The superintendent or other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of determining whether the user is complying with all requirements of this article and any wastewater discharge permit or order issued hereunder. In addition to allowing a right of entry to conduct inspections, sampling, compliance monitoring, and/or metering operations, users shall allow the city, district, TCEQ, and EPA a right of entry to collect on an as need basis samples that are independent of, and in addition to, compliance monitoring.
(b) 
Anyone acting under this authority shall observe the establishment’s rules and regulations concerning safety, internal security, and fire protection.
(c) 
The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties for the purposes of:
(1) 
Maintenance or repair of any portion of the sewer system lying within the easements; and
(2) 
Conducting any other authorized activity.
(d) 
Where a user has security measures in force which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the city will be permitted to enter without delay for the purposes of performing the specific responsibilities in this section.
(e) 
The city shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations.
(f) 
The city may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated once a year or per manufacturer’s recommendations to ensure their accuracy. Portable pH meters shall be calibrated with every use using at least two buffer solutions. pH meters used to measure pH continuously shall be calibrated daily.
(g) 
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 city and shall not be replaced. The costs of clearing such access shall be born by the user.
(h) 
Unreasonable delays in allowing the city access to the user’s premises shall be a violation of this article.
(Ordinance 775-15 adopted 1/11/16)
(a) 
The city may terminate water and wastewater disposal service and disconnect a customer from the system when:
(1) 
Acids or chemicals damaging to the sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(2) 
A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or
(3) 
The industrial customer:
(A) 
Discharges waste or wastewater that is in violation of the permit issued by the approving authority;
(B) 
Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
(C) 
Fails to pay monthly bills for water and sanitary sewer services when due;
(D) 
Repeats a discharge of prohibited wastes to public sewers;
(E) 
Fails to accurately report the wastewater constituents and characteristics of its discharge;
(F) 
Fails to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; or
(G) 
Refuses reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling.
(b) 
If service is disconnected pursuant to subsection (a)(2) of this section, the city shall:
(1) 
Disconnect the customer;
(2) 
Supply the customer with the governmental agency’s report and provide the customer with all pertinent information; and
(3) 
Continue disconnection until such time as the customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes.
(Ordinance 775-15 adopted 1/11/16)
The city shall serve persons discharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
(Ordinance 775-15 adopted 1/11/16)
No person may continue discharging in violation of this article beyond the time limit provided in the notice.
(Ordinance 775-15 adopted 1/11/16)
In addition to penalties provided for by this article, the city is entitled to exercise penalties and sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due.
(Ordinance 775-15 adopted 1/11/16)
The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(Ordinance 775-15 adopted 1/11/16)