The control authority may deny or condition new or increased contributions of pollutants or changes in the nature of pollutants to the publicly owned treatment works by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the publicly owned treatment works to violate its Texas Pollutant Discharge Elimination System permit.
(1966 Code, sec. 32-126(a); 2001 Code, sec. 106-751; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
When requested by the control authority, a user must submit information on the nature and characteristics of its wastewater within a reasonable time specified by the control authority. The control authority is authorized to prepare a form for this purpose and may periodically require users to update this information.
(1966 Code, sec. 32-126(b); 2001 Code, sec. 106-752; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
No significant industrial user shall discharge wastewater into the publicly owned treatment works without first obtaining a wastewater discharge permit from the control authority, except that a significant industrial user that has filed a timely application pursuant to section 106-754 or 106-755 may continue to discharge for the time period specified therein.
(b) 
The control authority may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.
(c) 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 106-751–106-759 and sections 106-614 and 106-615 and subdivisions IV and V of division 2 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(1966 Code, sec. 32-126(c); 2001 Code, sec. 106-753; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the publicly owned treatment works prior to the effective date of the ordinance from which this section derives and who wishes to continue such discharges in the future shall, within 30 days after such date, apply to the control authority for a wastewater discharge permit in accordance with section 106-757 and shall not cause or allow discharges to the publicly owned treatment works to continue after 60 days of the effective date of the ordinance from which this section derives except in accordance with a wastewater discharge permit issued by the control authority. All users currently under a permit may continue to discharge wastewater for the duration of the permit with the provision that all prohibitions in this article shall be considered to be in force at the effective date of the ordinance from which this article derives.
(1966 Code, sec. 32-126(d); 2001 Code, sec. 106-754; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the publicly owned treatment works must obtain such a permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with section 106-757, must be filed at least 60 days prior to the date upon which any discharge will begin or recommence.
(1966 Code, sec. 32-126(e); 2001 Code, sec. 106-755; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
This article shall apply to all persons outside the city who are, by contract or agreement with the city, users of the city’s publicly owned treatment works, and thus such users may be required to obtain a wastewater discharge permit in accordance with all applicable sections of this division.
(1966 Code, sec. 32-126(f); 2001 Code, sec. 106-756; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
All users required to obtain a wastewater discharge permit must submit a permit application. The control authority may require all users to submit as part of an application the following information:
(1) 
All information required by section 106-881(b);
(2) 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are or could accidentally or intentionally be discharged to the publicly owned treatment works;
(3) 
Number and type of employees, hours of operation, and proposed or actual hours of operation;
(4) 
Each product produced by type, amount, process and rate of production;
(5) 
Type and amount of raw materials processed (average and maximum per day);
(6) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
(7) 
Time and duration of discharges; and
(8) 
The location for monitoring all wastes covered by the permit;
(9) 
Flow measurements information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary to allow us of the combined wastestream formula (40 CFR 403.6(e)).
(10) 
Measurement of pollutants.
a. 
The categorical pretreatment standards applicable to each regulated process and any new categorical regulated processes for existing sources.
b. 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the control authority, of regulated pollutants in the discharge from each regulated process.
c. 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
d. 
The sample shall be representative of daily operations and shall be analyzed in the accordance with procedures set out in section 106-891 of this article. Where alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
e. 
Sampling must be performed in accordance with procedures set out in section 106-891 of this article.
(11) 
Any other information as may be deemed necessary by the control authority to evaluate the wastewater discharge permit application.
(b) 
Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(1966 Code, sec. 32-126(g); 2001 Code, sec. 106-757; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and shall 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 ensure 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 or imprisonment for knowing violations.”
If the designation of an authorized representative 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 written authorization satisfying the requirement of this section must be submitted to the control authority prior to or together with any reports to be signed by an authorized representative.
(1966 Code, sec. 32-126(h); 2001 Code, sec. 106-758; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The control authority will evaluate the data furnished in the application for a wastewater discharge permit by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the control authority will determine whether or not to issue a wastewater discharge permit. The control authority may deny any application for a wastewater discharge permit.
(1966 Code, sec. 32-126(i); 2001 Code, sec. 106-759; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
A wastewater discharge permit shall be issued for a period of less than five years from the effective date of the permit. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(1966 Code, sec. 32-127(a); 2001 Code, sec. 106-760; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the control authority to:
(1) 
Prevent pass through or interference;
(2) 
Protect the quality of the water body receiving the treatment plant’s effluent;
(3) 
Protect worker health and safety;
(4) 
Facilitate sludge management and disposal; and
(5) 
Protect against damage to the publicly owned treatment works.
(b) 
Wastewater discharge permits must contain the following:
(1) 
A statement that indicates wastewater discharge permit duration, for a period of less than five years, including the dates of issuance and expiration;
(2) 
A statement that the 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 prior notification and approval of the control authority in accordance with section 106-764 and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit, all with the provision that the control authority may require a new wastewater discharge permit application be made in lieu of a permit being reassigned or transferred or sold;
(3) 
Effluent limits, including, based on applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, best management practices, and state and local law;
(4) 
Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants (or BMPs) to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR 403, categorical pretreatment standards, local limits, and state and local law. Where the control authority has authorized alternate sampling (such as grab versus composite, or time proportional versus flow proportional composite sampling), alternate sampling protocols shall be specified in the permit; and
(5) 
A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedules may not extend the compliance date beyond applicable federal deadlines.
(6) 
Requirements to control slug discharges, if determined by the control authority to be necessary.
(c) 
Wastewater discharge permits may at the discretion of the control authority contain but not be limited to the following conditions:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge and/or requirements for flow regulation and equalization.
(2) 
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.
(3) 
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.
(4) 
Development and implementation of waste minimization plans or pollution prevention (P2) programs to reduce the amount of pollutants discharged to the publicly owned treatment works.
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the publicly owned treatment works.
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment.
(7) 
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.
(8) 
Any best management practices required by the control authority.
(9) 
Other conditions as deemed appropriate by the control authority to ensure compliance with this article and state and federal laws, rules, and regulations.
(1966 Code, sec. 32-127(b); 2001 Code, sec. 106-761; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
The control authority shall provide public notice of issuance of a wastewater discharge permit. Any person, including the user, may petition the control authority to reconsider the terms of a wastewater discharge permit within 90 days of notice of its issuance.
(b) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(c) 
In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(d) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(e) 
If the control authority fails to act within 30 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(1966 Code, sec. 32-127(c); 2001 Code, sec. 106-762; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The control authority may modify a wastewater discharge permit for good cause, including but not limited to the following reasons:
(1) 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements;
(2) 
To address significant alterations or additions to the user’s operation, processes, or wastewater volume or character since the time of the wastewater discharge permit issuance;
(3) 
A change in the publicly owned treatment works that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(4) 
Information indicating that the permitted discharge poses a threat to the city’s publicly owned treatment works, city personnel, or the receiving waters;
(5) 
Violation of any terms or conditions of the wastewater discharge permit;
(6) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(7) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(8) 
To correct typographical or other errors in the wastewater discharge permit; or
(9) 
To reflect a transfer of the facility ownership or operation to a new owner or operator where requested in accordance with section 106-764.
(1966 Code, sec. 32-127(d); 2001 Code, sec. 106-763; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
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 control authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit. The control authority may require a new wastewater discharge permit application be made in lieu of a permit transfer.
(1966 Code, sec. 32-127(e); 2001 Code, sec. 106-764; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
The control authority may revoke a wastewater discharge permit for good cause, including but not limited to the following reasons:
(1) 
Failure to notify the control authority of significant changes to the wastewater prior to the changed discharge;
(2) 
Failure to provide prior notification to the control authority and/or the POTW of changed conditions pursuant to section 106-885;
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(4) 
Falsifying self-monitoring reports and certification statements;
(5) 
Tampering with monitoring equipment section 106-886;
(6) 
Refusing to allow the control authority and/or approval authority timely access to the facility premises and records;
(7) 
Failure to meet effluent limitations;
(8) 
Failure to pay fines;
(9) 
Failure to pay sewer charges or surcharges;
(10) 
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.
(b) 
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.
(1966 Code, sec. 32-127(f); 2001 Code, sec. 106-765; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with section 106-757, a minimum of 15 days prior to the expiration of the user’s existing wastewater discharge permit.
(1966 Code, sec. 32-127(g); 2001 Code, sec. 106-766; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
If another municipality or user located within another municipality contributes wastewater to the publicly owned treatment works, the control authority shall enter into an intermunicipal agreement with the contributing municipality.
(b) 
Prior to entering into an agreement required by subsection (a) of this section, the contributing municipality must provide the following information to the control authority:
(1) 
A description of the quality and volume of wastewater discharged to the publicly owned treatment works by the contributing municipality;
(2) 
An inventory of all users located within the contributing municipality that are discharging to the publicly owned treatment works; and
(3) 
Such other information as the control authority may deem necessary.
(c) 
An intermunicipal agreement, as required by subsection (a) of this section, shall contain the following conditions and local limits, including required BMRs which are:
(1) 
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this article and local limits which are at least as stringent as those set out in section 106-820. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
(2) 
A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the control authority; and which of these activities will be conducted jointly by the contributing municipality and the control authority;
(4) 
A requirement for the contributing municipality to provide the control authority with access to all information that the contributing municipality obtains as part of its pretreatment activities;
(5) 
Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the publicly owned treatment works;
(6) 
Requirements for monitoring the contributing municipality’s discharge;
(7) 
A provision ensuring the control authority and/or the approval authority access to the facilities of users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and any other duties deemed necessary by the control authority; and
(8) 
A provision specifying remedies available for breach of the terms of the intermunicipal agreement.
(1966 Code, sec. 32-127(h); 2001 Code, sec. 106-767; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)