(a)
Purpose and policy.
This article sets forth uniform
requirements for users of the publicly owned treatment works (POTW)
for the Town and enables the Town to comply with all applicable State
and Federal laws, including the Clean Water Act (33 United States
Code section 1251 et seq.) and the General Pretreatment Regulations
(40 Code of Federal Regulations part 403). The objectives of this
article are to:
(1)
Prevent the introduction of pollutants into the publicly owned treatment
works that will interfere with its operation;
(2)
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;
(3)
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;
(4)
Promote reuse and recycling of industrial wastewater and sludge from
the publicly owned treatment works;
(5)
Enable the Town to comply with the National Pollutant Discharge Elimination
System permit conditions of the City of Dallas, sludge use and disposal
requirements, and any other Federal or State laws to which the publicly
owned treatment works is subject.
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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; and requires
user reporting.
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(b)
Administration.
Except as otherwise provided herein,
the Director of Public Works (Director) shall administer, implement,
and enforce the provisions of this article. Any powers granted to
or duties imposed upon the Director may be delegated by the Director
to other personnel.
(c)
Abbreviations.
The following abbreviations, when used
in this article, shall have the designated meanings:
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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COD
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Chemical oxygen demand
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EPA
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U.S. Environmental Protection Agency
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gpd
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Gallons per day
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mg/l
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Milligrams per liter
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NPDES
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National Pollutant Discharge Elimination System
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POTW
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Publicly owned treatment works
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RCRA
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Resource Conservation and Recovery Act
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SIC
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Standard Industrial Classification
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TSS
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Total suspended solids
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USC
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United States Code
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(d)
Act or the act.
Activated sludge.
Approval Authority.
Authorized representative of the user.
(1)
(A)
(B)
(2)
(3)
Biochemical oxygen demand or BOD.
BOD.
Categorical pretreatment standard or categorical standard.
Composite sample.
Control Authority.
Environmental Protection Agency or EPA.
Existing source.
Fats, oils, and grease (FOG).
Generator.
Grab sample.
Grease trap.
Grease trap waste.
Grit trap.
Grit trap waste.
Indirect discharge or discharge.
Industrial user.
Instantaneous maximum allowable discharge limit.
Interference.
Liquid waste.
Liquid waste hauler.
Medical waste.
New source.
(1)
(A)
(B)
(C)
(2)
(3)
(A)
(i)
(ii)
(B)
Noncontact cooling water.
Pass-through.
Person.
pH.
Pollutant.
Pretreatment.
Pretreatment requirements.
Pretreatment standards or standards.
Prohibited discharge standards or prohibited discharges.
Publicly owned treatment works or POTW.
Septic tank waste.
Sewage.
Significant industrial user.
(1)
(2)
(A)
(B)
(C)
(D)
(3)
Slug load or slug.
Standard Industrial Classification (SIC) code.
Stormwater.
Superintendent (Director of Public Works).
Suspended solids.
Transporter.
TSS.
User or industrial user.
Wastewater.
Wastewater treatment plant or treatment plant.
Definitions.
Unless a provision explicitly states otherwise,
the following terms and phrases, as used in this article, shall have
the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC section 1251 et seq.
The sludge produced in a wastewater treatment plant that
is withdrawn from the treatment plant for disposal.
The Regional Administrator of the EPA.
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 (1) or more manufacturing, production, or
operation facilities employing more than two hundred fifty (250) persons
or having gross annual sales or expenditures exceeding twenty-five
million dollars ($25,000,000.00) (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 the highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
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The individuals described in subsections (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 Town.
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The quantity of oxygen, expressed in mg/l, utilized in the
biochemical oxidation of organic matter by standard methods.
The value of the five-day test for biochemical oxygen demand,
as described in the latest edition of “Standard Methods for
the Examination of Water & Wastewater.”
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with sections 307(b) and (c) of the act (33
USC section 1317) which apply to a specific category of users and
which appear in 40 CFR, chapter I, subchapter N, parts 405–471.
Samples collected during a period of time exceeding fifteen
(15) minutes and combined into one (1) sample.
The operator of any part of the POTW if different from the
Town, e.g., the City of Dallas Water Utilities.
The U.S. Environmental Protection Agency, or, where appropriate,
the Regional Water Management Division Director or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the 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.
The organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as “grease”
or “greases.”
A person who causes, creates, generates, stores, or otherwise
produces liquid waste, excluding a person storing liquid waste in
a mobile tank or fixed storage tank for temporary storage.
A sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed
fifteen (15) minutes.
A receptacle, structure, or mechanical device used by a generator
to intercept, collect, separate, and restrict the passage of fat,
oil, grease, organic, inorganic, liquid, semi-liquid, semi-solid,
or solid waste from wastewater prior to discharge to the Publicly
Owned Treatment Works (“POTW”).
Fats, oils, grease organic, inorganic, liquid, semi-liquid,
semi-solid, or solid waste collected by and removed from a grease
trap.
A receptacle, structure, or mechanical device used by a generator
to intercept, collect, separate, and restrict the passage of petroleum-based
oil and grease waste, and inorganic or other solids or semi-solids
from wastewater prior to discharge to the POTW.
Petroleum-based oil and grease waste, and inorganic or other
solids and semi-solids collected by and removed from a grit trap.
The introduction of pollutants into the POTW from any nondomestic
source regulated under section 307(b), (c), or (d) of the act.
An industry that discharges wastewater into the wastewater
system.
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.
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 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); any State regulations contained in any State
sludge management plan prepared pursuant to subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
Waterborne solids, semi-solids, semi-liquids, and liquids
that contain dissolved or suspended waste materials including:
A person who stores, transports, transfers, or hauls liquid
waste.
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.
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;
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 subsection (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 subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
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 subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
A discharge of pollutants through the Town’s wastewater
system 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, in whole or in part, of a violation of
any discharge requirement of the Town, including an increase in the
magnitude or duration of a violation.
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.
The logarithm (base 10) of the reciprocal of the hydrogen
ion concentration of a solution.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, 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).
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pollutant concentration discharge limitation requirements
or standards, categorical pretreatment standards, and local limits.
National pretreatment standard means any pretreatment regulations
containing pollutant discharge limits that have been established or
will be established for industrial users by the United States Environmental
Protection Agency.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.03.002(a) of this article.
A “treatment works,” as defined by section 212
of the act (33 USC section 1292), which is owned by the Town 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.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
Contributes a process waste stream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant;
Is designated as such by the Director or the Control Authority
on the basis that it has a reasonable potential for adversely affecting
the POTW’s operation or for violating any pretreatment standard
or requirement; or
Is defined as subject to National categorical pretreatment standards
by the United States EPA.
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 Town and/or the Control Authority 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(0(6), determine that such user should not be considered a significant industrial user.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section 13.03.002(a) of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the Town to supervise the operation
of the wastewater collection system, and who is charged with certain
duties and responsibilities by this article, or a duly authorized
representative.
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.
A person who is registered with and authorized by the TCEQ
to transport sewage sludge, water treatment sludge, domestic septage,
chemical toilet waste, grit trap waste, or grease trap waste in accordance
with V.T.C.A., title 30 Texas Administrative Code § 312.142.
The value of the test for total suspended solids, as described
in the latest edition of “Standard Methods for the Examination
of Water & Wastewater.”
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
(1971 Code, sec. 16-31; Ordinance 2024 adopted 8/28/17)
(a)
Prohibited discharges.
(1)
General prohibitions.
No user shall introduce or cause
to be introduced into the POTW any pollutant or wastewater which causes
pass-through or interference. These general prohibitions apply to
all users of the POTW whether or not they are subject to categorical
pretreatment standards or any other National, State, or local pretreatment
standards or requirements.
(2)
Specific prohibitions.
No user shall introduce or cause
to be introduced into the POTW the following pollutants, substances,
or wastewater:
(A)
Pollutants which create a fire or explosive hazard in the POTW, including,
but not limited to, waste streams with a closed-cup flashpoint of
less than 140°F (60°C) using the test methods specified in
40 CFR 261.21;
(B)
Wastewater having a pH less than 5.5 or more than 10.5;
(C)
Solid or viscous substances in amounts which will cause obstruction
of the flow in the POTW resulting in interference;
(D)
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released
in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause
interference with the POTW;
(E)
Wastewater having a temperature greater than 150°F (65°C),
or which will inhibit biological activity in the treatment plant resulting
in interference, but in no case wastewater which causes the temperature
at the introduction into the treatment plant to exceed 104°F (40°C);
(F)
Used motor oil;
(G)
Pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problems;
(H)
Trucked or hauled pollutants, except at discharge points designated by the Director and/or Control Authority in accordance with section 13.03.003(c) of this article;
(I)
Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance or a hazard to life, or to prevent entry
into the sewers for maintenance or repair;
(J)
Wastewater which imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the treatment plant’s
effluent, thereby violating the applicable National Pollutant Discharge
Elimination System (“NPDES”) permit;
(K)
Wastewater containing any radioactive wastes or isotopes in a manner
that will permit a transient concentration higher than one hundred
(100) microcuries per liter, except in compliance with applicable
State or Federal regulations;
(L)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, and subsurface drainage, unless specifically authorized by
the Director and/or the Control Authority;
(M)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(N)
Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail a toxicity test;
(O)
Detergents, surface-active agents, or other substances which may
cause excessive foaming in the POTW;
(P)
Except where the Director and/or the Control Authority have determined
that different limits under an industrial waste permit are appropriate,
a person may not discharge fat, oil, grease, or similar material to
the POTW in excess of one hundred (100) mg per liter. If necessary
to protect the POTW or sanitary sewer, the Director may issue a permit,
order, or rule that assigns the limits on discharge of fat, oil, grease,
or similar substance as:
(Q)
A discharge of water, normal domestic wastewater, or industrial waste
that in quantity of flow exceeds, for a duration of longer than fifteen
(15) minutes, more than four (4) times the average twenty-four-hour
flow during normal operation;
(R)
Insecticides and herbicides in concentrations that are not amenable
to treatment;
(S)
Polychlorinated biphenyls;
(T)
Garbage that is not properly shredded to such an extent that all
particles will be carried freely under the flow conditions normally
prevailing in wastewater mains, with no particle having greater than
a one-half-inch cross-sectional dimension;
(U)
Wastewater or industrial waste generated or produced outside the
Town, unless approval in writing from the Director and the Control
Authority has been given to the person discharging the waste; or
(V)
Without the approval of the Director and/or Control Authority, a
substance or pollutant other than industrial waste, normal domestic
wastewater, septic tank waste or chemical toilet waste that is of
a toxic or hazardous nature, regardless of whether or not it is amenable
to treatment, including but not limited to bulk or packaged chemical
products.
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Pollutants, substances, or wastewater prohibited by this section
shall not be stored in such a manner that they could be discharged
to the POTW.
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(b)
National categorical pretreatment standards.
The categorical
pretreatment standards found at 40 CFR chapter I, subchapter N, parts
405-71 are hereby incorporated.
(1)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the Director and/or the Control Authority may impose equivalent concentration
or mass limits in accordance with 40 CFR 403.6(c).
(2)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the Director
and/or the Control Authority shall impose an alternate limit using
the combined waste stream formula in 40 CFR 403.6(e).
(3)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by the EPA
when developing the categorical pretreatment standard.
(4)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.15.
(c)
Local limits.
The following pollutant limits are established
to protect against pass-through and interference. No person shall
discharge, or cause or permit to be discharged, wastewater containing
in excess of the following instantaneous maximum allowable discharge
limits:
(1)
Metals in the form of compounds or elements in solution or suspension
in concentrations exceeding the following:
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0.5 mg/l arsenic
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1.0 mg/l cadmium
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5.0 mg/l chromium
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4.0 mg/l copper
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1.6 mg/l lead
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0.01 mg/l mercury
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9.0 mg/l nickel
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0.2 mg/l selenium
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4.0 mg/l silver
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5.0 mg/l zinc
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(2)
Organic chemical substances in concentrations exceeding the following:
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21,000.0 mg/l acetone
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1.0 mg/l benzene
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1.6 mg/l ethyl benzene
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26,250.0 mg/l isopropyl alcohol
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20,000.0 mg/l methyl alcohol
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249.0 mg/l methyl ethyl ketone
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21.0 mg/l methylene chloride
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149.0 mg/l total phenols
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3.0 mg/l toluene
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2.0 mg/l xylene
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(3)
1.6 mg/l cyanide or cyanogen compounds.
(4)
100.0 mg/l oil and grease.
(5)
10.0 mg/l sulfides.
(6)
10,000 mg/l BOD5.
(7)
10,000 mg/l total suspended solids.
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The above limits apply at the point where the wastewater is
discharged to the POTW. All concentrations for metallic substances
are for “total” metal unless indicated otherwise.
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(d)
Right of revision.
The Town reserves the right to establish,
by ordinance or in wastewater discharge permits, more stringent standards
or requirements on discharges to the POTW.
(e)
Dilution of discharge.
No user shall ever increase the
use of process water, or in any way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve
compliance with a discharge limitation, unless expressly authorized
by an applicable pretreatment standard or requirement. The Director
may impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements, or in other cases
when the imposition of mass limitations is appropriate.
(f)
Restrictions on discharge of liquid waste.
(1)
Except as otherwise provided in this article, a person shall dispose
of liquid waste only by discharge or deposit at an approved receiving
station.
(2)
Offenses:
(A)
A person commits an offense under this article if the person:
(i)
Discharges or disposes of liquid waste at a location other than
an approved receiving station;
(ii)
Discharges waste from grease traps, grit traps, or hold haul
tanks that has been commingled with sewage, septic tank waste, activated
sludge, or chemical toilet waste to an approved receiving station;
(iii)
Discharges hazardous waste or liquid waste containing pollutants
in violation of Federal, State, or local law;
(iv)
Possesses or presents a false manifest, chemical analysis, list
of industrial contributors, or other document to obtain approval for
discharge or disposal of liquid waste;
(v)
Discharges to the POTW or sanitary sewer liquid waste not documented
by a manifest as required by local and State health officials;
(vii)
Discharges liquid waste collected from one or more generators
into a service line, cleanout, sampling port, manhole, or other device
that discharges into the POTW and is owned or operated by a third
party;
(viii)
Discharges grease trap waste, grit trap waste,
or other liquid waste removed from a grease trap or grit trap into
the device from which it was removed or any other device; or
(ix)
Discharges grease trap waste, grit trap waste, or other liquid
waste that has been physically or chemically treated, separated, commingled
with other liquid waste, or otherwise altered, into a grease trap,
grit trap, or other device while or after the device is being serviced.
(g)
Fees and charges.
(1)
A liquid waste hauler seeking a permit must complete and file an
application for a permit with the Director on the form provided by
the Director and pay the annual application and permit fee.
(2)
A liquid waste hauler shall remit to the Town an amount equal to
five percent (5%) of all gross revenues from all operations of the
liquid waste hauler within the Town. Said amounts shall be remitted
no later than the thirtieth (30th) day after such revenue is earned.
The liquid waste hauler shall submit a monthly report to the Town
accounting for its gross revenues under the permit for any month in
which revenue is earned pursuant to the permit. As applied in this
section, the term gross revenue shall exclude the amount of any municipal,
county, State, or Federal sales or excise tax on sales, which is both
added to the selling price and paid to the taxing authority by the
liquid waste hauler; and the amount of any city, county, State, or
Federal admission tax or use tax or similar governmental charge which
is paid to the relevant taxing authority by the liquid waste hauler.
The Town Council reserves the right to increase the liquid waste hauler
fee at its sole discretion by amending this section.
(h)
(i)
Grease trap design requirements.
(1)
Grease trap design is as specified in the Town’s plumbing code
with the approval of the Building Official.
(2)
All existing facilities that are not compliant with grease trap maintenance
standards will be given a compliance deadline not to exceed six (6)
months from the date of notification to have approved and installed
grease-handling equipment in compliance with this Policy. Failure
to do so will be considered a violation of the Town’s ordinance
and may subject the facility to enforcement action.
(j)
Requirements for cleaning grease traps.
(1)
A person who discharges wastewater from a grease trap to the POTW
shall:
(A)
Completely remove all fat, oils, or grease waste, other liquid waste,
semi-solid or solid and residue from the grease trap when the grease
trap is cleaned;
(B)
Reimburse the cost to remove all fat, oils, or grease waste from
the POTW; and
(C)
Receive a maximum fine pursuant to the Town’s Code of Ordinances
per day, every day, until the subject grease trap has been returned
to the Town’s ordinance requirements and inspected by Town Staff;
(D)
Clean the grease trap the earlier of:
(i)
A minimum of every ninety (90) days, or
(ii)
When fifty percent (50%) or more of the wetted height of the
grease trap, as measured from the bottom of the grease trap to the
invert of the outlet pipe, contains grease and solids. Failure to
clean the grease trap on a timely basis will be considered a violation
of the Town’s ordinance and may subject the facility to enforcement
action.
(2)
The Director may reduce the cleaning frequency requirement in writing
if the Director determines, based on written documentation submitted
by the generator, that the reduced cleaning frequency does not contribute
to or cause a violation of this chapter.
(3)
A person cleaning a grease trap shall dispose of the waste removed
from the grease trap in accordance with Federal, State and local regulations.
(4)
The Director may establish other cleaning requirements for grease
traps as necessary to protect the POTW or a portion of the sanitary
sewer.
(k)
Requirements for cleaning grit traps.
(1)
A person who discharges wastewater from a grit trap to the POTW shall
completely remove all oil and grease waste, other liquid waste, semi-solid,
or solid, and residue from the grit trap when the grit trap is cleaned.
(2)
A person cleaning a grit trap shall dispose of the waste removed
from a grit trap in accordance with Federal, State, and local restrictions.
(3)
The Director may establish other cleaning requirements for grit traps
as necessary to protect the POTW or a portion of the sanitary sewer
system.
(l)
Permit and application requirements for grease/grit traps.
(1)
A person seeking a permit must complete and file an application for
a permit with the Director on the form provided by the Director and
pay the application and permit fees established by resolution.
(2)
An application for a permit under this chapter must include:
(A)
The name, title, address, and telephone number of the authorized
representative for the applicant;
(B)
The description or address of the location;
(C)
The description of the activity and process conducted at the location;
(D)
The description of the facility at the location;
(E)
The nature and characteristics of the proposed discharge;
(F)
A list of the raw materials and chemicals used or stored at the location
that may be discharged to the POTW, intentionally or accidentally;
(G)
The type, amount, process, and rate of product produced;
(H)
The type and amount of raw materials processed, including daily average
and daily maximum;
(I)
A copy of the site, floor, mechanical, and plumbing plans that show
sewers, floor drains, and pretreatment facilities by size, location,
elevation and points of origin; and
(J)
The time and duration of discharge.
(3)
The Director may require additional application information as necessary
to determine compliance by the premises and proposed discharge.
(4)
An annual permit fee, as established by Town Council Resolution.
The permit fee will cover up to three inspections of the operational
grease trap by Town Staff.
(5)
The authorized representative of the applicant must sign the application
and make the following certification: “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
assure 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 and imprisonment for knowing violation.”
(m)
Transfer of existing grease trap permit.
(1)
A person assuming ownership, occupancy, or management of a premises
covered by an existing permit shall apply for a transfer of the existing
permit no later than the 30th day before the proposed transfer.
(2)
The Director may transfer an existing permit if:
(3)
A person assuming ownership, occupancy, or management of a currently
permitted premises shall file an application for a transfer of the
permit with the Director on the form provided by the Director and
pay a permit transfer fee.
(4)
An application for transfer of an existing permit must include:
(A)
The name, title, address, and telephone number of the authorized
representative for the applicant;
(B)
The description or address of the location;
(C)
The description of the activity and the process conducted at the
location;
(D)
The description of the facility at the location;
(E)
The nature and characteristics of the proposed discharge;
(F)
A list of raw materials and chemicals used or stored at the location
that may be discharged to the POTW, intentionally or accidentally;
(G)
The type, amount, process, and rate of product produced;
(H)
The type and amount of raw materials processed, including the daily
average and daily maximum;
(I)
A copy of the site, floor, mechanical, and plumbing plans that show
sewers, floor drains, and pretreatment facilities by size, location,
elevation, and points of origin; and
(J)
The time and duration of discharge.
(5)
A person assuming ownership, occupancy or management of a premises
covered by an existing permit shall certify that there has been no
material change in:
(6)
The Director may waive the permit application requirement for the
transfer of a permit issued to a user that is not a significant industrial
user.
(n)
Grease trap permit renewal.
(1)
A person holding a permit shall apply for a renewal no later than
the 60th day before the expiration of an existing permit.
(2)
The Director may renew an existing permit if the person holding the
permit complies with the application requirements of this section
and timely pays the invoice for the permit renewal fee.
(3)
A significant industrial user shall apply for renewal of a permit
by filing a complete permit application form.
(4)
The Director may waive the permit renewal application requirement
for a user that is not a significant industrial user.
(5)
The Director may issue a permit renewal notice to a user that is
not a significant industrial user with an attached invoice for payment
of the permit renewal fee.
(o)
Grease trap permit renewal fee.
A person who receives
a permit renewal notice shall pay the invoiced permit renewal fee
on or before its due date.
(p)
Grease trap permit for multiple user facility.
(1)
The Director may issue a permit for a multiple user facility that
discharges prohibited waste to the POTW.
(2)
The owner, occupant, or manager of, or person who has contracted
for water and wastewater service for a multiple user facility shall
file an application for a permit with the Director on the form provided
by the Director and pay a permit application fee.
(Ordinance 2024 adopted 8/28/17)
(a)
Pretreatment facilities.
Users shall provide wastewater treatment as necessary to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in section 13.03.002(a) of this article within the time limitations specified by the EPA, the State, the Control Authority, or the Director, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Director for review, and shall be acceptable to the Director before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the Town under the provisions of this article.
(b)
Accidental discharge/slug control plans.
At least once
every two (2) years, the Director shall evaluate whether each significant
industrial user needs an accidental discharge/slug control plan. The
Director may require any user to develop, submit for approval, and
implement such a plan. Alternatively, the Director may develop such
a plan for any user. An accidental discharge/slug control plan shall
address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the Director of any accidental or slug discharge, as required by section 13.03.006(f) of this article; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
(c)
Septage waste.
(1)
Septage waste may be introduced into the Dallas central wastewater
treatment plant in the manner designated by the Control Authority,
and at such times as are established by the Control Authority. The
Control Authority may require septic tank waste haulers to obtain
wastewater discharge permits.
(2)
Septage waste generators must provide a manifest form for every load.
This form shall include, at a minimum, the name and address of the
generator, the waste hauler, permit number, truck identification,
disposal site and volume and characteristics of waste. The form shall
identify the type of industry, known or suspected waste constituents
and whether any wastes are RCRA hazardous wastes. The generator shall
retain a completed manifest in its business office for three (3) years
after disposal.
(1971 Code, sec. 16-33)
(a)
Wastewater analysis.
When requested by the Director,
a user must submit information on the nature and characteristics of
its wastewater within ten (10) days of the request. The Director is
authorized to prepare a form for this purpose and may periodically
require users to update this information.
(b)
Permit required.
(1)
No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Director, except that a significant industrial user that has filed a timely application pursuant to subsection (c) of this section may continue to discharge for the time period specified therein.
(2)
The Director may require other users to obtain wastewater discharge
permits as necessary to carry out the purposes of this article.
(3)
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 13.03.009 through 13.03.011 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.
(c)
Existing users.
Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article (ordinance adopted October 4, 1993), and who wishes to continue such discharges in the future, shall, within sixty (60) days after said date, apply to the Director for a wastewater discharge permit in accordance with subsection (e) of this section, and shall not cause or allow discharges to the POTW to continue after sixty (60) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the Director.
(d)
New users.
Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with subsection (e) of this section, must be filed at least thirty (30) days prior to the date upon which any discharge will begin or recommence.
(e)
Application contents.
All users required to obtain a
wastewater discharge permit must submit a permit application. The
Director may require all users to submit as part of an application
the following information:
(1)
All information required by section 13.03.006(a)(2) of this article;
(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 POTW;
(3)
Number and type of employees, hours of operation, and proposed or
actual hours of operation;
(4)
Each product produced by type, amount, process or processes, 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)
Any other information as may be deemed necessary by the Director
to evaluate the wastewater discharge permit application.
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Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision.
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(f)
Signatories and certification.
All wastewater discharge
permit applications and user reports must be signed by an authorized
representative of the user and 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 assure 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 and
imprisonment for knowing violations.”
(g)
Decision; issuance.
The Director will evaluate the data
furnished by the user and may require additional information. Within
thirty (30) days of receipt of a complete wastewater discharge permit
application, the Director will determine whether or not to issue a
wastewater discharge permit. The Director may deny any application
for a wastewater discharge permit. The Director shall furnish the
City of Dallas with a copy of the application and permit within fourteen
(14) days after issuance.
(1971 Code, sec. 16-34)
(a)
Duration.
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 Director. Each wastewater discharge permit will indicate a specific
date upon which it will expire.
(b)
Contents.
A wastewater discharge permit shall include
such conditions as are deemed reasonably necessary by the Director
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 the Town in accordance with subsection (d) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C)
Effluent limits based on applicable pretreatment standards;
(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 Director or the Control
Authority to ensure compliance with this article and State and Federal
laws, rules, and regulations.
(c)
Modification.
The Director 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 wastewater discharge permit issuance;
(3)
A change in the POTW 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 POTW, Town personnel, or the receiving waters;
(5)
Violation of any terms or conditions of the wastewater discharge
permit;
(6)
Misrepresentations 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.
(d)
Transfer.
Wastewater discharge permits may be transferred
to a new owner or operator only if the permittee gives at least thirty
(30) days’ advance notice to the Director and the Director approves
the wastewater discharge permit transfer. The notice to the Director
must include a written certification by the new owner or operator
which:
(1)
States that the new owner and/or operator has no immediate intent
to change the facility’s operations and processes;
(2)
Identifies the specific date on which the transfer is to occur; and
(3)
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
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(e)
Revocation.
The Director and/or 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 Director of significant changes to the wastewater
prior to the changed discharge;
(2)
Failure to provide prior notification to the Director of changed conditions pursuant to section 13.03.006(e) of this article;
(3)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(4)
Falsifying self-monitoring reports;
(5)
Tampering with monitoring equipment;
(6)
Refusing to allow the Director 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;
(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.
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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.
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(f)
Reissuance.
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 13.03.004(e) of this article, a minimum of thirty (30) days prior to the expiration of the user’s existing wastewater discharge permit.
(1971 Code, sec. 16-35)
(a)
Baseline monitoring reports.
(1)
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the Director a report which contains the information listed in subsection (2) below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the Director a report which contains the information listed in subsection (2) below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(2)
Users described above shall submit the information set forth below.
(A)
Identifying information.
The name and address
of the facility, including the name of the operator and owner.
(B)
Environmental permits.
A list of any environmental
control permits held by or for the facility.
(C)
Description of operations.
A brief description
of the nature, average rate of production, and Standard Industrial
Classification of the operation(s) carried out by such user. This
description should include a schematic process diagram which indicates
points of discharge to the POTW from the regulated processes.
(D)
Flow measurement.
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 use of the combined waste stream formula set out in 40 CFR 403.6(e).
(E)
Measurement of pollutants.
(i)
The categorical pretreatment standards applicable to each regulated
process.
(ii)
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the Director, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection (j) of this section.
(F)
Certification.
A statement, reviewed by the user’s
authorized representative and certified by a qualified professional,
indicating whether pretreatment standards are being met on a consistent
basis, and, if not, whether additional operation and maintenance (O&M)
and/or additional pretreatment is required to meet the pretreatment
standards and requirements.
(G)
Compliance schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in subsection (b) of this section.
(H)
Signature and certification.
All baseline monitoring reports must be signed and certified in accordance with section 13.03.004(f) of this article.
(b)
Compliance schedule progress reports.
The following conditions shall apply to the compliance schedule required by subsection (a)(2)(G) of this section:
(1)
The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for
the user to meet the applicable pretreatment standards (such events
include, but are not limited to, hiring an engineer, completing preliminary
and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine
operation);
(2)
No increment referred to above shall exceed nine (9) months;
(3)
The user shall submit a progress report to the Director no later
than fourteen (14) days following each date in the schedule and the
final date of compliance, including, as a minimum, whether or not
it complied with the increment of progress, the reason for any delay,
and, if appropriate, the steps being taken by the user to return to
the schedule; and
(4)
In no event shall more than nine (9) months elapse between such progress
reports to the Director.
(c)
Reports on compliance with categorical pretreatment standard deadline.
Within ninety (90) days following the date for final compliance with applicable pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to such pretreatment standards and requirements shall submit to the Director a report containing the information described in subsections (a)(2)(D) through (F) of this section. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 13.03.004(f) of this article.
(d)
Periodic compliance reports.
(1)
All significant industrial users shall, at a frequency determined by the Director but in no case less than twice per year (in June and December), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. All periodic compliance reports must be signed and certified in accordance with section 13.03.004(f) of this article.
(2)
All wastewater samples must be representative of the user’s
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. 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.
(e)
Reports of changed conditions.
Each user must notify
the Director of any planned significant changes to the user’s
operations or system which might alter the nature, quality, or volume
of its wastewater at least twenty (20) days before the change.
(1)
The Director may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 13.03.004(e) of this article.
(2)
The Director may issue a wastewater discharge permit under section 13.03.004(g) of this article or modify an existing wastewater discharge permit under section 13.03.005(c) of this article in response to changed conditions or anticipated changed conditions.
(3)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases of twenty (20) percent or greater,
and the discharge of any previously unreported pollutants.
(f)
Reports of potential problems.
(1)
In the case of any discharge, including, but not limited to, accidental
discharges, discharges of a nonroutine, episodic nature, a noncustomary
batch discharge, or a slug load, that may cause potential problems
for the POTW, the user shall immediately telephone and notify the
Director at 214-521-4161 and the Control Authority at 214-670-5700
of the incident. This notification shall include the location of the
discharge, type of waste, concentration and volume, if known, and
corrective actions taken by the user.
(2)
A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (1) above. Employers shall ensure that all employees who may cause such a discharge to occur are advised of the emergency notification procedure.
(g)
Reports from unpermitted users.
All users not required
to obtain a wastewater discharge permit shall provide appropriate
reports to the Director as the Director may require.
(h)
Notice of violation; repeat sampling and reporting.
If sampling performed by a user indicates a violation, the user must
notify the Director and the Control Authority 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 and the Control Authority within thirty (30) days
after becoming aware of the violation. The user is not required to
resample if the Director and/or the Control Authority monitors at
the user’s facility at least once a month, or if the Director
and/or the Control Authority samples between the user’s initial
sampling and when the user receives the results of this sampling.
(i)
Notification of discharge of hazardous waste.
(1)
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and State hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred eighty (180) days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under subsection (e) of this section. The notification requirement in this subsection does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of subsections (a), (c) and (d) of this section.
(2)
Dischargers are exempt from the requirements of subsection (1) above during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(3)
In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user must notify the Director,
the EPA Regional Waste Management Waste Division Director, and State
hazardous waste authorities of the discharge of such substance within
ninety (90) days of the effective date of such regulations.
(4)
In the case of any notification made under this subsection, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable Federal or State law.
(j)
Analytical requirements.
All pollutant analyses, including
sampling techniques, to be submitted in a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by EPA.
(k)
Sample collection.
(1)
Except as indicated in subsection (2) below, the user must collect wastewater samples using flow-proportional composite collection techniques. In the event flow-proportional sampling is infeasible, the Director may authorize the use of time-proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques.
(l)
Timing.
Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed,
postage prepaid, into a mail facility serviced by the United States
Postal Service, the date of receipt of the report shall govern.
(m)
Recordkeeping.
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. This period shall be automatically
extended for the duration of any litigation concerning the user or
the Town, or where the user has been specifically notified of a longer
retention period by the Director or Control Authority.
(1971 Code, sec. 16-36)
(a)
Right of entry.
The Director or the Control Authority
or their authorized representative shall have the right to enter the
premises of any user to determine whether the user is complying with
all requirements of this article and any wastewater discharge permit
or order issued hereunder. Users shall allow the inspecting person
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
(1)
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 inspecting person
will be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
The Director or Control Authority 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.
(3)
The Director or Control Authority 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 annually
to ensure their accuracy.
(4)
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 Director or Control
Authority and shall not be replaced. The costs of clearing such access
shall be borne by the user.
(5)
Unreasonable delays in allowing the inspecting person access to the
user’s premises shall be a violation of this article.
(b)
Search warrants.
If the Director or Control Authority
representative 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 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 or Control Authority representative may seek issuance
of a search warrant from an appropriate court. For purposes of this
section, the Director is designated as the Code Enforcement Official
of the Town.
(1971 Code, sec. 16-37)
Information and data on a user obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from the inspection and sampling activities,
shall be available to the public without restriction, unless the user
specifically requests, and is able to demonstrate to the satisfaction
of the Director or Control Authority, that the release of such information
would divulge information, processes, or methods of production entitled
to protection as trade secrets under applicable State law. Any such
request must be asserted at the time of submission of the information
or data. When requested and demonstrated by the user furnishing a
report that such information should be held confidential, 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 immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data
as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
(1971 Code, sec. 16-38)
The Director shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term “significant noncompliance” shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six (66) percent or more of wastewater measurements
taken during a six-month period exceed the daily maximum limit or
average limit for the same pollutant parameter by any amount;
(2)
Technical review criteria (TRC) violations, defined here as those
in which thirty-three (33) percent or more of wastewater measurements
taken for each pollutant parameter during a six-month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils
and grease, and 1.2 for all other pollutants except pH).
(3)
Any other discharge violation that the Director believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
(4)
Any discharge of pollutants that has caused imminent endangerment
to the public or to the environment, or has resulted in the Director’s
exercise of his emergency authority to halt or prevent such a discharge;
(5)
Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6)
Failure to provide, within thirty (30) days after the due date, any
required reports, including baseline monitoring reports, reports on
compliance with categorical pretreatment standard deadlines, periodic
self-monitoring reports, and reports on compliance with compliance
schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation(s) which the Director determines will adversely
affect the operation or implementation of the local pretreatment program.
(1971 Code, sec. 16-39)
(a)
Notice of violation.
When the Director finds that a
user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, the Director may
serve upon that user a written notice of violation. An explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to the Director. Submission of this plan in no way relieves
the user of liability for any violations occurring before or after
receipt of the notice of violation. Nothing in this section shall
limit the authority of the Director to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
(b)
Show cause hearing.
The Director may order a user which
has violated, or continues to violate, any provision of this article,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Director
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least ten (10) days prior to the hearing. Such notice may be served
on any authorized representative of the user. A show cause hearing
shall not be a bar against, or prerequisite for, taking any other
action against the user.
(c)
Administrative orders.
When the Director finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, the Director may
issue an administrative 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. Administrative orders also may contain other requirements
to address the noncompliance, including additional self-monitoring,
management practices designed to minimize the amount of pollutants
discharged to the sewer, and pretreatment or control of the quantities
and rates of discharge of wastewater to bring the discharge within
the limits of this article. An order may not extend the deadline for
compliance established for a pretreatment standard or requirement,
nor does an administrative order relieve the user of liability for
any violation, including any continuing violation. Issuance of an
administrative order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(d)
Cease and desist orders.
When the Director finds that
a user has violated, or continues to violate, any provision of this
article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, or that the user’s
past violations are likely to recur, the Director may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
(1)
Immediately comply with all requirements; and
(2)
Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
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(e)
Emergency suspensions.
The Director or Control Authority
may immediately suspend a user’s discharge, after informal notice
to the user, whenever such suspension is necessary to stop an actual
or threatened discharge which reasonably appears to present or cause
an imminent or substantial endangerment to the health or welfare of
persons. The Director or Control Authority may also immediately suspend
a user’s discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director or Control Authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director or Control Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director or Control Authority that the period of endangerment has passed, unless the termination proceedings in subsection (f) of this section are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director and the Control Authority prior to the date of any show cause or termination hearing under subsection (b) or (f) of this section.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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(f)
Termination of discharge.
In addition to the provisions in section 13.03.005(e) of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling; or
(5)
Violation of the pretreatment standards in section 13.03.002 of this article.
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Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (b) of this section why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
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(1971 Code, sec. 16-40)
(a)
Injunctive relief.
When the Director or Control Authority
finds that a user has violated, or continues to violate, any provision
of this article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, the Director or
Control Authority may petition the district court for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the wastewater discharge permit,
order, or other requirement imposed by this article on activities
of the user. The Director or Control Authority may also seek such
other action as is appropriate for legal and/or equitable relief,
including a requirement for the user to conduct environmental remediation.
A petition for injunctive relief shall not be a bar against, or a
prerequisite for, taking any other action against a user.
(b)
Civil penalties.
(1)
A user who has violated, or continues to violate, any provision of
this article, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement shall be liable
to the Town for a civil penalty not to exceed the amount set forth
in Texas Local Government Code section 54.017, as amended. In the
case of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
(2)
The Director may recover reasonable attorneys’ fees, court
costs, and other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any actual
damages incurred by the Town.
(3)
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user’s violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
(4)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
(c)
Criminal prosecution; criminal responsibility.
(1)
Violations generally.
A user who violates any provision of this article, a wastewater discharge permit, further regulations and procedures established by the Director and/or Control Authority or an administrative order issued hereunder, or any other pretreatment standard or requirement shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(2)
Causing personal injury or property damage.
A user who
introduces any substance into the POTW which causes personal injury
or property damage shall, upon conviction, be guilty of a misdemeanor
and be subject to the same penalty. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under State law.
(3)
False statements or reporting.
A user who makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed or required to be maintained pursuant to this article, or a wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(4)
Criminal responsibility.
A culpable mental state is
not required to prove an offense under this article. A person is criminally
responsible for a violation of this article if:
(A)
The person commits or assists in the commission of a violation, or
causes or permits another person to commit a violation; or
(B)
The person owns or manages the property or facilities determined to be the cause of the illegal discharge under section 13.03.002(a), 13.03.002(b), 13.03.002(c), 13.03.003(c), or 13.03.004(b).
(d)
Remedies nonexclusive.
The remedies provided for in
this article are not exclusive. The Director may take any, all, or
any combination of these actions against a noncompliant user. Enforcement
of pretreatment violations will generally be in accordance with the
Town’s enforcement response plan. However, the Director may
take other action against any user when the circumstances warrant.
Further, the Director is empowered to take more than one (1) enforcement
action against any noncompliant user.
(e)
Applicability of more stringent regulations.
(1)
National pretreatment standards.
If National pretreatment
standards, categorical or otherwise, more stringent than the discharge
limits prescribed in this article are promulgated by the United States
Environmental Protection Agency for certain industries, the more stringent
National pretreatment standards will apply to the affected industrial
user. A violation of the more stringent National pretreatment standards
will also be considered a violation of this article.
(2)
Waste received and treated by another governmental entity.
An industrial user within the Town who discharges industrial
waste ultimately received and treated by another governmental entity
pursuant to a wholesale wastewater contract or a reciprocal agreement
with the Town is subject to the following additional rules:
(A)
If the governmental entity has more stringent discharge limits than
those prescribed by this article, or by a discharge permit issued
hereunder, because the United States Environmental Protection Agency
requires the more stringent discharge limits as a part of the governmental
entity’s wastewater pretreatment program, the more stringent
discharge limits shall prevail.
(B)
The Director is authorized to issue a discharge permit to an industrial user affected by subsection (A), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the Director may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the Director an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(C)
If the Director chooses not to issue or amend a permit under subsection (B), the Director shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(D)
The more stringent discharge limits cease to apply upon termination of the Town’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity or the United States Environmental Protection Agency. The Director shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection (D).
(3)
Variances in compliance dates.
The Director may grant
a variance in compliance dates to an industry when, in the Director’s
opinion, such action is necessary to achieve pretreatment or corrective
measures. In no case shall the Director grant a variance in compliance
dates to an industry affected by National categorical pretreatment
standards beyond the compliance dates established by the United States
Environmental Protection Agency.
(4)
Authority of Director.
The Director may establish regulations,
not in conflict with this article or other laws, to control the disposal
and discharge of industrial waste into the wastewater system and to
insure compliance of the Town’s pretreatment enforcement program
with all applicable pretreatment regulations promulgated by the United
States Environmental Protection Agency. The regulations established
shall, where applicable, be made a part of any discharge permit issued
to an industrial user by the Director.
(1971 Code, sec. 16-41)
(a)
Upset.
(1)
For the purposes of this section, “upset” means an exceptional
incident in which there is unintentional and temporary noncompliance
with categorical pretreatment standards because of factors beyond
the reasonable control of the user. An upset does not include noncompliance
to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
(2)
An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (3) below are met.
(3)
A user who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs
or other relevant evidence, that:
(A)
An upset occurred and the user can identify the cause(s) of the upset;
(B)
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures; and
(C)
The user has submitted the following information within twenty-four
(24) hours of becoming aware of the upset:
(i)
A description of the indirect discharge and cause of noncompliance;
(ii)
The period of noncompliance, including exact dates and times
or, if not corrected, the anticipated time the noncompliance is expected
to continue; and
(iii)
Steps being taken and/or planned to reduce, eliminate, and prevent
recurrence of the noncompliance.
(4)
In any enforcement proceeding, the user seeking to establish the
occurrence of an upset shall have the burden of proof.
(5)
Users will have the opportunity for a judicial determination on any
claim of upset only in an enforcement action brought for noncompliance
with categorical pretreatment standards.
(6)
A user shall control production of all discharges to the extent necessary
to maintain compliance with categorical pretreatment standards upon
reduction, loss, or failure of its treatment facility until the facility
is restored or an alternative method of treatment is provided. This
requirement applies in the situation where, among other things, the
primary source of power of the treatment facility is reduced, lost,
or fails.
(b)
Bypass.
(1)
For the purposes of this section:
(A)
Bypass.
The intentional diversion
of waste streams from any portion of a user’s treatment facility.
(B)
Severe property damage.
Substantial
physical damage to property, damage to the treatment facilities which
causes them to become inoperable, or substantial and permanent loss
of natural resources which can reasonably be expected to occur in
the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
(3)
(A)
If a user knows in advance of the need for a bypass, it shall submit
prior notice to the Director, at least ten (10) days before the date
of the bypass, if possible.
(B)
A user shall submit oral notice to the Director of an unanticipated
bypass that exceeds applicable pretreatment standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) days of the time
the user becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; the duration of
the bypass, including exact dates and times and, if the bypass has
not been corrected, the anticipated time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the bypass. The Director may waive the written report on a case-by-case
basis if the oral report has been received within twenty-four (24)
hours.
(4)
(A)
Bypass is prohibited, and the Director may take an enforcement action
against a user for a bypass, unless:
(i)
Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(ii)
There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive
maintenance; and
(1971 Code, sec. 16-43)
