Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated.
Act or “the act.”The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
Approval authority.The executive director of the Texas Commission on Environmental Quality, Austin, Texas
Authorized representative of the user.(1) If the user is a corporation:
a. The president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.
The individuals described in 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 city.
Best management practices (BMPs).Scheduling activities, prohibiting practices, enforcing maintenance procedures, and other management practices to implement prohibitions listed in 40 CFR chapter I, subchapter N, 403.5 (a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and section 307(b) of the Clean Water Act.
Biochemical oxygen demand or BOD.The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).
Categorical pretreatment standard or categorical standard.Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the Act (33 U.S.C. section 1317) which apply to a specific category of users and which emerge in 40 CFR chapter I, subchapter N, parts 405–471.
City.The City of Brenham, Washington County, Texas.
Composite sample.A 24-hour flow proportional composite sample. Sampling may be done manually or automatically, and discretely or continuously. If discrete sampling is employed, at least twelve (12) aliquots should be composited. Discrete sampling may be flow proportional either by varying the time interval between each aliquot or the volume of each aliquot. All composites should be flow proportional to either the stream flow at the time of collection of the aliquot or to the total flow since the previous aliquot. Volatile pollutant aliquots must be combined in the laboratory immediately before analysis.
Daily discharge.The “discharge of a pollutant” measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the “daily discharge” is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the “daily discharge” is calculated as the average measurement of the pollutant over the day.
Director of public utilities.The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.
Environmental protection agency or EPA.The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, or the other duly authorized official of said agency.
Existing source.Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such source if the standard is thereafter promulgated in accordance with section 307 of the act.
Grab sample.A sample, which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
Indirect discharge or discharge.The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the act.
Instantaneous maximum limit.The maximum allowable concentration of a pollutant determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference.A discharge, which alone or in conjunction with a discharge or discharges from another sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the city’s TPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of swage 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.
Medical 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.
Monthly average limit.The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
New source.(1) 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:
a. 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 the source; or
The production of wastewater generating processes of the building, structure, facility, or instillation 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 new owner or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
i. Any placement, assembly, or installation of facilities or equipment; or
Significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment; or
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase 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.
Noncontact cooling water.Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
Pass through.A discharge which exits the POTW into the waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city’s TPDES permit, including an increase in the magnitude or duration of a violation.
Person.Any individual, partnership, co partnership, 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.
pH.A measure of the negative logarithm of the Hydrogen ion concentration aqueous solution, or a measure of the acidity or alkalinity of a solution, expressed in standard units.
Pollutant.Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Pretreatment.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.
Pretreatment requirements.Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
Process wastewater.Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
Publicly owned treatment works or POTW.A “treatment works,” as defined by section 212 of the Act (33 U.S.C. section 1292) which is owned by the city. 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.
Septic tank waste.Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
Sewage.Human excrement and gray water (household showers, dishwashing operations, etc.).
Significant industrial user.(1) A user subject to categorical pretreatment standards; or
A user that:
a. 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 wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
Is designed as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection
(2) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
Slug load or slug discharge.Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section
26-24 of this article. A slug discharge is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause interference or pass through, or in any other way violate the POTW’s regulations, local limits or permit conditions.
Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
Technically based local limits.Discharge limits applicable to industrial users of the control authority’s system developed by the control authority in accordance with 40 CFR 403.5(c).
Total suspended solids.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.
Wastewater.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.
(Ordinance O-10-005 adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)