A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date on the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the director of public utilities. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(Ordinance O-10-005, sec. 26-41, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the director of public utilities 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.
(a) 
Wastewater discharge permits must contain:
(1) 
A statement that indicates wastewater discharge permit issuance date, effective date, and expiration date, which in no event shall be more than five (5) years after the effective date;
(2) 
A statement that the wastewater discharge permit in non transferable without prior notification to the city in accordance with section 26-39.6 of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(3) 
Discharge limits, including best management practices, based on applicable pretreatment standards;
(4) 
Self-monitoring, sampling, reporting, notification, BMP compliance and record-keeping requirements. These requirements shall include an identification of pollutants (or best management practices), to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
(5) 
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.
(b) 
Wastewater discharge permits may contain any conditions as deemed appropriate by the director of public utilities to ensure compliance with this article, and state and federal laws, rules, and regulations. Permits may contain, but not be limited to, the following conditions:
(1) 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization.
(2) 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designated to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(3) 
Requirements for development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
(4) 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(5) 
The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW;
(6) 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(7) 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and
(8) 
Requirements to control Slug Discharge, if determined by the director of public utilities to be necessary.
(Ordinance O-10-005, sec. 26-42, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
Any person, including the user, may petition the director of public utilities to reconsider the terms of a wastewater discharge permit within fifteen (15) days of its issuance.
(a) 
Failure to submit a timely petition for review shall be deemed to be a waiver of the failed administrative appeal.
(b) 
In its petition, the appealing parties must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(c) 
The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(d) 
If the director of public utilities fails to act within fifteen (15) days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative actions for purposes of judicial review.
(e) 
Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the district court in and for the state within thirty (30) days of denial of said permit according to the procedure provided by section 54.039 of the Texas Local Government Code.
(Ordinance O-10-005, sec. 26-43, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
The director of public utilities may modify a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
To incorporate any new revised federal, state, or local pretreatment standards or requirements;
(b) 
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;
(c) 
A change in the POTW that requires either temporary or permanent reduction or elimination of the authorized discharge;
(d) 
Information indicating that permitted discharge poses a threat to the city’s POTW, city personnel, or the receiving waters;
(e) 
Violation of any terms or conditions of the wastewater discharge permit;
(f) 
Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) 
Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) 
To correct typographical or other errors in the wastewater discharge permit; or
(i) 
To reflect a transfer of the facility ownership or operation to a new owner or operator per section 26-45 of this article.
(Ordinance O-10-005, sec. 26-44, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
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 of public utilities and receives approval of the wastewater discharge permit transfer. The notice to the director of public utilities must include a written certification by the new owner or operator which:
(a) 
States that the new owner and/or operator has no immediate intent to change the facility’s operations and processes;
(b) 
Identifies the specific date on which the transfer is to occur; and
(c) 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
(Ordinance O-10-005, sec. 26-45, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
The director of public utilities may revoke a wastewater discharge permit for good cause, including, but not limited to, the following reasons:
(a) 
Failure to notify the director of public utilities of significant changes to the wastewater prior to the changed discharge;
(b) 
Failure to provide prior notification to the director of public utilities of changed conditions pursuant to section 26-39.14 of this article;
(c) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) 
Falsifying self-monitoring reports or certification statements;
(e) 
Tampering with monitoring equipment;
(f) 
Refusing to allow the director of public utilities timely access to the facility premises and records;
(g) 
Failure to meet effluent limitations;
(h) 
Failure to pay fines;
(i) 
Failure to pay sewer charges;
(j) 
Failure to meet compliance schedule;
(k) 
Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(m) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this article.
A 48-hour period must pass before a suspension or restriction is effective. The waiting period may be dispensed with in emergency situations relating to public health and safety or a significant impairment of the treatment process.
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.
(Ordinance O-10-005, sec. 26-46, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application to the extent required by federal, state, and/or local regulations, in accordance with section 26-38 of this article, a minimum of thirty (30) days prior to the expiration of the user’s existing wastewater discharge permit.
(Ordinance O-10-005, sec. 26-47, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)
(a) 
If another municipality, or user located within another jurisdiction, contributes wastewater to the POTW, the director of public utilities shall enter into an agreement with the contributing user.
(b) 
Prior to entering into an agreement required by subsection (a), above, the director of public utilities shall request the following information from the contributing user:
(1) 
A description of the quality and volume of wastewater discharged to the POTW by the contributing user;
(2) 
An inventory of all sources located within the contributing user that are discharging to the POTW; and
(3) 
Such other information as the director of public utilities may deem necessary.
(c) 
An agreement, as required by subsection (a), above, shall contain the following conditions:
(1) 
A requirement for the contributing user to adopt a sewer use ordinance or policy which is at least as stringent as this article and local limits which are at least as stringent as those set out in section 26-26 of this article. The requirements shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance of local limits;
(2) 
A requirement for the contributing user to submit a revised user inventory on at least an annual basis;
(3) 
A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, and enforcement, will be conducted by the contributing user; which of these activities will be conducted by the director of public utilities; and which of these activities will be conducted jointly by the contributing user and the director of public utilities;
(4) 
A requirement for the contributing user to provide the director of public utilities with access to all information that the contributing user obtains as part of its pretreatment activities;
(5) 
Limits on nature, quality, and volume of the contributing user’s wastewater at the point where it discharges to the POTW;
(6) 
Requirements for monitoring the contributing user’s discharge;
(7) 
A provision ensuring the director of public utilities access to the facilities of customers located within the contributing user’s jurisdictional boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the director of public utilities; and
(8) 
A provision specifying remedies available for breach of the terms of the agreement.
(Ordinance O-10-005, sec. 26-48, adopted 4/29/10; Ordinance O-21-005 adopted 3/11/21)