(A)
Purpose
and Policy.
(1)
This subchapter sets forth uniform requirements for users of the
publicly owned treatment works for the city and enables the city to
comply with all applicable State and Federal laws, including the Clean
Water Act (33 United States Code [U.S.C.] section 1251 et seq.) and
the general pretreatment regulations (title 40 of the Code of Federal
Regulations [CFR] part 403). The objectives of this subchapter are:
(a)
To prevent the introduction of pollutants into the publicly owned
treatment works that will interfere with its operation;
(b)
To 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;
(c)
To 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;
(d)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(e)
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
(f)
To enable the city to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws to which the publicly owned treatment
works is subject.
(2)
This subchapter shall apply to all Users of the publicly owned treatment
works. The subchapter authorizes the issuance of individual wastewater
discharge permits; provides for monitoring, compliance, and enforcement
activities; establishes administrative review procedures; requires
User reporting; and provides for the setting of fees for the equitable
distribution of costs resulting from the program established herein.
(B)
Administration.
Except as otherwise provided herein, the pretreatment coordinator
shall administer, implement, and enforce the provisions of this subchapter.
Any powers granted to or duties imposed upon pretreatment coordinator
may be delegated by the pretreatment coordinator to a duly authorized
city employee.
(C)
Abbreviations.
The following abbreviations, when used in this subchapter, shall
have the designated meanings:
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BOD - Biochemical Oxygen Demand
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BMP - Best Management Practice
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BMR - Baseline Monitoring Report
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CBOD - Carbonaceous Biochemical Oxygen Demand
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CFR - Code of Federal Regulations
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CIU - Categorical Industrial User
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COD - Chemical Oxygen Demand
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EPA - U.S. Environmental Protection Agency
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gpd - gallons per day
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IU - Industrial User
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mg/l - milligrams per liter
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NPDES - National Pollutant Discharge Elimination System
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NSCIU - Non-Significant Categorical Industrial User
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POTW - Publicly Owned Treatment Works
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RCRA - Resource Conservation and Recovery Act
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SIU - Significant Industrial User
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SNC - Significant Noncompliance
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TSS - Total Suspended Solids
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U.S.C. - United States Code
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(D)
ACT OR “THE ACT”.
APPROVAL AUTHORITY.
AUTHORIZED OR DULY AUTHORIZED REPRESENTATIVE OF THE USER.
(1)
(a)
(b)
(2)
(3)
(4)
BIOCHEMICAL OXYGEN DEMAND OR BOD.
BEST MANAGEMENT PRACTICES OR BMPS.
BYPASS.
BUILDING SEWER.
CARBONACEOUS BIOCHEMICAL OXYGEN DEMAND OR CBOD.
CATEGORICAL INDUSTRIAL USER (CIU).
CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD.
CITY.
CITY MANAGER.
CHEMICAL OXYGEN DEMAND OR COD.
COMPOSITE SAMPLE.
CONTROL AUTHORITY.
CONTROL MANHOLE.
CONTROL POINT.
DISCHARGER.
DAILY MAXIMUM.
DAILY MAXIMUM LIMIT.
END OF PIPE.
END OF PROCESS.
ENVIRONMENTAL PROTECTION AGENCY OR EPA.
EXISTING SOURCE.
GARBAGE.
GRAB SAMPLE.
GREASE (ALSO INCLUDES FATS, OILS, AND GREASE).
GREASE TRAP (OR GREASE INTERCEPTOR, OIL SEPARATOR).
HAULED WASTEWATER.
HAZARDOUS WASTE.
HOLD TIME.
INDIRECT DISCHARGE OR DISCHARGE.
INDUSTRIAL DISCHARGE OR INDUSTRIAL WASTEWATER OR INDUSTRIAL
WASTE OR PROCESS WASTEWATER.
INSTANTANEOUS LIMIT.
INTERFERENCE.
LOCAL LIMIT.
MEDICAL WASTE.
MILLIGRAM PER LITER OR MG/L.
MONTHLY AVERAGE.
MONTHLY AVERAGE LIMIT.
NELAP.
NEW SOURCE.
(1)
(a)
(b)
(c)
(2)
(3)
(a)
(b)
NONCONTACT COOLING WATER.
NORMAL WASTEWATER OR NORMAL DOMESTIC WASTEWATER.
PASS THROUGH.
PERMIT OR DISCHARGE PERMIT.
PERSON.
pH.
POLLUTANT.
PRETREATMENT.
PRETREATMENT COORDINATOR.
PRETREATMENT REQUIREMENTS.
PRETREATMENT STANDARDS OR STANDARDS.
PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES.
PUBLICLY OWNED TREATMENT WORKS OR POTW.
SANITARY SEWER.
STANDARD METHODS.
SEPTIC TANK WASTE.
SEWAGE.
SHALL AND MAY.
SIGNIFICANT INDUSTRIAL USER (SIU)
(1)
(2)
(a)
(b)
(c)
SIGNIFICANT NONCOMPLIANCE.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SLUG LOAD OR SLUG DISCHARGE.
STORMWATER.
SURCHARGE OR INDUSTRIAL WASTEWATER SURCHARGE.
TEXAS COMMISSION OR ENVIRONMENTAL QUALITY OR TCEQ.
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) PERMIT.
TOTAL SUSPENDED SOLIDS OR SUSPENDED SOLIDS.
USER OR INDUSTRIAL USER.
WASTEWATER LIQUID.
WASTEWATER TREATMENT PLANT OR TREATMENT PLANT.
WATERCOURSE.
Definitions.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this subchapter, shall have the meanings
hereinafter designated.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. Section 1251 et seq.
The City of Pflugerville, Texas.
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 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 paragraphs 1 through 3, above,
may designate a Duly 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.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20 degrees centigrade, usually expressed as a concentration
(e.g., mg/l).
The Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §53.041. 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.
The intentional diversion of wastestreams from any portion
of an IU’s pretreatment facility.
The extension from the building drain to the public sewer
or other place of disposal (also called house lateral and house connection).
The quantity of oxygen in the absence of nitrogen utilized
in the biochemical oxidation of organic matter under standard laboratory
procedures for five (5) days at 20 degrees centigrade, usually expressed
as a concentration (e.g., mg/l)
An Industrial User subject to a 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) that apply to a specific category of Users and that appear in 40 CFR Chapter I, Subchapter N, Parts 405 471.
The City of Pflugerville, Texas.
The Representative of the City who is charged with certain
duties and responsibilities by this subchapter, including signatory
responsibility. The term also means a Duly Authorized Representative
of the City Manager.
A measure of the oxygen required to oxidize all compounds,
both organic and inorganic, in water.
A sample formed either by continuous sampling or by mixing
discrete samples. If discrete sampling is employed, at least 12 aliquots
should be composited. The sample may be composited either as a time
composite sample: composed of discrete sample aliquots collected at
constant time intervals providing a sample irrespective of stream
flow; or as a flow proportional composite sample: collected either
as a constant sample volume at time intervals proportional to flow,
or collected by increasing the volume of each aliquot as the flow
increases while maintaining a constant time interval between the aliquots.
For wastewater discharges consisting of a single batch discharge in
a 24-hour period, a grab sample of the batch discharge may be used
to represent the 24-hour composite quality of the wastewater, as long
as the batch is mixed prior to sample collection. For wastewater discharges
consisting of two or more batch discharges in a 24-hour period, the
24-hour composite quality of the wastewater may be determined via
compositing of one grab sample collected from the discharge of each
batch, as long as each batch is mixed prior to sample collection.
The City of Pflugerville, Texas.
A manhole giving access to a building sewer at some point
before the building sewer discharge mixes with other discharges in
the public sewer.
A point of access to a course of discharge before the discharge
mixes with other discharges in the public sewer.
Any person who discharges or introduces anything other than
normal domestic sewage into the POTW. The term includes owners and/or
occupants of the premises connected to and discharging waste or wastewater
into the POTW.
The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
The maximum allowable discharge limit of a pollutant during
a calendar day. Where Daily Maximum Limits are expressed in units
of mass, the daily discharge is the total mass discharged over the
course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements
taken that day.
The point where the wastewater is discharged to the POTW.
TBLLs are assessed at the end of pipe, which is after any pretreatment
unit. Sampling locations are designated in individual industrial wastewater
discharge permits.
A sample point at the end of an industrial process that is
subject to federal categorical pretreatment standards. Categorical
limits are assessed at the end of process sampling location as designated
by individual industrial wastewater discharge permits.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, the Regional Administrator,
or other duly authorized official of said agency.
Any source of discharge that is not a “New Source.”
Animal and vegetable wastes and residue from preparation,
cooking, and dispensing of food; and from the handling, processing,
storage and sale of food products and produce.
A sample that 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.
Fatty acids, soaps, fats, waxes, petroleum products, oil,
and any other material which is extractable by hexane or freon solvent
from an acidified sample, and which is not volatilized during evaporation
of the solvent. Fats, oils, and grease (FOG): 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
Part 136, as may be amended from time to time. All are sometimes referred
to herein as “grease” or “greases.”
A device designed to use differences in specific gravities
to separate and retain light density liquids, waterborne fats, oils,
and greases prior to the wastewater entering the sanitary sewer collection
system. These devices also serve to collect settleable solids, generated
by and from food preparation activities, prior to the water exiting
the interceptor and entering the sanitary sewer collection system.
Oil Separator: A watertight receptacle designed and constructed to
intercept and prevent the passage of petroleum-based oil, grease wastes
and solids into the sanitary sewer system to which the receptacle
is directly or indirectly connected.
Wastewater introduced into the POTW that has been transported
by truck, rail, or any other transport, as distinguished from wastewater
that flows only from the original generating customer directly into
the POTW. Hauled wastewater typically includes septic tank waste.
The waste containing pollutants listed in 40 CFR 261.31,
261.32, or 261.33.
The time starting from when a sample is taken until it is
analyzed. For composite samples the hold time starts when the last
aliquot is sampled.
The introduction of pollutants into the POTW from any nondomestic
source.
Waterborne solids, liquids, or gaseous waste resulting from
and discharged, permitted to flow, or escaping from any industrial,
manufacturing, or food-processing operation or process, or from the
development of any natural resource, or any mixture of these with
water or domestic sewage. (The term is generally synonymous with “non-domestic
waste”).
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 that, 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 a violation of the City’s
TPDES permit or of the prevention of sewage sludge use or disposal
in compliance.
Specific discharge limits developed and enforced by the City
upon industrial or commercial facilities to implement the general
and specific discharge prohibitions.
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.
The same as parts per million and is a weight-to-volume ratio;
the milligram-per-liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
The sum of all “daily discharges” measured during
a calendar month divided by the number of “daily discharges”
measured during that month.
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.
The National Environmental Laboratory Accreditation Program
developed and adopted by the National Environmental Laboratory Accreditation
Conference, which was established by state and federal officials in
1995 as an accreditation standards-setting organization for environmental
laboratories.
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 that 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 paragraph
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous onsite construction
program - 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 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 paragraph.
Water used for cooling that does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Wastewater excluding industrial wastewater discharged by
a person into sanitary sewers and in which the average concentration
of Total Suspended Solids (TSS) is not more than 250 mg/l; 5-day Biochemical
Oxygen Demand (BOD) is not more than 250 mg/l; Chemical Oxygen Demand
(COD) is not more than 450 mg/L; Total Kjeldahl Nitrogen is not more
than 50 mg/l and Total Phosphorus is not more than 8 mg/l.
A discharge which exits the POTW 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 of a
violation of any requirement of City’s TPDES permit, including
an increase in the magnitude or duration of a violation.
A wastewater discharge permit issued to a SIU, or CIU to
allow a discharge into the POTW.
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.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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).
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.
The person designated by the City to supervise industrial
discharge of non-domestic wastes to the POTW, and who is charged with
certain duties and responsibilities by this subchapter. The term also
means a Duly Authorized Representative of the City.
Any substantive or procedural requirement related to pretreatment
imposed on a User, other than a Pretreatment Standard.
Pretreatment Standards shall mean prohibited discharge standards,
categorical Pretreatment Standards, and Local Limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in §53.041 of this subchapter.
Any 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.
A public sewer that conveys domestic wastewater or industrial
wastes or a combination of both, and into which stormwater, surface
water, groundwater, and other unpolluted wastes are not intentionally
passed.
The examination and analytical procedures set forth in the
latest edition, at the time of analysis, of Standard Methods for the
Examination of Water and Wastewater as prepared, approved, and published
jointly by the American Public Health Association, the American Water
Works Association, and the Water Pollution Control Federation.
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.).
The term “shall” describes mandatory actions,
and the term “may” describe permissive (i.e., discretionary)
actions.
An Industrial User subject to categorical Pretreatment Standards;
or
An Industrial 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 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 designated 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.
A compliance status assigned to industrial users that meet
s any of the following:
Chronic violations of wastewater discharge limits, defined here
as those in which sixty six percent (66%) or more of all the measurements
taken for the same pollutant parameter taken during a six-month period
exceed (by any magnitude) a numeric Pretreatment Standard or Requirement,
including instantaneous limits.
Technical Review Criteria violations defined as those in which
thirty three percent (33%) or more of wastewater measurements taken
for each pollutant parameter during a six month period equals or exceeds
the product of the numeric Pretreatment Standard or Requirement, including
instantaneous limits multiplied by the applicable TRC (TRC= 1.4 for
BOD, TSS, fats, oils, and grease and 1.2 for all other pollutants
except pH).
Any other violation of a Pretreatment Standard or Requirement
(daily maximum, long-term average, instantaneous limit, or narrative
Standard) that the POTW determines has caused, alone or in combination
with other Discharges, Interference or Pass Through (including endangering
the health of POTW personnel or the general public).
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare, or to the environment or has resulted in
the POTW’s exercise of its emergency authority to halt or prevent
such a discharge.
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance.
Failure to provide within 45 days after the due date, required
reports such as baseline monitoring reports, 90-day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules.
Failure to accurately report non-compliance; or any other violation
or group of violations, which may include a violation of Best Management
Practices, which the City determines will adversely affect the operation
or implementation of the local pretreatment program.
Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in §53.041 of this subchapter. 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.
A charge in addition to the sewer charge that is applied
to those wastestreams whose pollutant concentrations are in excess
of normal domestic sewage, including but not limited to BOD, TSS,
Ammonia-Nitrogen and Total Phosphorus.
Approval Authority for the State of Texas.
A permit issued by TCEQ to the Control Authority or the City,
pursuant to Section 402 of the Act (33 USC 1342) and Chapter 26 of
the Texas Water Code that regulates discharges of wastes into water
in the state.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and that is
removable by laboratory filtering.
A source of indirect discharge.
A combination of 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.
A natural or manmade channel in which a flow of water occurs,
either continuously or intermittently.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Prohibited
Discharge Standards.
(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 degrees Fahrenheit or 60 degrees Centigrade;
(b)
Wastewater having a pH less than 5.5 or more than 9.5, or otherwise
causing corrosive structural damage to the POTW or equipment;
(c)
Solid or viscous substances at temperatures between 32° and 150°
F. (0° and 65° C.) 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 degrees F (50 degrees
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 degrees F (40 degrees C);
(f)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause Interference or Pass Through;
(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 Pretreatment Coordinator in accordance with §53.042(D) of this subchapter;
(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 City’s TPDES permit;
(k)
Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State regulations;
(l)
Stormwater and Other Unpolluted Drainage:
(m)
Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(n)
Medical Wastes, except as specifically authorized by the Pretreatment
Coordinator in an individual wastewater discharge permit;
(o)
Wastewater causing, alone or in conjunction with other sources, the
treatment plant’s effluent to fail toxicity test;
(p)
Detergents, surface active agents, or other substances which that
might cause excessive foaming in the POTW;
(q)
Fats, oils, or greases (FOG) of animal or vegetable origin in concentrations
greater than 200 mg/l and petroleum-based oils and greases in concentrations
greater than 100 mg/L;
(r)
Organic toxics pollutants introduced intentionally or accidentally
into the POTW including solvents, paints, thinners, degreasers, sealants,
etc.;
(s)
Pollutants, substances, or wastewater prohibited by this Section
shall not be processed or stored in such a manner that they could
be discharged to the POTW.
(t)
Any discharge into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261.
(u)
All waste, wastewater, or other substance containing phenols, hydrogen
sulfide, or other taste-and-odor producing substances, shall conform
to concentration limits established by the approving authority. After
treatment of the composite wastewater, concentration limits may not
exceed the requirements established by state, federal, or other agencies
with jurisdiction over discharges to receiving waters;
(v)
Chlorides in concentrations greater than 250 mg/l; Total Dissolved
Solids (TDS) greater than 1,000 mg/l; and Sulfates greater than 330
mg/l.
(w)
Garbage: No person may discharge garbage into public sewers unless
it is shredded to a degree that all particles can be carried freely
under the flow conditions normally prevailing in public sewers. Particles
greater than one-half inch in any dimension are prohibited. The City
is entitled to review and approve the installation and operation of
any garbage grinder equipped with a motor of three-fourths horsepower
(0.76 hp metric) or greater.
(B)
National
Categorical Pretreatment Standards.
Users must comply with the Categorical Pretreatment Standards found at 40 CFR Chapter I, Subchapter N, Parts 405-471.
(1)
Where a Categorical Pretreatment Standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the City may impose equivalent concentration or mass limits in accordance
with this Section.
(2)
When the limits in a Categorical Pretreatment Standard are expressed
only in terms of mass of pollutant per unit of production, the City
may convert the limits to equivalent limitations expressed either
as mass of pollutant discharged per day or effluent concentration
for purposes of calculating effluent limitations applicable to individual
Industrial Users.
(3)
When wastewater subject to a Categorical Pretreatment Standard is
mixed with wastewater not regulated by the same Standard, the City
shall impose an alternate limit by applying the Combined Waste Stream
Formula in accordance with 40 CFR § 403.6(e).
(4)
When a Categorical Pretreatment Standard is expressed only in terms
of pollutant concentrations, an IU may request that the City convert
the limits to equivalent mass limits. The determination to convert
concentration limits to mass limits is within the sole discretion
of the City. To be eligible for equivalent mass limits, the IU must
meet the requirement set forth in 40 CFR §403.6(c)(5).
(5)
An IU subject to equivalent mass limits must meet the requirements
of 40 CFR § 403.6(5)(ii)(A) through (D).
(6)
When developing equivalent mass limits, the City will follow the
procedures outlined in 40 CFR §403.6(c)(5) through (9).
(C)
State
Pretreatment Standards.
Users must comply with Title
30 Texas Administrative Code (TAC) 315.1 General Pretreatment Regulations
for Existing and New Sources of Pollution.
(D)
Local
Limits.
(1)
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 discharge limits.
|
Pollutant
|
Discharge Limit
(mg/L)
|
|---|---|
|
Arsenic
|
1.78
|
|
Barium
|
5.00
|
|
Cadmium
|
0.10
|
|
Chromium
|
5.00
|
|
Copper
|
1.00
|
|
Cyanide
|
0.65
|
|
Lead
|
2.94
|
|
Manganese
|
1.00
|
|
Mercury
|
0.02
|
|
Molybdenum
|
9.69
|
|
Nickel
|
7.58
|
|
Selenium
|
0.15
|
|
Silver
|
0.77
|
|
Zinc
|
5.38
|
(2)
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. The Pretreatment Coordinator may
impose mass limitations in addition to the concentration-based limitations
above.
(3)
These limits represent a maximum daily discharge for constituents
in the form of compounds or elements, in solution or suspension. These
limits are based upon a method of allocating pollutant loadings which
has been approved by the EPA and incorporated into the city’s
approved pretreatment program. No discharge into the city’s
sewer system may contain concentrations greater than these limits.
These limits apply at a point where the industrial user’s waste
enters the city sewer. Unless otherwise specified by the City, compliance
with these limits will be assessed by the collection and analysis
of a 24-hour composite sample of the wastewater discharge.
(4)
These limits were developed for the POTW in accordance with paragraph
403.5(c) and shall be deemed Pretreatment Standards for the purposes
of section 307(d) of the Act.
(E)
City’s
Right of Revision.
(1)
The City reserves the right to establish, by ordinance or in individual
wastewater discharge permits, more stringent Standards or Requirements
on discharges to the POTW consistent with the purpose of this subchapter.
(2)
If national Pretreatment Standards, categorical or otherwise, more
stringent than the discharge limits prescribed in this subchapter
are promulgated by the EPA 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 Subchapter.
(3)
If more stringent Pretreatment Standards, Texas surface water quality
standards, or TPDES permit conditions are promulgated, the City reserves
the right to establish, by ordinance or in wastewater discharge permits,
more stringent Standards or requirements on discharges to the POTW.
(4)
Authority to regulate. The City may establish regulations, not in
conflict with this Subchapter or other laws, to control the disposal
and discharge of industrial waste into the wastewater system and to
insure compliance with the city’s pretreatment enforcement program
with all applicable pretreatment regulations promulgated by the EPA.
The regulations established shall, where applicable, be made part
of any discharge permit issued to an industrial user by the Pretreatment
Coordinator.
(F)
Dilution.
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 City 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.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Pretreatment
Facilities.
Users shall provide wastewater treatment as necessary to comply with this subchapter and shall achieve compliance with all categorical Pretreatment Standards, Local Limits, and the prohibitions set out in §53.041 of this subchapter within the time limitations specified by EPA, the State, or the City, 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 Pretreatment Coordinator for review and shall be acceptable to the Pretreatment Coordinator 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 City under the provisions of this subchapter.
(B)
Additional
Pretreatment Measures.
(1)
Whenever deemed necessary, the Pretreatment Coordinator may require
Users to restrict their discharge, designate that certain wastewater
be discharged only into specific sewers, relocate and/or consolidate
points of discharge, separate sewage wastestreams from industrial
wastestreams, and such other conditions as may be necessary to protect
the POTW and determine the User’s compliance with the requirements
of this subchapter.
(2)
The Pretreatment Coordinator may require any person discharging into
the POTW to install and maintain, on their property and at their expense,
a suitable storage and flow control facility to ensure equalization
of flow. An individual wastewater discharge permit may be issued solely
for flow equalization.
(3)
Grease, oil, and sand interceptors shall be provided when, in the opinion of the Pretreatment Coordinator, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. The type and capacity; location; frequency of inspection, cleaning and repair shall be in accordance with City’s Fats, Oils and Grease Management Ordinance in §53.074(B).
(4)
Users with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detection
meter.
(C)
Accidental
Discharge/Slug Discharge Control Plans.
The Pretreatment
Coordinator shall evaluate within one year of being designated as
a SIU, whether each SIU needs an accidental discharge/slug discharge
control plan or other action to control Slug Discharges. The City
shall keep records of the activities associated with slug control
evaluation. The Pretreatment Coordinator may require any User to develop,
submit for approval, and implement such a plan or take such other
action that may be necessary to control Slug Discharges. An accidental
discharge/slug discharge 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 Pretreatment Coordinator of any accidental or Slug Discharge, as required by §53.045(G) of this subchapter; 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.
(D)
Hauled
Wastewater.
(1)
Septic tank waste may be introduced into the POTW only at locations designated by the Pretreatment Coordinator, and at such times as are established by the Pretreatment Coordinator. Such waste shall not violate §53.041 of this subchapter or any other requirements established by the City. The Pretreatment Coordinator may require septic tank waste haulers to obtain individual wastewater discharge permits.
(2)
The Pretreatment Coordinator may require haulers of industrial waste
to obtain individual wastewater discharge permits. The Pretreatment
Coordinator may require generators of hauled industrial waste to obtain
individual wastewater discharge permits. The Pretreatment Coordinator
also may prohibit the disposal of hauled industrial waste. The discharge
of hauled industrial waste is subject to all other requirements of
this subchapter.
(3)
Industrial waste haulers may discharge loads only at locations designated
by Pretreatment Coordinator. No load may be discharged without prior
consent of Pretreatment Coordinator. Pretreatment Coordinator may
collect samples of each hauled load to ensure compliance with applicable
Standards. Pretreatment Coordinator may require the industrial waste
hauler to provide a waste analysis of any load prior to discharge.
(4)
Industrial waste haulers must provide a waste tracking form for every
load. This form shall include, at a minimum, the name and address
of the industrial waste hauler, permit number, truck identification,
names and addresses of sources of waste, 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.
(5)
Previously Issued Permits for Haulers: All permits issued by the
City to septic tank waste haulers pursuant to the predecessor of this
Subchapter shall remain valid until their expiration or until their
revocation pursuant to the ordinance under which they were issued.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Wastewater
Analysis.
When requested by the Pretreatment Coordinator,
a User must submit information on the nature and characteristics of
its wastewater within thirty (30) days of the request. The City has
promulgated a Permit Application form for this purpose and may periodically
require Users to update this information.
(B)
Wastewater
Discharge Permit Requirement.
(1)
No SIU shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the Pretreatment Coordinator, except that a SIU that has filed a timely application pursuant to §53.043(C) of this subchapter may continue to discharge for the time period specified therein.
(2)
The Pretreatment Coordinator may require other Users to obtain wastewater
discharge permits as necessary to carry out the purposes of this subchapter.
(3)
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in §53.049 and §53.050 of this subchapter. 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)
Wastewater
Discharge Permitting: Existing Connections.
Any User required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this subchapter and who wishes to continue such discharges in the future, shall, within ninety (90) days after said date, apply to the Pretreatment Coordinator for a wastewater discharge permit in accordance with §53.043(E) of this subchapter, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this subchapter except in accordance with a wastewater discharge permit issued by the Pretreatment Coordinator.
(D)
Wastewater
Discharge Permitting: New Connections.
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 the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with §53.043(E) of this subchapter, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.
(E)
Wastewater
Discharge Permit Application Contents.
(1)
All Users required to obtain a wastewater discharge permit must submit
a permit application. The Pretreatment Coordinator may require Users
to submit all or some of the following information as part of the
Permit Application form:
(b)
Environmental Permits: A list of any environmental control permits
held by or for the facility.
(c)
Description of Operations:
(i)
A brief description of the nature, average rate of production (including
each product produced by type, amount, processes, and rate of production),
and standard industrial classifications 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;
(ii)
Types of wastes generated, and 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;
(iii)
Number and type of employees, hours of operation, and proposed
or actual hours of operation;
(iv)
Type and amount of raw materials processed (average and maximum
per day);
(v)
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.
(d)
Time and duration of discharges.
(e)
The location for monitoring all wastes cover by the permit.
(f)
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 wastestream formula set out in §53.041(B)(3).
(g)
Measurement of pollutants:
(i)
The Categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
(ii)
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the Standard or
by the Pretreatment Coordinator, of regulated pollutants in the discharge
from each regulated process.
(iii)
Instantaneous, Daily Maximum, and long-term average concentrations,
or mass, where required, shall be reported.
(iv)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in §53.045(J) of this subchapter. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Pretreatment Coordinator or the applicable Standards to determine compliance with the Standard.
(h)
Any other information as may be deemed necessary by the Pretreatment
Coordinator to evaluate the permit application.
(2)
Incomplete or inaccurate applications will not be processed and will be returned to the User for revision. If the Pretreatment Coordinator determines the revised Permit Application form to be incomplete or inaccurate, the Pretreatment Coordinator may require Users to hire an environmental consultant/engineer to assist with completing the Permit Application form and the elements listed in §53.043(E).
(F)
Application
Signatories and Certifications.
(1)
All wastewater discharge permit applications, User reports and certification
statements must be signed by an Authorized Representative of the User
and contain the certification statement in §53.040(D)(3).
(2)
If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for
the overall operation of the facility or overall responsibility for
environmental matters for the company, a new written authorization
satisfying the requirements of this Section must be submitted to the
Pretreatment Coordinator prior to or together with any reports to
be signed by an Authorized Representative.
(G)
Wastewater
Discharge Permit Decisions.
(1)
The Pretreatment Coordinator will evaluate the data furnished by
the User and may require additional information. Within thirty (30)
days of receipt of a complete permit application, the Pretreatment
Coordinator will determine whether to issue the wastewater discharge
permit.
(2)
If the User has filed a timely and complete application, and the
Pretreatment Coordinator has not issued a renewed permit or notified
the User of its decision to deny the application, then the User’s
permit shall continue in effect after expiration, until a permit decision
is rendered by the Pretreatment Coordinator.
(3)
The Pretreatment Coordinator may deny or condition an application
for new or renewal of wastewater discharge permits if contributions
of pollutants, or changes in the nature of pollutants to the POTW
from the IU do not meet applicable Pretreatment Standards and Requirements
or where such contributions would cause the POTW to violate its TPDES
permit.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Wastewater
Discharge Permit 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 Pretreatment Coordinator. Each wastewater discharge
permit will indicate a specific date upon which it will expire.
(B)
Wastewater
Discharge Permit Contents.
A wastewater discharge permit
shall include such conditions as are deemed reasonably necessary by
the Pretreatment Coordinator 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 will contain:
(a)
A statement that indicates wastewater discharge permit issuance date,
effective date and the 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 City in accordance with §53.044(D) of this subchapter, 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 including
Best Management Practices (BMPs);
(d)
Self-monitoring, sampling, reporting, notification, and record-keeping
requirements including BMPs. 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;
(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; and
(f)
Requirements to control Slug Discharge, if determined by the Pretreatment
Coordinator to be necessary. The Pretreatment Coordinator shall evaluate
within one year of being designated as a Significant Industrial User
(SIU), whether each such SIU needs a plan or other action to control
slug discharges.
(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 BMPs, 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 non-routine discharges.
The review of such plans and operating procedures and the issuance
of the waste discharge permit will in no way relieve the User from
the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the City under the provisions of this subchapter;
(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 User 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;
(h)
Compliance schedules;
(i)
Other conditions as deemed appropriate by the Pretreatment Coordinator
to ensure compliance with this subchapter, and State and Federal laws,
rules, and regulations;
(j)
An agreement by the User that such user shall be responsible for
maintenance of the facilities in operating condition at the User’s
sole expense; that the User shall pay all charges and surcharges applicable
to pretreatment or the treatment of waste by the city; and that the
User will comply with all the reporting requirements of the city.
(C)
Wastewater
Discharge Permit Modifications.
(1)
The Pretreatment Coordinator may modify a wastewater discharge permit
for good cause, including, but not limited to, the following reasons:
(a)
To incorporate any new or 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 a temporary or permanent
reduction or elimination of the authorized discharge;
(d)
Information indicating that the permitted discharge poses a threat
to POTW, POTW 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;
(i)
To reflect a transfer of the facility ownership or operation to a
new owner or operator; or
(j)
A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(2)
The existing User shall be informed of any proposed changes in the
current permit at least thirty (30) days prior to the effective date
of the requirement of any such change.
(D)
Wastewater
Discharge Permit Transfer.
Wastewater discharge permits
may be transferred to a new owner or operator only if the User gives
at least sixty (60) days advance notice to the Pretreatment Coordinator
and the Pretreatment Coordinator approves the wastewater discharge
permit transfer. The notice to the Pretreatment Coordinator 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.
(4)
Failure to provide advance notice of a transfer renders the wastewater
discharge permit void as of the date of facility transfer.
(E)
Wastewater
Discharge Permit Revocation.
(1)
The Pretreatment Coordinator may revoke an individual wastewater
discharge permit for good cause, including, but not limited to, the
following reasons:
(a)
Failure to notify Pretreatment Coordinator of significant changes
to the wastewater prior to the changed discharge;
(b)
Failure to provide prior notification to Pretreatment Coordinator of changed conditions pursuant to §53.045(F) of this subchapter;
(c)
Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application;
(d)
Falsifying self monitoring reports and certification statements;
(e)
Tampering with monitoring equipment;
(f)
Refusing to allow Pretreatment Coordinator 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 schedules;
(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 or this subchapter.
(2)
Wastewater discharge permits shall be voidable upon cessation of
operations or transfer of business ownership. All wastewater discharge
permits issued to a User are void upon the issuance of a new wastewater
discharge permit to that User.
(F)
Wastewater
Discharge Permit 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 §53.041(E) of this subchapter, a minimum of ninety (90) days prior to the expiration of the User’s existing wastewater discharge permit.
(G)
Regulation
of Waste Received from Other Jurisdictions.
(1)
If another municipality, or User located within another municipality
or political subdivision, contributes wastewater to the POTW, the
City shall enter into an inter-municipal agreement with the contributing
municipality.
(2)
Prior to entering into an agreement, the Pretreatment Coordinator
shall request the following information from the contributing municipality:
(a)
A description of the quality and volume of wastewater discharged
to the POTW by the contributing municipality;
(b)
An inventory of all users located within the contributing municipality
that are discharging to the POTW;
(c)
Such other information as the Pretreatment Coordinator may deem necessary;
and
(d)
An inter-municipal agreement, as required by paragraph 1, above,
shall contain the following conditions:
(i)
A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this subchapter and local limits which are at least as stringent as those set out in §53.041 of this subchapter. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the City of Pflugerville’s ordinance or local limits;
(ii)
A requirement for the contributing municipality to submit a
revised user inventory on at least an annual basis;
(iii)
A provision specifying which pretreatment implementation activities,
including wastewater discharge permit issuance, inspection and sampling,
and enforcement, will be conducted by the contributing municipality;
which of these activities will be conducted by the Pretreatment Coordinator;
and which of these activities will be conducted jointly by the contributing
municipality and Pretreatment Coordinator;
(iv)
A requirement for the contributing municipality to provide the
Pretreatment Coordinator with access to all information that the contributing
municipality obtains as part of its pretreatment activities;
(v)
Limits on the nature, quality, and volume of the contributing municipality’s
wastewater at the point where it discharges to the POTW;
(vi)
Requirements for monitoring the contributing municipality’s
discharge;
(vii)
A provision ensuring the Pretreatment Coordinator access to
the facilities of users located within the contributing municipality’s
jurisdictional boundaries for the purpose of inspection, sampling,
and any other duties deemed necessary by the Pretreatment Coordinator;
and
(viii)
A provision specifying remedies available for breach of the
terms of the inter-municipal agreement.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Preliminary
Investigation Reports.
(1)
Any IU, CIU or SIU of the POTW shall be required within 30 days of
request from the City to answer and reply to an industrial user survey
questionnaire form as promulgated by the Pretreatment Coordinator.
The purposes of the requirement for the form shall be to determine
the quality of the sewer effluent being discharged from any such user
into the POTW; for determination of compliance with the provisions
of this subchapter; or for a determination of whether pretreatment
approval should be requested from the City.
(2)
Should any User fail to reply in a satisfactory fashion to the questionnaire,
such failure to respond shall be considered a violation of the provisions
of this subchapter and subject any such person to the enforcement
provisions of this subchapter. The request to answer such questionnaire
shall be evidenced by the deposit of such questionnaire to the User
at its billing address as shown on the records of the public utility
or electronically to the Pretreatment Coordinator at the email address
noted in the questionnaire.
(3)
In addition to the enforcement provisions as provided for in this
division, the City, upon failure of any User to satisfactorily answer
the questionnaire as provided in this section, may cause the waste
being discharged from such user to be tested and the costs therefore
shall then be payable by the User to the city. Should such User fail
to pay such costs upon 30 days’ notice from the city, this shall
be considered as a failure to pay a city utility bill and utility
service may be cut off by the city upon the failure to make such payment.
(B)
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 IUs currently discharging to or scheduled to discharge
to the POTW shall submit to the Pretreatment Coordinator a report
which contains the information listed in paragraph (2), below. At
least ninety (90) days prior to commencement of their discharge, new
sources, and sources that will become CIUs subsequent to the promulgation
of an applicable categorical standard, shall submit to the Pretreatment
Coordinator a report which contains the information listed in paragraph
(2), below.
(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 classifications
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 or
estimated average daily and maximum daily flow, in gallons per day,
to the POTW from regulated process streams and other streams. If combined
wastestream formula applies, provide sufficient information to allow
combined wastestream formula to be determined set out in 40 CFR 403.6(e).
New sources must estimate flows.
(e)
Measurement of Pollutants.
(i)
The categorical pretreatment standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
(ii)
The results of sampling and analysis identifying the nature
and concentration, and/or mass, where required by the standard or
by the Pretreatment Coordinator, 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.
Sampling results submitted shall include the chain-of-custody forms.
(iii)
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in §53.045(K) of this subchapter. The frequency of monitoring for the reports of this section shall be prescribed in the applicable pretreatment standard. New sources must estimate concentrations. Where the Standard requires compliance with a BMP or pollution prevention alternative, the User shall submit documentation as required by the Pretreatment Coordinator or the applicable Standards to determine compliance with the Standard.
(iv)
The User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
paragraph.
(v)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment the User should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula in 40 CFR 403.6(e) to evaluate compliance
with the Pretreatment Standards. Where an alternate concentration
or mass limit has been calculated in accordance with 40 CFR 403.6(e)
this adjusted limit along with supporting data shall be submitted
to the Pretreatment Coordinator.
(vii)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant Discharges to the POTW.
(viii)
The Pretreatment Coordinator may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
(3)
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.
(4)
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 must be provided. 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 §53.045(C) of this subchapter.
(C)
Compliance
Schedule Progress Reports.
The following conditions shall apply to the compliance schedule required by §53.045(B)(4) of this subchapter:
(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 Pretreatment Coordinator
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 established schedule; and
(4)
In no event shall more than nine (9) months elapse between such progress
reports to Pretreatment Coordinator.
(D)
Reports
on Compliance with Categorical Pretreatment Standard Deadline.
(1)
Within ninety (90) days following the date for final compliance with applicable categorical 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 Pretreatment Coordinator a report containing the information described in §53.043(E)(1)(f) and (g) and (7) and §53.045(B)(2) of this subchapter.
(2)
In cases where the Pretreatment Standard requires compliance with
a Best Management Practice (BMP) or pollution prevention alternative,
the User must submit documentation required by the Pretreatment Coordinator
or submit the Pretreatment Standard necessary to determine the compliance
status of the User.
(3)
For Users subject to equivalent mass or concentration limits established in accordance with the procedures in §53.041(B), 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.
(E)
Periodic
Compliance Reports.
(1)
All SIU must, at a frequency determined by Pretreatment Coordinator
submit no less than twice per year (June and December) reports indicating
the nature, 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. In cases where the
Pretreatment Standard requires compliance with a Best Management Practice
(BMP) or pollution prevention alternative, the User must submit documentation
required by the Pretreatment Coordinator or the Pretreatment Standard
necessary to determine the compliance status of the User.
(2)
In addition, this report shall include a record of measured or estimated
average and maximum daily flows and data obtained through appropriate
sampling and analysis performed during the reporting period. At the
discretion of the Pretreatment Coordinator and in consideration of
such factors as local high or low flow rates, holidays, budget cycles,
etc., the Pretreatment Coordinator may agree to alter the months during
which reports under this subsection are to be submitted.
(3)
At the Pretreatment Coordinator’s discretion, sampling and
analysis may be performed by the City in lieu of the User.
(4)
All Periodic Compliance Reports must be signed and certified in accordance with §53.045(N) of this subchapter.
(5)
If a User subject to the reporting requirement in this section monitors any pollutant more frequently than required by the wastewater discharge permit, the sample collection shall be in conformance to §53.045(K) (Sample Collection) and analysis shall be in conformance to §53.045(J) (Analytical Requirements). The User shall include results of this monitoring in the report. Sampling results submitted shall include the chain-of-custody forms.
(6)
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.
(F)
Reports
of Changed Conditions.
Each User must notify Pretreatment
Coordinator of any significant changes to the User’s operations
or system which might alter the nature, quality, or volume of its
wastewater at least thirty (30) days before the change.
(G)
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, a Slug Discharge or Slug Load, that might cause potential
problems for the POTW, the User shall immediately telephone and notify
the Pretreatment Coordinator 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)
Within five (5) days following such discharge, the User shall, unless
waived by Pretreatment Coordinator, submit a detailed written report
describing the cause(s) of the discharge and the measures to be taken
by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense, loss, damage, or other
liability which might be incurred as a result of damage to the POTW,
natural resources, or any other damage to person or property; nor
shall such notification relieve the User of any fines, penalties,
or other liability which may be imposed pursuant to this subchapter.
(3)
A notice shall be permanently posted on the User’s bulletin
board or other prominent place advising employees who to call in the
event of a discharge described in paragraph (1), above. Employers
shall ensure that all employees, who could cause such a discharge
to occur, are advised of the emergency notification procedure.
(4)
SIUs are required to notify the Pretreatment Coordinator immediately
of any changes at its facility affecting the potential for a Slug
Discharge.
(H)
Reports
from Unpermitted Users.
(1)
All Users not required to obtain a wastewater discharge permit shall
provide within thirty (30) days, the completed industrial user survey
questionnaire to the Pretreatment Coordinator, if requested.
(2)
Should any User fail to reply in a satisfactory fashion to the questionnaire,
such failure to respond shall be considered a violation of the provisions
of this division and subject any such person to the enforcement provisions
of this division.
(3)
In addition to the enforcement provisions noted in §53.049 and §53.050, the Pretreatment Coordinator, upon failure of any User to satisfactorily answer the questionnaire, may cause the waste being discharged from such User to be tested and the costs therefore shall then be payable by the User to the city. Should such User fail to pay such costs upon 30 days’ notice from the city, this shall be considered as a failure to pay a city utility bill and utility service may be cut off by the city upon the failure to make such payment.
(I)
Notice
of Violation/Repeat Sampling and Reporting.
(1)
If sampling performed by a User indicates a violation, the User must
notify Pretreatment Coordinator 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 Pretreatment
Coordinator within thirty (30) days after becoming aware of the violation.
(2)
Resampling by the IU is not required if:
(a)
The City performs sampling at the User’s facility at least
once a month; or
(b)
The City performs sampling at the User between the time when the
initial sampling was conducted and the time when the User or the City
receives the results of this sampling; or
(c)
The City has performed the sampling and analysis in lieu of the IU.
(J)
Analytical
Requirements.
All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR Part 136 and amendments thereto, 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, or where the EPA determines that the Part
136 sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analyses shall be performed by using validated
analytical methods or any other applicable sampling and analytical
procedures, including procedures suggested by the Pretreatment Coordinator
or other parties approved by EPA.
(K)
Sample
Collection.
Samples collected to satisfy reporting requirements
must be based on data obtained through appropriate sampling and analysis
performed during the period covered by the report, based on data that
is representative of conditions occurring during the reporting period.
(1)
Except as indicated in subsections (2) and (3) below, the User must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by Pretreatment Coordinator. Where time proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(2)
Samples for oil and grease, temperature, pH, cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(3)
For sampling required in support of baseline monitoring and compliance reports required in §53.045(B), (D), and (E), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, Pretreatment Coordinator may authorize a lower minimum. For the reports required by paragraphs §53.045(E), the IU is required to collect the number of grab samples necessary to assess and assure compliance by with applicable Pretreatment Standards and Requirements. Sampling results submitted shall include the chain-of-custody forms.
(L)
Date
of Receipts of Reports.
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, or sent electronically, the date
of receipt of the report shall govern.
(M)
Recordkeeping.
Users and the POTW subject to the reporting requirements of
this subchapter shall retain, and make available for inspection and
copying, all records of information obtained pursuant to any monitoring
activities required by this subchapter, any additional records of
information obtained pursuant to monitoring activities undertaken
by the User independent of such requirements, and documentation associated
with Best Management Practices. 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 including documentation associated
with Best Management Practices 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 City,
or where the User has been specifically notified of a longer retention
period by the City.
(N)
Certification
Statements.
Certification of Permit Applications, and User Reports - The following certification statement is required to be signed and submitted by Users submitting permit applications in accordance with §53.043(F); Users submitting baseline monitoring reports under §53.045(B); Users submitting reports on compliance with the categorical Pretreatment Standard deadlines under §53.045(D); and Users submitting periodic compliance reports required by §53.045(E). The following certification statement must be signed by an Authorized Representative as defined in §53.040(D)(3):
“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.”
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Monitoring
Facilities.
(1)
The City shall require monitoring facilities, to be provided and
operated at the IU’s own expense, to allow inspection, sampling
and flow measurement of the building sewer and/or internal drainage
systems. The monitoring facility should normally be situated on the
User’s premises, but the City may, when such a location would
be impractical or cause undue hardship on the User, allow the facility
to be constructed in the public street or sidewalk area and located
so that it will not be obstructed by landscaping or parked vehicles.
(2)
There shall be ample room in or near a sampling manhole or facility
to allow accurate sampling and preparation of samples for analysis.
The facility and sampling and measuring equipment shall be maintained
at all times in a safe and proper operating condition at the expense
of the user.
(3)
Whether constructed on public or private property, the sampling and
monitoring facilities required by this section shall be provided in
accordance with the city’s requirements and all applicable local
construction standards and specifications. Construction shall be completed
within 90 days following written notification by the City.
(B)
Right
of Entry: Inspection and Sampling.
Pretreatment Coordinator
shall have the right to enter the premises of any User to determine
whether the User is complying with all requirements of this subchapter
and any individual wastewater discharge permit or order issued hereunder.
Users shall allow Pretreatment Coordinator 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, Pretreatment Coordinator
shall be permitted to enter without delay for the purposes of performing
specific responsibilities.
(2)
Pretreatment Coordinator 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)
Pretreatment Coordinator 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 Pretreatment Coordinator
and shall not be replaced. The costs of clearing such access shall
be borne by the User.
(5)
Delays greater than one hour in allowing Pretreatment Coordinator
access to the User’s premises shall be a violation of this subchapter.
(6)
In accordance with 40 CFR 403.8(f)(2)(v), the City shall inspect
and monitor each permitted significant industrial user a minimum of
once per year. If the City elects to perform compliance monitoring
for the industry, then the City will monitor the industry a minimum
of once every 6 months.
(C)
Search
Warrants.
If the City 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 subchapter,
or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program of the City designed to verify compliance
with this subchapter or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community,
then the City may seek issuance of a search warrant from the appropriate
court.
(Ordinance 1509-21-08-24, passed 8-24-21)
Information and data on a User obtained from reports, surveys,
wastewater discharge permit applications, wastewater discharge permits,
and monitoring programs, and from 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 Pretreatment Coordinator, 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 TPDES program or pretreatment program, and
in enforcement proceedings involving the person furnishing the report.
Wastewater constituents and characteristics and other effluent data,
as defined at 40 CFR §2.302 shall not be recognized as confidential
information and shall be available to the public without restriction.
(Ordinance 1509-21-08-24, passed 8-24-21)
The City shall publish annually, in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the POTW, a list of the Users which, at any time during the previous
twelve (12) months, were in Significant Noncompliance with applicable
Pretreatment Standards and Requirements. The term Significant Noncompliance
shall be applicable to all Significant Industrial Users (or any other
Industrial User that violates paragraphs (3), (4) or (8) of this Section)
and shall mean:
(1)
Chronic violations of wastewater discharge limits, defined here as those in which sixty six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six (6) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in §53.041;
(2)
Technical Review Criteria (TRC) violations, defined here as those in which thirty three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by §53.041 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 violation of a Pretreatment Standard or Requirement as defined by §53.041 (Daily Maximum, long term average, Instantaneous Limit, or narrative standard) that the Pretreatment Coordinator determines 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 a pollutant that has caused imminent endangerment to
the public or to the environment, or has resulted in the Pretreatment
Coordinator’s exercise of its 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 forty five (45) 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 may include a violation of Best Management
Practices, which the Pretreatment Coordinator determines will adversely
affect the operation or implementation of the local pretreatment program.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Notification
of Violation.
(1)
When the Pretreatment Coordinator finds that a User has violated,
or continues to violate, any provision of this subchapter, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Pretreatment Coordinator may serve upon
that User a written Notice of Violation. Such notice and order shall
state:
(2)
Within thirty (30) days of the receipt of this notice, 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 Pretreatment Coordinator. 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 Pretreatment Coordinator
to take any action, including emergency actions or any other enforcement
action, without first issuing a Notice of Violation.
(B)
Consent
Orders.
The City may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §53.049(D) of this subchapter and shall be judicially enforceable.
(C)
Show
Cause Hearing.
The City may order a User which has violated,
or continues to violate, any provision of this subchapter, a wastewater
discharge permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement, to appear before Pretreatment Coordinator
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
electronically or by registered or certified mail (return receipt
requested) at least fifteen (15) 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.
(D)
Administrative
Orders.
(1)
Compliance Orders.
When Pretreatment Coordinator finds
that a User has violated, or continues to violate, any provision of
this subchapter, a wastewater discharge permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement, the City may issue
an 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.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a Pretreatment Standard or Requirement, nor does a
compliance order relieve the User of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the User. The Pretreatment Coordinator may grant a
variance in compliance dates to a user when, in the Pretreatment Coordinator’s
opinion, such action is necessary to achieve pretreatment or corrective
measures. In no case shall the Pretreatment Coordinator grant a variance
in compliance dates to an industry affected by national categorical
pretreatment standards beyond the compliance dates established by
the EPA.
(2)
Cease and Desist Orders.
When Pretreatment Coordinator
finds that a User has violated, or continues to violate, any provision
of this subchapter, 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 City may
issue an order to the User directing it to cease and desist all such
violations and directing the User to:
(a)
Immediately comply with all requirements; and
(b)
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. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the User.
(E)
Administrative
Fines.
(1)
When the Pretreatment Coordinator finds that a User has violated,
or continues to violate, any provision of this subchapter, a wastewater
discharge permit or order issued hereunder, or any other Pretreatment
Standard or Requirement, the City may fine such User in an amount
not to exceed Two-Thousand Dollars ($2,000) on a per-violation, per-day
basis. In the case of monthly or other long-term average discharge
limits, fines shall be assessed for each day during the period of
violation.
(2)
Users desiring to dispute such fines must file a written request
for the City to reconsider the fine along with full payment of the
fine amount within fifteen (15) days of being notified of the fine.
Where a request has merit, the City may convene a hearing on the matter
within thirty (30) business days. In the event the User’s appeal
is successful, the payment, together with any interest accruing thereto,
shall be returned to the User. The City may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
(3)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the User
(F)
Emergency
Suspensions.
(1)
The City 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 City 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.
(a)
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, Pretreatment Coordinator 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 City may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of Pretreatment Coordinator that the period of endangerment has passed, unless the termination proceedings in §53.049(F) of this subchapter are initiated against the User.
(b)
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 Pretreatment Coordinator prior to the date of any show cause or termination hearing under §53.049(C) or (F) of this subchapter.
(2)
Nothing in this Section shall be interpreted as requiring a hearing
prior to any Emergency Suspension under this Section.
(G)
Termination
of Discharge.
In addition to the provisions in §53.044(E) of this subchapter, 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)
Failure to pay the City for the cost incurred by the City in testing of wastes discharged from User for the Preliminary Investigation Reports per §53.045(A)(3), when the User did not satisfactorily answer the industrial user survey questionnaire.
(5)
Refusal of reasonable access to the User’s premises for the
purpose of inspection, monitoring, or sampling; or
(7)
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under §53.049(C) of this subchapter why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the User.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Injunctive
Relief.
When Pretreatment Coordinator finds that a User
has violated, or continues to violate, any provision of this subchapter,
a wastewater discharge permit, or order issued hereunder, or any other
Pretreatment Standard or Requirement, the City may petition the appropriate
District Court through the City’s Attorney for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the individual wastewater discharge
permit, order, or other requirement imposed by this subchapter on
activities of the User. The City 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 subchapter, a wastewater discharge permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement shall be liable
to the City for a maximum civil penalty of Two-Thousand Dollars ($2,000)
per violation, per day. 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 City 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 City.
(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.
(1)
A User who willfully or negligently violates any provision of this
subchapter, a wastewater discharge permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
Two Thousand Dollars ($2,000.00) per violation, per day, or imprisonment
as decided by the appropriate District Court, or both.
(2)
A User who willfully or negligently 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 a maximum
penalty of Two Thousand Dollars ($2,000.00) per violation, per day,
or be subject to imprisonment as decided by the appropriate District
Court, or both. This penalty shall be in addition to any other cause
of action for personal injury or property damage available under State
law.
(3)
A User who knowingly 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
subchapter, individual wastewater discharge permit, or order issued
hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this subchapter shall,
upon conviction, be punished by a fine of not more than Two Thousand
Dollars ($2,000.00) per violation, per day, or imprisonment as decided
by the appropriate District Court, or both.
(4)
Criminal Responsibility: A person is criminally responsible for a
violation of this Subchapter if the person negligently, knowingly,
or willfully commits or assists in the commission of a violation,
or causes or permits another person to commit a violation.
(D)
Remedies
Nonexclusive.
The remedies provided for in this subchapter
are not exclusive. The City 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 City’s enforcement
response plan. However, the City may take other action against any
User when the circumstances warrant. Further, the City is empowered
to take more than one enforcement action against any noncompliant
User.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Act
of God Defense.
(1)
Act of God defense: The Act of God defense constitutes a statutory
affirmative defense [Texas Water Code §7.251] in an action brought
in municipal or State court. If a User can establish that an event
that would otherwise be a violation of a pretreatment ordinance, or
a permit issued under the ordinance, was caused solely by an act of
God, war, strike, riot, or other catastrophe, the event is not a violation
of the ordinance or permit.
(2)
A User who wishes to establish the Act of God affirmative defense
shall demonstrate, through relevant evidence that:
(a)
An event that would otherwise be a violation of a pretreatment ordinance
or a permit issued under the ordinance occurred, and the sole cause
of the event was an act of God, war, strike, riot or other catastrophe;
and
(b)
The User IU has submitted the following information to the City within
24 hours of becoming aware of the event that would otherwise be a
violation of a pretreatment ordinance or permit issued under the ordinance
(if information is provided orally, a written submission must be provided
within five days):
(i)
A description of the event, and the nature and cause of the event;
(ii)
The time period of the event, including exact dates and times
or, if still continuing, the anticipated time the event is expected
to continue; and
(iii)
Steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
(3)
Burden of proof: In an enforcement, the User seeking to establish
the Act of God affirmative defense shall have the burden of proving
by a preponderance of the evidence that an event that would otherwise
be a violation of a pretreatment ordinance, or a permit issued under
the ordinance, was caused solely by an act of God, war, strike, riot
or other catastrophe.
(B)
Bypass.
(1)
For the purposes of this Section,
(a)
Bypass means the intentional diversion of wastestreams from any portion
of a User’s treatment facility.
(b)
Severe property damage means 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.
(2)
A User may allow any bypass to occur which does not cause Pretreatment
Standards or Requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses
are not subject to the provision of paragraphs (3) and (4) of this
Section.
(3)
Bypass Notifications:
(a)
If a User knows in advance of the need for a bypass, it shall submit
prior notice to Pretreatment Coordinator, at least ten (10) days before
the date of the bypass, if possible.
(b)
A User shall submit oral notice to Pretreatment Coordinator 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. Pretreatment Coordinator may waive
the written report on a case-by-case basis if the oral report has
been received within twenty four (24) hours.
(4)
Bypass:
(a)
Bypass is prohibited, and Pretreatment Coordinator 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 back up 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
(iii)
The User submitted notices as required under paragraph (C) [sic]
of this section.
(5)
Pretreatment Coordinator may approve an anticipated bypass, after
considering its adverse effects, if Pretreatment Coordinator determines
that it will meet the three conditions listed in paragraph (4)(a)
of this Section.
(Ordinance 1509-21-08-24, passed 8-24-21)
(A)
Pretreatment
Charges and Fees.
The City may adopt reasonable fees
for reimbursement of costs of setting up and operating the City’s
Pretreatment Program, which may include:
(1)
Fees for wastewater discharge permit applications including the cost
of processing such applications;
(2)
Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing a User’s discharge, and
reviewing monitoring reports and certification statements submitted
by Users;
(3)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(4)
Fees for filing appeals;
(5)
Fees to recover administrative and legal costs associated with the
enforcement activity taken by the Pretreatment Coordinator to address
IU noncompliance; and
(6)
Other fees as the City may deem necessary to carry out the requirements
contained herein. These fees relate solely to the matters covered
by this subchapter and are separate from all other fees, fines, and
penalties chargeable by the City.
(B)
Surcharge
for High Strength Wastewater.
(1)
A User discharging wastewater to the POTW with BOD, TSS, Ammonia-Nitrogen,
and Phosphorus of concentrations higher than normal domestic wastewater
as defined in §53.040(D)(43) shall pay a monthly surcharge in
addition to the usual monthly sewer charge.
(2)
The City shall calculate the surcharge under this section using cost
factors based on the capital and operating cost of wastewater facilities
necessary to treat the high strength wastewater and equitable distribution
of the cost of operation, maintenance, and improvement to the POTW.
(3)
Wastewater discharges to the POTW from IUs that meet the following
criteria for high-strength wastewater will be assessed surcharge fees:
(a)
5-day Biochemical Oxygen Demand (BOD) concentrations greater than
250 mg/l
(b)
Chemical Oxygen Demand (COD) concentrations greater than 450 mg/l.
(c)
Total Suspended Solids (TSS) concentrations greater than 250 mg/l
(d)
Total Kjeldahl Nitrogen (TKN) concentrations greater than 50 mg/l
(e)
Total Phosphorus (TP) concentrations greater than 8 mg/l
(4)
The surcharge will be assessed according to the following formula
each month using the most current pollutant concentration data and
the current months’ wastewater flow at the end of pipe:
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If COD concentration greater than 450 mg/l, surcharge will be
calculated:
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S = V * 8.34 * (A*[COD-450] + C*[TSS-250] + D*[TKN-50] + E*[TP-8])
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If COD concentration is less than 450 mg/l, surcharge will be
calculated:
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S = V * 8.34 * (B*[BOD-250] + B*[TSS-250] + C*[TKN-50] + D*[TP-8])
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S - Total monthly surcharge fee in dollars ($)
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V - Monthly wastewater flow in million gallons (MG)
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A - Unit cost of treatment per pound of COD ($0.15/lb COD)
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B - Unit cost of treatment per pound of BOD ($0.27/lb BOD)
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C - Unit cost of treatment per pound of TSS ($0.19/lb TSS)
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D - Unit cost of treatment per pound of TKN ($0.65/lb TKN)
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E - Unit cost of treatment per pound of TP ($1.95/lb TP)
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COD - Average concentration of COD in discharge (mg/l)
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BOD - Average concentration of 5-day BOD in discharge (mg/l)
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TSS - Average concentration of TSS in discharge (mg/l)
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TKN - Average concentration of TKN in discharge (mg/l)
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TP - Average concentration of TP in discharge (mg/l)
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(5)
The City may periodically reevaluate the unit cost of treatment for
the pollutants and adjust the surcharge rate accordingly to reflect
changes in POTW operation and maintenance and other applicable costs.
(Ordinance 1509-21-08-24, passed 8-24-21)
