(A)
Purpose
and policy.
(1)
This subchapter sets forth uniform requirements for liquid waste
generators operating in the City of Pflugerville, Texas and enables
the City to comply with all applicable State and Federal laws and
regulations, including the Clean Water Act (33 United States Code
§ 1251 et seq.).
(2)
The objectives of this subchapter are:
(a)
To aid in the prevention of sanitary sewer overflows resulting from
blockages and obstructions due to the accumulation of fats, oils,
and greases from commercial and industrial facilities;
(b)
To aid in the prevention of recurring sewer line cleaning to remove
blockages due to the accumulation of fats, oils, and greases from
commercial and industrial facilities;
(c)
To aid in the prevention of additional inspections and cleaning of
manholes, lift stations, and air-release valves due to the accumulation
of fats, oils, and greases from commercial and industrial facilities;
(d)
To promote the proper maintenance of grease interceptors and grit
traps/oil separators; and
(e)
To ensure the proper handling, disposal, transport and tracking of
grease interceptor waste, grit trap/oil separation waste, and other
liquid waste.
(B)
Administration.
This subchapter shall be designated as the FOG Management Ordinance.
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 the Pretreatment Coordinator
may be delegated 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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AGCD - automatic grease removal device
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BOD - Biochemical Oxygen Demand
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BMP - Best Management Practice
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CFR - Code of Federal Regulations
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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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gpm - gallons per minute
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GGI - gravity grease interceptor
|
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HGI - hydromechanical grease interceptor
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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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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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SSO - Sanitary sewer overflow
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TAC - Texas Administrative Code
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TCEQ - Texas Commission on Environmental Quality
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TSS - Total Suspended Solids
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U.S.C. - United States Code
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(D)
APPROVED.
ASSISTANT CITY MANAGER - PUBLIC WORKS.
BEST MANAGEMENT PRACTICES OR BMPS.
BROWN GREASE.
CAR WASH.
CHEMICAL OXYGEN DEMAND (COD).
CITY.
CITY MANAGER.
CONTROL MANHOLE (“SAMPLE PORT”).
DAILY MAXIMUM LIMIT.
DECANTING.
DIRECTOR.
DISPOSAL.
DISPOSAL SITE.
DISPOSER.
FATS, OILS, AND GREASE (FOG).
FOOD PROCESSING ESTABLISHMENT.
FOOD SERVICE ESTABLISHMENT.
FOOD SERVICE ESTABLISHMENT DISCHARGE PERMIT.
FOOD WASTE DISPOSAL UNIT (OR “GARBAGE GRINDER”).
GENERATOR.
GREASE CONTROL DEVICE.
GREASE INTERCEPTOR (OR “GREASE TRAP”).
GREASE INTERCEPTOR WASTE.
GRIT TRAP/OIL SEPARATOR (OR “GRIT TRAP”).
GRIT TRAP WASTE.
LIQUID WASTE.
HAZARDOUS WASTE.
(1)
(2)
MANIFEST (“TRIP TICKET”).
MANIFEST SYSTEM.
PERSON.
PRETREATMENT COORDINATOR.
PUBLIC NUISANCE.
PUBLICLY OWNED TREATMENT WORKS OR POTW.
RENDERABLE FOG CONTAINER (“GREASE BIN”).
SANITARY SEWER OVERFLOW.
SEPTAGE.
SOLIDS INTERCEPTOR.
SURCHARGE.
TCEQ.
TRANSPORTER (“LIQUID WASTE HAULER” AND “INDUSTRIAL
WASTE HAULER”).
WASHWATER.
WASHWATER OPERATION.
YELLOW GREASE.
Definitions.
The definitions promulgated in §53.040(D) of this chapter are hereto applicable.
Accepted as satisfactory under the terms of this chapter
and given formal and official sanction by the City of Pflugerville.
The chief executive officer of the utility department of
the City of Pflugerville or his/her authorized deputy, agent or representative.
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.
Floatable fats, oils, grease and settled solids produced
during food preparation that are recovered from grease control devices.
Establishments primarily engaged in cleaning, washing, and/or
waxing automotive vehicles, such as passenger cars, trucks, vans,
and trailers and are categorized by North American Industry Classification
System number 811192 and by Standard Industrial Classification number
7542.
The value of the test for chemical oxygen demand, as analyzed
in accordance with 40 CFR § 136.3.
The City of Pflugerville, Texas.
The chief executive officer of the City of Pflugerville or
his/her authorized deputy, agent, or representative.
A manhole giving access to a building sewer to make visual
observation and collect representative samples at a location downstream
of the grease removal device but before the building sewer discharge
mixes with other discharges in the public sewer.
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.
Discharging of removed wastewater back into the grease control
device, for the purpose of reducing the volume to be hauled or for
recharging the grease control device.
The Public Utility Director of the City of Pflugerville or
his authorized deputy, agent or representative.
The discharge, deposit, release, injection, dumping, spilling,
leaking, or placing of any liquid waste into or on any land or water
so that such waste or any constituent thereof may enter the environment,
be emitted into the air or discharged to any sewers or waters, including
ground waters.
A permitted site or part of a site at which liquid waste
is processed, treated, and/or intentionally placed into or on any
land and at which the waste will remain after site closure.
A person who receives, stores, retains, processes, or disposes
of liquid waste.
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.”
Any establishment or facility in which food for consumption
is manufactured, processed, or packaged.
Any public or private establishment that prepares or serves
food including, but not limited to assisted living facilities, bakeries,
bars and taverns, butcher shops, cafes, clubhouses, coffee shops,
commissary or similar facility in which food or drink is prepared
for sale or for service on the premises or elsewhere, convenience
stores, delicatessens, grocery stores, ice cream parlors, hospitals,
hotels, nursing homes, restaurants, schools, or similar places where
meat, poultry, seafood, dairy products, or fried foods are prepared,
served, or offered for sale, but shall not apply to any single-family
residence or dwelling not used for the commercial preparation and
sale of food items. A food service establishment does not include
an establishment that offers only prepackaged foods that are not time
/ temperature controlled for food safety, a produce stand that only
offers whole, uncut fresh fruits and vegetables, a food processing
plant, a cottage food industry, an area where cottage food is prepared,
sold, or offered for human consumption, a Bed and Breakfast Limited
facility as defined in 25 TAC §228.2 (10), or a private home
that receives catered or home-delivered food.
A permit that may be issued by the Director that authorizes
the discharge of treated or not treated non-domestic wastewater from
the establishment.
A fixture in a food service establishment that is used to
grind up food wastes prior to discharge to a solids interceptor, grease
control device, or sanitary sewer. The food waste must be 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 Pretreatment
coordinator 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.
Any person who causes, creates, generates, or otherwise produces
liquid waste, or a person who for any reason has a liquid waste removed
from his property by a registered transporter of liquid waste.
A device used to collect, contain, and remove food waste,
including FOG, from the wastewater while allowing the remaining wastewater
to be discharged to the sanitary sewer system by gravity. Devices
include gravity grease interceptors, grease traps, hydromechanical
grease interceptors, automatic grease removal devices, or other devices
approved by the City.
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.
Any organic, inorganic, greasy or fatty liquid, semi-liquid,
and/or solid wastes collected by and removed from a grease interceptor.
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.
Oil and grease waste, inorganic solids generated by a commercial
facility that are collected by and removed from a grit trap.
Water-borne solids and liquids containing dissolved or suspended
waste material including but not limited to septage and wastes from
grease control devices and grit traps.
Any liquid, semi-liquid or solid waste (or combination of
wastes), which because of its quantity, concentration, physical, chemical
or infectious characteristics may:
Have any of the following characteristics: toxic, corrosive,
and irritant, a strong sensitizer, flammable or combustible, explosive
or otherwise capable of causing substantial personal injury or illness;
Pose a substantial hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise
improperly managed, and is identified or listed as a hazardous waste
as defined by the Texas Solid Waste Disposal Act or the administrator,
EPA pursuant to the Federal “Solid Waste Disposal Act”,
as amended by the RCRA of 1976”, and as it may be amended in
the future.
The written multi-part documentation required to be in the
possession of the transporter enabling disposal of hauled grit trap
waste, grease trap waste, and septage at a permitted or registered
disposal site in accordance with 30 TAC Chapter 312, Subchapter G,
Section 312.145.
A system consisting of a five-part trip ticket used to document
the generation, transportation, and disposal of liquid waste in accordance
with 30 TAC Chapter 312, Subchapter G, Section 312.145.
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.
The person designated by the City to supervise industrial
discharge or non-domestic wastes of a liquid nature discharged 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.
The discharge or exposure of grease, sewage, or other organic
waste in such a way as to be a potential instrument or medium in disease
transmission to a person or between persons.
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 closed, leak-proof container used for the collection and
storage of yellow grease.
A sanitary sewer overflow (SSO) is a type of unauthorized
discharge of untreated or partially treated wastewater from a collection
system or its components (e.g., a manhole, lift station, or cleanout)
before reaching a treatment facility. [See also Texas Water Code Paragraph
26.049(e)(4).]
Liquid waste and sludge containing sufficient liquid content,
which is removed from a portable toilet, chemical toilet, septic tank,
or cesspool. Septage does not include non-domestic wastes from commercial
or industrial facilities.
A device that captures solid particles from a food waste
disposal unit prior to connection to a grease interceptor to prevent
blockage of flow control devices when used. The solids interceptor
shall be sized and rated for the discharge of the food waste disposers.
A charge in addition to the sewer use charge that is applied
to those wastestreams whose pollutant concentrations are more than
normal domestic sewage, including but not limited to BOD, COD, TSS,
and FOG.
The Texas Commission on Environmental Quality, and its predecessor
and successor agencies.
Any person who is registered with and authorized by the TCEQ
to transport sewage sludge, water treatment sludge, domestic septage,
chemical toilet waste, grit trap waste, or grease trap waste in accordance
with 30 TAC, Chapter 312, Subchapter G, Section 312.142.
The water-borne solids, liquids, gaseous substances or other
residue and debris resulting from a washing or cleaning process. Washwater
shall not be discharged to the storm sewer and may require pretreatment
before being discharged to the sanitary sewer.
Any cleaning process generally conducted outdoors, such as
washing vehicles, equipment, structures, or paved surfaces for maintenance,
safety, aesthetic, or stormwater pollution prevention purposes, and
which generates washwater. Examples would include cleaning of petroleum
products from parking lots or service station drives, mobile washing
operations or equipment/vehicle washing, which does not drain to a
grit trap/oil separator.
Kitchen cooking oil used in food preparation that has not
been in contact or contaminated with other sources such as water,
wastewater, or solid waste. An example of yellow grease is used cooking
or fryer oil, which can be recycled into products such as animal feed,
cosmetics, and alternative fuel. Yellow grease is also referred to
as a renderable raw material and shall be stored in a leak proof,
sealable container(s) located on the premises away from storm drains.
No wastes from a GCD shall be emptied into a yellow grease container.
Yellow grease shall be managed and transported in accordance with
Texas Health and Safety Code, Chapter 144.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Applicability.
This subchapter shall apply to all liquid waste generators that discharge into the publicly owned treatment works (POTW), as defined in §53.070(D) - definitions of this subchapter.
(1)
Grease interceptors or grease traps/oil separators shall not be required
for residential users.
(2)
Facilities generating fats, oils, or grease (FOG) as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease interceptors as required in §53.072 of this subchapter. These facilities include but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels, motels, schools, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.
(B)
Prohibitions.
(1)
It shall be unlawful for a generator to allow the discharge of any petroleum oil intentionally or unintentionally, non-biodegradable cutting oil, mineral oil, or any fats, oils, or grease of animal or vegetable origin into the POTW in concentrations greater than those promulgated in Title V, Chapter 53, of the City of Pflugerville Code of Ordinances.
(2)
It shall be unlawful to discharge wastes from a food waste disposal
unit located in a commercial kitchen directly into the sanitary sewer
without prior approval by the Director.
(3)
It shall be unlawful to discharge trucked or hauled pollutants, except
as deemed suitable and at discharge points designated by the Director.
(4)
It shall be unlawful for a person to create a public nuisance.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
New
facilities.
(1)
Food processing establishments and food service establishments which
are newly proposed or constructed, or existing facilities which will
be expanded or renovated to include a food service establishment,
where such establishment did not previously exist, shall be required
to design, install, operate, and maintain a grease interceptor in
accordance with locally adopted plumbing codes or other applicable
ordinances and guidelines as required by the City. Grease interceptors
shall be installed and inspected by the Pretreatment Coordinator prior
to approval by the City and the issuance of a certificate of occupancy
and a food processing establishment or food service establishment
health permit.
(2)
Facilities which perform washing, cleaning, or servicing of automobiles,
trucks, buses, or similar equipment which are newly proposed or constructed
with floor drains in areas of operation, shall be required to design,
install, operate, and maintain a grit trap/oil separator in accordance
with locally adopted plumbing codes or other applicable ordinances
and guidelines as required by the City. Grit traps/oil separators
shall be inspected by the Pretreatment Coordinator after installation
prior to approval by the City and issuance of a certificate of occupancy.
(B)
Existing
facilities
.
(1)
Existing grease interceptors or grit traps/oil separators must be operated and maintained in accordance with the manufacturer’s recommendations and in accordance with these standards referenced herein, unless specified in writing and approved by the POTW. Other commercial users may be required by the City to install an approved grease interceptor, grit trap/oil separator when the concentration of oil, grease waste or suspended solids is greater than concentrations promulgated in Title V, Chapter 53, of the City of Pflugerville Code of Ordinances or when discharges may cause blockages in the wastewater collection system. Grease interceptors shall be inspected by the Pretreatment Coordinator after installation and prior to approval by the City.
(2)
Existing food processing establishments or food service establishments
that change in ownership, or existing facilities which will be expanded
or renovated to include a food service facility, where such facility
did not previously exist or where there is an inadequately sized grease
interceptor, shall be required to design, install, operate, and maintain
a grease interceptor in accordance with locally adopted plumbing codes,
or other applicable ordinances and guidelines as required by the City.
Existing food service establishments, which have caused or contributed
to grease-related blockage in the sewer system, or which have sewer
laterals connected to hot spots, or which have been determined to
contribute significant FOG to the sewer system by the Pretreatment
Coordinator based on inspection or monitoring, shall be deemed to
have reasonable potential to adversely impact the sewer system, and
shall install grease interceptors within one-hundred eighty (180)
days upon notification by the City. Grease interceptors shall be inspected
by the Pretreatment Coordinator after installation but prior to approval
and the issuance of a food processing establishment or food service
establishment health permit.
(3)
Existing facilities which perform washing, cleaning, or servicing
of automobiles, trucks, buses, or similar equipment with floor drains
in the areas of operation that change in ownership or are expanded
or renovated to include floor drains in areas of operation shall be
required to design, install, operate, and maintain a grit trap/oil
separator in accordance with the locally adopted plumbing code, or
other applicable ordinances and guidelines as required by the City.
Grit traps/oil separators shall be inspected by the Pretreatment Coordinator
after installation but prior to approval by the City and the issuance
of a certificate of occupancy.
(C)
Control
manhole or sampling port.
A generator that is a new facility
shall install a control manhole or sample port to allow access to
sample the wastestream as close as possible to the connection with
the City’s sanitary sewer main within the bounds of the facility
property. An existing facility which will be expanded or remodeled
may be required to install a port according to the specifications
of the City. The control manhole or port shall be installed and maintained
at the generator’s expense. The port shall be installed perpendicular
to the effluent flow to allow visual observation and representative
sampling. The control manhole or sample port shall be kept closed
when not in use and shall be installed in such a way as to not be
susceptible to infiltration and inflow. There shall be a free-fall
between the inlet and the outlet of the control manhole or sample
port of at least six (6) inches to allow for the collection of an
uncontaminated, representative grab sample of the effluent. A cleanout
shall not be installed to serve as a sample port unless approved by
the Director.
(D)
Grease
interceptor and control manhole or sampling port approval.
The Pretreatment Coordinator is authorized to review grease interceptor,
grit trap/oil separator, and control manhole and sampling port plans
and specifications submitted to the City and make recommendations
prior to approval by the City. The grease interceptor type, volume,
and grease production capacity should be determined in accordance
with the locally adopted plumbing code and the most current edition
of the American Society of Plumbing Engineers (ASPE) Design Handbook,
Volume 4, or using similar grease production values for the type of
food, number of meals served, and other factors deemed appropriate
by the City. The Pretreatment Coordinator is authorized to inspect
the grease control devices and control manhole or sampling port at
the site after installation and make recommendations prior to approval
by the City.
(E)
Single
Certificate of Occupancy.
Grease interceptors and grit
traps/oil separators shall be installed pursuant to a single certificate
of occupancy. No person or persons shall allow the use of a single
interceptor or trap by more than one business as defined by a certificate
of occupancy without prior written approval by the City Manager.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Variance
from Gravity Grease Interceptor Requirements.
If a food
service establishment can demonstrate that the installation of a gravity
grease interceptor is not necessary or feasible due to space, nature
of operations, or other considerations, the Director may issue a variance
from gravity grease interceptor requirements and authorize the installation
of alternative grease removal devices. Alternative grease removal
devices include, but are not limited to, HGI or other devices designed
to trap, separate, and hold grease from wastewater and prevent it
from being discharged to the POTW. All alternative grease removal
devices must be approved by the Director in advance of installation.
A food service establishment requesting a gravity grease interceptor
requirement variance shall submit the request in writing on a form
provided by the POTW. The Director’s determination to grant
a variance will be based upon, but not limited to, evaluation of the
following conditions:
(1)
There is not adequate space for installation and/or maintenance of
a grease interceptor.
(2)
There is not adequate slope for gravity flow between the kitchens
plumbing fixtures and the gravity grease interceptor and/or between
the gravity grease interceptor and the private sewer collection lines
or the public sewer.
(3)
The food service establishment can justify that the alternative grease
removal device is equivalent or better than a gravity grease interceptor
in controlling its FOG discharge.
(B)
Conditional
Waiver from Installation of Grease Interceptor.
A new
or remodeled existing food service establishment may obtain a conditional
waiver from installation of a grease interceptor, if the food service
establishment demonstrates that it has negligible FOG discharge and
insignificant impact to the sewer system. Although a waiver from installation
of grease interceptor may be granted, the food service establishment
may be required to provide space and plumbing segregation for future
installation of grease interceptor. A food service establishment requesting
a grease interceptor installation waiver shall submit the request
in writing on a form provided by the POTW. The Director’s determination
to grant or revoke a conditional waiver shall be based upon, but not
limited to, evaluation of the following conditions:
(1)
Quantity of FOG discharge as measured or as indicated by the size
of food service establishment based on seating capacity, number of
meals served, menu, water usage, amount of on-site consumption of
prepared food and other conditions that may reasonably be shown to
contribute to FOG discharges.
(2)
Adequacy of implementation of best management practices and compliance
history.
(3)
Sewer size, grade, condition based on visual information, FOG deposition
in the sewer by the food service establishment, and history of maintenance
and sewage spills and overflows in the receiving sewer system.
(4)
Changes in operations that may significantly affect FOG discharge.
(5)
Any other condition that may result in FOG discharges.
(C)
Terms
and conditions.
A variance or waiver shall contain terms
and conditions that serve as basis for its issuance. A waiver or variance
may be revoked at any time when any of the terms and conditions for
its issuance is not satisfied or if the conditions upon which the
waiver was based change so that the justification for the waiver no
longer exists. The waiver or variance shall be valid so long as the
food service establishment remains in compliance with their terms
and conditions until the expiration date specified in the variance
or waiver.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
General.
(1)
Generator requirements.
A generator shall:
(a)
Provide equipment and facilities at the generator’s cost of
a type, size, and capacity approved by the City;
(b)
Locate the grease interceptor or grit trap/oil separator in a manner
that provides ready and easy accessibility for sampling, cleaning,
maintenance, and inspection;
(c)
Maintain the grease interceptor or grit trap/oil separator in effective
operating condition.
(d)
Not alter the design or function of the grease interceptor or grit
trap/oil separator unless approved in writing by the Director.
(e)
Supervise proper cleaning and complete removal of the contents of
the grease interceptor or grit trap/oil separator.
(f)
Verify the accuracy of the trip ticket from the transporter and then
legibly complete and sign the trip ticket, to certify the statements
on the trip ticket, when a load is picked up by the transporter.
(g)
Maintain the grease interceptor or grit trap/oil separator and its
surrounding areas in sanitary conditions, free of litter and odors.
(h)
Immediately report spills and accidents involving liquid waste to
the Director.
(i)
Clean up all spills and abate all unsanitary conditions immediately,
and have material used for abatement, such as absorbent materials,
disposed of by approved means and in a timely manner.
(j)
A generator of washwater or other liquid waste shall:
(i)
Contain, collect, and dispose of liquid waste by approved means;
(ii)
Protect the storm sewer system and the environment from discharges
of liquid waste or other contaminants;
(iii)
Use approved methods for on-site or mobile treatment of liquid
waste; and
(iv)
Accurately measure, by approved means, the volume of liquid
waste collected and disposed of by the transporter.
(2)
Rates for sampling and/or analysis.
Should any sampling
and/or analysis be required by City staff pursuant to any provision
in this subchapter provided for generators, then the generator shall
reimburse the City for the cost of sampling and testing and will be
charged and shall be paid by the generator.
(3)
Full interceptor evacuation.
Each grease interceptor
or grit trap/oil separator that is pumped shall be fully evacuated
unless the interceptor or grit trap volume is greater than the tank
capacity on the vacuum truck in which case the transporter shall arrange
for additional transportation capacity so that the trap is fully evacuated
within a twenty-four-hour period, in accordance with 30 TAC §312.143.
(B)
Cleaning
Schedule.
(1)
General.
All grease interceptors shall be cleaned as often as necessary at the generator’s expense to ensure that settled solids and floating materials do not accumulate to impair the efficiency of the grease interceptor; that the discharge is in compliance with local wastewater discharge limits; and, to ensure that no visible grease is observed in the discharge. The four walls and the bottom, baffles, stand-pipes, and fittings in the interceptors shall be cleaned to dislodge FOG and solids every time the interceptor is completely evacuated. The dislodged material shall be removed when the interceptor is evacuated. The interceptor shall be refilled such that the bottom of the effluent piping is submerged prior to placing back into operation to avoid FOG pass-through. At a minimum, if not required to be evacuated, cleaned, or inspected sooner as set forth below, a grease interceptor shall be fully evacuated, cleaned, and inspected at least once every ninety (90) days or as otherwise allowed by a cleaning variance approved by the Director as allowed by §53.074(C). The cleaning frequency shall not exceed once every one hundred eighty (180) days.
(2)
Single-Event and Scheduled Cleaning.
The Pretreatment
Coordinator may also require the grease interceptor or the grit trap/oil
separator to be serviced on a single-event basis or scheduled basis
if deemed necessary for the proper operation of the grease interceptor
or grit trap/oil separator.
(3)
Gravity Grease Interceptors.
Gravity grease interceptors
shall be completely evacuated, and the four (4) walls and bottom completely
cleaned to dislodge FOG and solids at a minimum of every ninety (90)
days, or more frequently when:
(a)
Twenty-five (25) percent or more of the wetted height of the grease
interceptor, as measured from the bottom of the device to the invert
of the outlet pipe, contains floating materials, sediment, oils, or
greases;
(b)
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant
levels established by the POTW;
(c)
The discharge of wastewater contains free-floating polar FOG on the
surface or adhering to the sides of storage containers. There should
be less than 0.25 inches of free-floating polar FOG in a sample; or
(d)
If there is a history of noncompliance.
(4)
Hydromechanical Grease Interceptors.
Hydromechanical
grease interceptors shall be completely evacuated, and the four (4)
walls and bottom completely cleaned to dislodge FOG and solids at
a frequency prescribed by the manufacturer, or every ninety (90) days,
whichever is most stringent, or more frequently when:
(a)
The rated grease capacity is reached;
(b)
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant
levels established by the POTW;
(c)
The discharge of wastewater contains free-floating polar FOG on the
surface or adhering to the sides of storage containers. There should
be less than 0.25 inches of free-floating polar FOG in a sample; or
(d)
If there is a history of noncompliance.
(5)
Automatic Grease Removal Devices.
Automatic grease removal
devices shall be maintained as follows:
(a)
Opened and inspected for food solids, FOG buildup, and functionality
of all parts at a minimum of once every two weeks;
(b)
The food solids collection basket and the grease collection bucket
shall be emptied of their contents at a minimum of once per day when
the FSE is in operation;
(c)
The device shall be inspected and completely evacuated, and the four
(4) walls and bottom completely cleaned to dislodge FOG and solids
at a minimum of every ninety (90) days, or more frequently when:
(i)
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant
levels established by the POTW;
(ii)
The discharge of wastewater contains free-floating polar FOG
on the surface or adhering to the sides of storage containers. There
should be less than 0.25 inches of free-floating polar FOG in a sample;
or
(iii)
If there is a history of noncompliance.
(6)
Grit Traps/Oil Separators.
Grit traps/oil separators
shall be completely evacuated and cleaned based on one (1) of the
two (2) following schedules in (a) and (b):
(a)
At a minimum of every ninety (90) days, or
(b)
At a frequency determined by the owner/operator if all of the following
best management practices are employed:
(i)
At a minimum of once per week, all facilities with a grit trap must
routinely check and perform preventive maintenance as required on
all connections, valves, hoses, chemical storage containers, drains,
and other equipment necessary to prevent an accidental release or
slug discharge of chemicals.
(ii)
At a minimum of once per month, all facilities with a grit trap
must routinely check the level of sediment in each grit trap in order
to determine a maintenance schedule that will facilitate consistent
compliance with all discharge limits and requirements.
(iii)
All self-service and coin-operated car wash facilities must
post and maintain signs, in an area that is clearly visible to the
public, directing customers not to dispose of oils or chemical wastes
at the facility.
(iv)
All facilities must document the best management practices,
including routine checks, preventive maintenance, and repair logs,
and maintain grit trap maintenance records for a minimum of three
(3) years and maintain transporter manifests for five (5) years as
required by 30 TAC Chapter 312, Subchapter G, Section 312.145.
(v)
If at any time, the above practices in §53.074(B)(6)(a) and (b) are not being employed or the required documentation is not available for review, the owner/operator will be required to perform maintenance on the grit trap(s)/oil separator(s) immediately and once every ninety (90) days thereafter. If deemed necessary, the Pretreatment Coordinator may also increase the maintenance frequency of the grit trap(s)/oil separator(s) from the current frequency until such time as the owner/operator can demonstrate consistent compliance with subsections (6)(b)(i)–(v).
(C)
Cleaning
Variance.
(1)
Any person who owns or operates a grease interceptor or grit trap/oil
separator may submit to the Director a request in writing on a form
provided by the POTW for a waiver to the required pumping frequency
of the grease interceptor or grit trap/oil separator. The Director
may grant an extension for required cleaning frequency on a case-by-case
basis when:
(a)
The grease interceptor owner/operator has demonstrated the specific interceptor will produce an effluent with no visible grease, and based on defensible analytical results, can demonstrate consistent compliance with established local discharge limits such as BOD, COD, TSS, TPH. or FOG limit in §53.041(A)(2), or other parameters as determined by the POTW; and
(b)
Less than fifteen (15) percent of the wetted height of the grease
interceptor, as measured from the bottom of the device to the invert
of the outlet pipe, contains floating materials, sediment, oils, or
greases.
(2)
If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in subsection (1)(a) or (b), the owner/operator shall be required to have the grease interceptor or grit trap/oil separator serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor or grit trap/oil separator. If deemed necessary, the Pretreatment Coordinator may also increase the maintenance frequency of the grease interceptor from the current frequency until such time as the owner/operator can demonstrate consistent compliance with subsection (1)(a) and (b).
(3)
The minimum cleaning frequency shall not exceed at least once every
one-hundred eight (180) days.
(D)
Use
of Additives and Bioremediation.
(1)
Additive general prohibition.
Additives are prohibited
for use as a grease management control and shall not be substituted
for the maintenance procedures required by this subchapter unless
approved by the Director.
(2)
Additive use approval required.
The generator shall
not install or utilize any system, process or pretreatment involving
the use of enzymes or other chemical additives without prior approval
by the Director, unless the system is for the purpose of cleaning
and sanitation of equipment and utensils as prescribed in local code.
Prior to the use of any additive within the establishment or interceptor
or grit trap/oil separator, including, but not limited to, products
that contain solvents, emulsifiers, surfactants, caustics, acids,
enzymes or bacteria, the generator must obtain approval by the Director
on a case-by-case basis. Requests for approval to use additives must
be made in writing to the Director using a form provided by the POTW.
(3)
Bioremediation media use approval required.
Bioremediation
media may be used with the Director’s approval if the generator
has proved to the satisfaction of the Director that laboratory testing
which is appropriate for the type of grease interceptor to be used
has verified that:
(a)
The media is a pure live bacterial product which is not inactivated
by the use of domestic or commercial disinfectants and detergents,
strong alkalis, acids, and/or water temperatures of 150°F (71°C).
(b)
The use of the media does not reduce the buoyancy of the grease layer
in the grease interceptor and does not increase the potential for
FOG to be discharged to the sanitary sewer.
(c)
The use of the bioremediation media does not cause foaming in the
grease interceptor or the sanitary sewer.
(d)
The BOD, COD, and TSS discharged to the sanitary sewer after use of the media does not exceed the BOD, COD, and TSS which would be discharged if the product were not being used and the grease interceptor was being properly maintained. The pH levels must be between 5.5 and 9.5 or as specified in §53.041(A)(2).
(e)
All testing designed to satisfy the criteria set forth in §53.073(E)(3)
shall be scientifically sound and statistically valid. All tests to
determine FOG, TSS, BOD, COD, pH, and other pollutant levels shall
use appropriate tests which have been approved by the EPA and the
TCEQ and which are defined in 40 CFR Part 136.. Testing shall be subject
to inspection by the POTW and shall meet the POTW’s approval.
(f)
Requests for approval to use bioremediation must be made in writing
to the Director using a form provided by the POTW.
(E)
Abandonment.
In the event that the generator ceases operation, the establishment
is required to notify the Director in writing at least thirty (30)
days prior to ceasing operation to obtain an approval letter and to
then obtain a plumbing permit. The generator shall follow the procedures
in the approval letter and guidelines developed by the City. If the
owner of the business fails to empty the interceptor or trap and to
follow the instructions and guidelines, it shall be a violation of
this subchapter and become the responsibility of the property owner.
(Ordinance 1508-21-08-24, passed 8-24-21)
Food service establishments found to have contributed to a sewer
blockage, sanitary sewer overflow or any sewer system interference
resulting from the discharge of wastewater or waste containing FOG,
shall be ordered to install and maintain a grease interceptor, and
may be subject to preparing and submitting plan to the Director to
abate the nuisance and prevent any future sewer line failures and
blockages, SSOs or any other sewer system interferences. SSOs may
cause threat and injury to public health, safety, and welfare of life
and property and are hereby declared public nuisances. Furthermore,
sewer lateral failures and SSOs caused by food service establishments
alone or collectively, are the responsibility of the private property
owner or food service establishment(s), and individual(s) as a responsible
officer or owner of the food service establishment. If the City must
act immediately to contain and clean up an SSO caused by blockage
of a private or public sewer lateral or system serving a food service
establishment, or at the request of the property owner or operator
of the food service establishment, or because of the failure of the
property owner or food service establishment to abate the condition
causing immediate threat of injury to the health, safety, welfare,
or property of the public, the City’s costs for such abatement
may be entirely borne by the property owner or operator of the food
service establishment, and individual(s) as a responsible officer
or owner of the food service establishment(s) and may constitute a
debt to the City and become due and payable upon the City’s
request for reimbursement of such costs.
(Ordinance 1508-21-08-24, passed 8-24-21)
The generator shall be required to keep all manifests, receipts
and invoices of all cleaning, maintenance, grease removal of/from
the grease control device, liquid waste transporter and disposal site
location. A copy of these records shall be maintained at the location
site.
(A)
Liquid
waste transporter registration and manifests.
(1)
Liquid waste disposal.
A generator of liquid waste shall
have all liquid waste material picked up from his/her premises by
a liquid waste transporter who holds a valid registration from the
TCEQ and holds a valid permit by the City, if issued. The liquid waste
shall be transported to an approved site for disposal.
(2)
Manifest record disposition and retention.
Copies of
transporter manifests shall be returned by the transporter to the
waste generator that is signed by the disposal site representative
within fifteen (15) days after the waste is received at the disposal
or processing facility. The waste generator shall retain a copy of
all manifests at the location where the waste is generated. Manifests
shall be retained for five (5) years as required by 30 TAC Chapter
312, Subchapter G, Section 312.145, and be readily available for review
by the City and the TCEQ upon request. A copy of any and all manifests
shall be sent to the Pretreatment Coordinator and the TCEQ upon request.
(B)
Records
available for review.
The generator shall, upon request,
make the receipts and invoices available to any City representative,
or inspector. These records may include:
(1)
Logs of grease interceptor, grease trap or grease control device
cleaning and maintenance practices.
(2)
Record of Best Management Practices being implemented including employee
training.
(3)
Records of sampling data and sludge height monitoring for FOG and
solids accumulation in the grease interceptors.
(4)
Records of any spills and/or cleaning of the lateral or sewer system.
(5)
Any other information deemed appropriate by the Pretreatment Coordinator
to ensure compliance with this subchapter.
(C)
Falsifying
Information or Tampering with Process.
It shall be unlawful
to make any false statement, representation, record, report, plan
or other document that is filed with the City, or to tamper with or
knowingly render inoperable any grease control device or monitoring
access point required under this subchapter.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Notification
of spill or potential violation.
(1)
In the event a generator is unable to comply with this subchapter
due to a breakdown of equipment, accidents, or human error or the
generator has reasonable opportunity to know that his/her/its discharge
will exceed the discharge provisions of this subchapter or has the
potential to cause or result in sewer blockages or SSOs, the discharger
shall immediately notify the Director by telephone as listed below:
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Public Utility Director
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Phone: 512-990-6400
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Fax: 512-989-1052
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After Hours Emergency
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512-990-6700, Option 0
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(2)
Written notification shall be made to the Pretreatment Coordinator
no later than five (5) working days from the date of the incident.
The written notification shall state the date and time of the incident,
the reasons for the discharge or spill, what steps were taken to immediately
correct the problem, and what steps are being taken to prevent the
problem from recurring.
(3)
Such notification shall not relieve the generator of any expense,
loss, damage, or other liability which may be incurred as a result
of damage or loss to the City or any other damage or loss to person
or property; nor shall such notification relieve the generator of
any fees or other liability which may be imposed by this subchapter
or other applicable law.
(B)
Notification
of planned changes.
The generator shall notify the Director
at least sixty (60) days in advance prior to any facility expansion/remodeling,
or process modifications that may result in new or substantially increased
FOG discharges or a change in the nature of the discharge. The generator
shall notify the Director in writing of the proposed expansion or
remodeling and shall submit any information requested for evaluation
of the effect of such expansion on generator’s wastewater discharge
characteristics to the sewer system.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Inspections.
The Pretreatment Coordinator and any third-party inspectors
approved by the Director shall have the right to enter the premises
of any generator to determine whether the generator is complying with
all requirements of this subchapter and any individual wastewater
discharge permit or order issued hereunder. Generators shall allow
the 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 generator has security measures in force which require proper
identification and clearance before entry into its premises, the generator
shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, Pretreatment Coordinator
and third-party inspectors approved by the Director shall be permitted
to enter without delay for the purposes of performing specific responsibilities
covered by this subchapter.
(2)
Unreasonable delays greater than one hour (1) in allowing Pretreatment
Coordinator access to the generator’s premises shall be a violation
of this subchapter.
(3)
The Pretreatment Coordinator shall inspect and monitor each generator
at least once per calendar year or more frequently as determined by
the Director to determine compliance with this subchapter. For generators
that demonstrate compliance with this subchapter consistently for
two consecutive years, the Director may adjust the inspection frequency
to once every two calendar years.
(B)
Monitoring.
(1)
The Pretreatment Coordinator shall have the right to set up on the
generator’s property, or require installation of, such devices
as are necessary to conduct sampling and/or metering of the generator’s
operations.
(2)
The Pretreatment Coordinator may require the generator to install
monitoring equipment, as necessary. The generator’s sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the generator at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
annually to ensure their accuracy.
(3)
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 generator at the written or verbal request of Pretreatment
Coordinator and shall not be replaced. The costs of clearing such
access shall be born by the generator.
(4)
Each food processing and food service establishment or liquid waste
transporter shall determine just prior to evacuation the percent of
the wetted height of the grease interceptor, as measured from the
bottom of the device to the invert of the outlet pipe, contains floating
materials, sediment, oils, or greases. The percentage of floating
solids and the percentage of settle solids shall be recorded on the
grease interceptor maintenance log provided by the POTW. The percentage
will be used by the Pretreatment Coordinator to estimate the relative
amounts of FOG and solids removed from the grease interceptor when
evacuated.
(C)
Third-party
inspections.
The Director is authorized to require each
food service and food processing establishment not less frequently
than once per calendar year, to cause a licensed plumber or other
qualified professional approved by the Director to inspect each GCD.
Consecutive inspections shall be scheduled at least three hundred
(300) days apart. After complete evacuation of the GCD, the licensed
plumber or other qualified professional approved by the Director shall
make a visual observation of and shall photograph all inlet and outlet
fittings, internal baffles, walls, floor and all other internal structures.
Each food service and food processing establishment shall cause the
licensed plumber or other qualified professional approved by the Director
conducting the inspection to provide a written report of the inspection
to the food service and food processing establishment that includes
the photographs that are required by this section and that provides
the name, address and telephone number of the licensed plumber or
other qualified professional approved by the Director conducting the
inspection, the date of the inspection, and a description of any defects
observed during the inspection. All defects shall be corrected by
each food service and food processing establishment within ninety
(90) days of each inspection. The Director reserves the right to require
all defects to be corrected by each food service and food processing
establishment within less than ninety (90) days or to require no discharge
from the GCD until all defects are corrected if significant amounts
of FOG would otherwise be discharged from the food service and food
processing establishment.
(Ordinance 1508-21-08-24, passed 8-24-21)
The Director is authorized to require a food service and food
processing establishment to implement BMPs in an effort to minimize
the discharge of FOG to the sewer system, including, but not limited
to, the following, as applicable:
(A)
Installation
of drain screens in sinks and on floors.
Drain screens
shall be installed on all drainage pipes in the kitchen area and placed
in sinks in food preparation areas. Food wastes and grease shall not
be flushed or placed down an unscreened drain.
(B)
Waste
cooking oil segregation.
All waste cooking oil (yellow
grease) shall be segregated from brown grease, collected, and stored
in recycling containers such as barrels or drums with leak proof covers.
The storage area shall be kept clean, and spills reported and cleaned
up immediately. Such recycling and storage containers shall be maintained
properly to ensure that they do not leak and kept covered except when
adding contents. Transporters of yellow grease must be registered
by the Texas Department of Health and Human Services as required by
Title 25, Part 1, Chapter 221, Subchapter A.
(C)
Disposal
of food waste.
All food waste shall be removed from plates,
pots, and pans directly into the trash, recycling, or compost bin
and not into sinks or drains prior to rinsing. The food waste shall
be disposed of in a manner that will ensure against leakage in storage
of trash containers or anywhere else. The use of food waste disposal
units (garbage grinders) is discouraged.
(D)
Employee
training.
Employees of the FSE should be trained by ownership/management
periodically on the following practices:
(1)
Dry-wiping pots, pans, dishware, and work areas before washing to
remove FOG.
(2)
Properly disposing food waste and solids in plastic bags prior to
disposal in trash bins or containers to prevent leaking and odors.
Keep containers sealed and dumpster lids closed to prevent rainfall
from entering the container.
(3)
The location and use of absorption products to clean under fryer
baskets and other locations where FOG may be spilled or dripped.
(4)
Properly disposing of grease or oils from cooking equipment into
a proper grease receptacle without spilling.
(5)
Keep drains and screens in place except for when waste material is
removed.
(6)
Immediately report spills to supervisor.
(7)
The Director may require that training of food service establishment employees on §53.079(D)(1)–(6) be documented along with employee signatures. Training records shall be available for review at any time by authorized representatives of the City.
(E)
Cleaning
of exhaust fan filters.
Exhaust fan filters shall be
cleaned as frequently as necessary to be maintained in good operating
condition. The wastewater generated from cleaning exhaust fan filters
shall be collected and stored for pickup by a liquid waste transporter
or drained into a GCD, unless cleaning chemicals were used. The wastewater
generated shall not be disposed of directly to the sanitary sewer
nor allowed to be discharged into a storm drain or ditch.
(F)
Kitchen
signage.
FOG-related BMPs shall be posted conspicuously
in the food preparation and dishwashing areas at all times.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Notification
of Violation.
(1)
When the Pretreatment Coordinator finds that a generator 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 generator a written Notice of Violation. Such notice and order
shall state:
(2)
Within fourteen (14) calendar 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 generator to the Pretreatment Coordinator. Submission
of this plan in no way relieves the generator 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 generator responsible for noncompliance. Such documents shall include specific action to be taken by the generator 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 the industrial wastes ordinance and shall be judicially enforceable.
(C)
Show
Cause Hearing.
The City may order a generator 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 the Pretreatment
Coordinator and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the generator specifying the
time and place for the meeting, the proposed enforcement action, the
reasons for such action, and a request that the generator 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 generator. A show cause hearing shall not be
a bar against, or prerequisite for, taking any other action against
the generator.
(D)
Administrative
Orders.
(1)
Compliance Orders.
When the Pretreatment Coordinator
finds that a generator 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 generator responsible for the discharge
directing that the generator come into compliance within a specified
time. If the generator 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 generator 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 generator. The Pretreatment Coordinator may
grant a variance in compliance dates to a generator when, in the Pretreatment
Coordinator’s opinion, such action is necessary to achieve pretreatment
or corrective measures.
(2)
Cease and Desist Orders.
When the Pretreatment Coordinator
finds that a generator 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 generator’s past violations are likely to recur,
the City may issue an order to the generator directing it to cease
and desist all such violations and directing the generator 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 generator.
(E)
Administrative
Fines.
(1)
When the Pretreatment Coordinator finds that a generator 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 generator in an amount
not to exceed Two Thousand Dollars ($2,000.00) 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)
Generators 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 generator’s
appeal is successful, the payment, together with any interest accruing
thereto, shall be returned to the generator. 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 generator.
(F)
Emergency
Suspensions.
(1)
The Director may immediately suspend a generator’s discharge,
after informal notice to the generator, whenever such suspension is
necessary to stop an actual or threatened discharge, which reasonably
appears to present, or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director may also immediately
suspend a generator’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 generator notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a generator’s failure to immediately comply voluntarily with the suspension order, the 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 Director may allow the generator to recommence its discharge when the generator has demonstrated to the satisfaction of Pretreatment Coordinator that the period of endangerment has passed unless the termination proceedings in §53.049(G) of the industrial wastes ordinance are initiated against the generator.
(b)
A generator that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Pretreatment Coordinator prior to the date of any show cause or termination hearing under §53.049(C) or (F) of the industrial waste ordinance.
(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 the industrial wastes ordinance, any generator who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the generator’s premises for
the purpose of inspection, monitoring, or sampling; or
(6)
Such generator will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under §53.049(C) of the industrial wastes ordinance 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 generator.
(Ordinance 1508-21-08-24, passed 8-24-21)
(A)
Injunctive
Relief.
When Pretreatment Coordinator finds that a generator
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 generator. The City may also seek such other action
as is appropriate for legal and/or equitable relief, including a requirement
for the generator 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 generator.
(B)
Civil
Penalties.
(1)
Civil Penalty - Generator.
If the Director determines
that a generator is responsible for a blockage in the wastewater system,
the generator shall owe a civil penalty of $1,000.00 for the first
violation, $1,500.00 for a second violation, and $2,000.00 for the
third violation within a two-year period. After the third violation,
each successive violation within a two-year period shall result in
an increase in civil penalty by $500.00 and may also result in termination
of services. The collection of a civil penalty does not preclude assessing
a surcharge or cost recovery fee or filing a criminal action for violating
a provision of this subchapter but is in addition to a possible surcharge
or cost recovery fee, or criminal action.
(2)
Civil Penalty - Person.
Any person (other than the generator)
violating any of the provisions of this subchapter shall be subject
to a written warning for the first violation, a $1,000.00 civil penalty
for the second violation, a $1,500.00 civil penalty for the third
violation, and a $2,000.00 civil penalty for the fourth violation
within a two-year period. After the fourth violation, each successive
violation within a two-year period shall result in a $500.00 increase
in civil penalty and may result in termination of service. The collection
of a civil penalty does not preclude assessing a surcharge or cost
recovery fee or filing a criminal action for violating a provision
of this subchapter but is in addition to a possible surcharge or cost
recovery fee or criminal action.
(3)
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.
(4)
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
generator’s violation, corrective actions by the generator,
the compliance history of the generator, and any other factor as justice
requires.
(5)
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a generator.
(C)
Criminal
Prosecution.
(1)
A generator 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 generator 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 generator 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.
(1)
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 generator.
(2)
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 generator when the circumstances
warrant. Further, the City is empowered to take more than one enforcement
action against any noncompliant generator.
(Ordinance 1508-21-08-24, 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 person can establish that an event
that would otherwise be a violation of this subchapter, 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 generator 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 generator 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 (5) 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 generator 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 cause solely by an act of God, war, strike, riot
or other catastrophe.
(B)
Bypass.
No liquid or solid waste that contains FOG shall be discharged
directly into the POTW. All liquids and solids that contain FOG must
be discharged into a GCD or grit trap/oil separator before any such
discharges enter the POTW. Should a GCD or grit trap/oil separator
require repair, upon written request to and the receipt of written
approval from the Director a bypass of the GCD or grit trap/oil separator
shall be permitted for the duration of the repair, but in no event
for more than eighteen (18) consecutive hours, or as specified by
the Director. Each generator shall create a written record that describes
the repairs made to the GCD and grit trap/oil separator, the date
and time of the commencement of any GCD and grit trap/oil separator
repairs and of any bypass during the repairs, who performed the repairs,
and the date and time of the termination of the repairs and bypass.
The written record shall be made available for review by the Director
upon request.
(Ordinance 1508-21-08-24, 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
FOG Management Program, which may include but not be limited to:
(1)
Fees for FSE 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 generator’s discharge,
and reviewing monitoring reports and certification statements submitted
by generators;
(3)
Fees to recover cost to the City including but not limited to labor,
equipment, containment, and disposal costs for responding the sewer
blockages, SSOs, and sewer line backups into residences, multifamily
units, and commercial businesses that are caused by FOG discharges
from generators;
(4)
Fees to recover the cost of actual damages to the City’s sewer
system including pipes, manholes, lift stations and pumps, and air-release
valves that are caused by FOG accumulations caused by discharges from
generators;
(5)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(6)
Fees for filing appeals;
(7)
Fees to recover administrative and legal costs associated with the
enforcement activity taken by the Pretreatment Coordinator to address
generator noncompliance; and
(8)
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 generator discharging wastewater to the POTW with BOD, COD, TSS, Ammonia-Nitrogen, and Phosphorus of concentrations higher than normal domestic wastewater as defined in §53.040(D)(44) or FOG as defined in §53.041(A)(2)(q) shall pay a monthly surcharge in addition to the usual monthly sewer charge.
(2)
The City shall calculate the surcharge under this section as prescribed in §53.052(B)(2)–(5).
(Ordinance 1508-21-08-24, passed 8-24-21)
