(a)
This article shall apply to all nondomestic users of the publicly owned treatment works (POTW), as defined in section 6.06.002 of this article.
(b)
Grease
traps or grease interceptors shall not be required for residential
users.
(c)
Facilities
generating fats, oils, or greases as a result of food manufacturing,
processing, preparation, or food service shall install, use and maintain
appropriate grease traps or interceptors as required in this article.
These facilities include but are not limited to restaurants, food
manufacturers, food processors, hospitals, hotels and motels, prisons,
nursing homes and any other facility preparing, serving or otherwise
making any foodstuff available for consumption.
(d)
No
user may intentionally or unintentionally allow the direct or indirect
discharge of any petroleum oil, nonbiodegradable cutting oil, mineral
oil, or any fats, oils or greases of animal or vegetable origin into
the POTW system in such amounts as to cause interference with the
collection and treatment system, or as to cause pollutants to pass
through the treatment works into the environment.
(Ordinance 2016-28 adopted 4/12/16)
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et. seq.
Accepted as satisfactory under the terms of this article
and given formal and official sanction by the regulatory authority.
The value of the 5-day test for biochemical oxygen demand,
as described in the latest edition of “Standard Methods for
the Examination of Water and Wastewater.”
The value of the test for chemical oxygen demand, as described
in the latest edition of “Standard Methods for the Examination
of Water and Wastewater.”
The director of the department designated by the city manager
to enforce and administer this article.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any solid or semisolid grease trap waste, grit trap
waste, and/or septage into or on any land or water so that such waste
or any constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including ground waters.
A permitted site or part of a site at which grease trap waste,
grit trap waste, or septage is processed, treated and/or intentionally
placed into or on any land and at which said waste will remain after
closure.
A person who receives, stores, retains, processes or disposes
of liquid waste.
The United States Environmental Protection Agency.
Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules.
These substances are detectable and measurable using analytical test
procedures established in 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as “grease”
or “greases.”
A grocery store which may include, but is not limited to
a deli, bakery or meat market.
A person who causes, creates, generates, or otherwise produces
liquid waste.
A watertight receptacle designed and constructed to intercept
and prevent the passage of greasy, fatty liquid, semi-liquid, and/or
solid wastes generated from commercial operations into the POTW to
which the receptacle is directly or indirectly connected.
Greasy, fatty liquid, semi-liquid and/or solid wastes removed
from commercial operations by a grease trap.
A watertight receptacle designed and constructed to intercept
and prevent the passage of petroleum based oil, grease wastes and
solids into the POTW to which the receptacle is directly or indirectly
connected.
Petroleum based oil, grease wastes and solids from commercial
automotive or heavy machinery repair and/or washing facilities.
Any matter which is or may be reasonably expected to be dangerous
to human health, the environment or property, and shall include but
not be limited to those substances defined as hazardous materials
or material by federal or state agencies.
The introduction of pollutants into a POTW from any nondomestic
source.
A discharge which alone or in conjunction with a discharge
or discharges from other sources inhibits or disrupts the POTW, its
treatment processes or operations or its sludge processes, use or
disposal, or is a cause of a violation of the city’s TPDES permit.
Waterborne solids, liquids and gaseous substances derived
from a grease trap, grit trap, chemical/portable toilet or septic
tank and described as a grease trap waste, grit trap waste or septage.
The person conducting, supervising, managing or representing
the activities of a generator, transporter or disposer.
A system consisting of a five-part trip ticket used to document
the generation, transportation and disposal of liquid waste.
The person who owns a facility or part of a facility.
The formal written document issued to a person by the regulatory
authority for the collection of grease trap waste, grit trap waste
and septage.
Person granted a permit under this article.
An individual, corporation (including a government corporation),
organization, government, governmental subdivision or agency, federal
agency, state, political subdivision of a state, interstate agency
or body, business or business trust, partnership, association, firm,
company, joint stock company, commission or any other legal entity.
The measure of the relative acidity or alkalinity of water
and is defined as the negative logarithm (base 10) of the hydrogen
ion concentration.
A treatment works which is owned by a state or municipality
as defined by section 502(4) of the Clean Water Act. This definition
includes any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid
nature. It also includes all sewers, pipes and other conveyances that
convey wastewater to a POTW treatment plant. The term also means the
municipality as defined in section 502(4) of the act, which has jurisdiction
over the indirect discharges to and the discharges from such a treatment
works. For purposes of this article, the terms “sanitary sewer
system” and “POTW” may be used interchangeably.
Any municipal officer or department of the city appointed
by the city manager to administer this article.
Wastes removed from a septic tank or chemical/portable toilet.
Any waste or combination of wastes that, because of its quantity,
concentration, physical or chemical characteristics or biological
properties, required special handling and disposal to protect the
human health or the environment.
The accidental or intentional loss or unauthorized discharge
of grease trap waste, grit trap waste or other waste material.
The state’s agencies which have the authority to adopt
and enforce any rules necessary to carry out its powers and duties
under the laws of the state.
A device, designed to contain an accumulation of grease trap
waste, and septage which is constructed primarily of nonearthen materials
(e.g., concrete, steel, plastic) to provide structural support for
the containment.
The Texas Commission on Environmental Quality, and its predecessor
and successor agencies.
Any liquid, semi-liquid or solid material which has the ability
to chemically produce injury once it reaches a susceptible site in
or on the body.
A person who is registered with and authorized by the TCEQ
to transport sewage sludge, water treatment sludge, domestic septage,
chemical toilet waste, grit trap waste or grease trap waste in accordance
with 30 Texas Administrative Code, section 312.142.
The shipping document originated and signed by the transporter
which contains the information required by the regulatory authority.
The value of the test for total suspended solids, as described
in the latest edition of “Standard Methods for the Examination
of Water and Wastewater.”
Any person, including those located outside the jurisdictional
limits of the city, who contributes, causes or permits the contribution
or discharge of wastewater into the POTW, including persons who contribute
such wastewater from mobile sources.
A mobile device in which or by which liquid waste may be
transported upon a public street or highway.
(Ordinance 2016-28 adopted 4/12/16)
(a)
A
person commits an offense if he operates or causes to be operated
a vehicle for the purpose of transporting liquid waste without an
applicable permit. A permit shall be issued for transportation of
the liquid waste and the regulatory authority shall designate on the
permit the liquid waste authorized for transportation in the vehicle.
A separate vehicle permit number is issued for each vehicle operated.
(b)
A
person who desires to obtain a permit shall make application on a
form provided by the regulatory authority.
(c)
The
regulatory authority shall not issue a permit unless the applicant
submits for inspection by the regulatory authority all vehicles the
applicant proposes to use to transport liquid waste and the vehicles
are found by the regulatory authority to be constructed and equipped
in accordance with the provisions of this article.
(d)
A
permit is not transferrable.
(e)
A
permit issued by the city excludes the hauling of materials that are
hazardous in nature.
(f)
Each
applicant shall specify the disposal site or sites to be used for
the authorized disposal of liquid wastes. The regulatory authority
shall be immediately notified of additional disposal sites used during
the permit period.
(Ordinance 2016-28 adopted 4/12/16)
(a)
The regulatory authority shall not issue a permit to an applicant until the appropriate established fee is paid. A person shall pay a fee for each vehicle operated by the person as set forth in the fee schedule found in appendix A of this code. Each permit shall be renewed annually.
(b)
Each
permit holder shall cause to be displayed on each side of each vehicle
in a color contrasting with the background in three-inch letters or
larger the business name, state regulatory authority registration
number and the approval authority’s permit number.
(c)
The
permit holder shall keep the permit receipt, or a copy, in the vehicle
at all times.
(Ordinance 2016-28 adopted 4/12/16)
A liquid waste hauler shall:
(1)
Maintain
hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections,
and other appurtenances on a vehicle in good repair and free from
leaks.
(2)
Provide
a safety plug or cap for each valve of a tank.
(3)
Provide
a clean exterior and cause the vehicle to be odor-free at the beginning
of each work day.
(4)
Pass
the state regulatory’s safety inspection.
(Ordinance 2016-28 adopted 4/12/16)
A liquid waste transporter’s vehicle shall be inspected
by the approving authority prior to the issuance of a vehicle permit
with qualifications as follows:
(1)
Use
a vehicle with a single tank as an integral portion of the vehicle
to transport liquid wastes; portable tanks or other containers temporarily
installed in vehicles are prohibited.
(2)
Piping,
valves and connectors shall be permanently attached to tank and/or
vehicle.
(3)
Tank
to be liquid tight.
(4)
Tank
to be constructed so that every interior and exterior portion can
be easily cleaned.
(5)
Piping,
valves, and connections shall be accessible and easy to clean.
(6)
Inlet
or opening of tank to be constructed so that collected waste will
not spill during filling, transfer or during transport.
(7)
Outlet
connections to be constructed so that no liquid waste will leak, run
or spill out from vehicle.
(8)
Outlets
to be of a design and type suitable for the liquid waste handled and
capable of controlling flow or discharge without spillage or undue
spray on or flooding of immediate surroundings while in use.
(9)
Pumps,
valves, cylinders, diaphragms and other appurtenances to be of a design
and type suitable for the type of waste handled, capable of operation
without spillage, spray or leakage, and capable of being easily disassembled
for cleaning.
(Ordinance 2016-28 adopted 4/12/16)
(a)
Before
accepting a load of liquid waste for transportation, a liquid waste
transporter shall determine the nature of the material to be transported
and that his equipment is sufficient to properly handle the job without
spillage, leaks or release of toxic or harmful gasses, fumes, liquids
or other substances. Upon delivery of the waste to the disposer, the
transporter shall inform the disposer of the nature of the waste.
(b)
A transporter with a city liquid waste transporter permit shall not transport materials that are hazardous as defined in section 6.06.002 in vehicles permitted by the city for transporting liquid waste.
(c)
A
transporter holding a city permit shall use a disposal site permitted
and approved by the city, state or federal government.
(d)
A
manifest system, consisting of a five-part trip ticket is used to
document the generation, transportation and disposal of all applicable
liquid waste generated in the city and shall be used as follows:
(1)
A transporter will complete one (1) trip ticket for each location
serviced, with the exception of chemical toilet companies servicing
their own units. Such companies shall submit to the regulatory authority
quarterly reports stating the amount of liquid waste generated within
the city and listing the disposal site or sites.
(2)
One (1) part of the trip ticket shall have the generator and transporter
information completed and shall be given to the generator at the time
of waste collection.
(3)
The remaining four (4) parts of the trip ticket shall have all required
information completely filled out and signed by the appropriate party
before distribution of the trip ticket.
(4)
One (1) part of the trip ticket shall go to the receiving facility.
(5)
One (1) part of the trip ticket shall go to the transporter, who
shall retain a copy of all trip tickets showing the collection and
disposition of the waste.
(6)
One (1) part of the trip ticket shall be returned by the transporter
to the person who generated the waste within fifteen (15) days after
the waste is received at the disposal or processing facility.
(7)
One (1) part of the trip ticket shall go to the city public works
department and shall be provided within thirty (30) days of the disposal.
(8)
A copy of all trip tickets shall be maintained for a period of two
(2) years and shall be made available for inspection by the regulatory
authority.
(e)
A
transporter or any person cleaning or servicing a grease trap or grit
trap shall remove the entire contents of the collection device. Skimming
the surface layer of waste material, partial cleaning of the trap
or use of any method which does not remove the entire contents of
the collection device is prohibited.
(f)
Any
person wishing to make use of a mobile treatment process or of an
on-site process to clean or service grease traps or grit traps shall
demonstrate the process to the satisfaction of the regulatory authority.
Included with the demonstration shall be a written explanation of
the treatment process. Any costs to the city associated with the demonstration
such as, but not limited to, sampling and analysis shall be recovered.
(g)
A
transporter shall allow the director and his or her designee to inspect
vehicles registered under a permit upon their request.
(Ordinance 2016-28 adopted 4/12/16)
A person commits an offense if he allows liquid waste that emits
noxious or offensive odors or is unsanitary or injurious to public
health to accumulate upon property under his control.
(Ordinance 2016-28 adopted 4/12/16)
(a)
A
person commits an offense if he unloads or offers for sale or exchange
liquid waste, except at a place permitted by the city, state or federal
government.
(b)
A
person commits an offense if he deposits or discharges liquid waste
at any site not approved for the disposal of such material.
(Ordinance 2016-28 adopted 4/12/16)
(a)
A
generator of liquid waste shall have all liquid waste material picked
up from his premises by a liquid waste transporter who holds a valid
permit from the city and the liquid waste shall be transported to
an approved site for disposal.
(b)
A
generator of liquid waste shall not have hazardous materials or liquid
waste in combination with hazardous materials removed from his premises
by a liquid waste hauler operating under a city permit.
(c)
A
generator shall sign the trip ticket from the transporter when a load
is picked up by the transporter and shall keep a copy of all trip
tickets for a period of two (2) years. The regulatory authority may
inspect these records during normal business hours.
(d)
A
generator shall:
(1)
Install or provide collection device of size and type specified by
regulatory authority. If the director determines that a collection
device is insufficient in size or design, he or she may require the
generator to upgrade their collection device.
(2)
Supervise the servicing of the generator’s liquid and generator’s
liquid waste facilities, and shall ensure that they are completely
emptied by the transporter during such servicing.
(3)
Maintain collection devices in continuous, proper operation.
(4)
Report spills and accidents involving collection devices to regulatory
authority immediately or through emergency dispatch after business
hours.
(5)
Clean up all spills and accidents immediately and have material disposed
of by permitted transporter by proper means.
(Ordinance 2016-28 adopted 4/12/16)
(a)
All
food manufacturers, meat markets, full service groceries and full
service restaurants shall pump their interceptor at a minimum of once
every ninety (90) days.
(b)
All
other facilities, including child care centers, schools and groceries
with prepackaged foods and minimal food preparation as determined
by the director or his or her designee shall pump their interceptor
at a minimum of once semiannually.
(c)
The
director and/or his or her designee may require more frequent pumping
upon assessment or at his or her discretion.
(d)
The
director may change the frequency required upon formal written request.
(Ordinance 2016-28 adopted 4/12/16)
(a)
A
liquid waste disposer commits an offense if he allows accumulation
of liquid waste on his premises so that rainfall could carry the material
to storm sewers or adjacent property or create a noxious odor or potential
health hazard.
(b)
A
liquid waste disposer shall:
(1)
Obtain and maintain compliance with all licenses and/or permits required
by local, state or federal law.
(2)
Accept waste only from a permitted transporter.
(3)
Maintain trip ticket copies for a period of two (2) years.
(4)
Accept only those classes of wastes authorized by license or permit.
(5)
Make available all records required to be kept for inspection by
the regulatory authority during normal business hours.
(Ordinance 2016-28 adopted 4/12/16)
(a)
The
regulatory authority may deny a permit if it is determined that an
applicant is not qualified under this article and may suspend or revoke
a permit if it is determined that a permitee:
(1)
Is not qualified under this article.
(2)
Has violated a provision of this article.
(3)
Has failed to pay a required fee.
(4)
Has failed to comply with maintenance or inspection requirements.
(5)
Has failed to deliver trip tickets to the regulatory authority.
(6)
The applicant, a partner of the applicant, a principal in the applicant’s
business, or applicant’s manager or operator has:
(A)
Within the five (5) years preceding the date of the application been
convicted of a misdemeanor that is punishable by confinement and/or
by a fine exceeding five hundred dollars ($500.00), and which relates
directly to the duty or responsibility in operating a liquid waste
transportation business; or
(B)
Been convicted of a felony which relates directly to the duty or
responsibility in operating a liquid waste transportation business.
(7)
The applicant fails to provide evidence of liability insurance or
self insurance.
(8)
The application contains a false statement of a material fact.
(b)
After
suspension under this section, a permittee may file a request for
reinstatement of the permit. When the regulatory authority determines
that the permittee is again qualified, all violations have been corrected,
precautions have been taken to prevent future violations, and all
required fees have been paid, he shall reinstate the permit.
(c)
The
regulatory authority may revoke for a period of one (1) year or less
all permits held by a liquid waste transporter if the transporter
or an employee of the transporter violates any of the provisions of
this article, or applicable provisions of this code or state law.
(d)
A
permittee whose permit is suspended or revoked shall not collect,
transport, or dispose of any waste materials within the jurisdiction
of the regulatory authority.
(e)
Any
denial, revocation, or suspension of a permit by the city shall be
reported to the state regulatory authority. The city shall also report
any violation notices or illegal operations to said department.
(f)
Any
applicant aggrieved by the action of the regulatory authority with
reference to the revocation of a permit as provided in this section
of this article shall have the right to appeal to the city manager.
Such appeal shall be taken by filing with the city manager, within
fourteen (14) days after notice of the action complained of has been
delivered in person or mailed to such person’s address given
in the application, a written statement setting forth fully the grounds
for the appeal. The city manager shall set a time and place for a
hearing on such appeal and notice of such hearing shall be given to
the appellant for notice of hearing on revocation. The decision and
order of the city manager on such appeal shall be final and conclusive.
(Ordinance 2016-28 adopted 4/12/16)
(a)
The
city’s representative(s) shall have the right to enter the premises
of any person to determine whether that person is in compliance with
all requirements of this article. Persons shall allow inspecting or
monitoring personnel ready access to all parts of the premises for
the purposes of inspection, monitoring, records examination and copying,
and the performance of any additional duties. Any information concerning
a requirement under this article shall be made readily available upon
request.
(b)
Where
security measures are in force which requires proper identification
and clearance before entry into the premises, that person shall make
necessary arrangements with its security guards so that, upon presentation
of suitable identification, the city’s representative will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(c)
The
city’s representatives shall have the right to set up on any
person’s property such devices as are necessary to conduct monitoring
of any person’s operations.
(d)
Unreasonable
delays in allowing inspections or monitoring personnel access to any
person’s premises shall be a violation of this article.
(Ordinance 2016-28 adopted 4/12/16)
(a)
In
the event that an owner shall fail to comply with this article, the
director or designee may notify such owner by letter addressed to
such owner at such owner’s post office address, or by publication
as many as two (2) times within ten (10) consecutive days in a local
newspaper, if personal service may not be had on the owner, or the
owner’s address is not known. The notification shall contain
in brief terms the condition or conditions which exist on such owner’s
premises which fail to comply with this article. At the expiration
of ten (10) days after the final date of publication, the city may
enter upon such premises and may do such work as necessary, or cause
the same to be done, to abate the unlawful condition of the premises
in order that the premises may comply with the requirements of this
article. A statement of the cost incurred by the city to abate such
condition shall be mailed to the owner of the premises and such statement
shall be paid within thirty (30) days of the date of the mailing of
the statement of costs.
(b)
In
the event that an owner shall have an emergency condition, the director
or his designee may enter upon such premises and may do such work
as necessary, or cause the same to be done, to abate the condition
in order that the premises may comply with the requirements of this
article. For the purposes of this section, “emergency condition”
shall be defined as any condition or conditions which are or reasonably
could be considered an immediate threat to the health, safety or welfare
of the citizens of the city or to the environment. A statement of
the cost incurred by the city to abate such condition shall be mailed
to the owner of the premises and such statement shall be paid within
thirty (30) days of the date of the mailing of the statement of costs.
(c)
Any
person found to be guilty of violating provisions of this article
shall become liable to the city for any expense, loss or damage incurred
by the city for reason of appropriate clean up and proper disposal
of said waste materials. Additionally, an administrative fee equal
to one-half (1/2) of assessed cleanup costs shall be levied by the
city against the guilty party.
(Ordinance 2016-28 adopted 4/12/16)
(a)
Any
person, firm or corporation who violates any provision of this article
or violates any requirement established is guilty of a misdemeanor
and upon conviction is punishable by a fine of up to two thousand
dollars ($2,000.00) for each act of violation and for each day of
violation.
(b)
Any
person, firm or corporation who obstructs, impedes or interferes with
a representative of the city or with a representative of a city department,
is guilty of a misdemeanor and upon conviction is punishable by a
fine of up to two thousand dollars ($2,000.00) for each act of violation
and for each day of violation.
(c)
In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article.
(d)
The regulatory authority may cause to be impounded a vehicle which is being operated in violation of this article, and he may authorize the holding of the vehicle until the violation is corrected. The regulatory authority may also revoke the permit for the improperly operated vehicle. If a vehicle is impounded or if a permit is revoked an appeal may be filed by the transporter pursuant to section 6.06.013.
(e)
In
addition to prohibiting certain conduct by any person, it is the intent
of this article to hold a corporation or association legally responsible
for prohibited conduct performed by an agent acting in behalf of a
corporation or association and within the scope of his office or employment.
(Ordinance 2016-28 adopted 4/12/16)
(a)
No
officer, agent or employee of the city shall be personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of such person’s
duties under this article.
(b)
Any
suit brought against any officer, agent or employee of the city as
a result of any act required or permitted in this discharge of such
duties under this article shall be defended by the city attorney until
the final determination of the proceedings therein.
(Ordinance 2011-36 adopted 10/10/11)
