This division sets forth uniform requirements for users of the
publicly owned treatment works (POTW(s)) which treats wastewater generated
and discharged within the wastewater collection system owned and operated
by the city and enables the city to comply with all applicable state
and federal laws, including the Clean Water Act (33 United States
Code 1251 et seq.), and the general pretreatment regulations (40 Code
of Federal Regulations part 403). The act and regulations are incorporated
herein by reference for the purpose of establishing the intent of
this division and defining its terms. The objectives of this division
are:
(1)
To
prevent the introduction of pollutants into the POTW(s) that will
interfere with its operation;
(2)
To
prevent the introduction of pollutants into the POTW(s) that will
pass through the POTW(s) inadequately treated, into receiving waters,
or otherwise be incompatible with the POTW(s);
(3)
To
protect both POTW(s) personnel, who may be affected by wastewater
and sludge in the course of their employment, and the general public;
(4)
To
protect reuse and recycling of wastewater as well as future recycling
of sludge from the POTW(s);
(5)
To
ensure compliance with the permits issued by the state or federal
government, effluent use and/or sludge use and disposal requirements,
and any other federal or state laws to which the POTW(s) is subject.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director of utilities is delegated the authority and is
charged with the responsibility to implement and approve administrative
regulations, operate, administer, and enforce for the city the Federal
Water Pollution Control Act, also known as the Clean Water Act, and
all applicable federal and state regulations and the provisions of
this division. Any powers granted to or duties imposed upon the director
of utilities may be delegated by the director of utilities to other
city personnel.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The following abbreviations, when used in this division, shall
have the designated meanings:
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BMP
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Best management practice
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BOD
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Biochemical oxygen demand
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CFR
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Code of Federal Regulations
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CIU
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Categorical industrial user
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EPA
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U.S. Environmental Protection Agency
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gpd
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Gallons per day
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IU
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Industrial user
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mg/l
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Milligrams per liter
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NPDES
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National Polluant Discharge Elimination System
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POTW
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Publicly owned treatment works
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RCRA
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Resource Conservation and Recovery Act
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SIC
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Standard industrial classification
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TPDES
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Texas Pollutant Discharge Elimination System
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U.S.C.
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United States Code
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(Ordinance 2011-01, sec. 1, adopted 1/11/11)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this division, shall have the meaning
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
The chief administrative officer in an NPDES state with an
approved state pretreatment program.
The city or director of utilities accepts as satisfactory
based upon the available data or finds that there is not an objection
with the proposal as submitted. It is the sole responsibility of the
user to demonstrate compliance with this division or other applicable
regulations.
Gulf Coast Waste Disposal Authority (GCWDA) in accordance
with the supplemental agreement.
Technically based pretreatment requirement established by
the authority and to be implemented by the director as a concentration
limit as necessary to prevent pass-through and/or interference at
the Odessa South Regional Wastewater Facility which is a POTW operated
by Gulf Coast Waste Disposal Authority and treats wastewater generated
within the city wastewater collection system.
Authorized representative of the user shall be:
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship: a general
partner or proprietor, respectively.
If the user is a federal, state, or local government facility:
a director or highest official appointed, designated, or elected to
oversee the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the director of utilities.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in sections 13-2-131 and 13-2-132 of this division and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20º centigrade, usually expressed as a concentration
(e.g. mg/l).
The intentional diversion of wastestreams from any portion
of a user’s treatment facility.
User subject to a categorical pretreatment standard or categorical
standard.
Any regulation containing pollutant discharge limits promulgated
by EPA in accordance with sections 307(b) and (c) of the act (33 U.S.C.
1317) which apply to a specific category of users and which appear
in 40 CFR chapter I, subchapter N, parts 405-471.
City of Odessa or the city council of the City of Odessa.
Also control authority and POTW.
A sample composed of two or more individual portions taken
at different time periods and combined into one sample based on equal
volumes or volume proportioned to flow.
Discharge into a POTW treating wastewater generated within
the city wastewater collection system.
The City of Odessa (POTW).
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.
Person designated by the city manager to supervise the operation
of the city’s POTW, and who is charged with certain duties and
responsibilities by this division, or the director’s duly authorized
representative.
Introduction of pollutants into a POTW from any nondomestic
source regulated by the act.
Treated, untreated, or partially treated wastewater flowing
out of any wastewater treatment facility.
The U.S. Environmental Protection Agency or, where appropriate,
the regional water management division director, or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with section
307 of the act.
An individual sample which is collected without regard to
the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
Any waste which would be a hazardous waste under 40 CFR part
261.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any grab or composite
sample collected, independent of the flow rate and the duration of
the sampling event.
A discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW(s),
its treatment processes or operations, or its sludge processes, effluent
and/or sludge use or disposal; and therefore, is a cause of a violation
of the TPDES permit of the POTW(s) treating wastewater generated within
the city wastewater collection system, or of the prevention of sewage
sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued hereunder, or any more stringent state
or local regulation: Section 405 of the act; the Solid Waste Disposal
Act, including title II commonly referred to as the Resource Conservation
and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to subtitle D of the Solid
Waste Disposal Act; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research, and Sanctuaries Act.
A technically based pretreatment standard specifically established and enforced by the director to meet the objectives defined in section 13-2-101 of this division for the POTW operated by the city.
Permissive or discretionary.
The highest allowable average of “daily discharges”
over a calendar month, calculated as the sum of all “daily discharges”
measured during a calendar month divided by the number of “daily
discharges” measured during that month.
Source of a discharge from:
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production of wastewater generating processes of the building,
structure, facility, or installation is substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source will be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(A), (B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment intended to be used in its operation within
a reasonable time. Options to purchase or contracts which can be terminated
or modified with substantial loss, and contracts for feasibility,
engineering, and design studies do not constitute obligation under
this subsection.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
State (as defined by 40 CFR 122.2) or interstate water pollution
control agency with an NPDES permit program approved pursuant to section
402(b) of the act.
A discharge which exits the POTW(s) in its effluent in quantities
or concentrations which alone, or in combination with a discharge
or discharges from other sources, is a cause of a violation of any
requirement of the TPDES permit of the POTW(s) treating wastewater
generated within the city wastewater collection system, including
an increase in the magnitude or duration of a violation.
A permit except where specifically stated, shall refer to
the documents issued by the control authority under the conditions
of the pretreatment program to applicable users to control discharge
to the POTW(s).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity; or their legal or authorized representatives,
agents, or assigns. This definition includes all federal, state, and
local entities.
Logarithm of the reciprocal of the hydrogen ion concentration
of a solution, expressed in standard units (SU). The measurement of
the alkalinity or acidity of a solution.
Substances such as, but not limited to, dredged spoil, solid
waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, medical wastes, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, municipal, agricultural and industrial wastes,
and other matter with certain wastewater characteristics (e.g. pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor, etc.).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of the pollutant properties
to a less harmful state prior to, or in lieu of, introducing such
pollutants into the POTW(s). This reduction or alteration can be obtained
by physical, chemical, or biological processes; by process changes;
or by other means, except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment standard.
Approval authority required and approved program which regulates
discharges to the POTW(s) which may cause interference or pass through,
provides mechanisms for controlling these discharges, and allows for
enforcement actions when violations of the program conditions occur.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a national pretreatment standard.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with section 307(b) and (c) of the act which
applies to users.
All wastewater, excluding sanitary wastes, noncontact cooling
water, and boiler blowdown.
A “treatment works,” as defined by section 212
of the act (33 U.S.C. 1292) which treats wastewater discharged to
the city wastewater collection system and which is owned by a municipality
as defined by section 502(4) of the act (33 U.S.C. 1362(4)). This
definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes sewers,
pipes, and other conveyances which are used to convey wastewater to
the treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
Domestic wastes including human excrement and gray water
(household showers, dishwashing operations, etc.).
Mandatory.
Modification to a user’s processes that would result
in:
A change to the user classification as defined by this division
due to discharge flows (e.g. user to significant industrial user).
A 20% or greater increase or decrease in the flow discharges
to the POTW(s) by a significant industrial user.
Violations in a pretreatment standard due to an increase in
pollutant loading.
A change in discharge volume or characteristics by a user such
that the discharge could reasonably cause or contribute to a violation
of the permits of the POTW or violations of 40 CFR 403.5(a) or (b).
The addition of a categorical process at the user’s site
regardless of whether wastewater from the categorical process will
be discharged to the POTW(s).
All users subject to categorical pretreatment standards under
40 CFR 403.6 and 40 CFR chapter I, subchapter N; and
Any other user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process water to the POTW(s) (excluding sanitary, noncontact
cooling water, and boiler blowdown wastewater); or
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW(s) treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW(s) operation
or for violating a pretreatment standard or requirement.
Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW(s) operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant user.
Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in sections 13-2-131 through 13-2-137;
Technical review criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined in sections 13-2-131 through 13-2-137, multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard or requirement as defined in sections 13-2-131 through 13-2-137 (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
Any discharge of a pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in POTW’s
exercise of its emergency authority to halt or prevent such a discharge;
Failure to meet, within ninety (90) days of the scheduled date,
a compliance schedule milestone contained in an individual wastewater
discharge permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
Failure to provide within forty-five (45) days after the due
date, any required reports, including baseline monitoring reports,
reports on compliance with categorical pretreatment standard deadlines,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
Failure to accurately report noncompliance.
Any other violation(s), which may include a violation of best
management practices, which the control authority determines will
adversely affect the operation or implementation of the local pretreatment
program.
A slug discharge is any discharge of a non-routine, episodic
nature, including but not limited to an accidental spill or a non-customary
batch discharge which has a reasonable potential to cause interference
or pass through, or in any way violate the POTW(s) regulations, local
limits, authority local limits or permit conditions.
A classification scheme based on the type of manufacturing
or commercial activity at a facility; some facilities have several
activities which will cause them to have more than one code number.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Source of discharge.
Liquid and water-carried nondomestic wastes and sewage from
residential dwellings, commercial or public buildings, industrial
and manufacturing facilities, and institutions, whether treated or
untreated, which are contributed to the POTW(s).
The portion of the POTW(s) which is designed to provide treatment
of sewage and wastewater.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
