(a) Act or the act. Approval authority. Authorized representative. Biochemical oxygen demand (BOD). Building drain. Building sewer. Bypass. Categorical pretreatment standard or pretreatment standard. Chemical oxygen demand (COD). City. Compatible pollutant. Control authority. Controlled access sampling point. Cooling water. Director. Discharge. Discharger. Domestic wastes. Environmental Protection Agency or EPA. Garbage. Grease. Grease trap. Incompatible pollutant. Indirect discharge. Industrial/commercial wastewater (industrial discharge). Industrial discharger (industrial user or user). Interference.(1) (2) Liquid waste hauler. mg/l. National Pollutant Discharge Elimination System (NPDES). National Pollutant Discharge Elimination System (NPDES) permit. Natural outlet. New source.(1) (2) (3) (A) (B) (i) a. b. (ii) Normal domestic sewage. Overload. Owner or occupant. Pass-through. Permit or discharge permit. pH. Pretreatment charge. Pretreatment or treatment. Pretreatment requirement. Pretreatment standards. Properly shredded garbage. Publicly owned treatment works (POTW). Public sewer. Regional administrator. Sewage. Sewer or sanitary sewer. Significant industrial user.(1) (2) (3) (4) (5) Significant violation.(1) (2) (3) (4) (5) (6) (7) (8) Slug load. Standard Industrial Classification (SIC). Standard Methods. State. Storm sewer or storm drain. Stormwater. Surcharge. Suspended solids. Toxic pollutant. Unpolluted water. Upset. User. User classification. Wastewater. Wastewater treatment system. Watercourse. Work day.
Unless the context specifically indicates otherwise, the following terms, as used in this article, shall have the meanings hereinafter designated:
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251 et seq.
The director in an NPDES state with an approved state pretreatment program and the appropriate regional administrator in a non-NPDES state or [a state without] an approved state pretreatment program.
A person authorized in writing by a responsible corporate officer (as defined in 40 CFR 403.12(l)(1), or a general partner or proprietor (40 CFR 403.12(l)(2)). The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company, and the written authority is submitted to the control authority.
The quantity of oxygen, expressed in parts per million by weight (milligrams per liter), utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in 40 CFR part 136.
That part of the lowest horizontal piping of a drainage system which receives the discharge from waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning three (3) feet outside the inner face of the building wall.
The extension from the building drain to the public sanitary sewer or other place of disposal.
The intentional diversion of waste streams from any portion of an industrial user’s pretreatment facility.
Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the act (33 U.S.C. 1347) which applies to a specific category of industrial dischargers.
The quantity of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. The laboratory determination shall be made in accordance with procedures set forth in Standard Methods or other EPA approved method.
The city or the city council of Hudson Oaks, Texas, or any authorized person acting in its behalf.
BOD, CBOD, COD, suspended solids, pH, ammonia and fecal coliform bacteria, and such additional pollutants as are now or may be in the future specified and controlled in this city’s NPDES permit for its wastewater treatment works where said works have been designed and used to reduce or remove such pollutants.
The department designated by the city to supervise the operation of its publicly owned treatment works and that is charged with certain duties and responsibilities by this article, or any duly authorized representative of that designated department.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer where sampling will occur. The location, physical dimensions and construction shall be approved by the city prior to construction or installation.
The water discharged from any system of condensation such as air conditioning, cooling or refrigeration, or water used as a coolant in cooling towers where the only pollutant is thermal.
The public works manager of this city or his/her duly appointed deputy, agent or representative.
The introduction or addition of any waste, wastewater, or other substance into the POTW.
Any person who discharges or introduces anything other than normal domestic sewage into the POTW. The term includes owners and/or occupants of the premises connected to and discharging waste or wastewater into the POTW.
Waterborne wastes normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, free from storm and surface waters and industrial wastes.
The U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the Administrator of the EPA or other duly authorized official of said agency.
Solid wastes and residue from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
Fatty acids, soaps, fats, waxes, petroleum products, oil, and any other material which is extractable by hexane or freon solvent from an acidified sample, and which is not volatilized during evaporation of the solvent.
A device by which the grease content of sewage may be cooled and congealed so that it may be skimmed from the surface.
Any pollutant which is not a compatible pollutant as defined in this section.
The discharge or the introduction of industrial waste into a POTW.
Waterborne solids, liquids, or gaseous waste resulting from and discharged, permitted to flow, or escaping from any industrial, manufacturing, or food processing operation or process, or from the development of any natural resource, or any mixture of these with water or domestic sewage. (The term is generally synonymous with “nondomestic waste.”)
Any nonresidential user who discharges an effluent into the POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, and all constructed devices and appliances appurtenant thereto.
A discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
Therefore, is a cause of a violation of any requirement of the POTW’s NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
Any person who transports wastewater beyond the site of origin within the city.
Milligrams per liter. A weight-to-volume ratio equivalent to parts per million. The mg/l value multiplied by the factor eight and thirty-four hundredths (8.34) shall be equivalent to lbs/MG water.
The program for issuing, conditioning and denying permits for the discharge of pollutants from point sources into the navigable water, the contiguous zone and the oceans pursuant to section 402 of the act.
A permit issued pursuant to section 402 of the act (33 U.S.C. 1342) which regulates discharges to “waters of the state.”
Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
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 or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria in this subsection 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 which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies, do not constitute a contractual obligation under this subsection.
Wastewater excluding industrial wastewater discharged into sanitary sewers and in which the average concentration of total suspended solids does not exceed two hundred twenty (220) mg/l, BOD is not more than two hundred (200) mg/l and COD is not more than eight hundred (800) mg/l.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Any person using the lot, parcel of land, building, or premises connected to and discharging sewage into the POTW, and who pays, or is legally responsible for the payment of, water rates or charges made against the lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
The discharge of pollutants through the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation, including an increase in the magnitude or duration of a violation, of any requirement of the POTW’s NPDES or TCEQ permit or any discharge permit issued by the state.
A wastewater discharge permit issued to a significant industrial user to allow a discharge into the POTW.
The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution.
A charge in addition to the sewer charge that enables the city to offset the cost of implementing the pretreatment program, and the surcharge applied to those waste streams whose pollutant concentrations are in excess of normal domestic sewage.
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be obtained by physical, chemical, or biological processes, or process changes or other means, except as prohibited by 40 CFR section 403.6(d).
Any substantial or procedural requirement related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
All applicable federal rules and regulations implementing section 307 of the act, as well as any nonconflicting state or local standards. In cases of conflicting standards or regulations, the more stringent thereof shall be applied.
Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the sewer, with no particle greater than one-half (1/2) inch in any dimension.
A treatment works, as defined by section 212 of the act, which is owned by the city. This definition includes any sewers that convey wastewater to the POTW, but does not include pipes, sewers or other conveyances not connected to a facility providing treatment. For the purposes of this article, “POTW” shall also include any sewers that convey wastewaters to the city’s sewage collection and treatment system from persons outside the city who are, by contract or agreement with the city, users of the city’s sewage collection and treatment system. This definition also includes any public sludge disposal sites or public sludge handling or treatment structures or equipment.
A sewer in which all owners of abutting properties have equal rights and interest, and which is controlled by public authority.
The administrator of Region 6 of the Environmental Protection Agency.
The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, institutions, and/or industrial facilities, together with such ground, surface, and storm water as may be present, whether treated or untreated, which is discharged or permitted to enter the POTW.
A pipe or conduit for conveying sewage, and into which storm, surface, and ground waters are not intentionally admitted.
Any industrial discharger who:
Is subject to categorical pretreatment standard under 40 CFR 403.6;
Discharges an average of 25,000 gallons per day or more of process wastewater (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) to the POTW;
Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant;
Has in its wastes toxic pollutants defined pursuant to section 307 of the federal Water Pollution Control Act, and as defined by the state statutes and rules; or
Is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement. Upon a finding that a noncategorical user has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the control authority may at any time, upon its own initiative or in response to a petition received from a noncategorical industrial user or POTW and with the consent of the approval authority, determine that such industrial user is not a significant industrial user.
An industrial user is in significant noncompliance if its violations meet one or more of the following criteria:
Chronic violations of wastewater discharge limits, defined as those in which sixty-six percent or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
Technical review criteria (TRC) violations, defined as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily average maximum limit or the average limit times the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) 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 human health or welfare or to the environment or has resulted in the POTW’s exercise of its emergency authority under 40 CFR 403.8 paragraph (f)(1)(vi)(B) of this section [sic] to halt or prevent such a discharge;
Failure to meet, within ninety (90) days after the scheduled date, a compliance schedule milestone contained in a local control mechanism or enforcement order, for starting construction, completing construction, or attaining final compliance;
Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
Failure to accurately report noncompliance; or
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
Any substance, of a nonroutine episodic nature, including but not limited to an accidental spill or a noncustomary batch discharge, released in a discharge at a rate and/or concentration which causes interference to a POTW or any violation of any POTW permit.
A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget.
The examination and analytical procedures set forth in the latest edition of “Standard Methods for the Examination of Water and Sewage” as prepared, approved and published jointly by the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation.
The State of Texas, including the state commission on environmental quality (TCEQ) or any duly authorized agency thereof having jurisdiction over waters of the state, sewage collection or treatment, or municipal sewage sludge disposal.
A pipe or conduit for conveying storm and surface waters and drainage, and from which domestic sewage and industrial waste are excluded.
Any flow occurring during or immediately following any form of natural precipitation, resulting therefrom.
The charge, in addition to the sewage service charge, which is made on those dischargers whose wastes are greater in strength than the concentration values established as representative of normal domestic sewage.
Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtration. Quantitative determination of suspended solids shall be expressed in parts per million by weight (milligrams per liter) and made in accordance with procedures set forth in Standard Methods or other EPA-approved method.
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of the Clean Water Act, section 307(a), or other legislation.
Water not containing any pollutants limited or prohibited by the effluent standards in effect, or water whose discharge will not cause any violation of receiving water quality standards.
Any exceptional incident in which a discharger unintentionally and temporarily fails to comply with the standards established in this article or with the discharger’s permit, due to factors beyond the reasonable control of the discharger, excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or carelessness or improper operation thereof.
Any person who discharges or causes or permits the discharge of wastewater into the city’s wastewater treatment system.
A classification of users based on the 1972 (or subsequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Office of Management and Budget.
The liquid [or] water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is discharged into or permitted to enter the city’s treatment works.
Any devices, facilities, structures, equipment or works owned or used by the city for the purpose of the transmission, storage, treatment, recycling, or reclamation of industrial/commercial and domestic wastes, or necessary to recycle or reuse water at the most economical cost over the estimated life of the system, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment.
A channel in which a flow of water occurs, either continuously or intermittently.
When used in conjunction with the determination of a significant industrial discharger, the term means any day, or portion thereof, when the discharger is providing any service or producing its product or any part of its product line, or otherwise generating nondomestic wastewaters that may be discharged to the POTW. All other use of this term shall mean any day a nondomestic wastewater discharge occurs.
(b)
Terms not otherwise defined herein shall be as in the latest EPA approved edition of Standard Methods for the Examination of Water and Wastewater.
(Ordinance 1999-08, sec. 1, adopted 9/23/99)