(a)
This article sets forth uniform requirements
for users of the POTW for the city and enables the city to comply
with all applicable state and federal laws, including the Clean Water
Act (33 United States Code section 1251 et seq.) and the general pretreatment
regulations (40 Code of Federal Regulations part 403). The objectives
of this article are:
(1)
To prevent the introduction of pollutants
into the POTW that will interfere with its operation;
(2)
To prevent the introduction and subsequent
pass-through into the environment of inadequately treated pollutants;
(3)
To [protect] the POTW personnel and
the general public;
(4)
To promote reuse and recycling of
industrial wastewater and sludge from the POTW;
(5)
To provide for fees for the equitable
distribution of the cost of operation, maintenance, and improvement
of the POTW; and
(6)
To enable the city to comply with
its Texas Pollutant Discharge Elimination System permit conditions,
sludge use and disposal requirements, and any other federal or state
laws to which the POTW [is subject].
(b)
This article shall apply to all users
of the POTW. This article authorizes the issuance of wastewater discharge
permits; provides for monitoring, compliance, and enforcement activities;
establishes administrative review procedures; requires user reporting;
and provides for the setting of fees for the equitable distribution
of costs resulting from the program established herein.
(Ordinance 05-0503-2 adopted 5/3/05)
(a)
Generally.
Except as otherwise provided herein, the director
of public works shall administer, implement and enforce the provisions
of this article.
(b)
Interpretation.
Whenever there appears to be an uncertainty,
vagueness, or conflict in the terms of this article or between this
article and other city ordinances concerning the subject matter contained
herein, the city manager, in consultation with the staff, city engineer,
and city attorney, as may be appropriate, shall make every effort
to interpret the provisions of this article in such a way that it
protects the public health, safety and welfare of the inhabitants
of the city and fully accomplishes the goals and purposes of this
article. The interpretation given by the administrator shall be final.
(c)
Forms.
The city manager shall develop forms as may be reasonable
and necessary to carry out the terms of this article.
(d)
Authority to adopt additional
regulations.
The city manager
shall promulgate such rules, regulations, and procedures as may be
reasonably necessary to carry out the purpose and intent of this article
and shall submit them to the city council for approval. When approved
by the city council, the rules shall be enforceable to the fullest
extent permitted by law.
(e)
Recordkeeping.
Users subject to reporting requirements
of this article shall retain, and make available to the director for
inspection and copying, all records of information created pursuant
to any monitoring activities required herein, together with additional
records obtained pursuant to monitoring activities undertaken by the
user independent of the requirements of this article.
(f)
Required records.
Records shall include the date, the exact
place, method and time of sampling and the name of person(s) taking
the sample, the dates analyses were performed, who performed the analyses,
the analytical technique or method used, and the results of the analyses.
These records shall remain available for a period of three years.
(g)
Right of entry.
It is a condition of the privilege to discharge
into the POTW that users shall permit the director, and those directed
to do so by him, to enter upon the user’s premises to examine
and inspect the wastewater treatment facilities required herein and
the records required to be kept by this article. Refusal to permit
any such inspection or copying shall be good cause for the director
to immediately terminate water service to the user and to refuse to
reconnect water service until the director’s demands regarding
inspection and copying have been met.
(h)
Fees.
Section
24.05.006 is the fee schedule for the various permits and inspections required by this article. These fees are hereby adopted and imposed upon users, and shall be paid upon demand. It is a violation of this article to fail to pay a required fee within 15 days of demand by the city.
(i)
Permit required.
No user who is subject to this article
shall discharge wastewater into the POTW without obtaining a permit
from the director and paying the required fee in accordance with the
terms of this article.
(Ordinance 05-0503-2 adopted 5/3/05)
This article shall apply to all facilities
whose waste discharge contains or may contain grease, oil, sand, or
other harmful pollutants originating from processes including but
not limited to vehicle and equipment washing, food preparation and
serving, and carpet cleaning and water extraction.
(Ordinance 05-0503-2 adopted 5/3/05)
Act.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
BOD.
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.
COD.
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.
Director.
The person or persons appointed by the city manager to enforce
this article.
EPA.
The United States Environmental Protection Agency.
Fats, oils and greases (FOG).
Organic polar compounds derived from animal and/or plant
sources that contain 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.”
Generator.
Any person who owns or operates a grease trap/grease interceptor,
or whose act or process produces a grease trap waste.
Grease trap or interceptor.
A device designed to use differences in specific gravities
to separate and retain light density liquids and waterborne fats,
oils, and greases prior to the wastewater entering the POTW collection
system. These devices also serve to collect settleable solids, generated
by and from food preparation activities, prior to the water exiting
the trap and entering the POTW. Grease traps and interceptors are
also referred to herein as “grease traps/interceptors.”
Grease trap waste.
Material collected in and from a grease trap/interceptor
in the sanitary sewer service line of a commercial, institutional,
or industrial food service or processing establishment, including
the solids resulting from dewatering processes.
Interference.
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.
Nondomestic wastewater.
The liquid and water-carried industrial wastes from commercial
buildings, industrial facilities, and institutions which enter the
POTW.
pH.
The measure of the relative acidity or alkalinity of water,
and is defined as the negative logarithm (base 10) of the hydrogen
ion concentration.
POTW.
The publicly owned treatment works of the city.
Transporter.
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 312.142.
TSS.
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.
User.
Any person, including those located outside the jurisdictional
limits of the city, who contributes or causes or permits the contribution
or discharge of wastewater into the POTW, including persons who contribute
such wastewater from mobile sources.
(Ordinance 05-0503-2 adopted 5/3/05)
(a)
Whenever a user has violated or continues
to violate any provision of this article, a permit issued pursuant
to this article, or any standard contained herein, water service to
the user may be severed. Service will be reconnected, at the user’s
expense, after it has satisfactorily demonstrated its ability to comply
with the terms hereof.
(b)
A violation of any provision of this
article, a wastewater discharge permit issued pursuant to this article,
or any standard contained herein is hereby declared to be a public
nuisance and subject to enforcement under chapter 54 of the Texas
Local Government Code. The city may enforce any remedy available at
law. The city shall be entitled to recover damages, an injunction
and a civil penalty up to $5,000.00 per day for each violation of
this article that involves discharge of a pollutant, other than from
a nonpoint source, into the POTW. The city is entitled to recover
a civil penalty up to $1,000.00 per day for all other violations of
this article.
(c)
A person who violates any provision
of this article is guilty of a misdemeanor punishable by a fine not
to exceed $2,000.00 per violation. Each day a violation occurs is
declared to be a separate violation.
(Ordinance 05-0503-2 adopted 5/3/05)
(a)
Permit application fee: As provided in appendix
A to this code.
(b)
Inspection fee: As provided in appendix
A to this code.
(c)
The application fee is payable when
a new grease trap, interceptor or separator is installed and connected
to the city’s wastewater system.
(d)
The inspection fee is payable when
it is necessary for the city to inspect a grease trap, interceptor
or separator as defined in this article.
(Ordinance 05-0503-2 adopted 5/3/05; Ordinance
adopting Code)