(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)