(A) Purpose
and policy.
This article sets forth uniform requirements for users of the wastewater collection system and publicly owned treatment works (POTW) for the city and enables the city to comply with all applicable state and federal laws including the Clean Water Act (33 U.S.C. 1251 et seq.), and section
22.141(A) and
(B) of this article. The objectives of this article are:
(1) To prevent the introduction of pollutants into the POTW that will
interfere with the operation of the POTW;
(2) To prevent the introduction of pollutants to the POTW in amounts
or concentrations which could pass through to receiving waters in
toxic concentrations or which will be incompatible with the POTW;
(3) To ensure that the quality of the wastewater treatment plant sludge
is maintained at a level which allows its use and disposal in compliance
with applicable statutes and regulations;
(4) To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
(5) To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
(6) To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the POTW; and
(7) To enable the city to comply with its TPDES permit conditions, sludge
use and disposal requirements and any other federal or state laws
to which the POTW is subject.
This article shall apply to all industrial users of the POTW.
This article authorizes the issuance of wastewater discharge permits;
authorizes monitoring, compliance and enforcement activities, establishes
administrative review procedures; requires industrial user reporting,
and provides for the setting of fees for the equitable distributions
of costs resulting from the program established herein.
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(B) Administration.
Except as otherwise provided herein, the manager of technical
services shall administer, implement, and enforce the provisions of
this article. Any powers granted to or duties imposed upon the manager
may be delegated by the manager to other city personnel.
(C) Definitions.
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, have the meanings hereinafter
designated.
(1) Act or “the act”.
The Federal
Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251 et seq.
(2) Approval authority.
The words “approval
authority” shall mean the executive director of the Texas Commission
on Environmental Quality (TCEQ).
(3) Authorized representative of the industrial user.
(a) If the industrial user is a corporation, “authorized representative”
shall mean:
(i) 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
(ii)
The manager of one or more manufacturing, production, or operation
facilities, provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making 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 control
mechanism requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures.
(b) If the industrial user is a partnership, or sole proprietorship,
an authorized representative means a general partner or proprietor,
respectively.
(c) The individuals described in subsections (a) and (b) 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, such as the position of plant manager, operator of a well,
or well field superintendent, or position of equivalent responsibility,
or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the control
authority.
(4) Best management practices (BMPs).
Schedules
of activities, prohibitions of practices, maintenance procedures,
and other management practices to implement the prohibitions listed
in 40 CFR 403.5(a)(1) and (b). BMPs also include treatment requirements,
operating procedures, and practices to control plant site run-off,
spillage or leaks, sludge or waste disposal, or drainage from raw
materials storage.
(5) Biochemical oxygen demand (BOD).
A
measurement of the amount of oxygen utilized by the decomposition
of organic material, over a specified time (usually 5 days) in a wastewater
sample; it is used as a measurement of the readily decomposable organic
content of a wastewater.
(6) Categorical pretreatment standard or categorical standard.
Any regulation containing pollutant discharge limits
promulgated by the U.S. EPA in accordance with sections 307(b) and
(c) of the Act (33 U.S.C 1317) which apply to a specific category
of industrial users and which appear in 40 CFR chapter I, subchapter
N, parts 405–471.
(7) Chemical oxygen demand (COD).
The measure
of the oxygen-consuming capacity expressed in milligrams per liter.
It is expressed as the amount of oxygen consumed from a chemical oxidant
in a specific test. It does not differentiate between stable and unstable
organic matter and thus may not correlate with BOD.
(8) City.
The word “city” shall
be the City of Garland together with all its governing and operating
bodies.
(9) Color.
The optical density at the visual
wavelength of maximum absorption, relative to distilled water. One
hundred percent (100%) transmittance is equivalent to zero (0.0) optical
density.
(10) Composite sample.
The sample resulting
from the combination of several discrete wastewater samples collected
at equal time intervals, or proportionally to the flow rate of the
discharge.
(11) Control authority.
The words “control
authority” shall mean the pretreatment compliance manager, or
other official designated by the city manager of the city or his duly
authorized deputy, agent or representative.
(12) Daily discharge.
The measurement of
a pollutant in a discharge sample that has been collected during a
calendar day or as a composite sample within a 24-hour period.
(13) Daily maximum limit.
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 concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration
derived from all measurements taken that day.
(14) Environmental protection agency or EPA.
The U.S. Environmental Protection Agency or, where appropriate, the
term may also be used as a designation for the regional water management
division director or other duly authorized official of that agency.
(15) Existing source.
Any source of discharge,
the construction or operation of which commenced prior to the publication
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.
(16) Grab sample.
A sample which is taken
from a waste stream on a one-time basis without regard to the flow
in the waste stream and without consideration of time.
(17) Indirect discharge or discharge.
The
introduction of (non-domestic) pollutants into the POTW from any non-domestic
source regulated under section 307(b), (c) or (d) of the Act.
(18) Industrial user or user.
A source of
non-domestic indirect discharge.
(19) Industrial waste board.
The words “industrial
waste board” shall mean the persons appointed by the city council
to review the actions of the control authority at the request of a
person whose industrial sewer connection permit has been denied or
suspended. The board shall consist of three (3) members. One shall
be the deputy city manager, one shall be a taxpaying resident representative
of a city industry permitted under this article, and one shall be
a disinterested tax paying resident citizen.
(20) Instantaneous limit.
The maximum concentration
of a pollutant allowed to be discharged at any time, determined from
the analysis of any discrete or composited sample collected, independent
of the industrial flow rate and the duration of the sampling event.
(21) Interference.
A discharge which alone
or in conjunction with a discharge or discharges from other sources:
(a) Inhibits or disrupts the POTW, its treatment processes or operations
or its sludge processes, use or disposal;
(b) Causes a violation of the city’s TPDES permit or prevents sewage
sludge use or disposal in compliance with any of the following statutory/regulatory
provisions or permits issued there under (or more stringent state
or local regulations): section 405 of the Clean Water Act; the Solid
Waste Disposal Act (SWDA), 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 SWDA; the Clean Air Act; the Toxic Substances Control
Act; and the Marine Protection, Research and Sanctuaries Act; or
(c) Restricts the flow in a public sewer.
(22) Maximum allowable head works loading (MAHL).
The amount of a pollutant (in pounds) in the influent (head
works) of a wastewater treatment plant above which inhibition, sludge
contamination, or pass through will occur or which will be expected
to occur by the control authority.
(23) Monthly average limit.
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 “daily
discharges” measured during that month.
(24) New source.
(a) 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 the
section, provided that:
(i)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(ii)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(iii)
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.
(b) Construction on a site at which an existing source is located is 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
(24)(a)(ii) or (iii) above but otherwise alters, replaces or adds to existing process or production equipment.
(c) Construction of a new source as defined under this subsection has
commenced if the owner or operator has:
(i)
Begun, or caused to begin as part of a continuous onsite construction
program; or
A.
Any placement, assembly, or installation of facilities or equipment;
or
B.
Significant site preparation work including clearing, excavation,
or removal of existing building, structures, or facilities which is
necessary for the placement, assembly, or installation of new source
facilities or equipment; or
(ii)
Entered in 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.
(25) Non-contact cooling water.
Water used
for cooling which does not come into direct contact with any raw material
intermediate product, waste product, or finished product.
(26) Pass through.
A discharge which exits
the POTW into water of the U.S. in quantities or concentrations which,
alone or in conjunction with a discharge or discharges from other
sources, is a cause of potential violation of any requirement of the
city’s TPDES permit (including an increase in the magnitude
or duration of a potential violation).
(27) Person.
Any individual, partnership,
co-partnership, firm, company, corporation. Association, joint stock
company, trust, estate, governmental entity or any other legal entity,
or their legal representative, agents, or assigns. This definition
includes all federal, state, or local governmental entities but does
not include, unless otherwise specified, the city.
(28) pH.
A measure of the acidity or alkalinity
of a substance expressed as the reciprocal of the logarithm (base
10) of the hydrogen ion concentration.
(29) Pollutant.
Any dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions,
medical wastes, chemical wastes, (including organic chemicals) industrial
wastes, biological materials, radioactive materials, heat, wrecked
or discharged equipment, rock, sand, cellar dirt, agricultural and
industrial wastes, and the characteristics of the wastewater [i.e.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, odor].
(30) Pretreatment.
The reduction of the
amount of pollutants, the elimination of pollutants, or the alteration
of the nature of pollutant properties in wastewater prior to or in
lieu of introducing such pollutants into the POTW. 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.
(31) Pretreatment requirements.
Any substantive
or procedural requirement related to pretreatment imposed on an industrial
user, other than a pretreatment standard.
(32) Pretreatment standards or standards.
Pretreatment standards shall mean prohibitive discharge standards,
categorical pretreatment standards, and local limits.
(33) Prohibited discharge standards or prohibited discharges.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section
22.141(A) of this article.
(34) Process wastewater.
Any water which,
during manufacturing or processing, comes into direct contact with
or results from the production or use of any raw material, intermediate
product, finished product, by-product, or waste product.
(35) Publicly owned treatment works or POTW.
A “treatment works” as defined by section 212 of the
Act (33 U.S.C. 1292), which is owned by the State or municipality.
This definition includes any devices or systems used in the collection,
storage, treatment, recycling and reclamation of sewage or industrial
wastes and any conveyances which convey wastewater to a treatment
plant. The term also means the municipal entity having jurisdiction
over the industrial users and responsibility for the operation and
maintenance of the treatment works.
(36) Septic tank waste.
Any sewage from
holding tanks such as vessels, chemical toilets, campers, trailers,
and septic tanks.
(37) Sewage.
Human excrement and gray water
(including, but not limited to household showers and dishwashing operations).
(38) Sewer service charge.
The words “sewer
service charge” shall mean the charge made on all users of the
public sewage system whose wastes do not exceed in strength and concentration
values established as representative of normal sewage.
(39) Significant industrial user.
Shall
apply to:
(a) Industrial users subject to categorical pretreatment standards; and
(b) Any other industrial user that:
(i)
Discharges an average of 25,000 gpd or more of process wastewater;
(ii)
Contributes a process waste stream which makes up 5 percent
(5%) or more of the average dry weather hydraulic or organic capacity
of the treatment plant; or
(iii)
Is designated as significant 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.
(40) Slug load.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section
22.141 of this article or 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 other way violate the POTW’s regulations, local limits or permit conditions.
(41) Standard Industrial Classification (SIC) Code.
A classification pursuant to the “Standard Industrial
Classification Manual” issued by the U.S. Office of Management
and Budget.
(42) Stormwater.
Any flow occurring during
or following any form of natural precipitation, and resulting there
from, including snowmelt.
(43) Surcharge.
The word “surcharge”
or “industrial waste surcharge” shall mean the charge
in addition to the published water and sewer rates. The basis for
surcharges on industrial wastes is a capital and operating cost for
suspended solids, BOD and chlorine demand exceeding normal sewage.
(44) Suspended solids.
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.
(45) Toxic pollutant.
One of 126 pollutants,
or combination of those pollutants, listed as toxic in regulations
promulgated by the EPA under the provision of section 307 (33 U.S.C.
1317) of the Act.
(46) Treatment plant effluent.
Any discharge
of pollutants from the POTW into waters of the state.
(47) Wastewater.
Liquid and water-carried
industrial wastes, and sewage from residential dwellings, commercial
buildings, industrial and manufacturing facilities, and institutions,
whether treated or untreated, which are contributed to the POTW.
(48) Wastewater treatment plant or treatment plant.
That portion of the POTW designed to provide treatment of sewage
and industrial waste.
Shall is mandatory; may is permissive or discretionary. The
use of singular shall be construed to include the plural and the plural
shall include the singular as indicated by the context of its use.
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(D) Abbreviations.
The following abbreviations shall have the designated meanings:
BMP
|
Best management plan
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BOD
|
Biochemical oxygen demand
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C
|
Centigrade (as a measure of temperature)
|
CFR
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
EPA
|
U.S. Environmental Protection Agency
|
F
|
Fahrenheit (as a measure of temperature)
|
gpd
|
Gallons per day
|
L
|
Liter
|
MAHL
|
Maximum allowable headworks loading
|
mg
|
Milligrams
|
mg/l
|
Milligrams per Liter
|
TPDES
|
Texas Pollutant Discharge Elimination System
|
O&M
|
Operations and maintenance
|
POTW
|
Publicly owned treatment works
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RCRA
|
Resource Conservation and Recovery Act
|
SIC
|
Standard industrial classifications
|
SWDA
|
Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
|
TCEQ
|
Texas Commission on Environmental Quality
|
TRC
|
Technical review criteria
|
TSS
|
Total suspended solids
|
USC
|
United States Code
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(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 1, adopted 3/2/21)
(A) Prohibited
discharge standards.
No industrial user shall introduce
or cause to be introduced into the POTW any pollutant or wastewater
which causes pass through or interference. These general prohibitions
apply to all industrial users of the POTW whether or not they are
subject to categorical pretreatment standards or any other National,
State, or local pretreatment standards or requirement. Furthermore,
no industrial user may contribute the following substances to the
POTW:
(1) Pollutants which create a fire or explosive hazard in either the
municipal wastewater collections system or POTW, including, but not
limited to, waste streams with a closed-cup flashpoint of less than
140 degrees F (60 degrees C) using the test methods specified in 40
CFR 261.21
(2) Any wastewater having a pH less than 5.0 or more than 11.0, or otherwise
causing corrosive structural damage to the POTW or equipment, or endangering
city personnel.
(3) Solid or viscous substances in amounts which will cause obstruction
of the flow either in the conveyance system or in the POTW resulting
in interference.
(4) Any wastewater containing pollutants, including oxygen demanding
pollutants (BOD, for example), released in a discharge at a flow rate
or pollutant concentration which, either singly or by interaction
with other pollutants, will cause interference with either the POTW
or any wastewater treatment or sludge process, or which will constitute
a hazard to humans or animals.
(5) Any wastewater having a temperature greater than 150 degrees F (65
degrees C), or which will inhibit biological activity in the treatment
plant resulting in interference, but in no case wastewater which causes
the temperature at the introduction into the treatment plant to exceed
104 degrees F (40 degrees C).
(6) Petroleum oil, non-biodegradable cutting oil, or products of mineral
oil origin, in amounts that will cause interference or pass through.
(7) Any pollutants which result in the presence of toxic gases, vapors,
or fumes within the POTW in a quantity that may cause acute worker
health and safety problems.
(8) Any trucked or hauled pollutants, except at discharge points designated by the control authority and in accordance with section
22.142(E).
(9) Any noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient
to create a public nuisance, a hazard to life, or to prevent entry
into the sewers for maintenance and repair.
(10) Any wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and vegetable
tanning solutions, which consequently imparts color to the POTW’s
effluent.
(11) Stormwater, surface water, ground water, roof runoff, subsurface
drainage, and unpolluted industrial wastewater, unless specifically
authorized by the control authority.
(12) Any sludge, screenings, or other residues from the pretreatment of
industrial wastes.
(13) Any wastewater containing pollutants deemed highly toxic by the control
authority and discharged at a flow volume capable of causing toxicity
at the POTW.
(14) Any wastes containing detergents, surface active agents, or other
substances which cause excessive foaming in the POTW.
(15) Any discharge of fats, oils, or greases of animal or vegetable origin
in excess of two hundred (200) mg/l (1668 pounds per million gallons).
(16) Any wastewater from an underground storage tank or tank hole containing
gasoline, motor oils or lubricating oils, unless specifically authorized
by the control authority.
(17) Any pollutant in an amount which singly or in combination with discharges
from other industrial users creates an influent or sludge concentration
at the POTW approaching, equal to or exceeding the MAHL for that pollutant
as established by the control authority except as specifically approved
by the Manager of Technical Services.
Wastes prohibited by this section shall not be processed or
stored in such a manner that they could be discharged to the POTW.
All floor drains located in process or materials storage areas must
discharge to the industrial user’s pretreatment facility before
connecting with the POTW.
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(B) Federal
categorical pretreatment standards.
(1) The national categorical pretreatment standards found in 40 CFR chapter
I, subchapter N, parts 405–471 are hereby incorporated by reference.
(2) When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same Standard, the control
authority shall impose an alternate limit in accordance with 40 CFR
part 403.6(e).
(C) Specific
pollutant limitations.
(1) The following uniform concentration-based pollutant limits are established
to protect against pass-through, sludge contamination, and interference.
No person shall discharge wastewater containing in excess of the following
maximum allowable discharge limits:
Maximum Allowable Sample
|
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Pollutant
|
Concentration
|
Type
|
---|
Arsenic
|
1.1 mg/l
|
Composite
|
Cadmium
|
0.2 mg/l
|
Composite
|
Chromium
|
17 mg/l
|
Composite
|
Copper
|
0.5 mg/l
|
Composite
|
Lead
|
2.3 mg/l
|
Composite
|
Mercury
|
0.005 mg/l
|
Composite
|
Nickel
|
5.8 mg/l
|
Composite
|
Selenium
|
0.7 mg/l
|
Composite
|
Silver
|
0.7 mg/l
|
Composite
|
Zinc
|
15 mg/l
|
Composite
|
(2) Concentrations apply at the point where the industrial waste is discharged
to the POTW unless otherwise specified by the control authority. All
concentrations are for “total” substance unless indicated
otherwise. The control authority may impose mass limitations in addition
to or in place of the concentration-based limitation above.
(D) City’s
right of revision.
The control authority reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in section
22.140(A) of this article or the general and specific prohibitions in subsection
(A) of above.
(E) Special
agreement.
The control authority reserves the right to
enter into special agreements with industrial users setting out special
terms under which they may discharge to the POTW. In no case will
a special agreement waive compliance with a pretreatment standard
or requirement. However, the industrial user may request a net gross
adjustment to a categorical standard in accordance with 40 CFR 403.15.
An industrial user may also request a variance form the categorical
pretreatment standards from EPA. Such a request will be approved only
if the industrial user proves that factors relating to its discharge
are fundamentally different form the factors considered by the DPA
when establishing that pretreatment standard. An industrial user requesting
a fundamentally different factor variance must comply with the procedural
and substantive provisions of 40 CFR 403.13.
(F) Dilution.
No industrial user shall ever increase the use of process water,
or in any way attempt to dilute a discharge, as a partial or complete
substitute for adequate treatment to achieve compliance with a discharge
limitation unless expressly authorized by an applicable pretreatment
standard or requirement. The control authority may impose mass limitations
on industrial users which are using dilution to meet applicable pretreatment
standards or requirements, or in other cases when the imposition of
mass limitations is appropriate.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 2, adopted 3/2/21)
(A) Pretreatment
facilities.
Industrial users shall provide necessary wastewater treatment as required to comply with this article and shall achieve compliance with all categorical pretreatment standards, local limits and the prohibitions set out in section
22.141(A) above within the time limitations specified by the EPA, or the control authority, whichever is more stringent. Any facilities required to pre-treat wastewater to a level acceptable to the control authority shall be provided, operated, and maintained at the industrial user’s sole expense. Detailed plans (sealed by a registered professional engineer) showing the pretreatment facilities and operating procedures shall be submitted to the control authority for review, and shall be acceptable to the control authority before construction of the facility. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the control authority under the provisions of this article.
(B) Additional
pretreatment measures.
(1) Grease, oil and sand interceptors shall be provided when, in the
opinion of the control authority, they are necessary for the proper
handling of wastewater containing excessive amounts of grease and
oil, or sand; except that such interceptors shall not be required
for residential users. All interception units shall be of type and
capacity approved by the control authority and shall be so located
to be easily accessible for cleaning and inspection. Such interceptors
shall be inspected, cleaned, maintained in proper operating condition
and repaired regularly, as needed, by the owner at his expense. No
in-line provisions for bypass of grease, oil or sand interceptors
shall be allowed.
(2) Industrial users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detection meter.
(3) At no time shall two readings on a combustible gas detection meter
at the point of discharge into the POTW, or at any point in the POTW,
be more than ten percent (10%) of the lower explosive limit (LEL)
of the meter.
(C) Accidental
discharge/slug control plans.
The control authority may
require any industrial user to develop and implement an accidental
discharge/slug control plan. Within one (1) year of being designated
a significant industrial user the control authority shall evaluate
whether each significant industrial user needs such a plan. Any industrial
user required to develop and implement an accidental discharge/slug
control plan shall submit a plan which addresses, at a minimum, the
following:
(1) Description of discharge practices, including nonroutine batch discharges.
(2) Description of stored chemicals.
(3) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in section
22.141(A) of this article.
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants (including solvents), and
measures and equipment for emergency response.
(D) Tenant
responsibility.
Where an owner of property leases premises
to another person as a tenant under any rental or lease agreement,
if either the owner or the tenant is an industrial user, either or
both may be held responsible for compliance with the provisions of
this article.
(E) Hauled
wastewater.
The discharge of hauled industrial wastes
as “industrial sewage” requires prior approval and a wastewater
discharge permit from the control authority. The control authority
shall have authority to prohibit the disposal of such wastes. Waste
haulers are subject to all other sections of this article.
(F) Vandalism.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in sections
22.149 and
22.150 below.
(G) Act
of God defense.
(1) Act of God defense.
The Act of God defense constitutes
a statutory affirmative defense [Texas Water Code section 7.251] in
an action brought in municipal or state court. If a person can establish
that an event that would otherwise be a violation of a pretreatment
ordinance, or a permit issued under the ordinance, was caused solely
by an act of God, war, strike, riot or other catastrophe, the event
is not a violation of the ordinance or permit.
(2) An industrial user who wishes to establish the Act of God affirmative
defense shall demonstrate, through relevant evidence that:
(a) An event that would otherwise be a violation of a pretreatment ordinance
or a permit issued under the ordinance, occurred, and the sole cause
of the event was an act of God, war, strike, riot or other catastrophe;
and
(b) The industrial user has submitted the following information to the
POTW and the City within 24 hours of becoming aware of the event that
would otherwise be in violation of a pretreatment ordinance or a permit
issued under the ordinance (if this information is provided orally,
a written submission must be provided within five days):
(i) A description of the event, and the nature and cause of the event;
(ii)
The time period of the event, including exact dates and times
or, if still continuing, the anticipated time the event is expected
to continue; and
(iii)
Steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
(3) Burden of proof.
In any enforcement proceeding, the
industrial user seeking to establish the Act of God affirmative defense
shall have the burden of proving by a preponderance of the evidence
that an event that would otherwise be a violation of a pretreatment
ordinance, or a permit issued under the ordinance, was caused solely
by an act of God, war, strike, riot or other catastrophe.
(H) Bypass.
No industrial user shall intentionally divert wastestreams from
any portion of an industrial user’s treatment facility (bypass)
unless all procedural and substantive provisions in 40 CRF 403.17
are met.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 5936, sec. 1, adopted 9/20/05; Ordinance 6417, sec. 1, adopted 8/17/10)
(A) Wastewater
survey.
When requested by the control authority all industrial
users must submit information on the nature and characteristics of
their wastewater by completing a wastewater survey. The control authority
is authorized to prepare a form for this purpose and may periodically
require industrial users to update the survey. Failure to complete
this survey shall be reasonable grounds for terminating service to
the industrial user and shall be considered a violation of this article.
(B) Wastewater
discharge permit requirement.
(1) It shall be unlawful for any significant industrial user to discharge wastewater into the City’s POTW without first obtaining a wastewater discharge permit from the control authority. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections
22.149 and
22.150. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal pretreatment standards or requirements or with any other requirements of federal, state and local law.
(2) The control authority may require other industrial users, including
liquid waste haulers, to obtain wastewater discharge permits as necessary
to carry out the purposes of this article.
(C) Wastewater
discharge permitting for existing connections.
Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this article and which wishes to continue such discharges in the future, shall, within sixty (60) days after the effective date, apply to the control authority for a wastewater discharge permit in accordance with subsection
(F) below, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the control authority.
(D) Wastewater
discharge permitting.
Any significant industrial user
proposing to begin or recommence discharging industrial wastes into
the POTW must obtain a wastewater discharge permit prior to the beginning
or recommencing of such discharge. An application for this wastewater
discharge permit must be filed at least thirty (30) days prior to
the date upon which any discharge will begin.
(E) Wastewater
discharge permitting for extrajurisdictional industrial users.
(1) Any existing significant industrial user located beyond City limits
shall submit a wastewater discharge permit application, in accordance
with subsection (F) below, within thirty (30) days of the effective
date of this article. New significant industrial users located beyond
City limits shall submit such applications to the control authority
thirty (30) days prior to any proposed discharge into the POTW.
(2) Alternately, the control authority may enter into a written agreement
with the neighboring jurisdiction in which the significant industrial
user is located to provide for the implementation and enforcement
(including permitting) of pretreatment program requirements against
the industrial user.
(F) Wastewater
discharge permit application contents.
In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit shall submit the information required by section
22.145(A)(2) of this article. The control authority shall provide a form to be used as a permit application. In addition, the following information shall be submitted:
(1) Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged to the POTW.
(2) Number and type of employees, hours of operation, hours of discharge
and proposed or actual hours of operation of the industrial user.
(3) Each product produced by type, amount, process or processes, and
rate of production.
(4) A map of the property showing accurately all sewers and drains.
(5) The site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge.
(6) Time and duration of all the discharges.
(7) Any other information as may be deemed necessary by the control authority
to evaluate the wastewater discharge permit application.
(8) Plans and specifications sealed by a registered professional engineer
detailing all pretreatment facilities and processes including any
grease, oil or sand interceptors and control manholes.
Incomplete or inaccurate applications will not be processed
and will be returned to the industrial user for revision.
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(G) Application
signatories and certification.
All wastewater discharge
permit applications and industrial user reports must contain the following
certification statement and be signed by an authorized representative
of the industrial user.
“I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information
submitted is to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
(H) Wastewater
discharge permit decisions.
The control authority shall evaluate the data furnished by the industrial user and may require additional information. Within twenty (20) working days of receipt of a complete wastewater discharge permit application, the control authority shall determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application shall be deemed denied. The control authority may deny any application for a wastewater discharge permit based upon the provisions of this article, other applicable local law, or applicable state or federal law. Any applicant denied a wastewater discharge permit may appeal the control authority decision to the Industrial Waste Board in accordance with section
22.144(F).
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10)
(A) Wastewater
discharge permit duration.
Wastewater discharge permits
shall generally be valid from the date of issuance until the last
day of September, of the fifth year after issuance (five-year permit
period). A wastewater discharge permit may be issued for a period
of less than five (5) years, at the discretion of the control authority.
Each wastewater discharge permit shall indicate the specific date
upon which it will expire.
(B) Wastewater
discharge permit contents.
Wastewater discharge permits
shall include such conditions as are reasonably deemed necessary by
the control authority to prevent pass through or interference, protect
the quality of the water body receiving the POTW’s effluent,
protect worker health and safety, facilitate sludge management and
disposal, protect ambient air quality, and protect against damage
to the POTW.
(1) Wastewater discharge permits shall contain the following conditions:
(a) A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years.
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to the control authority in accordance with section
22.144(D) of this article, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit.
(c) Effluent limits, including BMPs, applicable to the user based on
applicable standards in federal, state, and local law.
(d) Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency,
and sample type based on federal, state, and local law.
(e) Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedule may not extend the time for compliance beyond
that required by applicable federal, state, or local law.
(f) Requirements to control slug discharges, if determined by the control
authority to be necessary.
(2) Wastewater discharge permits may also contain, at the discretion
of the control authority, the following:
(a) Limits on the average and maximum rate of discharge, time of discharge,
or requirements for flow regulation and equalization.
(b) Limits on the instantaneous, daily, and monthly average or maximum
concentration, mass, or other measure of identified wastewater pollutants
or properties.
(c) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the POTW.
(d) Development and implementation of spill control plans or other special
conditions including management practices necessary to adequately
prevent accidental, unanticipated, or non-routine discharges.
(e) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
(f) The schedule of industrial user charges and fees for wastewater discharged
to the POTW.
(g) Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(h) A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with
all applicable federal standards, including those which become effective
during the term of the wastewater discharge permit.
(i) Other conditions as deemed appropriate by the control authority to
ensure compliance with this article, and federal, state, and local
laws, rules, and regulations.
(C) Wastewater
discharge permit modification.
The control authority
may modify the wastewater discharge permit for good cause including,
but not limited to, the following:
(1) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
(2) To address significant alterations or additions to the industrial
user’s operation, processes, or wastewater volume or character
since the time of wastewater discharge permit issuance.
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge.
(4) Information indicating that the permitted discharge poses a threat
to the city’s POTW, personnel, or the receiving waters.
(5) Violation of any terms or conditions of the wastewater discharge
permit.
(6) Misrepresentations or failure to fully disclose all relevant facts
in the wastewater discharge permit application or in any required
reporting.
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
(8) To correct typographical or other errors in the wastewater discharge
permit.
The filing of a request by the permittee for a wastewater discharge
permit modification does not stay any wastewater discharge permit
condition.
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(D) Wastewater
discharge permit transfer.
Wastewater discharge permits
may be transferred to a new owner or operator only if the permittee
gives at least thirty (30) days advance notice to the control authority
and the control authority approves the wastewater discharge permit
transfer. The notice to the control authority must include a written
certification by the new owner or operator which:
(1) States that the new owner and/or operator have no immediate intent
to change the facility’s operations and processes;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
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(E) Wastewater
discharge permit suspension.
Wastewater discharge permits
may be suspended for the following reasons:
(1) Failure to notify the control authority of significant changes to
the wastewater prior to the changed discharge.
(2) Failure to provide prior notification to the control authority of changed condition pursuant to section
22.145(E).
(3) Misrepresentation or failure to fully disclose all relevant facts
in the wastewater discharge permit application.
(4) Falsifying self-monitoring reports and certification statements.
(5) Tampering with monitoring equipment.
(6) Refusing to allow the control authority timely access to the facility
premises and records.
(7) Failure to meet effluent limitations.
(8) Failure to remit fines or penalties after a final, non-appealable
judgment has been rendered thereon.
(9) Failure to pay sewer charges (including industrial waste surcharge).
(10) Failure to meet compliance schedules.
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application.
(12) Violation of any pretreatment standard or requirement, or any terms
of the wastewater discharge permit or this article.
Wastewater discharge permits shall be voidable upon nonuse or
cessation of operations. All wastewater discharge permits are void
upon the issuance of a new wastewater discharge permit. Permittees
with suspended wastewater permits shall admit no wastewater to the
POTW.
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(F) Industrial
waste board appeal.
(1) Any applicant denied a permit under this article, or any permittee
whose permit has been suspended, shall have the right to a hearing
before the industrial waste board.
(2) Requests for a hearing shall be made in writing and received by the
control authority within ten (10) days of the action complained of.
The control authority, within five (5) days of receipt of the request,
shall schedule a hearing before the industrial waste board.
(3) The industrial waste board shall have the authority to review all
pertinent files and information regarding the applicant/permittee
which are in the custody of the control authority. Additionally, the
Board shall have the authority to accept written and verbal testimony
from the control authority, applicant, and interested citizens.
(4) The board shall have the authority to assess whether the control
authority acted properly within its power under this article in its
denial or suspension of permit. The majority vote of the Board shall
determine whether to uphold or reject the control authority’s
action. Upholding the action of the control authority shall affirm
the denial or suspension. Rejection of the control authority’s
actions shall automatically reinstate a suspended permit or shall
cause the control authority to repeat the application process.
(5) The board shall have no authority to review or act on any action
of the control authority other than permit denials or permit suspensions.
(6) No person whose wastewater discharge permit has been denied or suspended
shall discharge industrial waste to the public sewer prior to final
determination by the industrial waste board.
(G) Wastewater
discharge permit re-issuance.
A significant industrial user shall apply for wastewater discharge permit re-issuance by submitting a complete wastewater discharge permit application in accordance with section
22.143(F) a minimum of thirty (30) days prior to the expiration of the industrial user’s existing wastewater discharge permit.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 5936, secs. 2–4, 9/20/05; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 3, adopted 3/2/21)
(A) Baseline
monitoring reports.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall submit to the control authority a report which contains the information listed in subsection
(2), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that become industrial users subsequent to the promulgation of an applicable categorical standard, shall submit to the control authority a report which contains the information listed in subsection
(2), below. A new source shall also report the method of pretreatment it intends to sue to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) The industrial user shall submit the following information required
by the section including:
(a) Identifying information.
The name and address of the
facility including the name of the operator and owners.
(b) Wastewater discharge permits.
A list of any environmental
control wastewater discharge permits held by or for the facility.
(c) Description of operations.
A brief description of the
nature, average rate of production, and standard industrial classifications
of the operation(s) carried out by such industrial user. This description
shall include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes.
(d) Flow measurement.
Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW from
regulated process streams and other streams, as necessary, to allow
use of the combined waste stream formula set out in 40 CFR 403.6(e).
(e) Measure of pollutants.
(i) Identify the categorical pretreatment standard applicable to each
regulated process.
(ii)
Submit the results of sampling an analysis identifying the nature and concentration (and mass, where required by the standard or by the control authority) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall by analyzed in accordance with procedures set out in section
22.145(J). In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the control authority or the applicable standards to determine compliance with the standard.
(iii)
Sampling must be performed in accordance with procedures set out in section
22.145(K).
(iv)
The control authority may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures.
(f) Certification.
A statement reviewed and signed by the
industrial user’s authorized representative indicating whether
pretreatment standards are being met on a consistent basis and, if
not, whether additional operation and maintenance and additional pretreatment
is required to meet the pretreatment standards and requirements.
(g) Compliance schedule.
If additional pretreatment and
O&M will be required to meet the pretreatment standards, the shortest
schedule by which the industrial user will provide such additional
pretreatment and O&M shall be required. The completion date in
this schedule shall not be later than the compliance date established
for the applicable pretreatment standard.
(h) Signatories and certification.
All baseline monitoring reports must be signed and certified in accordance with section
22.143(G).
(B) Compliance
schedule progress report.
The following conditions shall
apply to the schedule require by 22.145(A)(2)(g). The schedule shall
contain progress increments in the form of dates for the commencement
and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable
pretreatment standards (such events may include hiring an engineer,
completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, beginning and
conducting routine operation.) No increment referred to above shall
exceed thirty (30) days. The industrial user shall submit a progress
report to the control authority no later than 14 days following each
date in the schedule and the final date of compliance including, as
a minimum, whether or not it complied with the increment of progress,
the reason for any delay and, if appropriate the steps being taken
by the industrial user to return to the established schedule. In no
event shall more than thirty (30) days elapse between such progress
reports to the control authority.
(C) Report
on compliance with categorical pretreatment standard deadline.
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the control authority a report containing the information described in section
22.145(A)(2)(d)–(f). For industrial users subject to the equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), the report shall contain a reasonable measure of the industrial user’s actual production during the appropriate sampling period. All compliance reports shall be signed and certified in accordance with section
22.143(G).
(D) Periodic
compliance reports.
(1) All significant industrial users shall, on the dates and at a frequency determined by the control authority but in no case less than twice per year, submit a report indicating the nature, concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows of the reported period. In cases where the pretreatment standard requires compliance with a best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by control authority or the pretreatment standard necessary to determine compliance status of the user. All periodic compliance reports shall be signed and certified in accordance with section
22.143(G). This sampling and analysis may be performed by the control authority in lieu of the industrial user. Where the POTW performs the required sampling and analysis in lieu of the industrial user, the user will not be required to submit the compliance certification required in section
22.143(G) of this article. In addition, where the POTW itself collects all the information required for the report, including flow data, the industrial user will not be required to submit the report.
(2) All wastewater samples must be representative of the industrial user’s
discharge. Wastewater monitoring and flow measurement facilities shall
be properly operated, kept clean, and maintained in good working order
at all times. The failure of an industrial user to keep its monitoring
facility in good working order shall not be grounds for the industrial
user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirement of this section monitors any regulated pollutant at the appropriate sampling location more frequently than required by the POTW, using the procedures prescribed in section
22.145(J) and section
22.145(K) of this article the results of such monitoring shall be included in the report.
(E) Report
of changed conditions.
Each industrial user is required
to notify the control authority of any planned significant changes
to the industrial user’s operations or system which might alter
the nature, quality, or volume of its wastewater at least five (5)
working days before the change.
(1) The control authority may require the industrial user to submit such information as may be deemed necessary to evaluate the change condition, including the submission of a wastewater discharge permit application under section
22.143(F).
(2) The control authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit under section
22.144.
(3) No industrial user shall implement the planned changed condition(s)
until and unless the control authority has responded to the industrial
user’s notice.
(4) For purposes of this requirement flow increases of twenty percent
(20%) of the average daily or monthly flow (based on the previous
year averages) or greater, a twenty percent (20%) increase in the
production rate, and the discharge of any previously unreported pollutants,
shall be deemed significant.
(F) Reports
of potential problems.
(1) In the case of any discharge including, but no limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load which may cause potential problems for the POTW (including a violation of the prohibited discharge standards in section
22.141(A) of this article), it is the responsibility of the industrial user to immediately telephone and notify the control authority of the incident. Notification shall include the location of discharge, type of waste, concentration, and volume, if known, and corrective actions taken by the industrial user.
(2) Within five (5) days following such discharge, the industrial user
shall, unless waived by the control authority, submit a detailed written
report describing the cause(s) of the discharge and the measures to
be taken by the industrial user to prevent similar future occurrences.
Such notification shall not relieve the industrial user of any expense,
loss, damage, or other liability which may be incurred as a result
of damage to the POTW, natural resources, or any other damage to person
or property; nor shall such notification relieve the industrial user
of any fines, civil penalties, or other liability which may be imposed
by this article or other law.
(3) Failure to notify the control authority of potential problem discharges
shall be deemed a separate violation of this article.
(4) A notice shall be permanently posted on the industrial user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection
(1) above. Industrial users shall ensure that all employees who may cause or suffer such a discharge to occur are advised of the emergency notification procedure.
(5) Significant industrial users are required to notify the control authority
immediately of any changes at its facility affecting the potential
for a slug discharge.
(G) Reports
from non-significant industrial users.
All industrial
users not subject to categorical pretreatment standards and not required
to obtain a wastewater discharge permit shall provide appropriate
reports to the control authority as required by the control authority.
(H) Notice
of violation/repeat sampling and reporting.
If sampling
performed by an industrial user indicates a violation, the industrial
user shall notify the control authority within 24 hours of becoming
aware of the violation. The industrial user shall also repeat the
sampling and analysis and submit the results of the repeat analysis
to the control authority within 30 days after becoming aware of the
violation. Resampling by the industrial user is not required if the
control authority performs sampling at the user’s facility at
least once a month, or if the control authority performs sampling
at the user between the time when the initial sampling was conducted
and the time when the user or the control authority receives the results
of this sampling, or if the control authority has performed the sampling
and analysis in lieu of the industrial user. If the control authority
performed the sampling and analysis in lieu of the industrial user,
the control authority will perform the repeat sampling and analysis
unless it notifies the user of the violation and requires the user
to perform the repeat sampling and analysis and submit the results
within the 30 day time frame.
(I) Notification
of the discharge of hazardous waste.
(1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR part 261. Such notification shall include the name of the hazardous waste as set forth in 40 CFR part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following twelve (12) months. All notifications must take place no later the 180 days after the discharge commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges shall be submitted under section
22.145(E), above.
(2) Dischargers are exempt from the requirements of subsection
(1) of this section during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulates under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the industrial user shall notify the
POTW, the EPA Regional Waste Management Waste Division Director, and
State hazardous waste authorities of the discharge of such substance
within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this section, the industrial
user shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(5) Industrial users that are permitted by the control authority shall
submit a copy of all manifests to the control authority documenting
offsite disposal of hazardous and non-hazardous waste.
(J) Analytical
requirements.
All pollutant analyses, including sampling
techniques, to be submitted as part of a wastewater discharge permit
application or report shall be performed in accordance with the techniques
prescribed in 40 CFR part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CRF part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling
and analyses must be performed in accordance with procedures approved
by the EPA.
(K) Sample
collection.
Samples collected to satisfy reporting requirements
must be based on data obtained through appropriate sampling analysis
performed during the period cover by the report, based on data that
is representative of conditions occurring during the reporting period.
(1) Except as indicated in subsection
(2) and
(3) below, the industrial user shall collect wastewater samples using 24-hour flow-proportional composite collection techniques, unless time-proportional composite sampling or grab sampling is authorized by the control authority. Where time-proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with Instantaneous Limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides,
and volatile organic chemicals shall be obtained using grab collection
techniques. Total residual chlorine, pH, and temperature samples cannot
be composited under any circumstances.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in section
22.145(A) and section
22.145(C) [40 CFR 403.12(b) and (d)], a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the control authority may authorize (in writing) a lower minimum of grab samples. For the reports required by section
22.145(D) of this article, the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by the applicable Pretreatment Standards and Requirements.
(L) Determination
of noncompliance.
The control authority may use a grab
sample(s) to determine noncompliance with pretreatment standards.
(M) Timing.
Written reports will be deemed to have been submitted on the
date post-marked. For reports which are not mailed, postage prepaid,
into a mail facility serviced by the U.S. Postal Service, the date
of the receipt of the report shall govern.
(N) Recordkeeping.
Industrial users and the control authority shall retain, and
make available for inspection and copying, all records and information
required to be retained under this article and documentation associated
with BMPs. These records shall remain available for a period of at
least three (3) years. This period shall be automatically extended
for the duration of any litigation concerning compliance with this
article, or where the industrial user has been specially notified
of a longer retention period by the control authority.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 4, adopted 3/2/21)
(A) Inspection
and sampling.
The control authority shall have the right
to enter the facilities of any industrial user to ascertain whether
the purpose of this article, or any permit or order issued hereunder,
is being met and whether the industrial user is complying with all
requirements thereof. Industrial users shall allow the control authority
ready access to all parts of the premises for the purposes of inspection,
sampling, records examination and copying, and the performance of
any additional duties.
(1) Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises,
the industrial user shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, personnel
from the control authority, state, and EPA will be permitted to enter
without substantial delay, for the purposes of performing their specific
responsibilities.
(2) The control authority, state, and EPA shall have the right to set
up on the industrial user’s property, or require installation
of, such devices as are necessary to conduct sampling and metering
of the user’s operations.
(3) The control authority may require the industrial user to install
monitoring equipment as necessary. The facility’s sampling and
monitoring equipment shall be maintained at all times in a safe and
proper operating condition by the industrial user at its own expense.
All devices used to measure wastewater flow and quality shall be calibrated
periodically to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to
the industrial facility to be inspected and sampled shall be promptly
removed by the industrial user at the written or verbal request of
the control authority and shall not be replaced. The costs of clearing
such access shall be born by the industrial user.
(5) Unreasonable delays in allowing control authority personnel access
to the industrial user’s premises shall be a violation of this
article.
(B) Search
warrants.
If the control authority has been refused access
to a building, structure or property or any part thereof, and if the
control authority has demonstrated probable cause to believe that
there may be a violation of this article or that there is a need to
inspect as part of a routine inspection program of the control authority
designed to verify compliance with this article or any permit or order
issued hereunder, or to protect the overall public health, safety
and welfare of the community, then upon application the Municipal
Court Judge may issue a search and seizure warrant describing therein
the specific location subject to the warrant. The warrant shall specify
what, if anything, may be searched and seized on the property described.
Such warrant shall be served at reasonable hours by the control authority
in the company of a uniformed police officer of the City. In the event
of an emergency affecting public health or safety, inspections may
be made without the issuance of a warrant.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10)
Information and data on an industrial user obtained from reports,
surveys, wastewater discharge permit applications, wastewater discharge
permits, and monitoring programs, and from control authority inspection
and sampling activities, shall be available to the public without
restriction unless the industrial user specifically requests, and
is able to demonstrate to the satisfaction of the control authority,
that the release of such information would divulge information, processes
or methods of production entitled to protection as trade secrets under
applicable state law. When requested and demonstrated by the industrial
user furnishing a report that such information should be held confidential,
the portions of a report which might disclose trade secrets or secret
processes shall not be made available for inspection by the public,
except as may be required by the Public Information Act, chapter 552
of the Texas Government Code, but shall be made available immediately
upon request to governmental agencies for uses related to the TPDES
program or pretreatment program, and in enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
and other “effluent data” as defined by 40 CFR 2.302 will
not be recognized as confidential information and will be available
to the public without restriction.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 5, adopted 3/2/21)
The control authority will publish annually, in a newspaper(s)
of general circulation that provides meaningful public notice within
the jurisdiction(s) served by the POTW of the industrial users which,
at any time during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements.
The term significant noncompliance shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of wastewater measurements taken for the same pollutant parameter during a 6-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by section
22.141 of this article;
(2) 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 6-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by section
22.141 of this article multiplied by the applicable TRC [1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH];
(3) Any other violation of a pretreatment standard or requirement as defined by section
22.141 of this article (daily maximum, long-term average, instantaneous limit, or narrative standard) that the control authority believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of personnel or the general public);
(4) Any
discharge of pollutants that has caused imminent endangerment to human
health, welfare or to the environment, or has resulted in the city’s
exercise of its emergency authority to halt or prevent a discharge;
(5) Failure
to meet, within 90 days of the scheduled date, a compliance schedule
milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
(6) Failure
to provide within 45 days after the due date, any required reports,
including baseline monitoring reports, 90-day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
(7) Failure
to accurately report noncompliance;
(8) Any
other violation or group of violations, 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.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 6, adopted 3/2/21)
(A) Notification
of violation.
Whenever the control authority finds that
any user has violated or is violating this article, a wastewater discharge
permit or order issued hereunder, or any other pretreatment requirement,
the control authority may serve upon the user a written notice of
violation. Within fifteen (15) days of the receipt of a notice of
violation an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the control authority. Submission
of the plan in no way relieves the user of liability for any violations
occurring before or after receipt of the notice of violation. Nothing
in this section shall limit he authority of the control authority
to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(B) Show
cause hearing.
The control authority may order any user
which causes or contributes to violation(s) of this article, wastewater
discharge permits, or orders issued hereunder, or any other pretreatment
standard or requirement, to appear before the control authority and
show cause why a proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why this proposed enforcement
action should not be taken. The notice of the hearing may be served
personally or by registered or certified mail (return receipt requested)
and shall be served at least five (5) working days prior to the hearing.
Such notice may be served on any authorized representative of the
user. Whether or not the user appears as ordered, immediate enforcement
action may be pursued following the hearing date. A show cause hearing
shall not be a prerequisite for taking any other action against the
user.
(C) Emergency
suspensions.
The control authority may immediately suspend
a user’s discharge (after informal notice to the user) whenever
such suspension is necessary in order to stop an actual or threatened
discharge which reasonably appears to present or cause an imminent
or substantial endangerment to the health or welfare of any person.
The control authority may also immediately suspend a user’s
discharge (after notice and opportunity to respond) that threatens
to interfere with the operation of the POTW, or which presents or
may present an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately
stop or eliminate its contribution. In the event of a user’s
failure to immediately comply voluntarily with the suspension order,
the control authority may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the POTW, its receiving stream, or endangerment to any person.
The control authority shall allow the user to recommence its discharge
when the user has demonstrated to the satisfaction of the control
authority that the period of endangerment has passed.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and measures taken to prevent any future occurrence to the control authority, prior to the date of any show cause hearing under section
22.149(B).
Nothing in this section shall be construed as requiring a hearing
prior to any emergency suspension under this section.
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(D) Permit
suspension/termination of discharge.
In addition to the provisions of section
22.144(E) of this article, any user that violates the following conditions of this section, wastewater discharge permits, or orders issued hereunder, is subject to permit suspension and discharge termination:
(1) Violation of any wastewater discharge permit condition or conditions;
(2) Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3) Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring or sampling; or
(5) Violation of the pretreatment standards in section
22.141(A) of this article.
Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 22.149(B) of this article why the proposed action should not be taken.
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(E) Compliance
orders.
When the control authority finds that a user
has violated, or continues to violate, any provision of this article,
an industrial wastewater discharge permit, or order issued hereunder,
or any other pretreatment standard or requirement, the control authority
may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities,
devices, or related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or prerequisite for, taking any other
action against the user.
(F) Cease
and desist orders.
When the control authority finds that
a user has violated, or continues to violate, any provision of this
article, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, or that
the user’s past violations are likely to recur, the control
authority may issue an order to the user directing it to cease and
desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against the user.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10; Ordinance 7203, sec. 7, adopted 3/2/21)
(A) Criminal
prosecution.
(1) Any user that intentionally, knowingly, recklessly or with criminal
negligence, violates any provision of this article, any orders or
wastewater discharge permits issued hereunder, or any other pretreatment
requirement shall, upon conviction, be guilty of a misdemeanor, punishable
by a fine of not more than two thousand ($2,000.00) dollars per violation
per day.
(2) Any user that intentionally, knowingly, recklessly or with criminal
negligence, introduces any substance into the POTW which causes personal
injury or property damage shall, upon conviction, be guilty of a misdemeanor
and be subject to a penalty of not less than one thousand dollars
($1,000.00) or not more than two thousand dollars ($2,000.00) per
violation per day. In the case of monthly or other long-term average
discharge limits, fines shall be assessed for each day during the
period of violation. This penalty shall be in addition to, and not
exclusive of, any other cause of action for personal injury or property
damage available under law.
(3) Any user that knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
article, wastewater discharge permit or order, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall, upon conviction, be punished by
a fine of not more than two thousand dollars ($2,000.00) per violation
per day.
(B) Injunctive
relief.
Whenever an industrial user has violated a pretreatment
standard or requirement or continues to violate the provisions of
this article, wastewater discharge permits or orders issued hereunder,
or any other pretreatment requirement, the control authority may petition
a court of proper jurisdiction in Dallas County, Texas through the
City Attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order, or other requirement imposed
by this article on activities of the industrial user. Such other action
as appropriate for legal or equitable relief may also be sought by
the control authority. A petition for injunctive relief need not be
filed as a prerequisite to taking any other action against a user.
(C) Remedies
nonexclusive.
The provisions in section
22.149 and this section are not exclusive remedies. The City reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations shall at minimum be consistent with the control authority’s enforcement response plan. However, the control authority reserves the right to take other action against any user when the circumstances warrant. Further, the control authority is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01)
Whenever a user has violated or continues to violate the provisions
of this article, orders, or wastewater discharge permits issued hereunder,
water service to the user may be terminated. Service will only recommence,
at the user’s expense, after it has satisfactorily demonstrated
its ability to comply.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10)
The control authority may adopt reasonable charges and fees
for reimbursement of costs of setting up and operating it’s
pretreatment program which may include:
(1) Fees
for wastewater discharge permit applications including the cost of
processing such applications.
(2) Fees
for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing an industrial user’s discharge,
and reviewing monitoring reports submitted by industrial users.
(3) Fees
for reviewing and responding to accidental discharge procedures and
construction.
(5) Other
fees as may be necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this article and
are separate from all other fees, fines and penalties chargeable by
the City.
(Ordinance 4646, sec. 1, adopted 12/22/92; Ordinance 5544, sec. 1, adopted 3/20/01; Ordinance 6417, sec. 1, adopted 8/17/10)