(a)
This article sets forth uniform requirements for users of the publicly
owned treatment works 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 publicly owned
treatment works that will interfere with its operation;
(2)
To prevent the introduction of pollutants into the publicly owned
treatment works that will pass through the publicly owned treatment
works, inadequately treated, into receiving waters, or otherwise be
incompatible with the publicly owned treatment works;
(3)
To protect both publicly owned treatment works personnel who may
be affected by wastewater and sludge in the course of their employment
and the general public;
(4)
To promote reuse and recycling of industrial wastewater and sludge
from the publicly owned treatment works;
(5)
To provide for fees for the equitable distribution of the cost of
operation, maintenance, and improvement of the publicly owned treatment
works; and
(6)
To enable the control authority to comply with its National Pollutant
Discharge Elimination System permit conditions, sludge use and disposal
requirements, and any other federal or state laws to which the publicly
owned treatment works is subject.
(b)
This article shall apply to all users of the publicly owned treatment
works. 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.
(2005 Code, sec. 13.4.101)
Except as otherwise provided herein, the designated city official
(DCO) shall administer, implement, and enforce the provisions of this
article. Any powers granted to or duties imposed upon the DCO may
be delegated by the DCO to other city personnel. For the purpose of
this article, the designated city official shall be that person designated
by the city council to serve as such, in consultation with the city
engineer, from time to time as deemed appropriate by the DCO.
(2005 Code, sec. 13.4.102)
Unless a provision explicitly states otherwise, the following
terms and phrases, as used in this article, shall have the meanings
hereinafter designated:
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
The regional administrator of the EPA or the director of
a state agency delegated to act on the EPA’s behalf with an
approved pretreatment program (e.g., director of TCEQ).
If the user is a corporation:
The president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business function, or any
other person who performs similar policy- or decision-making functions
for the corporation; or
The manager of one or more manufacturing, production, or operation
facilities employing more than two hundred fifty (250) persons or
having gross annual sales or expenditures exceeding twenty-five (25)
million dollars (in second-quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
If the user is a federal, state, or local governmental facility,
a director or highest official appointed or designated to oversee
the operation and performance of the activities of the government
facility, or their designee.
The individuals described in subsections (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures for five (5)
days at 20° centigrade, usually expressed as a concentration (e.g.,
mg/l).
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with sections 307(b) and (c) of the Act (33
U.S.C. section 1317) which apply to a specific category of users and
which appear in 40 CFR chapter I, subchapter N, parts 405–471.
The City of Dalworthington Gardens or the city council, a
contracting party of the Trinity River Authority’s central regional
wastewater system.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited
either as a time composite sample composed of discrete sample aliquots
collected at constant time intervals providing a sample irrespective
of stream flow, or as a flow proportional composite sample, collected
either as a constant sample volume at time intervals proportional
to flow, or collected by increasing the volume of each aliquot as
the flow increases while maintaining a constant time interval between
the aliquots.
Trinity River Authority of Texas, as holder of the NPDES
permit.
The U.S. Environmental Protection Agency or, where appropriate,
the regional water management division director or other duly authorized
official of said agency.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with section
307 of the Act.
A sample which is taken from a wastestream without regard
to the flow in the wastestream and over a period of time not to exceed
fifteen (15) minutes.
The introduction of pollutants into the POTW from any nondomestic
source regulated under section 307(b), (c), or (d) of the Act.
An industry that discharges wastewater into the wastewater
system.
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.
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, and therefore is a cause of a violation of the control authority’s
NPDES permit or of the prevention of sewage sludge use or disposal
in compliance with any of the following statutory/regulatory provisions
or permits issued thereunder, or any more stringent state or local
regulations: section 405 of the Act; the Solid Waste Disposal Act,
including title II, commonly referred to as the Resource Conservation
and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any state
regulations contained in any state sludge management plan prepared
pursuant to subtitle D of the Solid Waste Disposal Act and 30 TAC
312; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
Isolation wastes, infectious agents, human blood and blood
products, pathological wastes, sharps, body parts, contaminated bedding,
surgical wastes, potentially contaminated laboratory wastes, and dialysis
wastes.
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of subsection (1)(B) or (C) above but otherwise alters, replaces, or adds to existing process or production equipment.
Construction of a new source as defined under this subsection
has commenced if the owner or operator has:
Begun, or caused to begin, as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment that is 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.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Wastewater in which the average concentration of suspended
solids and five-day BOD does not exceed 250 mg/l each.
The National Pollutant Discharge Elimination System permit
program of the Environmental Protection Agency, and/or the permit
program of the state agency delegated to act on the EPA’s behalf
with an approved pretreatment program (e.g., TPDES or Texas Pollutant
Discharge Elimination System).
A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the control authority’s NPDES
permit, including an increase in the magnitude or duration of a violation.
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or their legal representatives,
agents, or assigns. This definition includes all federal, state, and
local governmental entities.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
Dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, medical wastes, chemical
wastes, biological materials, radioactive materials, heat, wrecked
or discarded equipment, rock, sand, cellar dirt, municipal, agricultural
and industrial wastes, and certain characteristics of wastewater (e.g.,
pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
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.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Pretreatment standards shall mean prohibited discharge standards,
categorical pretreatment standards, and local limits.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.08.031 of this article.
A “treatment works,” as defined by section 212
of the Act (33 U.S.C. section 1292) which is owned by the city and/or
the control authority. This definition includes any devices or systems
used in the collection, storage, treatment, recycling, and reclamation
of sewage or industrial wastes of a liquid nature and any conveyances
which convey wastewater to a treatment plant.
Any sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Human excrement and graywater (household showers, dishwashing
operations, etc.).
“Shall” is mandatory; “may” is permissive.
A user subject to categorical pretreatment standards; or
A user that:
Discharges an average of twenty-five thousand (25,000) gpd or
more of process wastewater to the POTW (excluding sanitary, noncontact
cooling, and boiler blowdown wastewater);
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW’s operation
or for violating any pretreatment standard or requirement.
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Upon a finding that a user meeting the criteria in subsection
(2) has no reasonable potential for adversely affecting the POTW’s
operation or for violating any pretreatment standard or requirement,
the city may at any time, on its own initiative or in response to
a petition received from a user, and in accordance with procedures
in 40 CFR 403.8(f)(6), determine that such user should not be considered
a significant industrial user.
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Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in section 13.08.031 of this article.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
The person designated by the city who is charged with certain
duties and responsibilities by this article, or a duly authorized
representative.
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.
The sum of the masses or concentration of the toxic organic
compounds listed in 40 CFR 122 appendix D, table II, excluding pesticides,
found in industrial users’ discharge at a concentration greater
than 0.01 mg/l. Only those parameters reasonably suspected to be present,
at the discretion of the DCO, if any, shall be analyzed for with noncategorical
industries. With categorical industries, TTOs will be sampled for
as stipulated in the particular category or those parameters reasonably
suspected to be present, at the discretion of the DCO, where not stipulated.
A source of indirect discharge.
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.
That portion of the POTW which is designed to provide treatment
of municipal sewage and industrial waste.
(2005 Code, sec. 13.4.103)
The following abbreviations, when used in this article, shall
mean:
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BOD - Biochemical oxygen demand.
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CFR - Code of Federal Regulations.
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COD - Chemical oxygen demand.
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EPA - U.S. Environmental Protection Agency.
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gpd - Gallons per day.
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mg/l - Milligrams per liter.
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NPDES - National Pollutant Discharge Elimination System.
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POTW - Publicly owned treatment works.
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RCRA - Resource Conservation and Recovery Act.
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SIC - Standard Industrial Classification.
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SIU - Significant industrial user.
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TCEQ - Texas Commission on Environmental Quality.
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TPDES - Texas Pollutant Discharge Elimination System.
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TRA - Trinity River Authority.
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TSS - Total suspended solids.
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TTO - Total toxic organics.
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U.S.C. - United States Code.
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(2005 Code, sec. 13.4.110)
