Unless the context specifically indicates otherwise, the meaning
of the terms and phrases used in this article shall be as follows:
Act.
The federal Water Pollution Control Act, Public Law No. 92-500,
also known as the Clean Water Act (CWA), as amended, 33 U.S.C. 1251
et seq.
Approval authority.
The director in a National Pollutant Discharge Elimination
System (NPDES) delegated state with an approved state pretreatment
program, i.e., the executive director of the state commission on environmental
quality (TCEQ) or its successor agencies.
Authorized representative of the user.
(1)
If the user is a corporation:
(A)
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
(B)
The manager of one or more manufacturing, production, or operation
facilities employing more than 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.
(2)
If the user is a partnership or sole proprietorship, a general
partner or proprietor, respectively.
(3)
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.
(4)
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.
BOD (biochemical oxygen demand).
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory conditions for five (5)
days at twenty (20) degrees Celsius (20°C), expressed as a concentration
in mg/L. The laboratory determination shall be made in accordance
with the procedures set forth in 40 C.F.R. part 136.
Building drain.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage
pipes inside the walls of the building and conveys to the building
sewer, which begins three (3) feet outside the inner face of the building
wall.
Building sewer.
The extension from the building drain to the sewer lateral
at the property line or other lawful place of disposal (also called
house lateral or house connection).
Bypass.
The intentional diversion of wastestreams from any portion
of an industrial user’s treatment facility.
Categorical pretreatment standard or categorical standard.
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 industrial users and which appear in 40 C.F.R. chapter
1, subchapter N, parts 405–471.
City.
The City of Lavon, Texas, the city council of Lavon, the
city administrator of Lavon, and/or any other person authorized by
the city council to represent the city.
COD (chemical oxygen demand).
The measure of oxygen-consuming capacity of inorganic and
organic matter present in water or wastewater. It is expressed as
a concentration in mg/L 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 does not necessarily correlate
with BOD.
Composite sample.
A sample composed of two or more discrete samples. The aggregate
sample will reflect the average water quality covering the compositing
or sample period.
Control authority.
For purposes of this article, the North Texas Municipal Water
District (NTMWD) and the city pursuant to a pretreatment program that
has been approved by the approval authority.
Control manhole.
A manhole giving access to a building sewer point before
the building sewer discharges into the public sewer.
Daily discharge.
The discharge of a pollutant measured during a calendar day
or any twenty-four (24) hour period that reasonably represents a calendar
day for purposes of sampling.
Daily maximum.
The highest allowable “daily discharge” during
a calendar month.
Disposal.
The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid or semi-solid waste (i.e., grease trap waste,
grit trap wastes, and/or septage) into or on any land or water so
that such waste or any constituent thereof may enter the environment
or be emitted into the air or discharged into any water, including,
but not limited to, groundwaters.
Domestic sewage.
The water-borne wastes normally discharged from the sanitary
conveniences of dwellings (including apartment houses and hotels),
office buildings, factories and institutions, free of stormwater and
industrial wastes.
Environmental officer.
The director of public works of the city or his/her duly
authorized representative, which may be any entity with which the
city has contracted for operation of the POTW or a treatment plant
and/or with which the city has entered into a multijurisdictional,
or interjurisdictional, agreement providing for wastewater service
and/or a pretreatment program, or a particular officer or employee
thereof.
EPA (Environmental Protection Agency).
The U.S. Environmental Protection Agency, or, where appropriate,
the term may also be used as a designation for the administrator or
other duly authorized officials of the EPA.
Existing source.
Any source or 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 (33 U.S.C. section 1317).
Facility or activity.
An NPDES “point source” or any other facility
or activity (including land or appurtenances thereto) that is subject
to regulation under the NPDES program.
Flow-proportioned composite sample.
A sample collected either as a constant sample volume at
time intervals proportional to stream flow, or collected by increasing
the volume of each aliquot as the flow increases while maintaining
a constant time interval between the aliquots.
Garbage.
Animal and vegetable wastes and residue from preparation,
cooking, and dispensing of food; and from handling, processing, storage,
and sale of food products and produce.
Grab sample.
An individual sample which is taken from a wastestream without
regard to the flow in the wastestream and collected over a period
of time not exceeding fifteen (15) minutes.
Grease trap.
A watertight receptacle designed and constructed to intercept
and prevent the passage of greasy, fatty liquid, semi-liquid, and/or
solid wastes into the sanitary sewer system to which the receptacle
is directly or indirectly connected.
Grease trap waste.
Any greasy, fatty liquid, semi-liquid, and/or solid wastes
removed by a grease trap.
Grit/sand trap.
A watertight receptacle designed and constructed to intercept
and prevent the passage of sand, grit and other heavy solids into
the sanitary sewer system to which the receptacle is directly or indirectly
connected.
Grit trap waste.
Any sand, grit and/or other heavy solids removed from a grit
trap.
Hazardous waste.
Any substance which, if disposed of otherwise than by discharge
into the POTW, would be identified as a hazardous waste under 40 C.F.R.
part 261.
Holding tank waste.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum pump tank trucks.
Indirect discharge or discharge.
The introduction of pollutants into the POTW from any non-domestic
source regulated under section 307(b), (c) or (d) of the Act (33 U.S.C.
section 1317).
Industrial user wastewater surcharge.
The additional charge made on those persons or industries
who discharge industrial wastes into the sewer system which are amenable
to treatment by the POTW treatment processes, but which exceed either
the BOD or TSS concentrations of “normal domestic sewage.”
Industrial waste.
The water-borne solids, liquids, or gaseous wastes resulting
from and discharged, permitted to flow or escaping from any industrial,
manufacturing or food processing operation or process, or from the
development of any natural resources, or any mixture of these with
water or domestic sewage as distinct from “normal domestic sewage.”
Instantaneous maximum allowable discharge 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.
Interference.
A discharge which, either alone or in conjunction with a
discharge or discharges from other sources, both:
(1)
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
(2)
Is the cause of a violation of any requirement of the applicable
TPDES permit issued for operation of the POTW (including an increase
in the magnitude or duration of a violation) or of the prevention
of sewage sludge use or disposal by the POTW in compliance with the
following statutory provisions and regulations or permits issued thereunder
(or more stringent state or local regulations): section 405 of the
Act (33 U.S.C. section 1345); the Solid Waste Disposal Act (SWDA)
(including title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including state requirements 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.
Liquid waste.
Water-borne solids, liquids, and gaseous substances derived
from a grease trap, grit trap, chemical/portable toilet and/or septic
tanks and described as grease trap waste, grit trap waste or septage.
Medical waste.
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.
Milligrams per liter (mg/L).
A weight-to-volume ratio; the milligrams per liter value
multiplied by the factor 8.34 is equivalent to pounds per million
gallons of water.
Monthly average.
The highest allowable average of “daily discharge(s)”
over a calendar month, calculated as the sum of all “daily discharge(s)”
measured during a calendar month divided by the number of “daily
discharge(s)” measured during that month.
National pretreatment standard, pretreatment standard, or standard.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with section 307(b) and (c) of the Clean
Water Act, which applies to industrial users. This term includes prohibitive
discharge limits established pursuant to 40 C.F.R. section 403.5.
New source.
(1)
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 (33 U.S.C. section 1317), which will
be applicable to such source if such standards are thereafter promulgated
in accordance with that section, provided that:
(A)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(B)
The building, structure, facility, or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
(C)
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, will be considered.
(2)
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 (B) or (C) above, but otherwise
alters, replaces, or adds to the existing process or production equipment.
(3)
Construction of a new source as defined has commenced if the
owner or operator has:
(A)
Begun, or caused to begin, as part of a continuous on-site construction
program:
(i)
Any placement, assembly, or installation of facilities or equipment;
or
(ii)
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;
(B)
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this definition.
Noncontact cooling water.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Normal domestic sewage.
The “normal” sewage for the city, for which the
average concentration of TSS is not more than 250 mg/L and BOD is
no more than 250 mg/L. Industrial wastes and stormwater are excluded
from this term.
Overload.
The imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered or design capacity.
Owner.
Any person who owns a facility or any portion of a facility.
Pass-through.
A discharge which exits the POTW into waters of the United
States in quantities or concentration which, alone or in conjunction
with a discharge or discharges from other sources, is a cause of a
violation of any requirement of the applicable TPDES permit issued
for the operation of the POTW (including an increase in the magnitude
or duration of a violation).
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 representatives,
agents or assigns.
pH.
A measure of the acidity or alkalinity of a solution, expressed
in standard units. The logarithm (base 10) of the reciprocal of the
hydrogen ion concentration.
Pollutant.
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discarded equipment, rock,
sand, and cellar dirt; industrial, municipal, and agricultural waste;
and the characteristics of wastewater (such as pH, temperature, suspended
solids, turbidity, color, BOD, COD, toxicity, and odor).
POTW (publicly owned treatment works).
A treatment works as defined by section 212 of the Clean
Water Act (33 U.S.C. section 1292), which is owned by a state or municipality
(i.e., the city or other governmental entity such as NTMWD). This
definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes
of a liquid nature. It also includes lift stations, sewers, pipes
and other conveyances only if they convey wastewater to a POTW treatment
plant. The term also means the municipality, as defined in section
502(4) of the Clean Water Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works (i.e.,
the city or other governmental entity such as NTMWD). For the purpose
of this article, the term shall also include sewers that convey wastewaters
to the POTW from persons outside the city who are, by contract or
agreement with NTMWD, users of NTMWD’s POTW.
POTW treatment plant.
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
ppm (parts per million).
A weight-to-weight ratio; the parts per million value multiplied
by the factor 8.345 shall be equivalent to pounds per million gallons
of water.
Pretreatment (or treatment).
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging
or otherwise introducing such pollutants into a POTW. The reduction
or alteration may be obtained by physical, chemical or biological
processes, or process changes, or by other means, except by diluting
the concentration of pollutants (as prohibited by 40 C.F.R. section
403.6(d)), unless allowed by an applicable pretreatment standard.
Appropriate pretreatment technology includes control equipment, such
as equalization tanks or facilities, for protection against surges
or slug loadings that might interfere with or otherwise be incompatible
with the POTW. However, where wastewater from a regulated process
is mixed in an equalization facility with unregulated wastewater or
with wastewater from another regulated process, the effluent from
the equalization facility must meet an adjusted pretreatment limit
calculated in accordance with 40 C.F.R. section 403.6(e).
Pretreatment program.
A program administered by a POTW that meets the criteria
established in 40 C.F.R. sections 403.8 and 403.9, and which has been
approved by the approval authority (TCEQ) in accordance with 40 C.F.R.
section 403.11.
Pretreatment requirements.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
Priority pollutant.
A pollutant found in table II or table III of 40 C.F.R. part
122, appendix D.
Properly shredded garbage.
The wastes from the preparation, cooking and dispensing of
foods that have been shredded to such a degree that all particles
shall be carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than one-half (0.5) inch
in any dimension.
Responsible corporate officer.
(1)
A president, secretary, treasurer, or 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
(2)
The manager of one or more manufacturing, production, or operation
facilities employing more than 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.
Sanitary sewer.
A public sewer that conveys domestic sewage or industrial
wastes or a combination of both, and into which storm, surface, groundwaters
and other unpolluted waters are not intentionally passed.
Septage or septic tank waste.
Any sewage from holding tanks such as vessels, portable toilets,
chemical toilets, campers, trailers, or septic tanks.
Severe property damage.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
Sewage.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Sewage service charge.
The charge made on all users of the public sewer system whose
wastes do not exceed in strength the concentration values established
as representative of normal domestic sewage.
Sewer.
A pipe or conduit for carrying sanitary sewage.
Shall and may.
The term “shall” describes mandatory actions,
and the term “may” describes permissive (i.e., discretionary)
actions.
SIC (Standard Industrial Classification).
A classification pursuant to the Standard Industrial Classification
Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, or the latest edition.
Significant industrial user (SIU).
(1)
Except as provided in subsection
(2) the term shall mean:
(A)
An industrial user subject to categorical pretreatment standards;
or
(B)
Any other industrial user that:
(i)
Discharges an average of 25,000 gallons per day (gpd) or more
of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater);
(ii)
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
(iii)
Is designated as such by the environmental officer 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 requirements (in accordance with 40 C.F.R. section 403.8(f)(6)).
(2)
Upon finding that an industrial user meeting the criteria in subsection
(1)(B) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirements, the environmental officer may at any time, on his/her own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. section 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Slug discharge or slug load.
Any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, and/or a discharge which violates any prohibited discharge standard in section
12.05.005 of this article, and/or could significantly disrupt the POTW and/or threaten human health and safety, and/or could potentially result in violations of the applicable TPDES permit issued for the operation of the POTW or sludge requirements.
Spill.
The accidental or intentional loss or unauthorized discharge
of any waste or raw material.
State commission on environmental quality (TCEQ).
The state commission on environmental quality, or an agent
thereof, or, where appropriate, the executive director of TCEQ, or
other duly authorized official of said agency, or its successor agencies.
Stormwater.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Surcharge.
The charge in addition to the sewage service charge which
is made on those persons whose wastes are greater in strength than
the concentration values established as representative of “normal
domestic sewage.”
Suspended solids.
Solids that either float on the surface of, or are in suspension
of water, sewage, or other liquids, and which are removable by a laboratory
filtration device. Quantitative determination of “total suspended
solids” or “TSS” shall be made in accordance with
procedures set forth in 40 C.F.R. part 136.
Time composite sample.
A sample composed of discrete sample aliquots collected in
a single reservoir at constant time intervals irrespective of flow.
Toxic pollutant (or toxic substance).
Any substance whether gaseous, liquid or solid which, when
discharged to the POTW in sufficient concentrations, as determined
by the environmental officer, may be hazardous to sewer maintenance
and personnel, tend to interfere with any wastewater treatment process,
or to constitute a hazard to human beings or animals, or to inhibit
aquatic life, or to create a hazard to recreation in the receiving
waters of the effluent from a wastewater treatment plant; or any pollutant
or combination of pollutants listed as toxic in regulations promulgated
by the EPA under the provisions of the Clean Water Act, section 307(a)
(33 U.S.C. section 1317), or other acts.
Trap.
A device designed to skim, settle, or otherwise remove oil,
grease, sand, flammable wastes or other harmful substances.
Waste.
Rejected, unutilized, or superfluous substances in liquid,
gaseous or solid form resulting from domestic, agricultural, or industrial
activities.
Wastewater.
The liquid and water-carried industrial or domestic wastes
from residential dwellings, commercial buildings, industrial and/or
manufacturing facilities, and institutions, whether treated or untreated,
which are contributed into or permitted to enter the POTW.
Watercourse.
A channel in which a flow of water occurs, either continuously
or intermittently.
(Ordinance 2016-08-02, sec. A(1),
adopted 8/2/16)
The following abbreviations, when used in this article, shall
have the designated meanings:
BOD
|
Biochemical oxygen demand
|
C.F.R.
|
Code of Federal Regulations
|
COD
|
Chemical oxygen demand
|
CWA
|
Clean Water Act
|
EPA
|
U.S. Environmental Protection Agency
|
gpd
|
Gallons per day
|
mg/L
|
Milligrams per liter
|
NPDES
|
National Pollutant Discharge Elimination System
|
NTMWD
|
North Texas Municipal Water District
|
POTW
|
Publicly owned treatment works
|
ppm
|
Parts per million
|
RCRA
|
Resource Conservation and Recovery Act
|
SIC
|
Standard Industrial Classification
|
SIU
|
Significant industrial user
|
SWDA
|
Solid Waste Disposal Act
|
TAC
|
Texas Administrative Code
|
TPDES
|
Texas Pollutant Discharge Elimination System
|
TCEQ
|
Texas Commission on Environmental Quality
|
TSS
|
Total suspended solids
|
U.S.C.
|
United States Code
|
WWTP
|
Wastewater treatment plant
|
(Ordinance 2016-08-02, sec. A(2),
adopted 8/2/16)
Except as otherwise provided herein, the environmental officer
shall administer, implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the environmental officer
may be delegated by the environmental officer to his/her duly authorized
representative, which may be any entity with which the city has contracted
for operation of the POTW or a treatment plant and/or with which the
city has entered into a multijurisdictional, or interjurisdictional,
agreement providing for wastewater service, or a particular officer
or employee thereof.
(Ordinance 2016-08-02, sec. A(4),
adopted 8/2/16)
The categorical pretreatment standards found at 40 C.F.R. chapter
I, subchapter N, parts 405– 471 are hereby incorporated.
(1) Upon the promulgation of a categorical pretreatment standard for
a particular industrial category or subcategory, the categorical pretreatment
standard, if more stringent than specific local limits imposed under
this article for industrial users subject to that categorical standard,
shall supersede the local limits imposed under this article.
(2) Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the environmental officer may impose equivalent concentration or mass
limits in accordance with 40 C.F.R. section 403.6(c).
(3) Where industrial users combine wastestreams prior to treatment, compliance
with an applicable categorical pretreatment standard will be determined
either prior to combining the wastestreams or following treatment
of the combined wastestream (by applying the combined wastestream
formula found in 40 C.F.R. section 403.6(e)).
(4) A user may obtain a variance from a categorical pretreatment standard
if the industrial user can prove, pursuant to the procedural and substantive
provisions in 40 C.F.R. section 403.13, that factors relating to its
discharge are fundamentally different from the factors considered
by the EPA when developing the categorical pretreatment standard.
(5) An industrial user may obtain a net gross adjustment to a categorical
pretreatment standard in accordance with 40 C.F.R. section 403.15.
(Ordinance 2016-08-02, sec. A(7),
adopted 8/2/16)
The environmental officer reserves the right to establish, by
ordinance or in industrial user wastewater discharge permits, more
stringent standards or requirements on discharges to the POTW.
(Ordinance 2016-08-02, sec. A(8),
adopted 8/2/16)
The following conditions shall apply to the schedule required by section
12.05.012(c)(7):
(1) The schedule shall contain increments of progress 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 industrial user to meet the applicable pretreatment standards
(e.g., hiring an engineer, completing plans, executing contract for
major components, commencing construction, completing construction,
etc.).
(2) No increment referred to in subsection
(1) of this section shall exceed nine (9) months.
(3) Not later than fourteen (14) days following each date in the compliance
schedule and the final date for compliance, the industrial user shall
submit a progress report to the environmental officer including, at
a minimum, whether or not it complied with the increment of progress
to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and
the steps being taken by the industrial user to return the construction
to the schedule established. In no event shall more than nine (9)
months elapse between such progress reports to the environmental officer.
(Ordinance 2016-08-02, sec. A(13),
adopted 8/2/16)
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following the commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the environmental officer a report containing the information described in section
12.05.012(c)(4),
(5), and
(6). For industrial users subject to equivalent mass or concentration limits established by the environmental officer in accordance with the procedures in 40 C.F.R. section 403.6(c), this report shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user’s actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section
12.05.018 of this article.
(Ordinance 2016-08-02, sec. A(14),
adopted 8/2/16)
Each industrial user shall provide protection from slug discharges, as defined in section
12.05.001 of this article. The environmental officer may require the industrial user to develop and implement an accidental discharge/slug control plan. The plan shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying NTMWD and the city of accidental
or slug discharges, including any discharge that would violate a prohibition
under 40 C.F.R. section 403.5, with procedures for follow-up written
notification within five (5) days;
(4) If necessary, procedures to prevent adverse impact from accidental
spills, including 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/or measures and equipment for emergency response.
(Ordinance 2016-08-02, sec. A(31),
adopted 8/2/16)
(a) All categorical and noncategorical industrial users shall immediately
notify the environmental officer of all discharges, including, but
not limited to, accidental discharges, discharges of a nonroutine,
episodic nature, a noncustomary batch discharge, or slug loadings
as defined in 40 C.F.R. section 403.5(b), that could cause problems
to the POTW by the industrial user. This notification shall include
the location of the discharge, type of waste, concentration and volume,
if known, and corrective taken by the user.
(b) Within five (5) days following such discharge, the industrial user
shall, unless waived by the environmental officer, 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, penalties, or other liability which may be imposed pursuant
to this article.
(Ordinance 2016-08-02, sec. A(32),
adopted 8/2/16)
(a) If the permittee knows in advance of the need to discharge of a hazardous
waste, the permittee shall submit prior written notice, at least ten
days before the date of the discharge of a hazardous waste, to NTMWD
and the city. If the permittee does not know in advance of the discharge
of a hazardous waste, the permittee shall immediately notify NTMWD
and the city and submit a written notice to NTMWD within five (5)
days of the discharge. The notification shall identify the hazardous
waste discharged and the amount of the hazardous waste discharged.
(b) In addition to the reporting requirements set out in subsection
(a) above, industrial users shall notify the environmental officer, 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 C.F.R. part 261. Such notification must include the name of the hazardous waste as set forth in 40 C.F.R. part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the industrial user discharges more than one hundred (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 wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. Industrial users shall provide the notification no later than 180 days after the discharge of the listed or characteristic hazardous waste commences. Any notification under this subsection need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under 40 C.F.R. section 403.12(j). The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of 40 C.F.R. section 403.12(b), (d) and (e).
(c) Dischargers are exempt from the requirements of subsection
(b) above 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 C.F.R. section 261.30(d) and section 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 C.F.R. sections 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 information.
(d) In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the industrial user must notify the
environmental officer, the EPA regional waste management division
director and the state hazardous waste authorities of the discharge
of such substance within ninety (90) days of the effective date of
such regulations.
(e) In the case of any notification made under this section, the industrial
user shall certify that is has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the extent determined
to be economically practical.
(f) This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, an industrial
user wastewater discharge permit issued thereunder, or any applicable
state or federal law.
(Ordinance 2016-08-02, sec. A(34),
adopted 8/2/16)
(a) Information and data on a user obtained from reports, questionnaires,
permit applications, permits and monitoring programs and from inspections
shall be available to the public or other governmental agency without
restriction unless the user specifically requests and is able to demonstrate
to the satisfaction of the environmental officer that the release
of such information would divulge information, processes or methods
of production entitled to protection as trade secrets of the user
under applicable state law. Any such request must be asserted at the
time of submission of the information or data. Any information requested
to be held confidential shall be stamped “confidential business
information, “confidential,” or “privileged”
on each page containing such information by the user at the time the
information is submitted.
(b) When requested by the person furnishing a report, the portions of
a report which might disclose trade secrets or secret processes shall
not be made available for inspection by the public, but shall be made
available upon written request to governmental agencies for uses related
to this article, the applicable TPDES permit issued for the operation
of the POTW, and/or the pretreatment programs; provided, however,
that such portions of a report shall be available for use by the state
or any state agency in judicial review or enforcement proceeding involving
the person furnishing the report. Effluent data as defined in 40 C.F.R.
section 2.302 will not be considered confidential and will be available
to the public without restriction.
(Ordinance 2016-08-02, sec. A(35),
adopted 8/2/16)
No person, other than a regular employee or officer of the city
charged with such duties, shall do or aid in doing any of the following
acts:
(1) Opening, closing, lifting or removing the cover of any sanitary sewer
manhole or clean-out plug of the city sanitary sewers.
(2) Interfering with, destroying, impairing, injuring or defacing any
property which is a part of or essential to the proper functioning
of the POTW.
(3) Covering or concealing from view any sanitary sewer manhole.
(4) Tapping and/or otherwise connecting into an existing sanitary sewer
which is a part of the POTW.
(Ordinance 2016-08-02, sec. A(36),
adopted 8/2/16)
(a) Performance bonds.
The environmental officer may decline
to issue or reissue an industrial user wastewater discharge permit
to any user who has failed to comply with any provision of this article,
a previous industrial user wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement unless
such user first files a satisfactory bond, payable to the city, in
a sum not to exceed a value determined by the environmental officer
to be necessary to achieve consistent compliance.
(b) Water supply severance.
Whenever a user has violated
or continues to violate any provision of this article, an industrial
user wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement, water service to the user
may be severed. Service will only recommence, at the user’s
expense, after it has satisfactorily demonstrated its ability to comply.
(c) Public nuisances.
A violation of any provision of this
article, an industrial user wastewater discharge permit, or order
issued hereunder, or any other pretreatment standard or requirement,
is hereby declared a public nuisance and shall be corrected or abated
as directed by the environmental officer. Any person(s) creating a
public nuisance shall be subject to the provisions of the city code
governing such nuisances, including reimbursing the city for any costs
incurred in removing, abating, or remedying said nuisance.
(d) Responsibility for acts by agent.
In addition to prohibiting
certain conduct by natural persons, it is the intent of this article
to hold a corporation or association legally responsible for prohibited
conduct performed by an agent acting on behalf of a corporation or
association and within the scope of his/her office or employment.
(e) Liability for penalties and enforcement costs.
Any user
that, in violating any pretreatment standard or requirement, including
any provision of this article, causes pass-through or interference,
or otherwise causes the city to violate the terms of the applicable
TPDES permit issued for the operation of the POTW, and as a consequence
to incur any civil or criminal penalty, shall be liable to the city
for the amount of any such civil or criminal penalty, as well as any
costs of compliance with any order issued by the EPA, TCEQ, or any
state or federal court and, additionally, any costs and/or attorneys’
fees incurred by the city in defense or compliance with such judicial
or administrative action.
(f) Liability for clean-up costs.
Any user that violates
any pretreatment standard or requirement, including any provision
of this article, shall be liable to the city for any expense, loss,
clean-up cost, damages, and/or waste disposal cost incurred by the
city because of such violations. Additionally, an administrative fee
of up to one-half (1/2) of assessed clean-up costs may be levied by
the city against the responsible violator.
(Ordinance 2016-08-02, sec. A(38),
adopted 8/2/16)