Unless the context specifically indicates otherwise, the meaning
of the terms and phrases used in this article shall be as follows:
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.
The EPA Region VI regional administrator.
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.
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 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.
Once every other month.
Once every other week.
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.
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.
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).
The intentional diversion of wastestreams from any portion
of an industrial user’s treatment facility.
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.
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.
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.
A sample composed of two or more discrete samples. The aggregate
sample will reflect the average water quality covering the compositing
or sample period.
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.
A manhole giving access to a building sewer point before
the building sewer discharges into the public sewer.
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.
The highest allowable “daily discharge” during
a calendar month.
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.
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.
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.
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.
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).
An NPDES “point source” or any other facility
or activity (including land or appurtenances thereto) that is subject
to regulation under the NPDES program.
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.
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.
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.
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.
Any greasy, fatty liquid, semi-liquid, and/or solid wastes
removed by a grease 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.
Any sand, grit and/or other heavy solids removed from a grit
trap.
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.
Any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, and vacuum pump tank trucks.
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).
Any source of indirect discharge.
A permit required of an industrial user to discharge waste
into any sewer system under the jurisdiction of the city.
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.”
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.”
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, either alone or in conjunction with a
discharge or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
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.
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.
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.
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.
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.
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.
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:
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, will 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 (B) or (C) above, but otherwise
alters, replaces, or adds to the existing process or production equipment.
Construction of a new source as defined 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;
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.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
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.
The imposition of organic or hydraulic loading on a treatment
facility in excess of its engineered or design capacity.
Any person who owns a facility or any portion of a facility.
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).
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.
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.
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).
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.
That portion of the POTW which is designed to provide treatment
(including recycling and reclamation) of municipal sewage and industrial
waste.
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.
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).
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.
Any substantive or procedural requirement related to pretreatment
imposed on an industrial user, other than a pretreatment standard.
A pollutant found in table II or table III of 40 C.F.R. part
122, appendix D.
Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 12.05.005 of this article.
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.
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
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.
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.
Any sewage from holding tanks such as vessels, portable toilets,
chemical toilets, campers, trailers, or septic tanks.
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.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
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.
A pipe or conduit for carrying sanitary sewage.
The term “shall” describes mandatory actions,
and the term “may” describes permissive (i.e., discretionary)
actions.
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.
Except as provided in subsection (2) the term shall mean:
An industrial user subject to categorical pretreatment standards;
or
Any other industrial user that:
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);
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 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)).
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.
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.
The accidental or intentional loss or unauthorized discharge
of any waste or raw material.
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.
A sewer which carries storm and surface waters and drainage
but excludes sewage and polluted industrial wastes.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
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.”
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.
A sample composed of discrete sample aliquots collected in
a single reservoir at constant time intervals irrespective of flow.
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.
A device designed to skim, settle, or otherwise remove oil,
grease, sand, flammable wastes or other harmful substances.
That portion, or those portions, of the POTW which is designed
to provide treatment of domestic sewage and industrial waste.
Rejected, unutilized, or superfluous substances in liquid,
gaseous or solid form resulting from domestic, agricultural, or industrial
activities.
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.
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)
(a)
This article sets forth uniform requirements for users of the POTW
for the city and enables the city to comply with all applicable state
and federal laws, including the Clean Water Act (33 U.S.C. section
1251 et seq.) and the General Pretreatment Regulations for Existing
Sources of Pollution (40 C.F.R. part 403). The objectives of this
article are:
(1)
To prevent the introduction of pollutants into the POTW that will
interfere with its operation;
(2)
To prevent the introduction of pollutants into the POTW that will
pass through the POTW, inadequately treated, into receiving waters,
or otherwise be incompatible with the POTW;
(3)
To protect both the POTW personnel who may be affected by wastewater
and sludge in the course of their employment and the general public;
(4)
To promote the reuse and recycling of industrial wastewater and sludge
from the POTW;
(5)
To provide for fees for the equitable distribution of cost of operation,
maintenance, and improvement of the POTW; and
(6)
To enable the city and NTMWD to comply with the applicable TPDES
permit issued for the operation of the POTW, sludge use and disposal
requirements, and any other federal or state laws to which the POTW
is subject.
(b)
This article shall apply to all users of the POTW. This article authorizes
the issuance of industrial user 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.
(Ordinance 2016-08-02, sec. A(3),
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)
(a)
No person may introduce or cause to be introduced into the POTW any
pollutant(s) or wastewater which may cause pass-through or interference.
Also prohibited are any substances that have an adverse effect on
the environment, may endanger life, health or property, or constitute
a public nuisance. These general prohibitions apply to all users of
the POTW whether or not they are subject to categorical pretreatment
standards or any other national, state, or local pretreatment standards
or requirements.
(b)
Substances specifically prohibited from being discharged into the
POTW are as follows:
(1)
Any liquids, solids or gases, including but not limited to gasoline,
kerosene, naphtha, benzene, toluene, xylene, ethers, perchlorates,
bromates, carbides, hydrides, sulfides or any other substances which
are a fire or other hazard to the system, which by reason of their
nature or quantity are, or may be, sufficient either alone or by interaction
with other substances to cause fires, explosions, or be injurious
in any other way to the facilities or operation of the POTW.
(2)
Any substance which creates a fire or explosion hazard in the POTW,
including, but not limited to, wastestreams with a closed cup flashpoint
of less than 140 degrees Fahrenheit (140°F) or sixty degrees centigrade
(60°C) using the test methods specified in 40 C.F.R. section 261.21.
(3)
Any wastewater having a pH less than five point zero (5.0) standard
units (SU), or greater than ten point five (10.5) SU, or any wastewater
having any other corrosive property capable of causing damage, including
structural damage, or hazard to the POTW, equipment, or any person.
(4)
Any wastewater containing 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/or safety problems.
(5)
Any liquid or vapor, including wastewater, having a temperature higher
than 150 degrees Fahrenheit (150°F) or sixty-five degrees centigrade
(65°C); or exhibiting heat in amounts which will inhibit biological
activity in a POTW causing an interference; or, in any case, exhibiting
heat in such quantities that the temperature at the introduction into
the POTW exceeds 40 degrees centigrade (40°C) or 104 degrees Fahrenheit
(104°F).
(6)
Any pollutant(s), including oxygen-demanding pollutants (BOD, COD,
etc.) and total dissolved solids, released in a discharge at a flow
rate and/or pollutant concentration which, either singly or by interaction
with other pollutants, will cause pass-through or interference at
the POTW or which will cause the POTW to be in noncompliance with
any federal or state sludge use or disposal criteria, guidelines,
or regulations.
(7)
Any free or emulsified fats, waxes, greases or oils containing substances
which may solidify or become viscous at temperatures between thirty-two
(32) and one hundred fifty (150) degrees Fahrenheit (32°-150°F)
(0°-65°C); or any combination of free or emulsified fats,
waxes, greases or oils, if, in the opinion of the environmental officer,
it appears probable that such wastes:
(A)
Can deposit grease or oil in the sanitary sewers in such a manner
as to clog the sewers;
(B)
Can overload skimming and grease handling equipment;
(C)
Are not amenable to bacterial action and will therefore pass through
to the receiving water without being affected by normal sewage treatment
processes; or
(D)
Can have deleterious effects on the treatment process due to excessive
quantities.
(8)
Petroleum oil, nonbiodegradable cutting oil, or products of mineral
oil origin in amounts that will cause interference or pass-through.
(9)
Solid, liquid, or viscous substances in amounts which may cause obstruction
to the flow in sanitary sewers or other interference with the proper
operation of the wastewater treatment facilities, such as, but not
limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair
and fleshings, entrails, lime slurry, lime residues, slops, chemical
residues, paint residues, bulk solids or waste paper.
(10)
Any noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other substances, are
sufficient to create a public nuisance or a hazard to life, or to
prevent entry into the sanitary sewers for maintenance or repair.
(11)
Wastewater containing COD in concentrations which are not amenable
to treatment, or any other substance which is determined by the environmental
officer to not be amenable to treatment by the POTW.
(12)
Any trucked or hauled pollutants, including hauled wastewater, except
at discharge points designated by the environmental officer and at
such times as are established by the environmental officer.
(14)
Wastewater which imparts color that 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
thereby violating the applicable TPDES permit issued for the operation
of the POTW.
(15)
Stormwater, surface water, groundwater, artesian well water, roof
runoff, and subsurface drainage, unless specifically authorized by
the environmental officer.
(16)
Sludges, screening, or other residues from industrial activities.
(17)
Medical wastes, except as specifically authorized by the environmental
officer in an industrial user wastewater discharge permit.
(18)
Wastewater causing, alone or in conjunction with other sources, the
POTW’s effluent to fail a toxicity test.
(19)
Any garbage that has not been properly ground or shredded by suitable
garbage grinders to such a degree that all particles shall be carried
freely under the flow conditions normally prevailing in public sewers.
(c)
In cases where, in the opinion of the environmental officer, the
character of the sewage from any manufacturer or industrial plant
building or other premises is such that it will damage the system,
or cannot be treated satisfactorily in the system, the environmental
officer shall have the right to require such user to dispose of such
waste otherwise and prevent it from entering the POTW.
(d)
Unusual flow and concentration of any of the above shall be pretreated
to a concentration acceptable to the city, if such wastes can:
(Ordinance 2016-08-02, sec. A(5),
adopted 8/2/16)
(a)
It shall be unlawful to discharge into the POTW any metals, chemicals
or toxic substances in excess of the following concentration limits:
(1)
The following heavy metals and toxic materials in the form of compounds
or elements in solution or suspension in concentrations exceeding
these limits:
|
Pollutant
|
Daily Maximum Local Limit
(mg/L)
|
|---|---|
|
Arsenic (total)
|
0.57
|
|
Cadmium (total)
|
0.02
|
|
Chromium (total)
|
5.31
|
|
Copper (total)
|
0.57
|
|
Lead (total)
|
0.96
|
|
Mercury (total)
|
0.00079
|
|
Nickel (total)
|
1.37
|
|
Selenium (total)
|
0.07
|
|
Silver (total)
|
0.07
|
|
Zinc (total)
|
2.00
|
|
Cyanide (total)
|
0.89
|
(2)
The city may adjust the above requirements on a permit-by-permit
basis if the city council determines that, based upon an applicant’s
engineering study (stamped by a Texas licensed professional engineer),
and upon consideration of the health, safety and welfare of the public,
the adjustment is in the best interest of the community.
(3)
The city may set limits on a permit-by-permit basis for any other parameter that would pose a threat to water quality, health and safety, or the POTW or the discharge of which would otherwise result in violation of section 12.05.005 of this article, including but not limited to priority pollutants found in the POTW influent at a concentration at or above 0.1 mg/L or numerical aquatic life criteria as defined by TCEQ.
(4)
Any radioactive wastes or isotopes without prior written permission
from the environmental officer.
(b)
The above limits apply at the point where the wastewater is discharged
to the POTW. The environmental officer may impose mass limitations
in addition to, or in place of, the concentration-based limitations
above.
(c)
Dilution is prohibited as a substitute for treatment. Except where
expressly authorized to do so by an applicable pretreatment standard
or requirement, no industrial user shall ever increase the use of
process water, or in any other way attempt to dilute a discharge,
as a partial or complete substitute for adequate treatment to achieve
compliance with a pretreatment standard or requirement. The environmental
officer may impose mass limitations on industrial users which are
using dilution to meet applicable pretreatment standards or requirements
or in other cases where the imposition of mass limitations is appropriate.
(Ordinance 2016-08-02, sec. A(6),
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)
(b)
Any person responsible for discharges requiring a trap shall at their
own expense and as required by the environmental officer:
(1)
Provide equipment and facilities of a type and capacity approved
by the environmental officer.
(2)
Locate the trap in a manner that provides ready and easy accessibility
for cleaning and inspection.
(3)
Maintain the trap in effective and operating condition.
(4)
Maintain all records related to the maintenance and operation of
the trap.
(Ordinance 2016-08-02, sec. A(9),
adopted 8/2/16)
(a)
Compliance with federal authority.
Industrial users
within the jurisdiction of this article shall comply with all federal
general pretreatment regulations and with those categorical pretreatment
standards applicable to each as specified in 40 C.F.R. chapter I,
subchapter N, parts 405–471.
(b)
Compliance with state authority.
Industrial users within
the jurisdiction of this article shall comply with applicable sections
of chapter 26 of the Texas Water Code.
(Ordinance 2016-08-02, sec. A(10),
adopted 8/2/16)
(a)
Submission of information.
All nondomestic users shall
notify the environmental officer of the nature and characteristics
of their wastewater prior to commencing their discharge. The environmental
officer is authorized to prepare a form for this purpose. All nondomestic
users must complete the industrial user wastewater discharge permit
application, the industrial waste survey, and/or other forms as identified
by the environmental officer. If a nondomestic user fails to complete
any form identified as required by the environmental officer, the
nondomestic user will be in violation of this article. The environmental
officer may periodically require industrial users to update this information.
(b)
Permit required for significant industrial users; compliance.
It shall be unlawful for significant industrial users to discharge wastewater, whether directly or indirectly, into the POTW without first obtaining an industrial user wastewater discharge permit from the city. Any violation of the terms and conditions of an industrial user wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 12.05.021, 12.05.037, and 12.05.038 of this article. Obtaining an industrial user wastewater discharge permit does not relieve a permittee of its obligation to obtain any other permits required by federal, state, or local law.
(c)
Other industrial users; liquid waste haulers.
The environmental
officer may require that other industrial users, including liquid
waste haulers, obtain industrial user wastewater discharge permits
as necessary to carry out the purposes of this article. The environmental
officer also may prohibit the disposal of hauled pollutants, including
hauled wastewater. The discharge of hauled pollutants, including hauled
wastewater, is subject to all other requirements of this article.
(1)
Industrial waste haulers, including haulers of wastewater, may discharge
loads only at locations designed by the environmental officer.
(2)
No load may be discharged without prior consent of the environmental
officer.
(3)
The environmental officer may collect samples of each hauled load
to ensure compliance with applicable standards.
(4)
The environmental officer may require the industrial waste hauler
to provide a waste analysis of any load prior to discharge.
(5)
Industrial waste haulers, including haulers of wastewater, must provide
a waste-tracking form for every load. This form shall include, at
a minimum, the name and address of the industrial waste hauler, permit
number, truck identification, names and addresses of sources of waste,
and volume and characteristics of waste. The form shall identify the
type of industry, known or suspected waste constituents, and whether
any wastes are RCRA hazardous wastes.
(d)
Existing users.
All existing significant industrial
users connected to or contributing to the POTW shall obtain an industrial
user wastewater discharge permit within one hundred eighty (180) days
after the effective date of this article. The application must be
submitted to the environmental officer within ninety (90) days after
the effective date of this article.
(e)
New connections.
Any significant industrial user proposing to begin or recommence discharging nondomestic wastes into the POTW must obtain an industrial user wastewater discharge permit prior to beginning or recommencing such discharge. An application form must be filed by the SIU at least ninety (90) days prior to commencement of discharge. Categorical SIUs must provide an application form and a supplemental baseline monitoring report, the two of which are to contain the information required by 40 C.F.R. section 403.12, as set out in section 12.05.012.
(f)
New or increased contributions.
The environmental officer
may deny or condition new or increased contributions of pollutants,
or changes in the nature of pollutants, to the POTW by industrial
users where such contributions do not meet applicable pretreatment
standards and requirements or where such contributions would cause
the POTW to violate its TPDES permit.
(g)
Reapplication.
Once permitted, the industrial user has
the duty to reapply if the permittee wishes to continue an activity
regulated by the permit after the expiration date of the industrial
user wastewater discharge permit. The industrial user must submit
an application for a new permit at least ninety (90) days before the
expiration of the permit. The application form may be obtained from
the environmental officer.
(Ordinance 2016-08-02, sec. A(11),
adopted 8/2/16)
(a)
All significant industrial users required to obtain an industrial
user wastewater discharge permit shall complete and file with the
environmental officer, an application upon a form provided by the
city. The city may charge a permit application fee, which, if charged,
shall accompany the application.
(b)
The environmental officer shall issue an industrial user wastewater
discharge permit if he/she determines that pretreatment facilities
are adequate for efficient treatment and that discharged wastes will
comply with all applicable pretreatment standards and requirements,
including those imposed by this article. Incomplete or inaccurate
applications will not be processed and will be returned to the industrial
user for revision.
(c)
Within one hundred eighty (180) days after the effective date of
a categorical pretreatment standard, or one hundred eighty (180) days
after the final administrative decision made upon a category determination
under 40 C.F.R. section 403.6(a)(4), whichever is later, existing
industrial users subject to such categorical pretreatment standards
and currently discharging to or scheduled to discharge to the POTW
shall be required to submit to the environmental officer an industrial
user wastewater discharge permit application and a baseline monitoring
report, the two of which shall contain the information identified
in subsections (1) through (6) below. At least ninety (90) days prior
to commencement of discharge, new sources, and sources that become
subject to categorical standards subsequent to the promulgation of
an applicable categorical standard, shall submit to the environmental
officer a report which contains the information listed in subsections
(1) through (5) below. New sources shall also be required to include
this report information on the method of pretreatment the source intends
to use to meet applicable categorical standards. New sources shall
give estimates to the information requested in subsections (4) and
(5).
(1)
Identifying information.
The user shall submit the name
and address of the facility, including the name of the operators and
owners.
(2)
Permits.
The user shall submit a list of any environmental
control permits held by or for the facility.
(3)
Description of operations.
The user shall submit a brief
description of the nature, average rate of production, and the standard
industrial classification of the operation(s) carried out by such
industrial user. This description should include a schematic process
diagram which indicates points of discharge to the POTW from the regulated
processes. The user shall submit a list of all chemicals utilized
in its processes and appropriate material safety data sheets (MSDSs).
(4)
Flow measurement.
The user shall submit information
showing the measured average daily and maximum daily flow, in gallons
per day, to the POTW from each of the following:
(5)
Measurement of pollutants.
(A)
The user shall identify the categorical pretreatment standards applicable
to each regulated process.
(B)
In addition, the user shall submit the results of sampling and analysis
identifying the nature and concentration (or mass, where required
by the categorical pretreatment standards or by the environmental
officer) of regulated pollutants in the discharge from each regulated
process. Both daily maximum and average concentration (or mass, where
required) shall be reported. The sample shall be representative of
daily operations.
(C)
A minimum of four (4) grab samples must be used for pH, cyanide,
total phenols, oil and grease, sulfide, and volatile organic compounds
(VOCs). For all other pollutants, twenty-four (24) hour composite
samples must be obtained through flow-proportional composite sampling
techniques where feasible. The environmental officer may waive flow-proportional
composite sampling for any industrial user that demonstrates that
flow-proportional sampling is infeasible. In such cases, samples may
be obtained through time-proportional composite sampling techniques
or through a minimum of four (4) grab samples where the user demonstrates
that this will provide a representative sample of the effluent being
discharged.
(D)
The user shall take a minimum of one (1) representative sample to
compile that data necessary to comply with the requirements of this
section.
(E)
Samples should be taken immediately downstream from pretreatment
facilities if such exist or immediately downstream from the regulated
process if no pretreatment exists. If other wastewaters are mixed
with the regulated wastewater prior to pretreatment, the user should
measure the flows and concentrations necessary to allow use of the
combined wastestream formula of 40 C.F.R. section 403.6(e) in order
to evaluate compliance with the categorical pretreatment standards.
Where an alternate concentration or mass limit has been calculated
in accordance with 40 C.F.R. section 403.6(e), this adjusted limit
along with supporting data shall be submitted to the environmental
officer.
(F)
Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 C.F.R. part 136 and amendments thereto. Where 40
C.F.R. part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the
part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures suggested by the environmental officer or
other parties, approved by the EPA.
(G)
The environmental officer may require the user to submit a pollutant
scan of the wastewater discharge.
(H)
The environmental officer may allow the submission of a baseline
monitoring report which utilizes only historical data so long as the
data provides information sufficient to determine the need for industrial
pretreatment measures.
(I)
The baseline monitoring report shall indicate the time, date and
place of sampling and methods of analysis, and the industrial user
shall certify that such sampling and analysis is representative of
normal work cycles and expected pollutant discharges to the POTW.
(6)
Certification.
A statement, reviewed by an authorized representative of the industrial user (as specified in section 12.05.018), and certified to by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required for the industrial user to meet the pretreatment standards and requirements.
(7)
Compliance schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards and requirements, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard or requirement. A compliance schedule pursuant to this section must meet the requirements set out in section 12.05.013 of this article.
(8)
Where the industrial user’s categorical pretreatment standard has been modified by a removal allowance (40 C.F.R. section 403.7), the combined wastestream formula (40 C.F.R. section 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. section 403.13) at the time the user submits the report required by this section, the information required by subsections (6) and (7) shall pertain to the modified limits.
(9)
If the categorical pretreatment standard is modified by a removal allowance (40 C.F.R. section 403.7), the combined wastestream formula (40 C.F.R. section 403.6(e)), and/or a fundamentally different factors variance (40 C.F.R. section 403.13) after the user submits the report required by this section, any necessary amendments to the information requested by subsections (6) and (7) of this section shall be submitted by the user to the environmental officer within sixty (60) days after the modified limit is approved.
(Ordinance 2016-08-02, sec. A(12),
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.).
(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)
(a)
Any significant industrial users subject to a categorical pretreatment standard, after the compliance date of such categorical standard, or, in the case of a new source, after commencement of the discharge into the POTW, shall submit to the environmental officer during the months of June and December, unless required more frequently in the categorical standard or by the environmental officer, TCEQ, or the EPA, a report indicating the nature and concentration of pollutants in the discharge which are limited by such categorical pretreatment standards. In addition, this report shall include a record of measured or estimated average and maximum daily flows for the reporting period for the discharge reported in section 12.05.012(c)(4), except that the environmental officer may require more detailed reporting of flows. At the discretion of the environmental officer and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the environmental officer may agree to alter the months during which the above reports are submitted. All periodic compliance reports must be signed and certified in accordance with section 12.05.018 of this article.
(b)
Where the environmental officer has imposed mass limitations on an industrial user as provided for by 40 C.F.R. section 403.6(d), the report required by subsection (a) above shall indicate the mass of pollutants regulated by the applicable categorical pretreatment standards in the discharge for the industrial user.
(c)
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), the report required by subsection (a) above shall contain a reasonable measure of the user’s long-term production rate. For all other industrial users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge per unit of production (or other measure of operation), the report required by subsection (a) above shall include the user’s actual average production rate for the reporting period.
(d)
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 user to
claim that sample results are unrepresentative of its discharge.
(e)
If an industrial user subject to the reporting requirement of this section monitors any pollutant more frequently that required by the environmental officer, using the procedures prescribed in section 12.05.016(a) of this article, the results of this monitoring shall be included in this report.
(Ordinance 2016-08-02, sec. A(15),
adopted 8/2/16)
(a)
Significant noncategorical industrial users shall submit to the environmental
officer at least once every six months (on dates specified by the
environmental officer) a description of the nature, concentration,
and flow of the pollutants required to be reported by the environmental
officer. These reports shall be based on sampling and analysis performed
in the period covered by the report, and performed in accordance with
the techniques described in 40 C.F.R. part 136 and amendments thereto.
Where 40 C.F.R. part 136 does not contain sampling or analytical techniques
for the pollutant in question, or where the EPA determines that the
part 136 sampling and analytical techniques are inappropriate for
the pollutant in question, sampling and analysis shall be performed
by using validated analytical methods or any other applicable sampling
and analytical procedures, including procedures suggested by the environmental
officer or other persons, approved by the EPA. This sampling and analysis
may be performed by the environmental officer in lieu of the significant
noncategorical industrial user. Where the environmental officer collects
all the information required for the report, the noncategorical significant
industrial user will not be required to submit the report.
(b)
All periodic compliance reports must be signed and certified in accordance with section 12.05.018 of this article.
(c)
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 user to
claim that sample results are unrepresentative of its discharge.
(Ordinance 2016-08-02, sec. A(16),
adopted 8/2/16)
(a)
Industrial user wastewater discharge permits shall be expressly subject
to all provisions of this article and all other applicable regulations,
user charges, and fees established by the city. Industrial user wastewater
discharge permits shall include such conditions as are deemed reasonably
necessary by the environmental officer to prevent pass-through or
interference, protect the quality of the water body receiving the
treatment plant’s effluent, protect worker health and safety,
facilitate sludge management and disposal, and protect against damage
to the POTW. Industrial user wastewater discharge permits shall contain,
but not be limited to, the following:
(1)
Statement of duration (in no case more than five years);
(2)
Statement of non-transferability without, at a minimum, thirty (30)
day prior notification to the environmental officer and provision
of a copy of the existing control mechanism to the new owner or operator;
(3)
Effluent limits based on applicable general pretreatment standards
in 40 C.F.R. part 403, categorical pretreatment standards, prohibited
discharge standards, local limits, and state and local law;
(4)
Self-monitoring, sampling, reporting, notification and recordkeeping
requirements, including an identification of the pollutants to be
monitored, sampling location, sampling frequency, and sample type,
based on the applicable general pretreatment standards, categorical
pretreatment standards, prohibited discharge standards, local limits,
and state and local law;
(5)
Statement of applicable civil and criminal penalties for violation
of pretreatment standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond
applicable federal deadlines.
(b)
Industrial user wastewater discharge permits may contain other conditions
as deemed appropriate by the environmental officer to ensure compliance
with this article and state and federal laws, rules, and regulations.
Such other conditions could include:
(1)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization.
(2)
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate devices, designed to reduce,
eliminate, or prevent the introduction of pollutants into the treatment
works.
(3)
Requirements for the development and implementation of spill control
plans or other special conditions, including management practices
necessary to adequately prevent accidental, unanticipated, or nonroutine
discharges.
(4)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
(5)
The unit charge or schedule of user charges and fees for the management
of the wastewater discharged to the POTW.
(6)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment.
(7)
A statement that compliance with the industrial user wastewater discharge
permit does not relieve the permittee of responsibility for compliance
with all applicable federal and state pretreatment standards, including
those which become effective during the term of the industrial user
wastewater discharge permit.
(8)
Other conditions as deemed appropriate by the environmental officer
to ensure compliance with this article and state and federal laws,
rules, and regulations.
(Ordinance 2016-08-02, sec. A(17),
adopted 8/2/16)
(a)
The reports required under sections 12.05.012, 12.05.014, 12.05.015, and 12.05.016 shall include the certification statement below:
|
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.
|
and shall be signed as follows:
(1)
By a responsible corporate officer, if the industrial user submitting
the reports is a corporation.
(2)
By a general partner or proprietor if the industrial user submitting
the reports is a partnership or sole proprietorship, respectively.
(3)
By the principal executive officer or environmental manager having
responsibility for the overall operation of the discharging facility
if the industrial user submitting the reports is a federal, state,
or local governmental entity, or their agents.
(4)
By a duly authorized representative of the individual designated in subsection (a)(1), (2), or (3) of this section if:
(B)
The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which
the industrial discharge originates, such as the position of plant
manager, operator of a well, or well field superintendent, or a position
of equivalent responsibility for environmental matters for the company;
and
(C)
The written authorization is submitted to the environmental officer.
(5)
If an authorization under subsection (a)(4) is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of subsection (4) must be submitted to the environmental officer prior to or together with any reports to be signed by an authorized representative.
(b)
The reports and other documents required to be submitted or maintained
under this article shall be subject to:
(1)
The provisions of 18 U.S.C. section 1001 relating to fraud and false
statements;
(2)
The provisions of section 309(c)(4) of the Clean Water Act, as amended,
governing false statements, representations or certification, and
the provisions of section 309(c)(6) regarding responsible corporate
officers.
(Ordinance 2016-08-02, sec. A(18),
adopted 8/2/16)
(a)
Permit duration.
Industrial user wastewater discharge
permits shall be issued for a specified period, not to exceed five
(5) years. A permit may be issued for a period less than five (5)
years, at the discretion of the environmental officer.
(b)
Permit appeals.
Any interested person, including the industrial user, may petition to appeal the terms of a permit, or the denial of a permit, to the environmental appeals committee (as established by section 12.05.022 of this article), within thirty (30) days of the final permit decision.
(1)
Failure to submit to a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the permit provisions
objected to, the reasons for these objections, and the alternative
condition, if any, it seeks to be placed in the permit. Any reasons
advanced against a permit denial shall be fully explained.
(3)
The effectiveness of the permit shall not be stayed pending a reconsideration
by the committee, unless the environmental officer expressly so states.
If, after considering the petition and any arguments put forth by
the environmental officer, the committee determines that reconsideration
is proper, it shall remand the permit, or permit application, back
to the environmental officer for reconsideration. Those permit provisions
being reconsidered by the environmental officer on remand shall be
stayed pending reissuance, unless the committee expressly states to
the contrary.
(4)
An environmental appeals committee decision not to reconsider a final
permit, or the denial of a permit, shall be considered final administrative
action for purposes of judicial review.
(5)
If the environmental appeals committee fails to act within thirty
(30) days, a request for reconsideration shall be deemed to be denied.
(6)
Aggrieved parties seeking judicial review of the final administrative
wastewater discharge permit decision must do so by filing a complaint
with the state district court.
(c)
Permit action and modification.
The environmental officer
has the power to deny or condition new or increased contributions
of pollutants, or changes in the nature of pollutants, to the POTW
by an industrial user where such contributions do not meet applicable
pretreatment standards and requirements or where such contributions
would cause the POTW to violate the applicable TPDES permit issued
for the operation of the POTW. The environmental officer may modify
the industrial user 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 material or substantial alterations or additions to the
industrial user’s operation processes, or discharge volume or
character, which were not considered in drafting the effective permit.
(3)
A change in any condition in either the industrial user or 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 POTW, POTW personnel, or the receiving waters.
(5)
Violation of any terms or conditions of the permit.
(6)
Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(7)
Revision of or a grant of variance from categorical standards pursuant
to 40 C.F.R. section 403.13.
(8)
To correct typographical or other errors in the permit.
(9)
To reflect transfer of the facility ownership and/or operation to
a new owner or operator.
(10)
Upon request of the permittee, provided such request does not create
a violation of any applicable pretreatment standards or requirements,
or other laws, rules, or regulations. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance,
does not stay any permit condition.
(d)
Permit transfer.
Industrial user wastewater discharge
permits may be reassigned or transferred to a new owner and/or operator
with prior approval of the environmental officer, provided:
(1)
The permittee must give at least thirty (30) days’ advance
notice to the environmental officer.
(2)
The permittee must provide a copy of the existing permit to the new
owner or operator.
(3)
The notice must include a written certification by the new owner
or operator which:
(A)
States that the new owner or operator has no immediate intent to
change the facility’s operations and processes;
(B)
Identifies that the permittee has provided a copy of the existing
permit to the new owner or operator;
(C)
Identifies the specific date on which the transfer is to occur; and
(D)
Acknowledges full responsibility for complying with the existing
permit.
(4)
Failure to provide advance notice of a transfer renders the industrial
user wastewater discharge permit void as of the date of facility transfer.
(e)
Permit termination.
Industrial user wastewater discharge
permits may be terminated for good cause, including but not limited
to the following reasons:
(1)
Falsifying self-monitoring reports.
(2)
Tampering with monitoring equipment.
(3)
Refusing to allow proper inspecting authorities timely access to
the facility premises and records.
(4)
Failure to meet effluent limitations.
(5)
Failure to pay fines.
(6)
Failure to pay sewer charges.
(7)
Failure to meet compliance schedules.
(8)
Failure to notify the environmental officer of significant changes
to the wastewater prior to the changed discharge.
(9)
Failure to provide prior notification to the environmental officer of changed conditions pursuant to section 12.05.028(c) of this article.
(10)
Misrepresentation or failure to fully disclose all relevant facts
in the industrial user wastewater discharge permit application.
(11)
Failure to complete a wastewater survey or the industrial user wastewater
discharge permit application.
(12)
Failure to provide advance notice of the transfer of business ownership
of a permitted facility.
(13)
Violation of any pretreatment standard or requirement, or any terms
of the industrial user wastewater discharge permit or this article.
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A user will be notified of any proposed permit termination and offered an opportunity to show cause under section 12.05.021(h) of this article why the proposed termination should not occur. Industrial user wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All industrial user wastewater discharge permits issued to a particular user are void upon the issuance of a new permit to that user.
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(f)
Permit reissuance.
The user shall apply for permit reissuance
by submitting a complete industrial user wastewater discharge permit
application form a minimum of ninety (90) days prior to the expiration
of the user’s existing permit.
(g)
Continuation of expired permits.
An expired permit will
continue to be effective and enforceable until the permit is reissued
if:
(1)
The industrial user has submitted a complete industrial user wastewater
discharge permit application form at least ninety (90) days prior
to the expiration date of the user’s permit.
(2)
The failure to reissue the permit, prior to expiration of the previous
permit, is not due to any act or failure to act on the part of the
industrial user.
(Ordinance 2016-08-02, sec. A(19),
adopted 8/2/16)
(a)
If sampling performed by an industrial user indicates a violation,
the user shall notify the environmental officer within twenty-four
(24) hours of becoming aware of the violation. The user shall also
repeat the sampling and analysis and submit the results of the repeat
analysis to the environmental officer within thirty (30) days after
becoming aware of the violation.
(b)
If an industrial user subject to the reporting requirements of section 12.05.015 or section 12.05.016 monitors any pollutant more frequently than required by this article or by the environmental officer, using the procedures as prescribed in 40 C.F.R. section 403.12(g)(4), the results of this monitoring shall be included in the report.
(c)
Any industrial user subject to the reporting requirements established
in this article or the industrial user wastewater discharge permit
shall retain for a minimum of three (3) years any records of monitoring
activities and results (whether or not such monitoring activities
are required by this article or the industrial user wastewater discharge
permit) and shall make [such records] available for inspection and
copying by the EPA, TCEQ, or the environmental officer. This period
of retention shall be extended during the course of any unresolved
litigation regarding the industrial user or the city, when requested
by the state or the federal government, or when specifically notified
of a longer retention period by the environmental officer. For all
samples, such records shall include but not be limited to:
(1)
The date, exact location, method, and time of sampling and the names
of the person or persons taking the samples;
(2)
The date analyses were performed.
(3)
Who performed the analyses.
(4)
The analytical techniques/methods used.
(5)
The results of such analyses.
(6)
The outfall number(s) for which samples were taken.
(7)
The sampler’s name, affiliation, and signature.
(8)
Type of sample(s) collected.
(9)
Number of parts or sample intervals of the sample(s).
(10)
How the sample(s) was collected (i.e., automatic sampler, in person,
etc.).
(11)
Sample container - size and material.
(12)
Field data - who measured it, date, and time.
(13)
Sampling date and time - beginning date, ending date, beginning time,
and ending time.
(14)
Chain of custody information (including affiliation of each individual
in the chain of custody).
(15)
Certification statement as set out in this article.
(16)
Authorized signature as required by this article.
(Ordinance 2016-08-02, sec. A(20),
adopted 8/2/16)
(a)
Telephone call or e-mail communication.
After discovery
of an industrial user violation, the environmental officer may inform
the noncompliant user by telephone or by e-mail communication concerning
the violation committed by the user. If by telephone, the environmental
officer will speak to the authorized user contact and explain the
violation along with the possible enforcement action against the user
if the violation continues to occur. The environmental officer will
gather the following information:
(1)
Why the violation occurred;
(2)
Whether the problem has been corrected;
(3)
Whether the violation could occur again; and
(4)
When the problem has been or will be corrected.
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The information received from the contact concerning the violation
will be documented along with time and date of call in the violation
summary file. Such telephone call may be utilized to provide verbal
notification of minor violations. If communication is by e-mail and
the industrial user does not provide the above information in a timely
manner, the environmental officer will follow up via telephone. Use
of the telephone call or e-mail communication does not limit the environmental
officer’s ability to take any other action authorized by this
plan.
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(b)
Notification of violation.
When the environmental officer
finds that 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,
the environmental officer may serve upon that user a written notice
of violation. Within fifteen (15) days of the receipt of this notice,
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 environmental officer. If the user
denies that any violation occurred and/or contends that no corrective
action is necessary, an explanation of the basis of any such denial
or contention shall be submitted to the environmental officer within
fifteen (15) days of receipt of the notice. Submission of an explanation
and/or 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 the authority of the environmental officer
to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(c)
Consent orders.
The environmental officer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents may include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsections (d) and (e) of this section and shall be judicially enforceable.
(d)
Show cause hearing.
The environmental officer may order
a user which 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,
to appear before the environmental officer and show cause why the
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 the proposed enforcement action should not
be taken. The notice of the meeting shall be served personally or
by registered or certified mail (return receipt requested) at least
ten (10) days prior to the hearing. Such notice may be served on any
authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
(e)
Compliance orders.
When the environmental officer finds
that 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,
the environmental officer may issue an order to the user responsible
for the discharge directing that the user come into compliance within
a specified time limit. If the user does not come into compliance
within the specified time limit, sewer service may be discontinued
unless adequate treatment facilities, devices, or other 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 federal 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 a prerequisite
for, taking any other action against the user.
(f)
Cease and desist orders.
When the environmental officer
finds that 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,
or that the user’s past violations are likely to recur, the
environmental officer 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.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
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(g)
Emergency suspensions.
The environmental officer may
immediately suspend a user’s discharge, after any reasonable
notice to the user that is practical under the circumstances, whenever
such suspension is necessary 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 persons. The environmental
officer 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 environmental officer 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 individuals. The environmental officer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the environmental officer that the period of endangerment has passed, unless the termination proceedings in subsection (h) of this section are initiated against the user.
(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 the measures taken to prevent any future occurrence, to the environmental officer prior to the date of any show cause or termination hearing under subsection (d) or (h) of this section.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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(h)
Termination of discharge.
In addition to the provisions in section 12.05.019(e) of this article, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of industrial user wastewater discharge permit 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 pretreatment standards.
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Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (d) of this section why the proposed action should not be taken. Exercise of this option by the environmental officer shall not be a bar to, or a prerequisite for, taking any other action against the user.
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(i)
Administrative fines.
(1)
When the environmental officer finds that 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, the environmental officer
may fine such user in an amount not to exceed $1,000.00. Such fines
shall be assessed on a per violation, per day basis. In the case of
monthly or other long-term average discharge limits, fines shall be
assessed for each day during the period of violation.
(2)
Unpaid charges, fines, and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of ten percent (10%) of the
unpaid balance, and interest shall accrue thereafter at a rate of
ten percent (10%) per month. A lien against the user’s property
will be sought for unpaid charges, fines, and penalties.
(3)
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
(j)
Appeals from administrative enforcement actions.
Any industrial user subject to any order issued, any administrative fine imposed, or any enforcement action taken by the environmental officer pursuant to his/her authority in this section 12.05.021 may appeal the order, action, or fine by filing a written notice of appeal with the environmental officer. (The environmental officer may provide forms for this purpose.) Such notice of appeal shall be filed within fifteen (15) days of notice of the order, action, or fine.
(Ordinance 2016-08-02, sec. A(21),
adopted 8/2/16)
(a)
An environmental appeals committee is hereby established, and authorized
to hear and decide appeals from any decision, fine, or order issued
or any other enforcement action taken by the environmental officer
pursuant to this article. The committee shall be composed of the city
administrator, the mayor, and the city attorney, or any of their designated
representatives.
(b)
The committee may call and hold hearings, administer oaths, receive
evidence at the hearing, issue subpoenas to compel the attendance
of witnesses and the production of papers and documents related to
the hearing, and make findings of fact and decisions with respect
to administering its powers herein.
(c)
Upon the hearing of an appeal from an order issued, enforcement action
taken, or fine imposed by the environmental officer, the committee
shall determine if there is a preponderance of evidence to support
the environmental officer’s determination, fine, action, and/or
order. The decision of the committee shall be in writing and contain
findings of fact. If the committee determines that there is a preponderance
of evidence to support the determination, fine, action, and/or order
of the environmental officer, the committee shall, in addition to
its decision, issue an order:
(1)
Requiring discontinuance of the violation or condition;
(2)
Requiring compliance with any requirement to correct or prevent any
condition or violation;
(3)
Suspending or revoking any industrial user wastewater discharge permit
issued under this article; and/or
(4)
Imposing the proper fine.
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In any decision issued by the committee, the order shall specify
the time in which the compliance with the order must be taken. A copy
of the order shall be delivered to the appellant or person to whom
the order is directed in person or sent to him/her by registered or
certified mail (return receipt requested).
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(d)
Upon the hearing of an appeal from a permit issuance, modification,
or denial by the environmental officer, the committee shall determine
if there is a preponderance of evidence to support the environmental
officer’s permitting decision. The decision of the committee
shall be in writing. If the committee determines that there is a preponderance
of evidence to support the permitting decision of the environmental
officer, the committee shall affirm his/her decision. If the committee
determines that there is not a preponderance of evidence to support
the permitting decision of the environmental officer, the committee
shall remand the permit, or permit application, back to the environmental
officer for reconsideration. A copy of the decision of the committee
upon the permitting appeal shall be delivered to the appellant in
person or sent to him/her by registered or certified mail. An environmental
appeals committee decision not to reconsider a final permit, or denial
of a permit, shall be considered final administrative action for purposes
of judicial review.
(Ordinance 2016-08-02, sec. A(22),
adopted 8/2/16)
(a)
The wastewater discharged or deposited into the POTW shall be subject
to periodic inspection and sampling as often as may be deemed necessary
by the environmental officer. Sampling shall be conducted according
to 40 C.F.R. part 136 and amendments thereto or with any other test
procedures approved by the EPA.
(b)
The examination and analysis of the characteristics of waters and
wastes shall be:
(1)
Performed in accordance with procedures established by the EPA pursuant
to section 304(h) of the Act (33 U.S.C. section 1314) and contained
in 40 C.F.R. part 136 and amendments thereto or with any other test
procedures approved by the EPA. Sampling shall be performed in accordance
with the techniques approved by the EPA. Where 40 C.F.R. part 136
does not include sampling or analytical techniques for the pollutants
in question, or where the EPA determines that the part 136 sampling
and analytical techniques are inappropriate for the pollutant in question,
sampling and analyses shall be performed using validated analytical
methods or any other sampling and analytical procedures, including
procedures suggested by the environmental officer or other parties,
approved by the EPA.
(2)
Determined from suitable samples taken at the control manhole provided
or other control points authorized by the environmental officer provided
at the expense of the industry.
(c)
The environmental officer may select an independent firm or laboratory
to perform sampling and laboratory analyses.
(d)
The determination of the character and concentration of industrial
wastewater shall be made by the environmental officer at such times
and on such schedules as he/she may establish.
(Ordinance 2016-08-02, sec. A(23),
adopted 8/2/16)
(a)
Each significant industrial user for which the city has reporting
requirements under the applicable TPDES permit issued for the operation
of the POTW shall, if the environmental officer so demands, compensate
NTMWD and/or the city, as appropriate, for the cost of sampling, laboratory
analyses and administration required to monitor wastewater discharges.
The environmental officer shall determine the number of samples and
frequency of sampling necessary to maintain surveillance of discharges.
(b)
Each industrial user for which the environmental officer takes samples
and/or runs laboratory analyses to monitor wastewater discharges shall
compensate NTMWD and/or the city, as appropriate, if the environmental
officer so demands, for the cost of such sampling and laboratory analyses.
(c)
NTMWD and/or the city may adopt other reasonable fees for reimbursement
of its costs of setting up and operating the pretreatment program,
which may include:
(1)
Fees for industrial user wastewater discharge permit applications,
including the cost of processing such applications;
(2)
Other fees to recoup costs of monitoring, inspection, and surveillance
procedures, including the cost of collecting and analyzing a user’s
discharge, and reviewing monitoring reports submitted by industrial
users;
(3)
Fees to recoup the costs of responding to discharges by users in
violation of this article and/or to recoup monetary fines and/or penalties
imposed on the city for violations of the applicable TPDES permit
issued for the operation of the POTW attributable to pass-through
or interference caused by an industrial user;
(4)
Fees for reviewing and responding to accidental discharge procedures
and construction;
(5)
Fees for reviewing appeals; and
(6)
Other fees as NTMWD and/or the city may deem necessary to carry out
the requirements of this article. 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.
(d)
All fees required under this article shall be invoiced, upon the
environmental officer’s request, to the contributing industry
or commercial firm by NTMWD and/or the city and shall be payable as
indicated on the invoice.
(Ordinance 2016-08-02, sec. A(24),
adopted 8/2/16)
(a)
A surcharge may be applied in addition to the monthly sewer service
charge for the discharge of wastewater with concentrations of either
BOD or TSS concentrations exceeding that of “normal domestic
sewage,” to cover the additional costs of treating such wastewater.
Such a charge is collected by the city.
(b)
The surcharge shall be calculated as follows:
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C = [B (Bu - 250) + S (Su - 250)] x F x V
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Where:
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C
|
=
|
Surcharge to the user in dollars
|
|
B
|
=
|
Unit cost factor for treating one unit of BOD (per 1,000 gallons)
|
|
Bu
|
=
|
the tested BOD of the discharge
|
|
S
|
=
|
Unit cost factor for treating one unit of TSS (per 1,000 gallons)
|
|
Su
|
=
|
The tested TSS of the discharge
|
|
F
|
=
|
A factor of 8.34 to convert mg/L to pounds/gallon
|
|
V
|
=
|
Monthly billing volume (discharge) in thousand gallons
|
|
250
|
=
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Average domestic BOD and TSS (250 mg/L)
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(c)
If the concentration of BOD or TSS in the discharge is less than
the normal strength for that category above specified, there shall
be no surcharge for that category, nor shall there be credit given
to the total surcharge if the concentration of either BOD or TSS is
less than the normal concentration.
(d)
All BOD and TSS values used in determining the surcharge shall be
re-evaluated and adjusted to reflect any changes in wastewater characteristics
as sampling results indicate necessary.
(Ordinance 2016-08-02, sec. A(25),
adopted 8/2/16)
(a)
The environmental officer, as well as other authorized representatives
of the city, the EPA, TCEQ, and the department of state health services,
or any successor agencies bearing proper credentials and identification,
shall be permitted to enter the premises of any industrial user at
any reasonable time for the purpose of inspection, observation, measurement,
sampling, examination and copying of records, sampling and testing
of any wastewater discharged into the POTW, as well as of any wastewater
prior to treatment or discharge, and inspection of any pretreatment
facilities.
(b)
The environmental officer shall carry out all inspection and monitoring
procedures necessary to determine compliance with applicable pretreatment
standards and requirements.
(c)
The environmental officer 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/or metering of the industrial
user’s operations.
(d)
The environmental officer may require the industrial user to install
monitoring equipment as necessary. The user’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 to ensure
their accuracy.
(e)
Anyone acting under this authority shall observe the established
rules and regulations concerning safety, internal security, and fire
protection.
(f)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the industrial user at the written or verbal request of the environmental
officer and shall not be replaced. The costs of clearing such access
shall be borne by the user.
(g)
Any denial of access or unreasonable delay in allowing the environmental
officer access to a user’s premises shall be a violation of
this article.
(h)
Search warrants.
If the environmental officer has been
refused access to a building, structure, or property, or any part
thereof, and is able to demonstrate probable cause to believe that
there may be a violation of this article, or that there is a need
to inspect and/or sample as part of a routine inspection and sampling
program of the city designed to verify compliance with this article
or any industrial user wastewater discharge permit or order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the environmental officer may seek issuance
of a search warrant from any court of competent jurisdiction.
(Ordinance 2016-08-02, sec. A(26),
adopted 8/2/16)
(a)
When necessary to monitor wastewater discharged into the POTW, the
environmental officer may require an industrial user to provide and
install, at its own expense, a suitable control manhole in an easily
accessible location on the premises from which the waste is discharged
in order to adequately sample and measure such wastewater. Installation
of meters, equipment and accessories as deemed necessary by the environmental
officer may also be required.
(b)
A required control manhole shall be:
(1)
Near the outlet of each building lateral, sewer, drain, pipe, or
channel which connects with the wastewater system;
(2)
Designed and constructed to prevent infiltration by ground or surface
water;
(3)
Located to provide ample room in or near the facility to allow accurate
sampling and preparation of samples for analyses; and
(4)
Maintained by the user at all times in safe and proper operating
condition.
(c)
Before beginning construction of a control manhole, the user shall
submit plans to the environmental officer for review and approval
to insure compliance with this section. Plans must include any meters
or other equipment required to be installed.
(Ordinance 2016-08-02, sec. A(27),
adopted 8/2/16)
(a)
Industrial users shall provide necessary wastewater treatment as required to comply with all pretreatment standards and requirements, including categorical pretreatment standards, local limits, and the prohibitions set out in sections 12.05.005 and 12.05.006 of this article, within the time limitations specified by the EPA, TCEQ, or the environmental officer, whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user’s expense. The environmental officer may require the development of a compliance schedule by each industrial user for the installation of technology required to meet applicable pretreatment standards and requirements.
(b)
Before beginning construction of pretreatment facilities, the user
shall submit detailed plans and operating procedures for the facility
to the environmental officer for review and approval. The review and
approval of such plans and procedures will in no way relieve the user
from the responsibility of modifying the facility as necessary to
produce an effluent acceptable to the environmental officer and city
under the provisions of this article.
(c)
All industrial users shall promptly notify the environmental officer
in advance of any change in the volume or character of pollutants
in their discharge, including the listed or characteristic hazardous
wastes for which the industrial user has submitted initial notification
under 40 C.F.R. section 403.12(p). The environmental officer may require
the industrial user to submit such information as may be deemed necessary
to evaluate the changed condition, including the submission of an
industrial user wastewater discharge permit application form.
(d)
All records relating to compliance with pretreatment standards and
requirements shall be made available to the environmental officer
and to other authorized officials of the city, TCEQ, or the EPA upon
request.
(e)
The determination of the character and concentration of industrial
wastewater shall be made by the environmental officer at such times
and on such schedules as he/she may establish.
(Ordinance 2016-08-02, sec. A(28),
adopted 8/2/16)
(a)
The environmental officer shall publish annually a list of industrial
users in significant noncompliance with applicable pretreatment standards
or other pretreatment requirements during the previous twelve (12)
months. The notification shall also summarize any enforcement actions
taken against the users during the same period. Said list shall be
published in the newspaper in which the city’s legal notices
are normally published.
(b)
For purpose of this section, an industrial user is in significant
noncompliance if its violation(s) meets one or more of the following
criteria:
(1)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of all of the measurements
taken during a six (6) month period exceed (by any magnitude) the
daily maximum limit or the average limit for the same pollutant parameter;
(2)
Technical review criteria (TRC) violations, defined here as those
which thirty-three percent (33%) or more of all of the measurements
for each pollutant parameter taken during a six (6) month period equal
or exceed the product of the daily maximum limit or the average limit
multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil,
and grease, and 1.2 for all other pollutants except pH);
(3)
Any other violation of a pretreatment effluent limit (daily maximum
or longer-term average) that the control authority (i.e., the environmental
officer) determines has caused, alone or in combination with other
discharges, interference or pass-through (including endangering the
health of POTW personnel or the general public);
(4)
Any discharge of a pollutant that has caused imminent endangerment
to human health, welfare or the environment or has resulted in the
POTW’s exercise of its emergency authority to halt or prevent
such a discharge;
(5)
Failure to meet, within ninety (90) days after the schedule date,
a compliance schedule milestone contained in a local control mechanism
or enforcement order for starting construction, completing construction,
or attaining final compliance;
(6)
Failure to provide, within thirty (30) days after the due date, required
reports such as baseline monitoring reports, ninety (90) day compliance
reports, periodic self-monitoring reports, and reports on compliance
with compliance schedules;
(7)
Failure to accurately report noncompliance; or
(8)
Any other violation or group of violations which the control authority
(i.e., the environmental officer) determines will adversely affect
the operation or implementation of the local pretreatment program.
(Ordinance 2016-08-02, sec. A(29),
adopted 8/2/16)
(a)
Bypass not violating applicable pretreatment standards or requirements.
(b)
Notice.
(1)
If an industrial user knows in advance of the need for a bypass,
it shall submit prior notice to the environmental officer, if possible
at least ten (10) days before the date of the bypass.
(2)
An industrial user shall submit oral notice of an unanticipated bypass
to the environmental officer within twenty-four (24) hours from the
time the industrial user becomes aware of the bypass. A written submission
shall also be provided within five (5) days of the time the industrial
user becomes aware of the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass,
including exact dates and times, and if the bypass has not been corrected,
the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The environmental officer may waive the written report on a case-by-case
basis if the oral report has been received within twenty-four (24)
hours.
(c)
Prohibition of bypass.
(1)
Bypass is prohibited, and the environmental officer may take enforcement
action against an industrial user for a bypass, unless:
(A)
Bypass was unavoidable to prevent loss of life, personal injury or
severe property damage;
(B)
There were no feasible alternatives to the bypass, such as the use
of auxiliary treatment facilities, retention of untreated wastes,
or maintenance during normal periods of equipment downtime. This condition
is not satisfied if adequate backup equipment should have been installed
in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventative
maintenance; and
(Ordinance 2016-08-02, sec. A(30),
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)
Generally.
If a person can establish that an event,
which would otherwise be a violation of this article, an industrial
user wastewater discharge permit issued pursuant to this article,
or other federal, state, or local law, was caused solely by an act
of God, war, strike, riot, or other catastrophe, the event is not
a violation.
(b)
Conditions necessary for demonstration of affirmative defense.
An industrial user who wishes to establish an affirmative defense
shall demonstrate, through properly signed, contemporaneous operation
logs, or other relevant evidence, that:
(1)
The event that resulted in a violation occurred and the industrial
user can identify the cause(s) of the violation as being solely an
act of God, war, strike, riot, or other catastrophe;
(2)
The facility was at the time being operated in a prudent and workmanlike
manner and in compliance with applicable operation and maintenance
procedures;
(3)
The industrial user has submitted the following information to the
environmental officer within twenty-four (24) hours of becoming aware
of the violation (if this information is provided orally a written
submission must be provided within five (5) days);
(c)
Burden of proof.
In any enforcement proceeding the industrial
user seeking to establish an affirmative defense shall have the burden
of proof.
(d)
Reviewability of agency consideration.
In the exercise
of prosecutorial discretion, the environmental officer will review
any claims of an affirmative defense. No determinations made in the
course of his/her review shall constitute final action subject to
judicial review. Industrial users will have the opportunity for a
judicial determination on any claim of an affirmative defense only
in an enforcement action brought for noncompliance with categorical
pretreatment standards.
(e)
User responsibility.
The industrial user shall control
production or all discharges to the extent necessary to maintain compliance
with categorical pretreatment standards upon reduction, loss, or failure
of its treatment facility until the facility is restored or an alternative
method of treatment is provided. This requirement applies in the situation
where, among other things, the primary source of power of the treatment
facility is reduced, lost, or fails.
(Ordinance 2016-08-02, sec. A(33),
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)
Civil remedies.
(1)
Whenever it appears that a user has violated, or continues to violate, any provision of this article that relates to the discharge of a pollutant into the POTW, the city may petition the state district court or the county court at law, through the city attorney, for either the injunctive relief specified in subsection (a)(2) of this section or the civil penalties specified in subsection (a)(3) of this section, or both the specified injunctive relief and civil penalties.
(2)
The city may obtain against the violating user a temporary or permanent
injunction, as appropriate, that:
(A)
Prohibits any conduct that violates any provision of this article
that relates to the discharge of a pollutant into the POTW; or
(B)
Compels the specific performance of any action that is necessary
for compliance with any provision of this article that relates to
the discharge of a pollutant into the POTW.
(3)
The city may recover a civil penalty of up to but not more than $5,000.00
per day for each violation of any provision of this article that relates
to the discharge of a pollutant into the POTW, if the city proves
that:
(A)
The defendant was actually notified of the provision of this article;
and
(B)
After the defendant received notice of the provision of this article,
the defendant committed an act or acts in violation of the provision
of this article or failed to take action necessary for compliance
with the provision of this article.
(b)
Criminal penalties.
(1)
Any person who has violated any provision of this article, an industrial user wastewater discharge permit, or any order issued hereunder, or any other pretreatment standard or requirement shall be strictly liable for such violation and shall, upon conviction, be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code per violation, per day.
(2)
Any person who has knowingly made any false statement, representation,
or certification in any application, record, report, plan, or other
documentation filed, or required to be maintained pursuant to this
article, an industrial user wastewater discharge permit, or any order
issued hereunder, or who has falsified, tampered with, or knowingly
rendered inaccurate any monitoring device or method required under
this article, shall, upon conviction, be subject to a fine of up to
but not more than $2,000.00 per violation, per day.
(3)
In determining the amount of any fine imposed hereunder, the court
shall take into account all relevant circumstances, including, but
not limited to, the extent of harm caused by the violation, the magnitude
and duration of the violation, any economic benefit gained through
the violation, corrective actions by the violator, the compliance
history of the violator, the knowledge, intent, negligence, or other
state of mind of the violator, and any other factor as justice requires.
(c)
Civil suit under Texas Water Code.
Whenever it appears that a violation or threat of violation of any provision of section 26.121 of the Texas Water Code, or any rule, permit, or order of the state commission on environmental quality, has occurred or is occurring within the jurisdiction of the city, exclusive of its extraterritorial jurisdiction, the city, in the same manner as TCEQ, may have a suit instituted in a state district court through its city attorney for the injunctive relief or civil penalties or both authorized in subsection (a) of section 26.123 of the Texas Water Code, against the person who committed or is committing or threatening to commit the violation. This power is exercised pursuant to section 26.124 of the Texas Water Code. In any suit brought by the city under this subsection (c), the TCEQ is a necessary and indispensable party.
(d)
Remedies nonexclusive.
The remedies provided for in
this article are not exclusive of any other remedies that the city
may have under state or federal law or other city ordinances. The
city may take any, all, or any combination of these actions against
a violator. The city is empowered to take more than one enforcement
action against any violator. These actions may be taken concurrently.
(Ordinance 2016-08-02, sec. A(37),
adopted 8/2/16; Ordinance adopting
2018 Code)
(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)
