When used in this division, these terms shall be defined as
follows:
Any industrial waste discharged into the authority’s
sanitary sewer which, when analyzed, shows by weight a total suspended
solids (TSS) concentration greater than 240 mg/l or a biochemical
oxygen demand (BOD) concentration greater than 210 mg/l. In addition,
the authority may judge independently a waste’s suitability
for discharge to the POTW that requires additional treatment, based
upon BOD, TSS or other characteristics, as abnormal. Any waste in
this classification must be made acceptable for discharge into the
POTW as defined in this division.
The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
Director of the Texas Commission on Environmental Quality
(TCEQ).
The City of River Oaks, Texas.
Authorized representatives (authorized signatories) for wastewater discharge permit applications and for reports submitted under section 13.09.035(c) of this division are:
A responsible corporate officer, if the discharger submitting
the application or report is a corporation. This includes the president,
vice-president, secretary or treasurer 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.
The manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive
measures to assure long-term environmental compliance with environmental
laws and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permit or any control mechanism requirements;
and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures.
For a partnership or sole proprietorship, a general partner
or the proprietor, respectively.
The principal executive officer or director having responsibility
for the overall operation of the facility if the discharger is a federal,
state or local governmental entity, or their agents.
A duly authorized representative of the individual designated in subsections (1), (2), (3) or (4) above if:
The authorization is made in writing by the individual described
above in subsections (1), (2), (3), or (4);
The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility from
which the discharge originates (such as a plant manager), or a position
of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
The written authorization is submitted to the city. If an authorization
is no longer accurate because a different individual or position has
responsibility, a new authorization must be submitted to the city
prior to or together with any reports signed by an authorized representative.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in sections 13.09.034(b)–(d), 40 CFR 403.5(a)(1) and
(b). BMP’s include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage or leaks, sludge
or waste disposal, or drainage from raw materials storage.
The quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedure in five days
at twenty (20) degrees Centigrade, expressed as parts per million
by weight or in terms of milligrams per liter.
The intentional diversion of wastestreams or wastewater from
any portion of a discharger’s wastewater treatment equipment
or pretreatment facility.
An industrial user subject to a categorical pretreatment
standard or categorical standard.
Limitations on pollutant discharges to POTW’s promulgated
by EPA in accordance with section 307 of the Clean Water Act, that
apply to specified process wastewaters of particular industrial categories
(40 CFR 403.6 and parts 405–471).
Code of Federal Regulations.
A measure of the oxygen consuming capacity of inorganic matter
present in the water or wastewater expressed in mg/l as determined
by the amount of oxidant consumed from a chemical reflux. Such term
does not, however, differentiate between stable and unstable organic
matter, and therefore does not necessarily correlate with biochemical
oxygen demand.
The City of River Oaks, Texas.
A procedure found in 40 CFR 403.6(e) for calculating fixed
alternative discharge limits at industrial facilities applicable when
regulated process wastewater, subject to a categorical pretreatment
standard, is mixed with nonregulated wastewaters prior to sampling.
A mixture of grab samples collected at the same sample point
at different times and composed of not less than four samples. The
series of samples may be collected on a time or flow proportional
basis.
Flow proportional composite sample.
A sampling method which combines discrete samples collected
over time, based on the flow of the wastestream being sampled. There
are two methods used to collect this type of sample. One method collects
a constant sample volume at time intervals which vary based on the
streamflow (e.g., 200 milliliters of sample collected for every 5,000
gallons discharged). The other method collects samples of varying
volume, based on streamflow, at constant time intervals. Flow proportional
composite will be used only in locations that have the capability
to measure flow during the sampling period.
Time proportional composite sample.
A sampling method which combines discrete samples of constant
volume collected at constant time intervals (e.g., 200 milliliter
samples collected every half hour for a 24-hour period).
Containing a harmful quantity of any substance.
The City of Fort Worth, Texas as holder of the respective
Texas Pollutant Discharge Elimination System (TPDES) permit.
The water discharged from any system of condensation such
as air conditioning, cooling, refrigeration or water used as a coolant
in cooling towers where the only pollutant is thermal.
The director of public works of the city, or his/her authorized
representative.
Any user discharging an effluent into a POTW by means of
pipes, conduits, pumping stations, force mains, constructed drainage
ditches, surface water intercepting ditches, intercepting ditches,
and all constructed devices and appliances appurtenant thereto. The
term includes owners and occupants of such premises.
Environmental Protection Agency of the federal government.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to such source if
the standard is thereafter promulgated in accordance with section
307 of the act.
Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
Gallons per day.
A sample which is taken from a wastestream on a one-time
basis with no regard to the flow of the wastestream and without consideration
of time. The sample is collected over a period of time not exceeding
15 minutes.
The introduction of pollutants into a POTW from any nondomestic
source regulated under section 307(b), (c) or (d) of the act.
A source of indirect discharge.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development,
recovery or processing of natural resources.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composite
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW’s TPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): section 405 of the Clean Water Act, the Solid
Waste Disposal Act (SWDA) (including title II, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA)), and including
state regulations contained in any state sludge management plan prepared
pursuant to subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a daily composite sample.
The daily composite sample is the concentration of discharge of a
pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a grab sample.
Is permissive.
Milligram per liter.
The highest allowable average of “daily discharges”
over a calendar month, calculated as the sum of all “daily discharges”
measured during a calendar month divided by the number of “daily
discharges” measured during that month.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source;
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source should be considered;
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source under this definition has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program;
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies do not constitute
a contractual obligation under this definition.
Water used for cooling which does not come into direct contact
with raw materials, intermediate product, waste product, or finished
product.
An industrial user that is subject to categorical pretreatment
standards may, at the discretion of the director, be permitted as
a nonsignificant categorical industrial user (NSCIU) based on a finding
that the industrial user never discharges categorical wastewater and
the following conditions are met:
The industrial user, prior to city’s finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in section 13.09.035(c)(9), see 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
A system used by the federal government for collecting and
organizing industry-related statistics. The NAICS codes are updated
every five years to stay current with industry developments.
Operation and maintenance.
Decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, and all other substances except sewage and
industrial wastes.
The person, firm, or public or private corporation, using
the lot, parcel of land, building or premises connected to and discharging
sewage, industrial wastewater or liquid into the sanitary sewage system
of the city, and who pays, or is legally responsible for the payment
of, water rates or charges made against the said lot, parcel of land,
building or premises, if connected to the water distribution system
of the city, or who would pay or be legally responsible for such payment
if so connected.
The discharge of pollutants through the POTW into waters
of the United States in quantities or concentrations which are a cause
of or significantly contribute to a violation of any requirement of
the POTW’s TPDES permit.
Wastewater discharge permit, issued to nondomestic dischargers
of industrial waste into the sanitary sewerage system of the POTW.
Any individual, business entity, partnership, corporation,
governmental agency, political subdivision, or any agent or employee
thereof.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions, in grams per liter of solution; a measure of the
acidity or alkalinity of a solution, expressed in standard units.
Dredged soil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar
dirt and industrial, municipal and agricultural waste discharged into
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 the sanitary sewer.
Any substantive or procedural requirement related to pretreatment,
other than a pretreatment standard, imposed on an industrial user.
Prohibited discharge limits established pursuant to 40 CFR
part 403.5, categorical pretreatment standards, and local limits,
including best management practices.
The water that comes into direct contact with or results
from the production or use of any raw material, intermediate product,
finished product, byproduct, waste product, or wastewater.
Public works utility superintendent of the city, or his authorized
representative.
Any sewage treatment plant owned and operated by an entity
(i.e. the control authority) other than a private industry and the
sewers, pipes and conveyances owned in whole or part by the control
authority that convey wastewater to the sewage treatment plant. This
definition includes any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial waste
of a liquid nature.
A publicly owned pipe or conduit designed to collect and
transport industrial waste and domestic sewage to the POTW.
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 be reasonably expected
to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm or other
waters as may be present.
Is mandatory.
An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application,
or the deletion or addition of any pollutant regulated by the authority
or by a categorical standard. Volumes are those measured by the water
service meter, a verifiable estimate, or a permanently installed effluent
flow meter approved by the authority.
All industrial users subject to categorical pretreatment
standards and any other industrial user that:
Discharges an average of 25,000 gallons per day or more of process
wastewater to a POTW (excluding sanitary, noncontact cooling or boiler
blow-down wastewater);
Contributes a process wastestream which makes up 5 percent or
more of the average dry weather hydraulic or organic capacity of a
POTW; or
Is designated as such by the authority on the basis that the
industrial user has a reasonable potential for adversely affecting
a POTW’s operation or for violating any pretreatment standard
or requirement.
An industrial user that is subject to categorical pretreatment
standards may, at the discretion of the director, be permitted as
a nonsignificant categorical industrial user (NSCIU) based on a finding
that the industrial user never discharges categorical wastewater (excluding
sanitary, noncontact cooling and boiler blow-down wastewater, unless
specifically included in the pretreatment standard) and the following
conditions are met:
The industrial user, prior to city’s finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
The industrial user annually submits the certification statement required in section 13.09.035(c)(9), see 40 CFR 403.12(q), together with any additional information necessary to support the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
Upon a finding that a noncategorical industrial user meeting
the criteria for a significant industrial user has no reasonable potential
for adversely affecting a POTW’s operation or for violating
any pretreatment standard or requirement, the authority may at any
time on its own initiative or in response to a petition received from
a noncategorical industrial user, determine such user is not a significant
industrial user.
Any discharge at a flow rate or concentration, which could
cause a violation of the prohibited discharge standards of this division.
A slug discharge is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or a noncustomary
batch discharge, which has a reasonable potential to cause interference
or pass through, or in any other way violate the POTW’s regulations,
local limits or permit conditions.
The codes which best describes the activities conducted at
the facility or establishment. SIC codes are 4-digit numbers used
by the Bureau of Census as part of a system to categorize and track
the types of business activities conducted in the United States. The
first two digits of the code represent the major industry group and
the second two digits represent the specific subset of that group.
“Standard Methods for the Examination of Water and
Wastewater,” a publication prepared and published jointly by
the American Public Health Association, American Waterworks Association
and the Water Pollution Control Federation, as it may be amended from
time to time.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation including snowmelt.
Permit issued by the state commission on environmental quality
under authority delegated pursuant to 33 USC 1342(b) that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group or general area-wide
basis.
Solids that either float on the surface of, or in suspension
in, water, sewage or other liquid and which are removable by laboratory
filtering.
The sum of masses or concentration of the toxic organic compounds
listed in 40 CFR 122 appendix D, table II, excluding pesticides, found
in industrial users’ discharges at a concentration greater than
0.01 mg/l. Only those parameters reasonably suspected to be present,
to be determined by the city, if any, shall be analyzed for with noncategorical
industries. With categorical industries, the list of TTO’s is
specific for every applicable federal category. TTO’s will be
sampled for as stipulated in the particular category or those parameters
reasonably suspected to be present, to be determined by the city,
where not stipulated.
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; more than ten
thousand (10,000) parts per million, by weight, of dissolved solids,
of which not more than twenty-five hundred (2,500) parts per million
are chloride; not more than ten (10) parts per million each of TSS
and BOD; color not exceeding fifty (50) color units; nor pH value
of less than 5.0 nor higher than 12.0 and any water or waste approved
for discharge into a stream or waterway by the appropriate state authority.
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this division, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Any affirmative defenses to upset only apply to federal court actions as per section 13.09.036(g)(2) of this division.
United States Code.
A person who is a source of an indirect discharge.
Liquid and water-carried industrial waste and sewage from
residential dwellings, commercial buildings, industrial and manufacturing
facilities, and institutions, whether treated or untreated, which
are contributed to the POTW.
(Ordinance 911-2011 adopted –/–/11)
(a)
This division provides for prohibitions on discharges of certain
substances into the public sewer system of the city from all sources,
domestic, commercial, or industrial. A further purpose of this division
is to set forth uniform requirements for industrial dischargers into
the authority’s wastewater collection and treatment systems,
and to enable the authority to protect the general public and POTW
personnel in conformance with all applicable state and federal laws
relating thereto, including the Clean Water Act. Parts of this division
are enacted pursuant to regulations established by the U.S. Environmental
Protection Agency (EPA) as set forth in 40 CFR part 403 and all applicable
state and federal laws, including the Clean Water Act (33 United States
Code 1251 et seq.) and as set forth in 40 CFR part 403.
(b)
All categorical pretreatment standards, lists of toxic pollutants,
industrial categories, recordkeeping requirements, and other standards
and categories which have been or which will be promulgated by the
EPA shall be incorporated as a part of this division, as will EPA
regulations regarding sewage pretreatment established pursuant to
the act, and amendment of this division to incorporate such changes
shall not be necessary. The authority shall maintain current standards
and regulations which shall be available for inspection and copying.
(c)
The objectives of this division are:
(1)
To prevent the introduction of pollutants into the authority’s
wastewater system which will interfere with the normal operation of
the system, including interference with the use or disposal of sludge,
or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the authority wastewater
system which do not receive adequate treatment in the POTW, and which
will pass through the system into receiving waters or the atmosphere
or which are otherwise incompatible with the system;
(3)
To protect the health and safety of both POTW personnel and the general
public;
(4)
To improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges;
(5)
To provide for the fees for the equitable distribution of the cost
of operation, maintenance, and improvement of the POTW; and
(6)
To enable the authority to comply with the control authority’s
TPDES permit conditions, sludge and disposal requirements, and any
other federal and state laws to which the POTW is subject.
(d)
The regulation of discharges into the authority’s wastewater system under this division shall be accomplished through the issuance of permits, as specified in section 13.09.035, and by monitoring and inspection of facilities, according to this division.
(e)
The director shall have the authority to promulgate such administrative
regulations as are from time to time necessary for the enforcement
of this division, for the purpose of promoting consistency of enforcement
throughout the city’s jurisdiction and service area, with the
use of an enforcement response plan.
(f)
Additionally, the director and the director’s authorized representatives
are authorized to make inspections pursuant to this division and to
take enforcement action against violators.
(Ordinance 911-2011 adopted –/–/11)
(a)
Discharges to storm drains and watercourses.
It shall
be unlawful for any person to discharge or cause to be discharged
any wastewater into any storm drain or watercourse within the city,
except for those persons with approved permits for such discharges.
(b)
Prohibited discharges.
(1)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, artesian well water, roof runoff, subsurface
drainage, condensate, deionized water, noncontact cooling water, and
unpolluted wastewater or drainage from downspouts, yard drains, yard
fountains and ponds, or lawn sprays into any sanitary sewer.
(2)
Water from unpolluted industrial water or cooling water from various
equipment shall not be discharged into sanitary sewers if an alternate
acceptable means of disposal is available. If an alternate acceptable
means of disposal is not available, such water may be discharged into
the sanitary sewer provided the water is metered and meets the discharge
prohibitions and limitations of this division.
(3)
No user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference.
These general prohibitions apply to all 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.
(c)
Prohibited sewer connections.
It shall be unlawful for
any person to deposit or discharge into the sanitary sewer any liquid
or solid waste, including trucked or hauled wastes, unless such deposit
or discharge has been approved by the authority.
(d)
Specific prohibited wastewater constituents.
No person
shall contribute or cause to be discharged directly or indirectly,
into any public sanitary sewer any of the following described substances,
materials, water or waste:
(1)
Temperature.
Any liquid or vapor having a temperature
higher than one hundred fifty degrees (150º F) Fahrenheit/sixty-five
degrees Centigrade (65º C);
(2)
Solidifying substance.
Any water or waste which contains
wax, grease, oil, petroleum oil, nonbiodegradable cutting oil, products
of mineral oil origin, plastic or other substances that will solidify
or become discernibly viscous at temperatures between thirty-two degrees
(32º) to one hundred fifty degrees (150º F) Fahrenheit,
thereby contributing to the clogging, plugging or otherwise restricting
the flow of wastewater through the collection system;
(3)
Explosive.
Pollutants which create a fire or explosion
hazard in the sewer system or POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees
Fahrenheit (140° F)/60 degrees Centigrade (60° C) using the
test methods specified in 40 CFR part 261.21. This includes flammable
or explosive liquids, solids or gases such as gasoline, kerosene,
benzene, naphtha, etc., which by reason of their chemical properties
or quantity may be sufficient, either alone or by interaction, to
cause fire or explosion;
(4)
Obstruction.
Solid or viscous substances in quantities
capable of causing obstruction in the flow in sewers or other interference
with proper operation of the POTW, such as, but not limited to, ashes,
cinders, asphalt, concrete, cement, 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, or bulk solids;
(5)
Garbage.
Any garbage that has not been properly comminuted
or shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with
no particle greater than one-half (1/2) inch in any dimension;
(6)
Gases.
Any noxious or malodorous liquids, gases, solids,
or other wastewater which, either singly or by interaction with other
wastes, are sufficient to create a public nuisance or a hazard to
life, or to prevent entry into the sewers for maintenance and repair;
(7)
Sludge.
Any substance which may cause the POTW’s
effluent or treatment residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process
as determined pursuant to criteria in this division. In no case, shall
a substance discharged to the POTW cause the POTW to be in noncompliance
with sludge use or disposal criteria, guidelines or regulations developed
under section 405 of the act or any criteria, guidelines or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Resource Conservation and Recovery Act, the Clean
Air Act, the Toxic Substances Control Act, or state standards applicable
to the sludge management method being used;
(8)
TPDES.
Any substance which will cause the POTW to violate
its TPDES or other disposal system permits, or the receiving stream
water quality standards;
(9)
Objectionable color.
Any substance with objectionable
color which cannot be removed by the treatment process, such as, but
not limited to, dye wastes and vegetable tanning solutions;
(10)
Slugload.
Any dump or slugload;
(11)
Hazard to human life.
Any wastewater which causes a
hazard to human life or creates a public nuisance;
(12)
Toxicity test.
Wastewater causing, alone or in conjunction
with other sources, the treatment plant’s effluent to fail a
toxicity test;
(13)
Swimming pool.
Swimming pool drainage from private residential
pools may not be discharged to the sanitary sewer system. Swimming
pool drainage from public and semipublic swimming pools may be discharged
to the POTW with the prior consent of the authority. Swimming pool
filter backwash may be discharged to the POTW;
(14)
Detergents.
Detergents, surface-active agents, or other
substances which may cause excessive foaming in the POTW;
(15)
Medical waste.
Medical wastes, except as specifically
authorized by the authority in a wastewater discharge permit;
(16)
Pollutants.
Pollutants which result in the presence
of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;
(17)
Interference.
Any pollutant, including oxygen-demanding
pollutants (BOD, etc.) released in a discharge at a flow rate and/or
pollutant concentration which, either singly or by interaction with
other pollutants, will cause Interference with the POTW;
(18)
Oils.
Petroleum oil, nonbiodegradable cutting oil, or
product of mineral oil origin in amounts that will cause interference
or pass through;
(19)
Trucked or hauled pollutants.
Trucked or hauled pollutants, except at discharge points designated by the authority in accordance with subsection (c) of this section;
(20)
Oil and grease.
(A)
Petroleum oil, nonbiodegradable cutting oil, or nonpolar products
of mineral oil origin in concentrations greater than 200 mg/l;
(B)
Visible free floatable polar oils, fats, or grease or a concentration
greater than 250 mg/l in wastewater discharged from industrial or
commercial facilities into the POTW;
(C)
In no case shall discharges in amounts that cause interference
or operational problems with the POTW be allowed; or
(21)
BTEX.
BTEX concentration greater than 1.0 mg/l;
(22)
Gases.
Hydrogen sulfide, sulfur dioxide or nitrous oxide
in excess of 10 parts per million;
(23)
Radioactive.
Radioactive wastes or isotopes with a half-life
or concentration exceeding limits established by the authority in
compliance with applicable state or federal regulations;
(24)
Toxics.
Toxic pollutants in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere
with any wastewater treatment process, constitute a hazard to humans
or animals, or to pass through the treatment plant and impair aquatic
life in receiving water, as expressed by the results of acute or chronic
toxicity tests of the POTW effluent;
(25)
Temperature.
A temperature which inhibits or interferes
with biological activity in the POTW treatment plant. In no case shall
wastewater be introduced which would have a temperature exceeding
one hundred four degrees Fahrenheit (104° F)/forty degrees Centigrade
(40° C) upon entering the POTW treatment plant;
(26)
Categorical.
Pollutants in excess of the limitations
established in an applicable categorical pretreatment standard set
forth in title 40 of the Code of Federal Regulations;
(27)
Explosive.
Wastewaters which emanate vapors causing
the atmosphere in the sewer system to exceed twenty percent (20%)
of the lower explosive limit in the immediate area of the discharge.
(e)
Wastewater limitations.
No person shall contribute or
cause to be discharged, directly or indirectly, into any sanitary
sewer any wastewater containing or having:
(1)
Acids or alkalis.
Acids or alkalis capable of causing
damage to sewage disposal structures or personnel or having a pH value
lower than 5.0 or higher than 12.0.
(2)
Metals.
Metals in the form of compounds or elements
with total concentrations exceeding the following:
|
Parameter
|
Maximum Allowable Discharge Limit
(mg/l)
|
|---|---|
|
Arsenic
|
0.25
|
|
Cadmium
|
0.15
|
|
Chromium
|
5.0
|
|
Copper
|
4.0
|
|
Lead
|
2.9
|
|
Mercury
|
0.01
|
|
Nickel
|
2.0
|
|
Silver
|
1.0
|
|
Zinc
|
5.0
|
(3)
Cyanide.
Cyanide or cyanogen compounds (expressed as
total CN) in excess of 1.0 mg/l.
(4)
Best management practices.
The director may develop best management practices (BMP), by ordinance or in individual wastewater discharge permits to help implement local limits and other pretreatment standards and the requirements of subsection (d) of this section.
(5)
A person commits an offense if with criminal negligence the person
processes or stores pollutants, substances, or wastewater prohibited
by this section in such a manner that they could be discharged to
the POTW.
(f)
Accidental discharge/control plan.
At the time of SIU
determination, or at least by the first year, the authority shall
evaluate whether each significant industrial user needs an accidental
discharge/slug control plan or other action to control slug discharges
at the time of SIU determination. The authority may require any user
to develop, submit for approval, and implement such a plan, or take
such other action that may be necessary to control slug discharges.
All the activities associated with slug control evaluation and results
are to be kept in the industrial user file. Alternatively, the authority
may develop such a plan for any user. An accidental discharge/slug
control plan shall address, at a minimum, the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the authority of any accidental or slug discharge, as required by section 13.09.034(b)(2) of this division; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, building of containment structures or equipment, measures
for containing toxic organic pollutants, including solvents, and/or
measures and equipment for emergency response.
(Ordinance 911-2011 adopted –/–/11)
(a)
Compliance with standards.
(1)
Applicable laws.
All dischargers shall be subject to
those federal, state, and local requirements and limitations which
are the most stringent.
(2)
Dilution.
No discharger shall increase the use of potable
or process water in any way for the purpose of diluting a discharge
as a partial or complete substitute for adequate treatment to achieve
compliance with the standards set forth in this division.
(3)
Mass limitations.
Where deemed appropriate the authority
may apply mass limitation expressed in pounds per day of pollutant
discharged.
(4)
Categorical pretreatment standards.
(A)
Where a categorical pretreatment standard is expressed only in terms
of either the mass or the concentration of a pollutant in wastewater,
the authority may impose equivalent concentration or mass limits in
accordance with 40 CFR 403.6(c).
(B)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, director
shall impose an alternate limit using the combined wastestream formula
in 40 CFR 403.6(e).
(C)
A user may obtain a variance from a categorical pretreatment standard
if the user can prove, pursuant to the procedural and substantive
provisions in 40 CFR 403.13, that factors relating to its discharge
are fundamentally different from the factors considered by EPA when
developing the categorical pretreatment standard.
(D)
A user may obtain a net gross adjustment to a categorical standard
in accordance with 40 CFR 403.25.
(b)
Accidental discharge.
(1)
Each discharger shall provide protection from accidental discharge
of prohibited or regulated materials or substances established by
this division. Where necessary, facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the discharger’s
cost and expense. When applicable, detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the authority for review, and shall be approved by the authority
before construction of the facility. Review and approval of such plans
and operating procedures by the authority shall not relieve the discharger
from the responsibility to modify its facility as necessary to meet
the requirements of this division.
(2)
Dischargers shall telephone and notify the authority immediately
upon the occurrence of a slug or accidental discharge of substances
prohibited by this division. The notification shall include location
of discharge, date and time thereof, type of waste, concentration
and volume, and corrective actions taken. Any discharger discharging
slugs of prohibited materials shall be liable for any expense, loss
or damage to the wastewater system and the POTW, in addition to the
amount of any fines imposed by the authority under state or federal
law.
(3)
Within five (5) days following such discharge, the user shall, unless
waived by the director, submit to the director a detailed written
report, signed by the discharger’s authorized representative,
which specifies:
(A)
A description and cause of the discharge, including location of the
discharge, type, concentration, and volume of water;
(B)
Duration of noncompliance including exact dates and times of noncompliance
and, if the noncompliance is continuing, an immediate response to
cause the noncompliant discharge to cease; and
(C)
All steps taken or to be taken to reduce, eliminate, and prevent
continuation or recurrence of such an upset, slug load, or accidental
discharge, spill, or other conditions of noncompliance.
(4)
Each employer shall instruct all applicable employees, who may cause
or discover such a discharge, with respect to emergency notification
procedure including the proper telephone number of the authority to
be notified. A notice shall be permanently posted on the user’s
bulletin board or other prominent place advising employees who to
call in the event of a discharge described in this subsection.
(c)
Wastewater discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this division including section 13.09.035; provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority’s personnel to enter onto the owner’s property for purposes of inspection and monitoring of discharger’s premises, and for enforcement pursuant to the terms of this division.
(d)
Prohibition of bypass.
(1)
Bypass.
Bypass of a discharger’s treatment equipment
or treatment facility is prohibited and the authority may take enforcement
action against the discharger unless:
(A)
The 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 use of
auxiliary treatment facilities, retention of untreated wastewater,
or maintenance during normal periods of downtime. This condition is
not satisfied if, in the exercise of reasonable engineering judgment,
adequate backup equipment should have been installed to prevent a
bypass which occurred during normal periods of equipment downtime
or maintenance; and
(C)
The discharger submitted advanced, written notice of the need for
a bypass.
(2)
The discharger shall submit oral notice to the authority of an unanticipated
bypass that exceeds categorical standards or other discharge limits
within 24 hours of the time the discharger becomes aware of the bypass.
Written notice shall be provided within 5 days of the time the discharger
becomes aware of the bypass. The written notice shall include a description
of the bypass and its causes, duration of the bypass, steps taken
to prevent the reoccurrence of the bypass, and must be signed by the
authorized representative of the discharger.
(e)
Notification of hazardous waste discharges.
All dischargers
shall notify the authority, the control authority, the EPA’s
regional waste management division director, and the approval authority
in writing of any discharge into a wastewater system or POTW of any
substance, which, if otherwise disposed of, would be a hazardous waste
under 40 CFR part 261. Any notification under this subsection must
be submitted in conformance with 40 CFR part 403.12(p).
(Ordinance 911-2011 adopted –/–/11)
(a)
Classification of dischargers and permits.
(1)
All nondomestic users which discharge into the sanitary sewer system
of the authority shall be grouped according to the following definitions:
(B)
Group II.
Commercial facilities and nonsignificant
industrial users (NSIU) are those commercial facilities and industrial
users which are not included in group I and which do not discharge
a significant amount of regulated pollutants on a regular basis. Examples
include automotive service shops, small food processors and photographic
developing shops.
(C)
Group III.
Classed high strength users are restaurants,
carwashes or other businesses which can be classed according to an
average strength or abnormal strength of their wastewater.
(D)
Group IV.
Wastewater haulers are transporters
of wastewater desiring to discharge into the authority’s sanitary
sewage system.
(E)
Group V.
Groundwater remediation dischargers.
Dischargers who are retrieving contaminated underground water, pretreating
such water, and then discharging into the POTW.
(F)
Group VI.
Nonsignificant categorical industrial
user (NSCIU). Facility that never discharges categorical wastewater
even though categorical process(es) are located on site.
(2)
Any user required to obtain a wastewater discharge permit, who proposes
to begin or recommence discharging into the POTW, shall obtain such
permit prior to beginning or recommencing such discharge. For group
I, significant industrial users, an application shall be filed with
the director at least ninety (90) days prior to the date upon which
any discharge will begin or recommence. Nonsignificant categorical
industrial users (NSCIU) and nonsignificant industrial users (NSIU)
shall be required to submit applications at dates specified by the
director. Incomplete or inaccurate applications will not be processed
and will be returned to the user for revision. The application shall
contain:
(B)
Description of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used
or stored at the facility which are, or could accidentally or intentionally
be, discharged into the POTW;
(C)
Number and type of employee, hours of operation, and proposed or
actual hours of operation;
(D)
Each product produced by type, amount, process or processes, and
rate of production;
(E)
Type and amount of raw materials processed (average and maximum per
day);
(F)
Site plans, floor plans, mechanical and plumbing plans, and details
to show all sewers, floor drains, and appurtenances by size, location,
and elevation, and all points of discharge;
(G)
Time and duration of discharge; and
(H)
Any other information as may be deemed necessary by the authority
to evaluate the wastewater discharge permit application.
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All group II, III and IV dischargers shall submit an industrial
waste questionnaire. The questionnaire will be reviewed by the public
works utility superintendent or authorized representative. If deemed
necessary, group II, III or IV dischargers may also be required to
obtain a permit as outlined herein.
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(3)
No new group I, IV, V or VI users shall be allowed to discharge until
issued a valid permit.
(4)
The authority will evaluate the completed applications and data furnished
by the discharger and may require additional information. If, after
evaluation, the application is deemed satisfactory, then a wastewater
discharge permit shall be issued within 60 days after the evaluation
is complete. The wastewater discharge permit shall be subject to the
terms and conditions specified herein and to the regulations of the
authority.
(5)
If the application is denied, the applicant shall be notified in
writing within 30 days of the reasons for such denial. If denial is
based on the authority’s determination that the applicant cannot
meet the wastewater discharge limitations of this division, the authority
may specify that the applicant be required to provide pretreatment
of the waste before it is deemed acceptable for sewer discharge.
(6)
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this division, pursuant to subsection (a)(5) of this section, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
(A)
The schedule shall contain milestone dates for the commencement and
completion of major events leading to the construction and operation
of additional pretreatment required for the discharger to comply with
the requirements of this division including, but not limited to dates
relating to hiring an engineer, completing preliminary plans, completing
final plans, executing contract(s) for major components, commencing
construction, completing construction, and all other acts necessary
to achieve compliance with this division.
(B)
The time increments established between milestone dates shall be
the shortest practicable for the completion of the required work.
Under no circumstances shall the authority permit a time increment
for a single step in the compliance schedule to exceed 9 months. The
completion date in this schedule shall not be later than the compliance
date established for applicable categorical pretreatment standards.
(C)
Not later than 14 days following each milestone date in the schedule
and the final date for compliance, the discharger shall submit a progress
report to the authority, including a statement as to whether or not
it complied with the increment of progress represented by that milestone
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 discharger to return the construction to the approved schedule.
In no event shall more than 9 months elapse between such progress
reports to the authority.
(7)
Prior to the approval of a permit, unless exempted by the authority,
all dischargers shall provide monitoring facilities to allow inspection,
sampling and/or flow measurement of wastewaters before entering the
sanitary sewer of the authority. Each monitoring facility shall be
located on the discharger’s premises; provided, however, where
such location would be impractical or cause undue hardship to the
discharger, the authority may approve the placement of monitoring
facilities in the public street or sidewalk area. All monitoring equipment
and facilities shall be maintained in a safe and proper operating
condition at the expense of the discharger. Failure to provide proper
monitoring facilities shall be grounds for denial of a permit.
(b)
Permit conditions.
Permits are issued to a specific
discharger for specific operations and are not assignable to another
discharger or transferable to any other location without the prior
written approval of the authority.
(1)
Wastewater discharge permit transfer may be transferred to a new
owner or operator only if the permittee gives at least ninety (90)
days’ advance notice to the authority and the authority approves
the wastewater discharge permit transfer. The notice to the authority
must include a written certification by the new owner or operator
which:
(A)
States that the new owner and/or operator has no immediate intent
to change the facility’s operations and process;
(B)
Identifies the specific date on which the transfer is to occur; and
(C)
Acknowledges full responsibility for complying with the existing
wastewater discharge permit.
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Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as the date of facility transfer.
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(2)
Wastewater discharge permit requirements:
(A)
A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years;
(B)
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with subsection (b)(1) of this section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(C)
Effluent limits and best management practices based on applicable
general pretreatment standards as set forth in CFR part 403, categorical
pretreatment standards, local limits, and state and local law;
(D)
Self-monitoring, sampling, reporting, notification, and recordkeeping
requirements. These requirements shall include an identification of
pollutants (or best management practices) to be monitored, sampling
location, sampling frequency, and sample type based on federal, state,
and local law;
(E)
Requirements to control slug discharge, if determined by the director
to be necessary; and
(F)
Permits shall contain a statement of the civil and criminal penalties
for violation of pretreatment standards and requirements and any applicable
compliance schedule. Such schedule may not extend the time for compliance
beyond that required by federal, state, and local law.
(3)
Wastewater discharge permits may contain, but need not be limited
to, the following conditions:
(A)
Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization;
(B)
Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into
the treatment works;
(C)
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;
(D)
Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW, the unit charge or
schedule of user charges and fees for the management of the wastewater
discharge to the POTW;
(E)
The unit charge of schedule of user charges and fees for management
of the wastewater discharge to the POTW;
(F)
Requirements for installation and maintenance of inspection and sampling
facilities and equipment;
(G)
A statement that compliance with the 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 wastewater discharge
permit; and
(H)
Other conditions as deemed appropriate by the authority to ensure
compliance with this division, and state and federal laws, rules,
and regulations.
(c)
Reporting requirements for dischargers.
(1)
Baseline report.
Within 180 days following the date
for final compliance by the discharger with applicable categorical
pretreatment standards, or 90 days following the commencement of the
introduction of wastewater into the POTW by a new discharger, any
discharger subject to a categorical pretreatment standard shall submit
to the authority a report (in a form provided by the authority and
meeting the requirements of 40 CFR part 403.12(b)), indicating the
nature and concentration of all prohibited or regulated substances
contained in its discharge, and the average and maximum daily flow
in gallons. The report shall state whether the applicable categorical
pretreatment standards are being met on a consistent basis and, if
not, what additional O&M or pretreatment or best management practices
is necessary to bring the discharger into compliance with the applicable
categorical pretreatment standards. The report shall also contain:
(A)
Identifying information.
The name and address
of the facility, including the name of the operator and owner.
(B)
Environmental permits.
A list of any environmental
control permits held by or for the facility.
(C)
Description of operations.
A brief description
of nature, average rate of production, standard industrial classifications
of the operation(s) carried out by such user. This description should
include a schematic process diagram which indicates points of discharge
to the POTW from the regulated processes.
(D)
Flow measurement.
Information showing the measured
average daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary, to
allow use of the combined wastestream formula set out in 40 CFR 403.6(e).
(E)
Measurement of pollutants.
(i)
The categorical pretreatment standards applicable to each regulated
process.
(ii)
The result of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
authority, of regulated pollutants in the discharge from each regulated
process. Instantaneous, daily maximum, and long-term average concentrations,
or mass, where required, shall be reported. The sample shall be representative
of daily operations and shall be analyzed in accordance with procedures
set out in this section. In cases where the standard requires compliance
with a best management practice or pollution prevention alternative,
the user shall submit documentation as required by the city or the
applicable standards to determine compliance with the standard.
(iii)
Sampling must be performed in accordance with procedures set out in subsection (c)(4) of this section.
(iv)
The user shall take a minimum of one representative sample to
compile the data necessary to comply with the requirements of this
paragraph. However, the city may allow the submission of a baseline
report which utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial pretreatment
measures. Historical data that can represent the current discharge
only can be accepted as a baseline report.
(v)
The baseline report shall indicate the time, date and place
of sampling and methods of analysis, and shall certify that such sampling
and analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(F)
Certification.
A statement, reviewed by the user’s
authorized representative and certified 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 to meet the pretreatment
standards and requirements.
(G)
Compliance schedule.
If additional pretreatment,
best management practices (BMP) and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the
user will provide such additional pretreatment and/or O&M must
be provided. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this division must meet
the requirements set out in this section.
(H)
Signature and certification.
All baseline monitoring
reports shall be signed by an authorized representative and certified
by a qualified professional as stated in 40 CFR part 403.12(b)(6).
(2)
90-day compliance report.
Within 90 days following the
date for final compliance by the discharger with applicable categorical
pretreatment standards or 90 days following commencement of the introduction
of wastewater into the POTW by a new discharger, any discharger subject
to categorical pretreatment standards shall submit to the authority
a report (on a form provided by the authority and meeting the requirements
of 40 CFR part 403.12(b)), indicating the nature and concentration
of all prohibited or regulated substances contained in its discharge,
and the average and maximum daily flow in gallons, and BMP. The report
shall state whether the applicable categorical pretreatment standards
or requirements are being met on a consistent basis and, if not, what
additional O&M or pretreatment is necessary to bring the discharger
into compliance with the applicable categorical pretreatment standards
or requirements. This report shall be signed by an authorized representative
of the discharger.
(3)
Periodic compliance reports.
Any discharger subject
to a categorical pretreatment standard made a part of this division
shall submit to the authority a report indicating the nature and concentration
of prohibited or regulated substances in the effluent which are limited
by the categorical pretreatment standards hereof, including BMP. Reports
are required after the compliance date of such a pretreatment standard,
or in the case of a new discharger, after commencement of the discharge,
and are to be submitted at least once every six months (on dates specified
by the authority). In addition, where applicable, this report shall
include a record of all measured or estimated average and maximum
daily flows which, during the reporting period, exceeded the average
daily flow specified in this section. Flows shall be reported on the
basis of actual measurement, provided however, where cost or feasibility
considerations justify, the authority may accept reports of average
and maximum flows estimated by verifiable techniques. The authority,
taking into consideration extenuating factors, may authorize the submission
of said reports on months other than those specified above.
(A)
In cases where the pretreatment standard requires compliance with
a best management practice (BMP) or pollution prevention alternative,
the user must submit documentation required by city or the pretreatment
standard necessary to determine the compliance status of the user,
and contributing information as is determined necessary to account
for water usage, materials recovery, or disposal practices; and contributing
information as is determined necessary to account for water usage,
materials recovery, or disposal practices.
(B)
All nonsignificant categorical industrial user (NSCIU) shall submit
a report annually in the month specified by the director. The report
shall be completed according to the city’s current reporting
requirements, including the submittal of any applicable certification
statements.
(C)
If the director has determined that a nonsignificant industrial user
(NSIU) needs a permit, then the NSIU shall submit a report annually
in the month specified by the director. The report shall be completed
according to the city’s current reporting requirements, including
the submittal of any applicable certification statements and data
obtained through appropriate sampling and analysis performed during
the period covered by the report which data is representative of conditions
occurring during the reporting period.
(D)
All periodic compliance reports shall be signed and certified in accordance with subsection (c)(9) of this section.
(E)
All wastewater samples shall be representative of the 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 a user to keep its monitoring equipment
in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge.
(F)
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the director, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring, including chain-of-custody forms, shall be included in the report.
(4)
Analysis and sampling procedures.
(A)
All analyses shall be performed in accordance with procedures contained
in 40 CFR part 136 and amendments thereto or with any other test procedures
approved by the administrator of the EPA. Sampling shall be performed
in accordance with the techniques approved by EPA. Nondetectable sample
results may be used only as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR part 136 with the lowest
minimum detection level for that pollutant was used in the analysis.
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Where 40 CFR part 136 does not include sampling or analytical
techniques for the pollutants in question, or where EPA determines
that the part 136 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 POTW or other parties, approved
by EPA.
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(B)
Sample collection.
(i)
Except as indicated in subsections (ii) and (iii) of this subsection,
the user must collect wastewater samples using 24-hour flow proportional
composite collection techniques. In the event flow proportional sampling
is infeasible, the authority may authorize the use of time proportional
sampling or a minimum of four (4) grab samples where the user demonstrates
that this will provide a representative sample of the effluent being
discharged. Using protocols (including appropriate preservation) specified
in 40 CFR part 136 and appropriate EPA guidance, multiple grab samples
collected during a 24-hour period may be composited prior to the analysis
as follows: for cyanide, total phenols, and sulfides the samples may
be composited in the laboratory or in the field; for volatile organics
and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing
procedures as documented in approved EPA methodologies may be authorized
by the city, as appropriate. In addition, grab samples may be required
to show compliance with instantaneous discharge limits.
(ii)
Samples for oil and grease, temperature, pH, cyanide, phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques.
(iii)
For sampling required in support of baseline monitoring and 90-day compliance reports required in subsections (c)(1) and (2) of this section; 40 CFR 403.12(b) and (d), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city superintendent may authorize a lower minimum.
(5)
Reporting additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in subsection (c)(4) of this section, the results of this monitoring along with chain-of-custody forms shall be included in the report.
(6)
Significant noncategorical industrial user reporting.
Significant noncategorical industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. 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 subsection (c)(4) of this section. This sampling and analysis may be performed by the authority in lieu of the significant noncategorical industrial user.
(7)
Notification of changed discharge.
Dischargers shall
give prior written notification to the authority and City of Fort
Worth of any potential or actual significant changes in the volume
or character of pollutants in the discharge and any changes at its
facility that affect the potential for a slug discharge.
(A)
The notification to the authority shall be received at least ninety
(90) days prior to change.
(B)
The authority may require the user to submit such information as
may be deemed necessary to evaluate the changed condition, including
the submission of a wastewater discharge permit application.
(C)
The authority may issue a wastewater discharge permit or modify an
existing wastewater discharge permit in response to changed conditions
or anticipated changed conditions.
(D)
For purposes of this requirement, significant changes include, but
are not limited to, flow increases or decreases of twenty percent
(20%) or greater, the discharge of any previously unreported pollutants,
and the deletion of any pollutant regulated by this division or a
permit issued pursuant to this division.
(8)
Authority monitoring.
Sampling and analysis for the reports required by subsections (c)(1), (2), (3) and (6) of this section, may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will be required to submit the report or certifications.
(9)
Signatory requirements.
All applications and compliance
reports submitted to the authority must contain the following certification
statement and be signed by the authorized representative:
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“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 and for not reporting known violations,
including possibility of fine and imprisonment.”
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Annual certification for nonsignificant categorical industrial users - A facility determined to be a nonsignificant categorical industrial user by the director pursuant to section 13.09.031 and subsection (a)(1) of this section must annually submit the following certification statement signed in accordance with the signatory requirements in (40 CFR 403.120(l)). This certification must accompany an alternative report required by the director:
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Based on my inquiry of the person or persons directly responsible
for managing compliance with the categorical pretreatment standards
under 40 CFR ______, I certify that, to the best of my knowledge and
belief that during the period from ______, ______to ______, ______(months,
days, year):
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(A)
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(B)
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The facility complied with all applicable pretreatment standards
and requirements during this reporting period; and
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(C)
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The facility never discharged categorical process wastewater
on any given day during this reporting period.
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This compliance certification is based on the following information:
____________________________________________
____________________________________________
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(10)
Wastewater analysis.
When requested by the authority,
a user must submit information on the nature and characteristics of
its wastewater within thirty (30) days of the request. The authority
is authorized to prepare a form for this purpose and may periodically
require users to update this information.
(d)
Inspection and flow measurement.
(1)
Inspection.
At least once a year, the director shall
inspect and sample each significant industrial user (SIU, NSCIU and
NSIU). However, the director may inspect and sample each SIU as frequently
as needed during the pretreatment year. The director shall evaluate
whether each SIU needs a plan to control slug discharges at the time
of SIU determination, or at least by the first year. This assessment
shall be documented as part of the records.
(A)
The authority may inspect the facilities of any discharger to determine
compliance with the requirements of this division. The discharger
shall allow the authority or its representatives to enter upon the
premises of the discharger at all reasonable hours for the purposes
of inspection, sampling, or examination of records. All reports and
records related to the provisions of this division shall be made available
for copying and inspection by the authority. The discharger shall
provide ample room in or near the monitoring facility to allow accurate
sampling and preparation of samples and analysis and whether constructed
on public or private property, the monitoring facilities should be
provided in accordance with the city’s requirements and all
applicable local construction standards and specifications, and such
facilities shall be constructed and maintained in such manner so as
to enable the city to perform independent monitoring activities. The
authority shall have the right to set upon the discharger’s
property such devices as are necessary to conduct sampling, inspection,
compliance monitoring and metering or measuring operations. The inspectors,
agents or representatives of the authority charged with the enforcement
of this division shall be deemed to be performing a governmental function
for the benefit and health and welfare of the general public and neither
the authority nor any individual inspector, agent or representative
shall be held liable for any loss or damage, whether real or asserted,
caused or alleged to have been caused as a result of the performance
of such governmental function. The failure or refusal of such owner
or discharger to comply with this provision shall be grounds for the
disconnection of water or sewer service to the facility. If entry
is denied or a person in control cannot be located, the director shall
have every recourse provided by law to secure entry. Such recourse
shall include the right to obtain a search warrant under the guidelines
of the Texas Code of Criminal Procedure; and for the purposes of same,
any person with enforcement authority under this chapter is hereby
declared to be a “health officer.”
(B)
Facilities regulated under this division are subject to the authority
of the following agencies concerning access to information and right
of entry onto property for purposes of implementing and enforcing
federal and state pretreatment programs and other applicable law:
(i)
The EPA under section 308 of the Federal Clean Water Act (33
U.S.C. section 3318), as amended; and
(ii)
The state commission on environmental quality (TCEQ) under sections
26.014 and 26.015 of the Texas Water Code, as amended, and sections
361.032 and 361.037 of the Texas Health and Safety Code, as amended,
[and other applicable] provisions of the Texas Water Code and Texas
Health Safety Code.
(C)
The industrial waste discharged or deposited into the sanitary sewers
shall be subject to periodic inspection and sampling as often as may
be deemed necessary by the authority. Samples shall be collected in
such manner as to be representative of the character and concentration
of the waste under operational conditions. The laboratory methods
used in the examination of said waste shall be those set forth in
40 CFR part 136. The determination of the character and concentration
of industrial waste shall be made at such times and on such schedules
as may be established by the authority. Should a discharger desire
a determination of the quality of such industrial waste be made at
some time other than that scheduled by the authority, such special
determination may be made by the authority at the expense of the owner
or discharger.
(D)
The authority shall conduct surveillance activities in order to identify,
independent of information supplied by industrial users, occasional
and continuing noncompliance with pretreatment standards. The authority
shall inspect and sample the effluent from each significant industrial
user at least once a year. The result of such activities shall be
available to the approval authority upon request.
(2)
NOV/repeat sampling and reporting.
If sampling performed
by an industrial user indicates a violation, the user shall notify
the authority within 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 control authority within 30
days after becoming aware of the violation, except the industrial
user is not required to resample if:
(3)
Measurement of flow.
The volume of flow used in computing
sewage charges shall be based upon metered water consumption or discharge
as shown in the records of meter readings maintained by the city’s
water department.
(A)
Where it can be shown to the satisfaction of the director that a
substantial portion of the metered water does not enter the sanitary
sewer, the director may require or permit the installation of additional
approved meters at the owner’s expense, to measure the quantity
of water actually entering the sewer system. If approved by the director,
the measured quantity of water actually entering the sewer system
will be used to determine the sewer service charge.
(B)
Any discharger who procures all or part of its water supply from
sources other than the city’s water department, all or part
of which is subsequently discharged into the sanitary sewer, shall
install and maintain at its expense an effluent meter or flow-measuring
device approved by the director for the purpose of determining the
proper volume of flow to be used in computing sewer service charges.
Such meters or measuring devices shall be read monthly.
(C)
If the director determines that it is not practicable to measure
the quantity or quality of waste by the aforesaid meters or monitoring
devices, the quantity or quality of the waste shall be determined
in any manner or method the director may find practicable in order
to arrive at the percentage of water entering the sanitary sewage
system of the authority and/or the quality of the sewage to be used
to determine the sewer service charge.
(e)
Permit modifications.
(1)
The authority reserves the right to amend any permit issued hereunder
in order to assure compliance by the authority with applicable laws
and regulations. The authority may amend any permit for good cause
including, but not limited to the following:
(A)
To incorporate any new or revised federal, state, or local pretreatment
standards or requirements.
(B)
Material or substantial alterations or additions to the discharger’s
operation processes, or discharge volume or character which were not
considered in drafting the effective permit.
(C)
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.
(D)
Information indicating that the permitted discharge poses a threat
to the authority’s collection and treatment systems, POTW personnel
or the receiving waters.
(E)
Violation of any terms or conditions of the permit.
(F)
Misrepresentation or failure to disclose fully all relevant facts
in the permit application or in any required reporting.
(G)
To correct typographical or other errors in the permit.
(H)
To reflect transfer of the facility ownership and/or operation to
a new owner/operator.
(I)
Upon request of the permittee, provided such request does not create
a violation of any applicable requirements, standards, laws, or rules
and regulations.
(J)
To incorporate, revise, or revoke new or existing best management
practices.
(2)
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this division (Ordinance 911-2011) shall automatically become a part of this division. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection (a)(2) of this section, the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by subsection (c)(1) of this section. The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(f)
Confidential information.
(1)
Generally.
All information and data submitted by a discharger
to the authority or POTW may be submitted to any state or federal
agency governing the POTW. Such information shall be considered subject
to public disclosure, provided, however, that the discharger may request
that information not be subject to public disclosure, in accordance
with 40 CFR part 2 as follows:
(A)
A discharger may assert a business confidentiality claim covering
part or all of the information in a manner described below, and that
information covered by such a claim will be disclosed only by means
of the procedures set forth below.
(B)
If no claim of business confidentiality is asserted, all information
will be subject to public disclosure without further notice to the
discharger.
(2)
Asserting business confidentiality claim.
A discharger
which is submitting information to the authority may assert a business
confidentiality claim covering the information by placing on or attaching
to the information, at the time it is submitted to the authority,
a cover sheet, stamped or typed legend, or other suitable form of
notice employing language such as “trade secret,” “proprietary,”
or “company confidential.” Allegedly confidential portions
of otherwise nonconfidential documents should be clearly identified
by the discharger, and may be submitted separately to facilitate identification
and handling by the authority. If the discharger desires confidential
treatment only until a certain date or until the occurrence of a certain
event, the notice should so state.
(3)
Public information.
Nothing in this division shall prevent
the disclosure of information and data regarding the nature and content
of a discharger’s effluent, and the frequency of discharge,
or a standard or limitation to be met by the discharger, and this
information shall be available to the public with no restrictions.
Effluent data which cannot be held as confidential is as defined in
40 CFR 2.302.
(4)
Applicability of state law.
The provisions of this subsection
shall be subject to any public disclosure requirements which may exist
under the Texas Public Information Act, chapter 552 of the Texas Government
Code, as amended.
(g)
Wastewater discharge permit reissuance.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with subsection (a)(2) of this section, a minimum of ninety (90) days prior to the expiration of the user’s existing wastewater discharge permit.
(Ordinance 911-2011 adopted –/–/11)
(a)
Nonemergency termination.
(1)
A user who violates the following conditions is subject to the termination
of its city-provided water supply and/or its discharge:
(A)
Violation of wastewater discharge permit conditions;
(B)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(C)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(D)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling;
(E)
Violation of the pretreatment standards of this division;
(F)
Pay sewer charges;
(G)
Meet compliance schedules;
(H)
Fulfill the conditions of its permit, or this division, or to obey
any final judicial order with respect thereto;
(I)
Failure to meet effluent limitations; including best management practices,
based on applicable pretreatment standards; or
(J)
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan, or other
documentation filed, or required to be maintained, pursuant to this
division, individual wastewater discharge permit.
(b)
Notice of violation.
(1)
Whenever the authority finds that any discharger has engaged in conduct which justifies nonemergency termination of water supply, pursuant to subsection (a) of this section, the authority shall serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. The user may petition for a reconsideration and hearing.
(2)
Within 30 days of the date of receipt of the notice, the discharger
shall respond in writing to the authority, advising of its position
with respect to the allegations, including an explanation of the violation
and a plan for the satisfactory correction and prevention of a reoccurrence
of the violation. Such plan shall include specific actions to be taken
by the violator. Thereafter, the parties shall meet to ascertain the
veracity of the allegations and where necessary, establish a plan
for the satisfactory correction thereof.
(3)
The user shall not recommence its discharge, nor shall it be reissued
a permit, until the director so authorizes, and:
(A)
The user presents proof satisfactory to the director that the noncomplying
discharge has ceased;
(B)
The user presents proof satisfactory to the director that the conditions
creating the threat of imminent and substantial danger have been eliminated;
(C)
The user pays the city for all costs the city will incur in reinstating
services.
(4)
Exercise of the authority by the director under this subsection shall
not be a bar to, nor a prerequisite for, taking any other action against
the user.
(c)
Administrative orders.
Where the violation of subsection (a) of this section is not corrected by means of enforcement action listed in subsection (b) of this section, the following enforcement escalations may be used. Terms may or may not be negotiated with industrial users.
(2)
Show cause order.
An order which directs the user to
appear before the city to explain its noncompliance and show cause
why more severe enforcement actions against the user should not be
levied. Typically used after informal contacts or NOV’s have
failed to resolve noncompliance; however, it can be used at any time.
(3)
Compliance order.
An order which directs the industrial
user to achieve or restore compliance by a date specified in the order.
Terms need not be discussed with the industry in advance. Typically
used when noncompliance cannot be resolved without construction, repair,
or process changes, or to require development of management practices,
spill prevention programs, and other pretreatment program requirements.
(d)
Right of appeal of administrative ruling.
Any discharger
or any interested party shall have the right to request in writing
an interpretation or ruling by the authority on any matter covered
by this division and shall be entitled to a prompt written reply.
In the event that such inquiry is by a discharger and deals with matters
of performance or compliance with this division or deals with a permit
issued pursuant hereto for which enforcement activity relating to
an alleged violation is the subject, receipt of a discharger’s
request shall stay all enforcement proceedings pending receipt of
the aforesaid written reply; provided, however, the authority may
take any action it deems necessary to protect its wastewater collection
and treatment system or to comply with its TPDES permit or to comply
with any contract the authority has for the treatment of wastewater.
(e)
Judicial proceedings.
The authority, with respect to
the conduct of any discharger contrary to the provisions of this division
may authorize its attorney to commence any legal action in a court
of competent jurisdiction for equitable and/or legal relief.
(1)
Injunctive relief.
When the authority finds that a user
has violated, or continues to violate, any provision of this division,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the authority may petition,
pursuant to chapter 54 [of the Texas Local Government Code], a district
court or other court of proper jurisdiction of the county through
its attorney for the issuance of a temporary or permanent injunction,
as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order, or other requirement imposed
by this division on activities of the user. The authority may also
seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental
remediation. A petition for injunction relief shall not be a bar against,
or a prerequisite for, taking any other action against a user.
(2)
Civil penalties.
The authority may also seek to recover
civil penalties of up to $5,000.00 per day pursuant to section 54.018
[54.017] of the Texas Local Government Code.
(3)
Criminal proceedings.
Notwithstanding any notice provisions
contained in this division, any person who violates, disobeys, omits,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this division commits an offense. The
person shall be fined not more than two thousand dollars ($2,000.00)
for each offense.
(f)
Emergency suspension of service and discharge permits.
(1)
The authority, may, for good cause shown, suspend water or wastewater
service to the discharger’s facility when it appears to the
authority that an actual or threatened discharge presents or may present
an imminent or substantial danger to the health or welfare of persons,
substantial danger to the environment, interfere with the operation
of a POTW, violate any pretreatment limits imposed by this division
or any permit issued pursuant to this division. Any discharger notified
of the suspension of the authority’s water or wastewater service
and/or the discharger’s permit, shall within a reasonable period
of time, as determined by the authority, cease all discharges. In
the event of the failure of the discharger to comply voluntarily with
the suspension order within the specified time, the authority may
commence judicial proceedings to compel the discharger’s compliance
with such order or may immediately disconnect such discharger’s
service line from the city water and sanitary sewer system. In the
case of emergency disconnection of service, the director shall make
a reasonable attempt to notify the owner or discharger before disconnecting
the service line. The party whose service has been disconnected shall
have an opportunity for a hearing on the issue of the illegal discharge
and the disconnection as soon as possible after such disconnection
has taken place.
(2)
The authority may reinstate the permit and/or the wastewater or water
service upon proof by the discharger of the cessation of the noncomplying
discharge or elimination of conditions creating the threat of imminent
or substantial danger as set forth above. The water and/or wastewater
service shall be reconnected at the discharger’s expense.
(g)
Affirmative defenses.
(1)
Affirmative defenses to discharge violations for action in municipal
or state court.
In an action brought in municipal or
state court, if a person can establish that an event that would otherwise
be a violation of this division or a permit issued under this division
was caused solely by an act of God, war, strike, riot, or other catastrophe,
the event is not a violation of this division or the permit. In an
enforcement proceeding, the user seeking to establish the occurrence
of an act of God, war, strike, riot, or other catastrophe shall have
the burden of proof. In the event that an act of God, war, strike,
riot, or other catastrophe has been established the user shall control
production of all discharges to the extent possible until such time
as the reduction, loss, or failure of its treatment facility is restored
or an alternative method of treatment is provided.
(2)
Affirmative defenses to upset.
In an action brought
in federal court, it is an affirmative defense to an enforcement action
brought for noncompliance with categorical pretreatment standards
that the noncompliance was caused by upset, if the user demonstrates,
through properly signed, contemporaneous operating logs, or other
relevant evidence that: An upset occurred and the user can identify
the cause(s) of the upset; the facility was at the time being operated
in a prudent and workmanlike manner and in compliance with applicable
operation and maintenance procedures; and any discharger who experiences
an upset in operations which places the discharger in a temporary
state of noncompliance with this division shall inform the authority
within 24 hours of first awareness of the commencement of the upset.
Where such information is given orally, the authority may at its discretion
require the discharger to file a written report within five working
days. The report shall specify:
(A)
Description of the upset, its cause and the upset’s impact
on a discharger’s compliance status.
(B)
Duration of noncompliance, including exact dates and times of noncompliance,
and if the noncompliance continues, the time by which compliance is
reasonably expected to occur.
(C)
All steps taken or to be taken to reduce, eliminate and prevent recurrence
of such an upset or other conditions of noncompliance.
(3)
Affirmative defenses to specific prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement action brought against a user for noncompliance with the general prohibitions of section 13.09.033(b) or a specific prohibition of section 13.09.033(d) that the user did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(A)
A local limit exists for each pollutant discharged and the user was
in compliance with each limit directly prior to, and during, the pass
through or interference; or
(B)
No local limit exists, but the discharge did not change substantially
in nature or constituents from the user’s prior discharge when
the city was regularly in compliance with its NPDES permit, and in
the case of interference, was in compliance with applicable sludge
use or disposal requirements.
(h)
Recovery of costs incurred by the authority.
Any discharger
who discharges or causes a discharge producing a deposit or obstruction,
or causes damage to or impairs the authority’s wastewater system,
shall be liable to the authority for any expense, loss, or damage
caused by such violation or discharge. The authority shall bill the
discharger for the costs incurred by the authority for any cleaning,
repair, or replacement work caused by the violation or discharge.
Failure to pay such bill may result in the termination of water or
wastewater service.
(i)
Falsifying information.
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division, shall, upon conviction, be punished as provided in subsection (e)(3) of this section.
(j)
POTW pretreatment requirements.
All POTW’s shall
be able to seek injunctive relief for noncompliance by industrial
users with pretreatment standards and requirements. All POTW’s
shall also have authority to seek or assess civil or criminal penalties
in at least the amount of $1,000.00 a day for each violation by industrial
users of pretreatment standards and requirements. POTW’s whose
approved pretreatment programs require modification to conform to
the requirements of this subsection shall submit a request for approval
of a program modification in accordance with 40 CFR section 403.18,
unless the state would be required to enact or amend a statutory provision,
in which case the POTW shall submit such a request.
(Ordinance 911-2011 adopted –/–/11)
(a)
Net/gross calculations.
the authority may elect to adjust
categorical pretreatment standards to reflect the presence of pollutants
in the discharger’s intake water, in accordance with 40 CFR
part 403.15.
(b)
Preservation of records.
All dischargers subject to
this division shall retain and preserve for no less than three (3)
years, any records, books, documents, memoranda, reports, correspondence,
documentation associated with best management practices and any and
all summaries thereof, relating to monitoring, sampling and chemical
analyses made by or on behalf of a discharger in connection with its
discharge. All records which pertain to matters which are the subject
of administrative adjustment or any other enforcement or litigation
activities brought by the authority pursuant hereto shall be retained
and preserved by the discharger until all enforcement activities have
concluded and all periods of limitation with respect to any and all
appeals have expired.
(c)
Costs of administering program.
The authority may make
such charges, known as monitoring and pretreatment charges, as are
reasonable for services rendered in administering the programs outlined
in this division. Such charges may include, but are not limited to:
(d)
Right of revision.
The authority reserves the right to amend this division to provide for more or less stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in section 13.09.032 of this division.
(e)
Publication of list of significant violators.
(1)
The authority shall annually publish in a newspaper of general circulation
that provides meaningful public notice within the jurisdictions served
by the city a list of users that have significantly violated federal
pretreatment requirements during the previous 12 months. Definition
of significant violation shall be the definitions listed in 40 CFR
part 403.8(f)(2)(viii), and in the POTW’s TPDES permit. The
director, or the director’s designee, shall be responsible for
calculating the users who have committed significant violations.
(2)
Significant industrial users are subject to the SNC criteria listed in (A) through (H) [of subsection (3)] of this subsection. Group II nonsignificant industrial users that have been issued a permit shall be subject to SNC criteria listed in (C) through (H) of this subsection. Group VI nonsignificant categorical industrial users shall be subject to SNC criteria listed in (C) through (H) of this subsection. All other industrial users are subject to the SNC criteria listed in (C), (D) and (H) of this subsection.
(3)
Significant noncompliance shall mean:
(A)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of wastewater measurements
taken for the same pollutant parameter during a six-month period exceed
a numeric pretreatment standard or requirement, including instantaneous
limits for the same pollutant parameter by any amount;
(B)
Technical review criteria (TRC) violations, defined here as those
in which thirty-three percent (33%) or more of wastewater measurements
taken for each pollutant parameter during a six-month period equals
or exceeds the product of the numeric pretreatment standard or requirement
including instantaneous limits multiplied by the applicable criteria
(1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants
except pH);
(C)
Any other discharge violation of a pretreatment standard or requirement
as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous
limit or a narrative standard) that the director 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;
(D)
Any discharge of pollutants that have caused imminent endangerment
to the public or to the environment, or have resulted in the director’s
exercise of his emergency authority to halt or prevent such a discharge;
(E)
Failure to meet, within ninety (90) days of the scheduled date, a
compliance schedule milestone contained in a wastewater discharge
permit or enforcement order for starting construction, completing
construction, or attaining final compliance;
(F)
Failure to provide within forty-five (45) days after the due date,
any required reports, including baseline monitoring reports, reports
on compliance with categorical pretreatment standard deadlines, periodic
reports (such as self-monitoring reports), and reports on compliance
with compliance schedules;
(G)
Failure to accurately report noncompliance; or
(H)
Any other violation(s) which may include a violation of best management
practices, which the director determines will adversely affect the
operation or implementation of the local pretreatment program.
(Ordinance 911-2011 adopted –/–/11)
The city hereby approves and adopts the enforcement response
plan for the industrial wastewater pretreatment, as contained in exhibit
A attached to Ordinance 911-2011 and incorporated as if fully set
forth herein. The director of public works, or his/her duly appointed
representative, is hereby authorized to enact any or all of the prescribed
procedures to enforce the enforcement response plan, including the
imposition of penalties for unauthorized discharges, and to adopt
and promulgate rules and regulations necessary to protect the public
health and safety in case of pretreatment program violations. An industrial
waste schedule of fees is attached as exhibit B to Ordinance 911-2011
and is incorporated by reference into this section and is approved
and adopted.
(Ordinance 911-2011 adopted –/–/11)
Notwithstanding any notice provisions contained in this division,
any person, firm, or corporation who violates, disobeys, omits, neglects,
or refuses to comply with or who resists the enforcement of any of
the provisions of this division shall be fined not more than two thousand
dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense. Additionally,
the city may seek injunctive relief pursuant to section 54.016, Texas
Local Government Code and civil penalties of up to $5,000.00 per day
pursuant to section 54.017, Texas Local Government Code.
(Ordinance 911-2011 adopted –/–/11)
