When used in this article, 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 250 mg/L or a biochemical
oxygen demand (BOD) concentration greater than 250 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 article.
The Clean Water Act (33 U.S.C. 1251 et seq.), as amended.
The director of the state commission on environmental quality
(TCEQ).
The City of Lake Worth, Texas.
Authorized representatives (authorized signatories) for wastewater discharge permit applications and for reports submitted under section 13.09.005 of this article 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 initiate and direct other comprehensive measures
to assure long-term environmental compliance with environmental laws
and regulations; can ensure that the necessary systems are established
or actions taken to gather complete and accurate information for individual
wastewater discharge permits 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 subsection (1), (2), (3) or (4) above if:
The authorization is made in writing by the individual described
above in subsection (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;
The written authorization is submitted to the city; and
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 section 13.09.003(e) and 40 CFR 403.5(a)(1) and (b) and to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs 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 degrees centigrade (20°C), 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 POTWs 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.
The 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 BOD.
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.
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).
Flow proportional composite sample.
(A)
(B)
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
stream flow (e.g., 200 milliliters of sample collected for every 5,000
gallons discharged). The other method collects samples of varying
volume, based on stream flow, at constant time intervals.
Flow proportional composite will be used only in locations that
have the capability to measure flow during the sampling period.
The City of Fort Worth, Texas, as holder of the Texas Pollutant
Discharge Elimination System (TPDES) permit.
The water discharged from any system of condensation such
as air conditioning, cooling, or 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.
In its verb form: to deposit, conduct, drain, emit, throw,
run, allow to seep or otherwise release or dispose; to allow, permit
or suffer any of these acts or omissions. In its noun form: the product
of any of these acts.
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.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of industrial, liquid or hazardous waste into or on land,
water or the POTW.
The 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.
Animal and vegetable waste or residue from preparation, cooking
or dispensing of food or from the handling, storage, and sale of food
products and produce.
A person who causes, creates, generates, or otherwise produces
waste.
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.
Any liquid, semi-liquid or solid waste (or combination of
wastes), which because of its quantity, concentration, physical, chemical
or infectious characteristics is:
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 grab 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:
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;
or
Therefore is a cause of a violation of a wastewater contract
for sewage disposal or of receiving water quality standards.
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.
Milligrams per liter.
Commercial and industrial users which are not classified
as significant industrial users and do not discharge a significant
amount of regulated pollutants on a regular basis.
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.
The National Pollutant Discharge Elimination System permit
program of the Environmental Protection Agency, and/or the permit
program of the state agency delegated to act on the Environmental
Protection Agency’s behalf with an approved pretreatment program
(e.g., TPDES or Texas Pollutant Discharge Elimination System).
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; or
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;
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 sole discretion of the director, be permitted
as a nonsignificant categorical industrial user (NSCIU) if the following
conditions are met:
The industrial user, prior to the 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 13.09.005(d)(1) [13.09.005(d)(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.
Wastewater in which the average concentration of total suspended
solids is not more than 250 mg/L and BOD is not more than 250 mg/L,
and which is otherwise acceptable to be discharged into a sanitary
sewer under the terms of this article.
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 discharge of BOD/COD, solids or wastewater volume in
excess of the POTW’s capacity.
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.
A wastewater discharge permit, issued to nondomestic dischargers
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 spoil, 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.
Water and/or liquid waste containing any of the following:
Free or emulsified grease, and/or oil.
Acids or alkalis.
Phenols or other substances producing taste or odor in receiving
water.
Toxic or poisonous substances in suspension, colloidal state
or solution.
Noxious or otherwise obnoxious or odorous gases, liquids or
solids.
More than ten (10) mg/L of total suspended solids or BOD, or
both.
Color, either true or apparent, exceeding fifty (50) units.
More than 500 mg/L of dissolved solids, more than 250 mg/L of
chlorides or more than 250 mg/L sulfates.
A pH value of less than 5.0 or higher than 12.0 for discharges
to Fort Worth.
Any water or wastewater not approved for discharge into water
of the state by the TCEQ.
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.
The term “pretreatment standard” or “standard”
means prohibited discharge limits established pursuant to 40 CFR part
403.5, categorical pretreatment standards, and local limits, including
BMPs.
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.
A pipe or conduit carrying sanitary or storm wastewater or
unpolluted drainage in which owners of abutting properties shall have
the use, subject to control by the city.
The public works utility superintendent of the city, or his
authorized representative.
A treatment works as defined by section 212 of the Act, which
is owned by the control authority. This definition includes any devices
and systems used in the collection, storage, treatment, recycling
and reclamation of sewage or industrial wastes of a liquid nature
and any other conveyances which convey wastewater to a treatment plant.
Wastes removed from a septic tank.
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 twenty percent (20%) 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.
An industrial user 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 five percent
(5%) 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 13.09.005(d)(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 in this article.
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 describe 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.
A classification pursuant to the Standard Industrial Classification
Manual issued by the United States Office of Management and Budget.
Standard Methods for the Examination of Water and Wastewater,
a publication prepared and published jointly by the American Public
Health Association, the American Waterworks Association and the Water
Environment Federation, as it may be amended from time to time.
The State of Texas.
All roads with drainage systems, streets, catchbasins, curbs,
gutters, ditches, watercourses and storm drains, which are designed
or used for collecting or conveying stormwater.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
A 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 are 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 TTOs is specific for every applicable federal category. TTOs 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 substance that is identified as hazardous waste in 40
CFR part 261 or established pursuant to 40 CFR part 403.
A person who owns or operates a vehicle used for the purpose
of transporting waste, or a person who authorizes such operation.
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this article, 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 defense to upset only applies to federal court actions as per section 13.09.006(g)(3) of this article.
United States Code.
A person who is a source of an indirect discharge.
Rejected, unutilized or superfluous substances in liquid,
gaseous or solid form resulting from domestic, agricultural, commercial
or industrial activities.
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.
A natural or man-made channel in which a flow of water occurs,
either continuously or intermittently.
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through or border upon the state or any portion thereof.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.601)
(a)
Purpose.
This article 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 article 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’s
health and POTW personnel in conformance with all applicable state
and federal laws relating thereto, including the Clean Water Act.
Parts of this article 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)
Applicability of federal regulations.
All categorical
pretreatment standards, lists of toxic pollutants, recordkeeping requirements,
industrial categories and other standards and categories which have
been or which will be promulgated by the EPA shall be incorporated
as a part of this article, as will EPA regulations regarding sewage
pretreatment established pursuant to the Act, and amendment of this
article 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)
Objectives.
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the authority wastewater
system that 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 POTW, and which
will pass through the system into receiving waters or the atmosphere
or which are otherwise incompatible with the system;
(3)
To improve the opportunity to recycle or reclaim wastewater and sludge
from the system;
(4)
To provide for the equitable distribution of the cost of operation,
maintenance, and improvement of the POTW;
(5)
To prevent the entrance of pollutants into watercourses within the
city and to maintain the quality of water consistent with public health
and enjoyment;
(6)
To ensure that the quality of wastewater treatment plant sludge is
maintained at a level that allows its use and disposal in compliance
with applicable statutes and regulations;
(7)
To protect POTW personnel who may be affected by wastewater and sludge
in the course of their employment and to protect the general public;
and
(8)
To enable the city to comply with its contracts with the City of
Fort Worth and to enable the City of Fort Worth to comply with their
NPDES or TPDES permit conditions, sludge use and disposal requirements,
and any other federal and state laws to which the POTW is subject.
(d)
Regulation of discharges.
The regulation of discharges into the authority’s wastewater system under this article shall be accomplished through the issuance of permits, as specified in section 13.09.005, and by monitoring and inspection of facilities, according to this article.
(e)
Administration.
(1)
The director and the director’s authorized representatives
(“director”) are authorized to administer, implement,
and enforce the provisions of this article. Additionally, the director
and the director’s authorized representatives (“director”)
are authorized to make inspections pursuant to this article and to
take enforcement action against violators.
(2)
The director shall have the authority to promulgate such administrative
regulations as are from time to time necessary for the enforcement
of this article.
(3)
For the purpose of promoting consistency of enforcement throughout
the city’s jurisdiction and service area, the director shall
promulgate, implement and enforce an enforcement response plan.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.602)
(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)
General prohibited discharges.
(1)
No person shall discharge or cause to be discharged any stormwater,
surface water, groundwater, artesian well water, roof runoff, subsurface
drainage, 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 with the approval of the city.
(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 local, 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 discharge prohibitions.
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 Fahrenheit (150°F) (sixty-five
degrees centigrade (65°C)) or 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 and four degrees Fahrenheit (104°F) or forty
degrees centigrade (40°C) upon entering the POTW treatment plant;
(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 substance that will solidify
or become discernibly viscous at temperatures between thirty-two degrees
(32°) to one hundred fifty degrees (150°F) Fahrenheit, thereby
contributing to the clogging, plugging or otherwise restricting the
flow of wastewater through the collection system;
(3)
Explosives.
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 one hundred
forty degrees Fahrenheit (140°F) (sixty 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)
Obstructions.
Solid or viscous substances in quantities
capable of causing obstruction in the flow in sewers or other interference,
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 article. 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)
Violation of TPDES permits or other water quality standards.
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)
Slug loads.
Any dump or slug load;
(11)
Hazards to human life.
Any wastewater which causes a
hazard to human life or creates a public nuisance;
(12)
Failing toxicity test.
Wastewater causing, alone or
in conjunction with other sources, the treatment plant’s effluent
to fail a toxicity test;
(13)
Swimming pool drainage.
Swimming pool drainage from
private residential pools may not be discharged to the sanitary sewer
system. Swimming pool drainage from public and semi-public 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 resulting in toxic gases or fumes.
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)
Oil causing interference or pass-through.
Petroleum
oil, nonbiodegradable cutting oil, or products of mineral oil origin
in amounts that will cause interference or pass-through;
(19)
Trucked or hauled pollutants.
Trucked or hauled pollutants, at discharge points designated by the authority in accordance with subsection (c);
(20)
pH.
Pollutants which will cause corrosive structural
damage to the POTW, but in no case discharges with pH lower than 5.0,
unless the works is specifically designed to accommodate such discharges;
(21)
Oil and grease.
(A)
Petroleum oil, nonbiodegradable cutting oil, or nonpolar products
of mineral oil origin in concentrations greater than two hundred (200)
mg/L;
(B)
Visible free floatable polar oils, fats, or grease or a concentration
greater than two hundred (250) mg/L in wastewater discharged from
industrial or commercial facilities into the POTW; or
(C)
In no case shall discharges in amounts that cause interference
or operational problems with the POTW be allowed.
(22)
BTEX.
BTEX concentration greater than 1.0 mg/L;
(23)
Gases.
Hydrogen sulfide, sulfur dioxide or nitrous oxide
in excess of ten (10) parts per million;
(24)
Radioactive wastes.
Radioactive wastes or isotopes with
a half-life or concentration exceeding limits established by the authority
in compliance with applicable state or federal regulations;
(25)
Toxic pollutants.
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 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;
(26)
Pollutants in excess of pretreatment standard.
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 vapors.
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.
(1)
The following local pollutant limits are established to protect against
pass-through and interference. The limits apply at the point where
the wastewater is discharged to the POTW. The director may impose
mass limitations in addition to, or in place of, the concentration-based
limitations. All concentrations for metallic substances are for total
metal unless indicated otherwise. No person shall discharge wastewater
containing:
(A)
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.
(B)
Local limits.
Metals in the form of compounds
or elements with total concentrations exceeding the following:
|
Instantaneous 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
|
(C)
Cyanide.
Cyanide or cyanogen compounds (expressed
as total Cn) in excess of 1.0 mg/L.
(2)
Best management practices.
The director may develop
best management practices (BMPs), by ordinance or in individual wastewater
discharge permits, to help implement local limits and other pretreatment
standards.
(3)
Offenses.
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/slug discharge control plan.
The
director shall evaluate whether each SIU needs an accidental discharge/slug
discharge control plan or other action to control slug discharges
at the time of SIU determination or at least by the first year. All
the activities associated with slug control evaluation and results
are to be kept in the industrial user file. The director 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.
Alternatively, the director may develop such a plan for any user.
An accidental discharge/slug discharge 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 13.09.004(b) of this article; 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 979 adopted 12/13/11; 2004 Code, sec. 13.603)
(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. All limitations listed in this article shall
apply at the point where the wastewater is discharged to the POTW.
(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 article.
(3)
Mass limitations.
Where deemed appropriate, the authority
may apply mass limitations 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, the 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 the 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 article. 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 article.
(2)
Dischargers shall notify the authority immediately upon the occurrence
of a “slug” or accidental discharge of substances prohibited
by this article. The notification shall include location of discharge,
date and time thereof, type of waste, concentration and volume, and
corrective actions taken, and be signed by the discharger’s
authorized representative. Within five (5) days following such discharge,
the user shall submit to the director a detailed written report which
specifies: a description and cause of the discharge, including location
of the discharge, type, concentration, and volume of water; 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 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. 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
on the authority under state or federal law.
(3)
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. Each employer shall
instruct all applicable employees, who may cause or discover such
a discharge, with respect to the emergency notification procedure,
including the proper telephone number of the authority to be notified.
(c)
Wastewater discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this article, including section 13.09.005; 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 the discharger’s premises, and for enforcement pursuant to the term of this article.
(d)
Prohibition of bypass.
(1)
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 advance 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, and 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).
(f)
Pretreatment facilities.
(1)
Users shall provide wastewater treatment as necessary to comply with
this article and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in this article
within the time limitations specified by the EPA or TCEQ, the state,
or the director, whichever is more stringent.
(2)
The user shall provide, operate, and maintain any facilities necessary
for compliance at the user’s sole expense.
(3)
The director may require a user to submit detailed plans describing
such facilities and operating procedures to the director for review.
The review of such plans and operating procedures shall in no way
relieve the user from the responsibility of modifying such facilities
as necessary to produce a discharge acceptable to the city under the
provisions of this article.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.604)
(a)
Wastewater discharge permit required; classification of dischargers.
(1)
All nondomestic users which discharge into the POTW shall be grouped
according to the following definitions:
(A)
Group I: Significant industrial users.
(B)
Group II: Commercial facilities and nonsignificant industrial users
(NSIU). Those commercial facilities and industrial users which are
not included in group I. Examples include, but are not limited to,
automotive service shops, carwashes, small food processors, and photographic
developing shops.
(C)
Group III: Classed high strength users. Restaurants or other businesses
which can be classed according to any average strength or abnormal
strength of their wastewater.
(D)
Group IV: Wastewater haulers. Septage and chemical toilet waste haulers
desiring to discharge into the POTW. Waste must be generated within
the city’s service area.
(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)
No group I, group IV or group V or group VI user shall discharge
wastewater into the POTW without first obtaining a wastewater discharge
permit from the director.
(3)
The director may require any group II or group III user to obtain
a wastewater discharge permit. Within thirty (30) days after being
notified by the director that a wastewater discharge permit is required,
the user shall submit a completed application in compliance with this
article. After sixty (60) days from the date a group II or group III
user is notified by the director that a permit is required, the user
shall cease discharge to the POTW without a wastewater discharge permit.
(4)
Any violation of the terms and conditions of a wastewater discharge
permit shall be deemed a violation of this article and subjects the
wastewater discharge permittee to the sanctions set out in this article.
Obtaining a wastewater discharge permit does not relieve a permittee
of its obligation to comply with all federal and state pretreatment
standards or requirements or with any other requirements of federal,
state, and local law.
(b)
Application; issuance.
All industrial users determined
by the director to be a significant industrial user shall submit a
wastewater discharge permit application to the authority on a form
provided by the authority. For 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.
(1)
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 employees, 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;
(H)
Any other information as may be deemed necessary by the authority
to evaluate the wastewater discharge permit application; and
(I)
All dischargers shall submit an industrial waste questionnaire. The
questionnaire will be reviewed by the public works utility superintendent
or authorized representative. If deemed necessary, dischargers may
also be required to obtain a permit as outlined herein.
(2)
No new group I, group IV, group V or group VI user shall be allowed
to discharge until issued a valid permit.
(3)
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 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.
(4)
If the application is denied, the applicant shall be notified in
writing 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 article, the authority may
specify that the applicant be required to provide pretreatment of
the waste before it is deemed acceptable for sewer discharge.
(5)
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, pursuant to subsection (b)(3) [(b)(4)], 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 article, 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 article.
(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.
(6)
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.
(c)
Permit conditions.
Permits are issued to a specific
discharger for a specific operation 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 [sic] to
a new owner or operator only if the permittee gives 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.
|
Failure to provide advance notice of a transfer renders the
wastewater discharge permit void as of the date of facility transfer.
|
(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 (c)(1), 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; and
(E)
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 or 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;
(H)
Other conditions as deemed appropriate by the authority to ensure
compliance with this article and state and federal laws, rules, and
regulations;
(I)
Limits on the maximum wastewater constituents and characteristics
and location of approved discharge points; and
(J)
Requirements to control slug discharge, if determined by the director
to be necessary.
(d)
Reporting requirements for dischargers.
(1)
Baseline report. Within 180 days following the effective date for
new or revised categorical pretreatment standards, or at least 90
days prior to 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) 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 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 the nature, average rate of production, and Standard Industrial
Classification 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 subsection (d)(4). 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.
(iv)
The user shall take a minimum of one representative sample to
compile the data necessary to comply with the requirements of this
subsection. However, the director 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 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 subsection 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)
Ninety-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 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 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,
including best management practices. This report shall be signed by
an authorized representative of the discharger.
(3)
Periodic compliance reports.
(A)
All significant industrial users shall, at a frequency determined
by the director but in no case less than twice per year (once in June
covering the six-month period December 1st through May 31st and once
in December covering the six-month period June 1st through November
30th), submit a report containing at a minimum:
(i)
The nature and concentration of pollutants in the discharge
which are limited by pretreatment standards;
(ii)
The measured or estimated average and maximum daily flows for
the reporting period;
(iii)
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
(iv)
Contributing information as is determined necessary to account
for water usage, materials recovery, or disposal practices.
(B)
All nonsignificant categorical industrial (NSCIU) users 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.
(D)
All periodic compliance reports shall be signed and certified in accordance with subsection (d)(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.
(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. Where 40 CFR part
136 does not include sampling or analytical techniques for the pollutants
in question, or where the 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 the EPA.
(B)
Sample collection.
(i)
Except as indicated in subsection (ii), 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 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 does not exist; for
facilities for which historical sampling data are available, the director
may authorize a lower minimum.
(iv)
For the reports required by 40 CFR 403.12(e) and 403.12(h),
the industrial user is required to collect the number of grab samples
necessary to assess and assure compliance by with applicable pretreatment
standards and requirements.
(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 (d)(4), the results of this monitoring, including chain-of-custody forms, shall be included in the report.
(6)
Significant industrial user reporting.
Significant 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 (d)(4). This sampling and analysis may be performed by the authority in lieu of the significant industrial user.
(7)
Notification of changed discharge.
Dischargers shall
give prior written notification to the authority and the City of Fort
Worth of any potential or actual significant changes in the volume
or character of pollutants in the discharge.
(A)
The notification to the authority shall be received at least thirty
(30) 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 article or a permit
issued pursuant to this article.
(E)
Significant industrial users that discharge wastewater to treatment
plants operated by the City of Fort Worth shall provide prior written
notification to the city and the City of Fort Worth of changes to
its wastewater discharges and any changes at its facility that affect
the potential for a slug discharge.
(8)
Authority monitoring.
Sampling and analysis for the reports required by subsections (d)(1), (2), (3) and (6) 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 not be required to submit the report.
(9)
Signatory requirements.
(A)
Applications and compliance reports.
All applications
and compliance reports submitted to the authority must contain the
following certification statement and be signed by the authorized
representative:
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.
(B)
Annual certification for nonsignificant categorical industrial
users.
A facility determined to be a nonsignificant categorical industrial user by the director pursuant to section 13.09.001 [13.09.005] and subsection (a) must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.120(1). This certification must accompany an alternative report required by the director.
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 (month, day, year) to (month, day,
year):
(i)
The facility described as (facility name) met the definition of a nonsignificant categorical industrial user as described in subsection (a)(1);
(ii)
The facility complied with all applicable pretreatment standards
and requirements during this reporting period;
(iii)
The facility never discharged categorical process wastewater
on any given day during this reporting period; and
(iv)
This compliance certification is based on the following information:
__________.
(10)
Wastewater analysis.
When requested by the authority,
a user must submit information on the nature and characteristics of
its wastewater within the time frame requested by the authority. The
authority is authorized to prepare a form for this purpose and may
periodically require users to update this information.
(e)
Inspection and flow measurement.
(1)
Inspections.
(A)
The authority shall inspect the facilities of any discharger to determine
compliance with the requirements of this article for SIUs, NSCIUs
and NSIUs at least once per 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.
(i)
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 article
shall be made available for copying and inspection by the authority.
If entry is denied or if 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
article is hereby declared to be a “health officer.” The
inspectors, agents or representatives of the authority charged with
the enforcement of this article 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.
(ii)
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 user
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.
(B)
Facilities regulated under this article 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 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 control authority within twenty-four (24) hours of becoming aware
of the violation. Within ten (10) days submit to the director a report
which addresses: the time, date, location, processes, and operations
associated with the violation, and the personnel assigned responsibility
and/or present during the violation; the cause or probable cause of
the noncompliance; and the actions taken and implemented to meet permit
conditions. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the control authority
within thirty (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 user’s sole 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.
(f)
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 of 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 or POTW’s collection and treatment
systems, authority or 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, rules
or 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 article shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by subsection (a), 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 (b). 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.
(g)
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
that 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)
Data that cannot be held as confidential.
Nothing in
this article 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 Public Information Act.
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.
(h)
Duty to reapply.
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 (b), prior to the expiration of the user’s existing wastewater discharge permit. An expired permit will continue to be effective and enforceable until the permit is reissued. The user will not be subject to penalties if:
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.605)
(a)
Non-emergency termination of water supply or discharge.
A user who violates the following conditions is subject to the termination
of its city-provided water supply and/or its discharge:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user’s premises for the
purpose of inspection, monitoring, or sampling;
(5)
Violation of the pretreatment standards of this article;
(6)
Pay sewer charges;
(7)
Meet compliance schedules;
(8)
Fulfill the conditions of its permit, or this article, or to obey
any final judicial order with respect thereto;
(9)
Failure to meet effluent limitations; including best management practices,
based on applicable pretreatment standards; or
(10)
Knowingly makes any false statements, representations, or certifications
in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this article or an individual
discharge permit.
(b)
Notice of violation.
(1)
Whenever the authority finds that any user has engaged in conduct which justifies non-emergency termination of water supply, pursuant to subsection (a), the authority shall serve or cause to be served upon such user a written notice, either by personal delivery or by certified or registered mail, return receipt requested, notifying the user of the proposed termination of its water supply and/or discharge and the nature of the alleged violation. The user may petition for a reconsideration and hearing.
(2)
Within thirty (30) days of the date of receipt of the notice, the
user shall respond in person or in writing to the authority with a
report containing the following:
(3)
The user shall not recommence its discharge 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 this option by the director shall not be a bar to, nor
a prerequisite for, taking any other enforcement action against the
user.
(c)
Administrative orders.
Where the violation cited under subsection (a) is not corrected by means of enforcement action listed in subsection (b), the following enforcement escalations may be used. Terms may or may not be negotiated with an industrial user.
(1)
Consent order.
An agreement between the authority and
the industrial user normally containing three elements: compliance
schedules, stipulated fines or remedial actions, and signatures of
the authority and authorized representatives.
(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 NOVs 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 industrial user 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 article 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 article 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 article,
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 article,
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 article 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 injunctive 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 54.017
of the Texas Local Government Code.
(3)
Criminal proceedings.
Notwithstanding any notice provisions
contained in this article, any person who violates, disobeys, omits,
neglects, or refuses to comply with or who resists the enforcement
of any of the provisions of this article commits an offense. The person
shall be fined not more than two thousand dollars ($2,000.00) for
each offense per day.
(f)
Emergency suspension of service and discharge permit.
(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, or violate any pretreatment limits imposed by this article
or any permit issued pursuant to this article. 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 defense 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 article or a permit issued under this article
was caused solely by an act of God, war, strike, riot, or other catastrophe,
the event is not a violation of this article 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 defense 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:
(A)
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
(B)
Any discharger who experiences an upset in operations which places
the discharger in a temporary state of noncompliance with this article
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:
(i)
A description of the upset, its cause and the upset’s
impact on a discharger’s compliance status.
(ii)
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.
(iii)
All steps taken or to be taken to reduce, eliminate and prevent
recurrence of such an upset or other conditions of noncompliance.
(3)
Affirmative defense 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 13.09.003(b)(3), or a specific prohibition of section 13.09.003(d)(1), (5), (6), (17) or (21), 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.
(4)
Violations occurring during upset.
An operating upset
which was not the result of negligence on the part of the discharger,
and which has been documented and verified in the manner stated above,
shall be an affirmative defense to any enforcement action brought
by the authority against a discharger for any noncompliance with this
article which arises out of violations alleged to have occurred during
the period of the upset.
(h)
Recovery of costs incurred by 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 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 article, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished as provided in subsection (e)(3).
(j)
POTW pretreatment requirements.
All POTWs shall be able
to seek injunctive relief for noncompliance by industrial users with
pretreatment standards and requirements. All POTWs 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. POTWs 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 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 979 adopted 12/13/11; 2004 Code, sec. 13.606)
(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 article shall retain and preserve and make available for inspection and copying, for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring activities, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge and required by this article, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, including documentation associated with best management practices established under section 13.09.003(e). Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of such analyses. 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 article. Such charges may include, but are not limited to:
(d)
Right of revision.
The authority reserves the right to amend this article 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 13.09.002.
(e)
Publication of list of significant violators.
(1)
A user shall be determined by the authority to be in a state of significant
noncompliance if a user’s violation meets one or more criteria
listed in 40 CFR 403.8(f)(2)(viii). 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 twelve (12) months. The director shall be responsible
for calculating the users who have committed significant violations.
(2)
Significant industrial users are subject to the SNC criteria listed
in subsections (A) through (H) below. Group II nonsignificant industrial
users that have been issued a permit shall be subject to SNC criteria
listed in subsections (C) through (H) below. Group VI nonsignificant
categorical industrial users shall be subject to SNC criteria listed
in subsections (C) through (H) below. All other industrial users are
subject to the SNC criteria listed in subsections (C), (D) and (H)
below. Significant violation noncompliance (SNC) shall mean any of
the following:
(A)
Chronic violations of wastewater discharge limits, defined here as
those in which sixty-six percent (66%) or more of wastewater measurements
taken during a six (6) month period exceed the daily maximum limit
or average limit 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 (6) month period equal
or exceed the product of the daily 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(1) (daily maximum, long-term average, instantaneous
limit or a narrative standard) that the authority believes 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 pollutant that has caused imminent endangerment
to the public or to the environment, or has resulted in the authority’s
exercise of its emergency authority to halt or prevent such a discharge;
(E)
Failure to meet, within ninety (90) days, 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
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, that the authority determines will adversely affect the
operation or implementation of the local pretreatment program.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.607)
The city’s enforcement response plan (ERP) is attached
as exhibit A to Ordinance 979 and is incorporated by reference into
this article and is approved and adopted. An industrial waste schedule
of fees is attached as exhibit B to Ordinance 979 and is incorporated
by reference into this article and is approved and adopted.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.608)
Notwithstanding any notice provisions contained in this article,
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 article 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 five thousand dollars
($5,000.00) per day pursuant to section 54.017, Texas Local Government
Code.
(Ordinance 979 adopted 12/13/11; 2004 Code, sec. 13.609)
