(a) 
This article sets forth uniform requirements for users and customers of the wastewater collection and transportation facilities for the city and enables the city to comply with all applicable state and federal laws, as well as the City of Austin Agreement. The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the city system or the Austin System Treatment Works that will interfere with its operation;
(2) 
To prevent the introduction of pollutants into the city system that will pass through the Austin System inadequately treated, into receiving waters, or otherwise be incompatible with the city system or Austin System;
(3) 
To protect both city system and Austin System personnel who may be affected by wastewater and sludge in the course of their employment and the general pubic;
(4) 
To promote reuse and recycling of industrial wastewater and sludge from the city system;
(5) 
To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the city system; and
(6) 
To enable City of Austin to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the City of Austin is subject.
(b) 
This article shall apply to all users of the city system. The article authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(1996 Code, sec. 86-200)
Except as otherwise provided herein, the city administrator shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties imposed upon the city administrator may be delegated by the city administrator to other city personnel.
(1996 Code, sec. 86-202)
A person may not discharge pollutants to the city system that cause:
(1) 
A treatment plant upset;
(2) 
Pass through or contribute to pollution of the Austin System’s receiving waters;
(3) 
Interference with the operation of the city system or the Austin System;
(4) 
The City of Austin to be in violation of the NPDES permit or TPDES permit;
(5) 
Damage to the city system or the Austin System;
(6) 
A hazard to property, public health, or safety;
(7) 
The ambient air quality of the city system or the Austin System to exceed standards established by federal, state or local law;
(8) 
A violation of a permit issued under this chapter;
(9) 
The concentration of pollutants in the city system or the Austin System or in the city system’s or Austin System’s sludge to exceed allowable limits; or
(10) 
A flow rate or quantity that exceeds the carrying capacity of the collection system.
(1996 Code, sec. 86-204)
Except as authorized by this chapter, a person may not discharge to the city system the following:
(1) 
Other waste, as defined in this chapter;
(2) 
A flammable or explosive liquid, solid, or gas, and similar substance that could create a fire or explosive hazard in the collection system or any treatment plant and associated facilities, including a waste stream with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade), tested in accordance with 40 CFR section 261.21;
(3) 
A pollutant regulated under a categorical pretreatment standard promulgated by EPA in a concentration or amount exceeding allowable limits;
(4) 
A substance causing heat in the city system or the Austin System at a temperature of 120 degrees Fahrenheit (48.9 degrees Centigrade) or higher, or at a temperature that inhibits biological activity in the Austin System if the discharge causes interference, or an increase in the temperature of the influent to a treatment plant to 104 degrees Fahrenheit (40 degrees Centigrade) or higher;
(5) 
Garbage other than comminuted garbage;
(6) 
Wastewater containing a noxious or malodorous liquid, gas, solid, or substance that, independently or interactively creates a public nuisance, or hazard to public health and safety, or prevents entry into the sanitary sewer for maintenance or repair;
(7) 
A pollutant that result in the presence of toxic gases, vapors, or fumes within the city system or Austin System in a quantity or concentration that creates a danger to public health or safety;
(8) 
An acid, alkali, or substance with a pH value lower than 6.0 or higher than 11.5 standard units, or that corrodes or damages the city system or Austin System;
(9) 
Petroleum oil, nonbiodegradable cutting oil, or a product of mineral oil origin in an amount that causes interference or pass through;
(10) 
Waste containing a prohibited pollutant trucked or hauled from its point of origin, except as approved by the city administrator;
(11) 
Waste removed from a pretreatment facility or private sewage facility, except at discharge points designated by the city administrator;
(12) 
Phenol or a similar substance in concentrations that produce odor or taste in the city system’s or the Austin System’s receiving waters, if the receiving waters are used as drinking water;
(13) 
Wastewater containing radioactive materials in concentrations greater than allowed by current regulations of the department of state health services or other agency of competent jurisdiction;
(14) 
A solid or viscous pollutant in a quantity or concentration that could obstruct the flow in the city system or Austin System result in a sanitary sewer overflow or interference;
(15) 
A pollutant or oxygen demanding pollutant discharged at a flow rate or concentration that could interfere with the city system or Austin System, or is not treatable;
(16) 
A pollutant, dye water, vegetable tanning solution, whole blood, or a substance that causes untreatable color in the Austin System effluent;
(17) 
Medical wastes, except as authorized by permit;
(18) 
Sludge, screenings or other residues from the pretreatment of industrial waste or other prohibited waste, except as authorized by the city administrator;
(19) 
Wastewater containing pollutants that cause the Austin System effluent to fail a toxicity test;
(20) 
Waste containing detergent, a surface active agent, or a substance that could cause excessive foaming in the city system, the Austin System, or the Austin System’s effluent;
(21) 
Wastewater causing a single meter reading of more than ten percent of the lower explosive limit on an explosion hazard meter;
(22) 
Antifreeze or a coolant solution used in a vehicle or motorized equipment;
(23) 
An enzyme, chemical, or other agent that allows fat, oil, grease or a solid to pass through a pretreatment facility;
(24) 
Drainage water;
(25) 
Ground water;
(26) 
Drainage water or ground water contaminated by a prohibited pollutant, except as specifically authorized in this chapter;
(27) 
Wastewater with a biochemical oxygen demand (BOD) in excess of 200 mg/l, or a chemical oxygen demand (COD) in excess of 450 mg/l; and
(28) 
Wastewater containing total suspended solids in excess of 200 mg/l, and dissolved sulfides in excess of 1.0 mg/l.
(1996 Code, sec. 86-205)
(a) 
Except as authorized by this chapter, a person may not discharge fat, oil, grease, or similar material to the city system in excess of an instantaneous maximum allowable limit of 200 milligrams per liter.
(b) 
If necessary to protect the city system or sanitary sewer, the city administrator may issue a permit, order, or rule that assigns the limits on discharge of fat, oil, grease, or a similar substance as:
(1) 
Instantaneous maximum allowable limits;
(2) 
Daily average limits;
(3) 
Daily maximum limits;
(4) 
Monthly average limits; or
(5) 
Limits of other sampling duration or averaging period.
(1996 Code, sec. 86-206)
A person shall not discharge drainage or ground water contaminated by a prohibited pollutant unless:
(1) 
The person discharging the contaminated drainage or ground water:
(A) 
Applies for and receives a discharge permit; and
(B) 
Pretreats the drainage or ground water in compliance with this chapter; and
(2) 
The city administrator:
(A) 
Assesses the characteristics, volume and concentrations of pollutant;
(B) 
Determines that discharge to the city system is an appropriate disposal method;
(C) 
Determines that the discharge will not harm the city system, the Austin System, or public health or property; and
(D) 
Issues a discharge permit under this chapter.
(1996 Code, sec. 86-207)
Except as otherwise provided in this chapter, a person shall not increase the use of process water or otherwise dilute a discharge to achieve compliance with a discharge limitation or pretreatment standard.
(1996 Code, sec. 86-208)
(a) 
A person may not process or store prohibited waste in a manner that causes a discharge to the city system of wastewater containing prohibited waste that has not been pretreated.
(b) 
A person may not connect to the city system a hold-haul tank or other tank that is used to store, transport, transfer, or haul liquid waste.
(1996 Code, sec. 86-209)
(a) 
Except as otherwise provided in this chapter, a person discharging wastewater containing prohibited waste to the city system may not allow a bypass to occur.
(b) 
A person discharging wastewater containing prohibited waste to the city system may allow a bypass that:
(1) 
Complies with pretreatment standards; and
(2) 
Is for essential maintenance to assure efficient operation of the person’s facility.
(c) 
If a person knows in advance that a bypass is to occur, the person must submit written notice of the anticipated bypass to the city administrator, the city maintenance and operations company, and the City of Austin director on the earlier of:
(1) 
Ten days before the date of the anticipated bypass; or
(2) 
If less than ten days before the date of the anticipated bypass, upon obtaining knowledge that the bypass is to occur.
(d) 
A person who knows in advance that a bypass will occur must obtain authorization from the city administrator before release of the discharge.
(e) 
A person who is aware that an unanticipated bypass exceeding pretreatment standards or requirements occurred shall notify the city administrator, the city maintenance and operations company, and the City of Austin director:
(1) 
By telephone or in person no later than 24 hours after the person becomes aware of an unanticipated bypass; and
(2) 
In writing no later than the fifth day after the person becomes aware of an unanticipated bypass.
(f) 
A written report of an anticipated or unanticipated bypass must include:
(1) 
A description of the bypass;
(2) 
The cause of the bypass;
(3) 
The duration of the bypass, including exact dates and times; and
(4) 
If the bypass has not been corrected:
(A) 
The anticipated duration of the bypass; and
(B) 
Actions taken or planned to:
(i) 
Reduce or eliminate the ongoing bypass; and
(ii) 
Prevent reoccurrence of the bypass.
(g) 
The city administrator may waive the requirement of a written report for an unanticipated bypass if the person has made a verbal report in compliance with this section.
(1996 Code, sec. 86-210; Ordinance 276 adopted 5/22/13)
Except as otherwise provided in this chapter, a person must comply with the categorical pretreatment standards established by 40 CFR chapter I, subchapter N, parts 405-471.
(1996 Code, sec. 86-211)
(a) 
The city administrator may impose equivalent concentration or mass limits in accordance with 40 CFR section 403.6(c) if a pretreatment standard is expressed only in terms of either pollutant mass or concentration in wastewater.
(b) 
The city administrator shall impose an alternate limit using the combined waste stream formula in 40 CFR section 403.6(e) if wastewater subject to a pretreatment standard is mixed with wastewater not regulated by the same standard.
(c) 
The city administrator may grant a variance to a person subject to a categorical pretreatment standard if the person proves under 40 CFR section 403.13 that factors relating to the person’s discharge are fundamentally different from the factors considered by EPA in developing the categorical pretreatment standard.
(d) 
The city administrator may grant an adjustment to a person subject to a categorical pretreatment standard under 40 CFR section 403.15.
(1996 Code, sec. 86-212)
A person shall not discharge or allow the discharge to the city system of wastewater containing the following individually identified specific pollutants in concentrations, solution, or suspension that exceed the following limits:
Pollutant
Milligrams per Liter
Arsenic, Total (T)
0.2
Cadmium (T)
0.4
Chromium (T)
0.4
Copper (T)
1.1
Cyanide (T)
1.0
Fluoride (T)
65.0
Lead (T)
0.4
Manganese (T)
6.1
Mercury (T)
0.002
Molybdenum (T)
1.1
Nickel (T)
1.6
Selenium (T)
1.8
Silver (T)
1.0
Zinc (T)
2.3
(1996 Code, sec. 86-214)
A person may not discharge or allow the discharge of wastewater containing total toxic organics to the city system in excess of an instantaneous maximum allowable limit of 2.0 milligrams per liter.
(1996 Code, sec. 86-215)
(a) 
The city administrator may determine compliance with the local limits or the total toxic organics limit based on the analysis of:
(1) 
A grab sample; or
(2) 
A combination of grab samples, time composite samples, or flow composite samples.
(b) 
If necessary to protect the city system or sanitary sewer, the city administrator may issue a permit, order, or rule that assigns the local limits or the total toxic organics limit as:
(1) 
Instantaneous maximum allowable limits;
(2) 
Daily average limits;
(3) 
Daily maximum limits;
(4) 
Monthly average limits; or
(5) 
Limits of other sampling duration or averaging period.
(1996 Code, sec. 86-216)
A person generating wastewater containing prohibited waste discharged to the city system must pretreat the prohibited waste in compliance with the discharge standards, local limits, and requirements established in this chapter, or otherwise lawfully dispose of the prohibited waste.
(1996 Code, sec. 86-217)
(a) 
No person shall deposit or discharge prohibited wastes into the city system without a permit issued by the city administrator.
(b) 
A person shall not discharge wastewater from a pretreatment facility except as allowed by a permit issued by the city administrator.
(c) 
The city administrator may set permit pretreatment standards more stringent than those contained in this chapter, local, state, or federal regulation, if the city administrator determines that the standards are necessary to protect the city system.
(1996 Code, sec. 86-219)
(a) 
A person required to pretreat waste or wastewater before discharge to the city system must submit complete plans and specifications for the pretreatment system to the city administrator.
(b) 
A plan developed under this section shall describe the proposed pretreatment method, process, or technology, including products, chemicals, agents or devices used for pretreatment.
(c) 
A person must obtain the city administrator’s approval prior to:
(1) 
Discharging wastewater; or
(2) 
Constructing, using or modifying a pretreatment facility, method, process or technology.
(1996 Code, sec. 86-220)
(a) 
A person may not discharge wastewater to the city system from or through a pretreatment facility until the facility’s design, size, construction plan, installation, and connection to the city system has been inspected and approved by the city administrator.
(b) 
The city administrator may require a pretreatment facility, process, device, agent or product to be tested prior to use or commencement of a discharge to the city system.
(1996 Code, sec. 86-221)
The city administrator may require a person discharging to the city system to:
(1) 
Restrict or equalize the flow rate of discharge;
(2) 
Designate specific sewers for discharge of particular wastewater;
(3) 
Relocate or consolidate points of discharge;
(4) 
Separate a domestic sewage wastewater flow from an industrial wastewater flow; and
(5) 
Implement wastewater flow control or limitations on wastewater discharge as necessary to protect the city system, or determine compliance with this chapter.
(1996 Code, sec. 86-222)
(a) 
The city administrator may require a person discharging wastewater containing potentially flammable substances to install and maintain an approved combustible gas detection meter.
(b) 
A person discharging wastewater containing potentially flammable substances shall install and maintain an approved combustible gas meter at the request of the city administrator.
(1996 Code, sec. 86-223)
(a) 
A person discharging wastewater containing industrial waste or other prohibited waste to the city system shall implement a system and procedures to prevent slug discharges.
(b) 
The city administrator may require a person to develop and implement a slug control plan before authorizing the person to connect water or wastewater service to discharge wastewater to the city system.
(c) 
At least every two years, the city administrator shall determine if a significant industrial user has sufficient systems and procedures to prevent slug discharges. The city administrator shall require a significant industrial user to develop and implement a slug control plan under this article if the city administrator finds a risk to the city system exists.
(d) 
A plan developed under this article must include the following:
(1) 
Description of discharge practices including a nonroutine batch discharge;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediate notification of the city system in the event of an accident or slug discharge in violation of this chapter; and
(4) 
Procedures to prevent property damage or danger to public health and safety from an accident or slug discharge including:
(A) 
Storage area inspection and maintenance;
(B) 
Material handling and transfer;
(C) 
Loading and unloading operations;
(D) 
Plant site runoff control;
(E) 
Worker training;
(F) 
Containment structures or equipment construction;
(G) 
Toxic organic pollutants containment;
(H) 
Emergency response equipment and plan; and
(I) 
Spill detection.
(1996 Code, sec. 86-224)
(a) 
The city administrator may require submission of a toxic organic management plan as an alternative to or in addition to routine total toxic organics monitoring for a user regulated under the CFR categories of:
(1) 
Electroplating;
(2) 
Metal finishing;
(3) 
Electrical and electronic components; or
(4) 
Other categories authorized by the CFR.
(b) 
A toxic organic management plan submitted under this section must include:
(1) 
A complete inventory of all toxic organic chemicals:
(A) 
Used in regulated process operations, including organic constituents of a trade-name product; or
(B) 
Identified through wastewater sampling and analysis;
(2) 
A description of disposal methods, excluding dumping, used for inventoried compounds;
(3) 
Spill prevention, control, and countermeasures plan to prevent spillage or leakage of a regulated toxic organic chemical into process wastewater, floor drains, noncontact cooling water, groundwater, surface water or general discharge of a toxic organic chemical;
(4) 
Determination of identity and approximate quantity of toxic organic chemical used and discharged from a regulated manufacturing process; and
(5) 
Identity of toxic organic chemicals that may be present in wastewater discharged to the sanitary sewer as a result of a regulated process or disposal, spill, leak, rinse water carryover, air pollution control, and other source.
(1996 Code, sec. 86-225)
The city administrator may require a person discharging to the city system to adopt and implement best management, source reduction and pollution prevention practices necessary to protect the city system.
(1996 Code, sec. 86-226)
A person shall comply with applicable local, state, and federal regulations on storage, handling, transportation and disposition of wastes and residues removed for off-site disposal from pretreatment facilities, or prohibited from discharge to the city system.
(1996 Code, sec. 86-228)
(a) 
The city administrator may make a determination that construction at an existing source of discharge results in a new source.
(b) 
The city administrator may not find that an existing source becomes a new source if construction on a site where an existing source is located does not create a new building, structure, facility or installation meeting the definition of new source under this chapter but otherwise alters, replaces, or adds to existing process or production equipment.
(c) 
The city administrator may determine that a source becomes a new source if the owner or operator has:
(1) 
Begun placement, assembly or installation of facilities or equipment, or significant site preparation work including clearing, excavation, or removal of an existing building, structure, or facility as part of a continuous onsite construction program; or
(2) 
Entered a contract to purchase facilities or equipment intended for operational use within a reasonable time, excluding options to purchase or contracts subject to termination or modification without substantial loss, or feasibility, engineering, and design study contracts.
(1996 Code, sec. 86-229)
A person operating a commercial or institutional food preparation business, including a food processor, bakery, restaurant, school, hospital, retirement home, assisted living center, grocery store or other commercial or institutional food preparation operation must construct, operate, and maintain a pretreatment facility approved by the city administrator.
(1996 Code, sec. 86-230)
A person operating a commercial vehicle or equipment wash facility with manual or automated equipment shall discharge drainage or wastewater through a pretreatment facility approved by the city administrator. A person operating a vehicle or equipment wash facility shall prevent drainage water from entering the sanitary sewer.
(1996 Code, sec. 86-231)
A person operating a vehicle or equipment minor repair business that performs engine tune-up, air conditioning repair, electrical repair, front end alignments, exhaust system repair, suspension system repair, or brake system repair, shall obtain the city administrator’s approval of the building design, size, and construction before discharging floor wash water to the city system through a pretreatment facility.
(1996 Code, sec. 86-232)
(a) 
A person operating a vehicle or equipment major repair business that performs engine dismantling, transmission repair, hydraulic system repair, differential repair, engine part rebuilding, or fluid changing, shall construct, operate, and maintain a pretreatment system approved by the city administrator.
(b) 
A person operating a vehicle or equipment major repair business may not discharge wastewater to the city system through a floor drain or other device unless the effluent produced consistently complies with the standards established in this chapter.
(c) 
A person operating a vehicle or equipment major repair business that does not maintain a pretreatment system or process shall:
(1) 
Discharge into a hold-haul tank of a design, size, and construction approved by the city administrator; or
(2) 
Physically separate the major vehicle or equipment maintenance and fluid change facility from building areas that drain to the city system.
(1996 Code, sec. 86-233)
A person operating a steam cleaning or chemical cleaning facility shall construct, install, or maintain a pretreatment facility or process approved by the city administrator prior to discharging wastewater to the sanitary sewer.
(1996 Code, sec. 86-234)
(a) 
A person seeking a permit must complete and file an application for a permit with the city administrator on the form provided by the city administrator and pay the application and permit fees established by ordinance.
(b) 
An application for a permit under this chapter must include:
(1) 
Name, title, address, and telephone number of the authorized representative for the applicant;
(2) 
Description or address of the location;
(3) 
Description of the activity and process conducted at the location;
(4) 
Description of the facility at the location;
(5) 
Nature and characteristics of the proposed discharge;
(6) 
A list of raw materials and chemicals used or stored at the location that may be discharged to the city system, intentionally or accidentally;
(7) 
Type, amount, process, and rate of product produced;
(8) 
Type and amount of raw materials processed, including the daily average and daily maximum;
(9) 
A copy of the site, floor, mechanical, and plumbing plans that show sewers, floor drains, and pretreatment facilities by size, location, elevation and points of origin; and
(10) 
Time and duration of discharge.
(c) 
The city administrator may require additional application information as necessary to determine compliance by the premises and proposed discharge.
(d) 
The authorized representative of the applicant must sign the application and make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
(1996 Code, sec. 86-236)
(a) 
A person assuming ownership, occupancy, or management of a premises covered by an existing permit shall apply for a transfer of the existing permit no later than the 30th day before the proposed transfer.
(b) 
The city administrator may transfer an existing permit if:
(1) 
The new owner, occupant or manager:
(A) 
Complies with the application requirements of this section; and
(B) 
Pays the permit transfer fee; and
(2) 
The discharge from the permitted premises complies with the requirements of this chapter at the time of the transfer.
(c) 
A person assuming ownership, occupancy, or management of a currently permitted premises shall file an application for a transfer of the permit with the city administrator on the form provided by the city administrator and pay a permit transfer fee.
(d) 
An application for transfer of an existing permit must include:
(1) 
Name, title, address, and telephone number of the authorized representative for the applicant;
(2) 
Description or address of the location;
(3) 
Description of the activity and the process conducted at the location;
(4) 
Description of the facility at the location;
(5) 
Nature and characteristics of the proposed discharge;
(6) 
A list of raw materials and chemicals used or stored at the location that may be discharged to the city system, intentionally or accidentally;
(7) 
Type, amount, process, and rate of product produced;
(8) 
Type and amount of raw materials processed, including the daily average and daily maximum;
(9) 
A copy of the site, floor, mechanical, and plumbing plans that show sewers, floor drains, and pretreatment facilities by size, location, elevation, and points of origin; and
(10) 
Time and duration of discharge.
(e) 
A person assuming ownership, occupancy or management of a premises covered by an existing permit shall certify that there has been no material change in:
(1) 
The equipment, facility or process used on the permitted premises; or
(2) 
The character, quantity, rate of flow, or other characteristics of the discharge.
(f) 
The city administrator may waive the permit application requirement for the transfer of a permit issued to a user that is not a significant industrial user.
(1996 Code, sec. 86-237)
(a) 
A person holding a permit shall send written notification to the city administrator identifying the authorized representative:
(1) 
Annually;
(2) 
Upon appointment of a different authorized representative; or
(3) 
As otherwise required by the city administrator.
(b) 
A person shall designate in writing an authorized representative and submit the name to the city administrator.
(c) 
An authorized representative under this section must be either:
(1) 
An individual; or
(2) 
For a significant industrial user, a position having responsibility for the overall operation of the facility from which a discharge originates, or environmental matters.
(d) 
If a change in personnel or policy requires a change to the authorized representative designation, a new designation under this section must be submitted to the city administrator before or with a report required to be signed by an authorized representative.
(1996 Code, sec. 86-238)
(a) 
A person holding a permit shall apply for a renewal no later than the 60th day before the expiration of an existing permit.
(b) 
The city administrator may renew an existing permit if the person holding the permit complies with the application requirements of this section and timely pays the invoice for the permit renewal fee.
(c) 
A significant industrial user shall apply for renewal of a permit renewal by filing a complete permit application form.
(d) 
The city administrator may waive the permit renewal application requirement for a user that is not a significant industrial user.
(e) 
The city administrator may issue a permit renewal notice to a user that is not a significant industrial user with an attached invoice for payment of the permit renewal fee.
(1996 Code, sec. 86-239)
(a) 
The city administrator may issue a permit for a multiple user facility that discharges prohibited waste to the city system.
(b) 
The owner, occupant, or manager of, or person who has contracted for water and wastewater service for a multiple user facility shall file an application for a permit with the city administrator on the form provided by the city administrator and pay a permit application fee.
(1996 Code, sec. 86-241)
(a) 
The city administrator may not approve an application for issuance, transfer or renewal of a permit unless the city administrator:
(1) 
Determines the application is complete, accurate, and meets the requirements of this chapter, or federal, state and local regulation;
(2) 
Completes an inspection of the premises;
(3) 
Approves the installation of required facilities or equipment; and
(4) 
Determines the proposed discharge complies with the requirements of this chapter.
(b) 
The city administrator may not issue a permit for a period of more than five years from the date of issuance.
(1996 Code, sec. 86-243)
The city administrator may deny an application for issuance, transfer or renewal of a permit if:
(1) 
The application contains false, incomplete, or inaccurate information;
(2) 
An unauthorized person files the application; or
(3) 
The applicant fails to comply with the requirements of this chapter, or federal, state or local requirements.
(1996 Code, sec. 86-244)
The city administrator may impose additional or more stringent conditions in a permit as necessary to:
(1) 
Prevent pass through or interference;
(2) 
Protect the water quality of the Austin System’s receiving waters;
(3) 
Protect public health and safety;
(4) 
Facilitate proper sludge management and disposal;
(5) 
Protect the city system and Austin System against damage;
(6) 
Require self-monitoring, reporting and record keeping by a person discharging wastewater to the city system;
(7) 
Provide access to a permitted facility to allow inspection, sampling, or enforcement activities under this chapter;
(8) 
Minimize wastewater treatment process expense;
(9) 
Ensure the Austin System compliance with the NPDES or TPDES permits, issued to the City of Austin;
(10) 
Protect ambient air quality; and
(11) 
Implement federal, state, and local pretreatment regulations.
(1996 Code, sec. 86-245)
The city administrator may modify a permit to:
(1) 
Incorporate a new or revised federal, state, or local pretreatment standard or requirement;
(2) 
Regulate an alteration or addition to a person’s operation, process or wastewater volume or character of discharge;
(3) 
Temporarily or permanently reduce or eliminate a previously authorized discharge to implement a change in the city system or sanitary sewer system;
(4) 
Respond to a threat to the city system, Austin System, sanitary sewer, receiving waters, treatment plant, or public health and safety caused by a discharge;
(5) 
Correct, abate, or prevent a recurrence of a violation of a term or condition of a permit;
(6) 
Respond to a misrepresentation or failure to fully disclose relevant facts in a permit application or a required report;
(7) 
Revise or grant a variance from categorical pretreatment standards;
(8) 
Correct a typographical, clerical or other ministerial error in the permit; or
(9) 
Reflect a transfer of a permitted facility to a new owner, occupant or manager.
(1996 Code, sec. 86-246)
(a) 
In addition to the other requirements in this chapter, a permit issued to a significant industrial user must include:
(1) 
A statement identifying:
(A) 
The person holding the permit;
(B) 
The premises from which the permitted discharge will be emitted; and
(C) 
The nature, characteristics, conditions, and limitations to the permitted discharge;
(2) 
The period during which the permit is effective;
(3) 
A statement that the permit is nontransferable without the city administrator’s approval;
(4) 
A requirement that the person holding the permit must provide a new owner, operator, or manager of a permitted premises with a copy of the permit;
(5) 
Effluent limits based on federal, state, and local regulation;
(6) 
Requirements for:
(A) 
Pretreatment;
(B) 
Self-monitoring;
(C) 
Sampling;
(D) 
Reporting;
(E) 
Notification; and
(F) 
Record keeping requirements, including identification of:
(i) 
Pollutants to be monitored;
(ii) 
Sampling locations;
(iii) 
Sampling frequency; and
(iv) 
Sample type;
(G) 
A statement of the civil, criminal, and administrative penalties for a violation of pretreatment standards, or other requirements of this chapter; and
(H) 
An applicable compliance schedule consistent with federal, state, and local regulation.
(b) 
To protect the city system, the city administrator may require that a permit issued to a significant industrial user include:
(1) 
A limit on:
(A) 
The average or maximum rate of discharge; or
(B) 
Time of discharge;
(2) 
Flow regulation and equalization requirements;
(3) 
A limit on the instantaneous daily and monthly average or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;
(4) 
Requirements for:
(A) 
The installation of pretreatment and monitoring technology;
(B) 
The installation of pollution controls; or
(C) 
Construction of an appropriate containment device designed to reduce, eliminate, or prevent the introduction of pollutants into the city system;
(5) 
Development and implementation requirements for a slug control plan, including management practices necessary to adequately prevent accidental or unanticipated discharges;
(6) 
Development and implementation requirements for a waste minimization plan to reduce the amount of pollutants discharged to the city system;
(7) 
A statement of the management and treatment unit charge or schedule of charges and fees for wastewater discharged to the city system;
(8) 
Installation and maintenance requirements for inspection and sampling facilities and equipment; or
(9) 
A statement that the permit is subject to modification by the city administrator in accordance with this chapter.
(c) 
The city administrator may make a determination under 40 CFR section 403.8(f)(6) that a person is not a significant industrial user if a person otherwise classified as a significant industrial user has no reasonable potential for adversely affecting the city system’s operation or for violating a pretreatment standard or requirement.
(1996 Code, sec. 86-247)
(a) 
In addition to the other requirements in this chapter, a permit issued to a user not classified as a significant industrial user must include:
(1) 
A statement identifying:
(A) 
The person holding the permit;
(B) 
The premises from which the permitted discharge will be emitted; and
(C) 
The nature, characteristics, conditions, and limitations to the permitted discharge;
(2) 
The dates during which the permit will be effective;
(3) 
A statement that the permit is nontransferable without notification to and approval by the city administrator;
(4) 
A requirement that the person holding the permit must provide a new owner, operator, or manager of a permitted premises with a copy of the permit;
(5) 
A statement of the civil, criminal, and administrative penalty for a violation of pretreatment standards, or other requirements of this chapter; and
(6) 
An applicable compliance schedule consistent with federal, state, and local regulation.
(b) 
To protect the city system, the city administrator may require that a permit issued to a user not classified as a significant industrial user include additional terms contained in section 18.04.045 (significant industrial users).
(1996 Code, sec. 86-248)
(a) 
Any person discharging extra strength wastewater to the city system on an emergency temporary basis shall pay a monthly surcharge in addition to a usual monthly sewer service charge.
(b) 
The city administrator shall calculate the surcharge under this section using cost factors based on the capital and operating cost of wastewater facilities necessary to treat extra strength wastewater to reduce excessive biochemical oxygen demand, chemical oxygen demand, and suspended solids.
(c) 
The city administrator shall compute the surcharge based on either the chemical oxygen demand or the biochemical oxygen demand category formulas set out in this section.
(d) 
Abbreviations and numeric values in this section mean:
(1) 
S: surcharge in dollars that will appear on the customer’s monthly bills;
(2) 
V: wastewater billed in millions of gallons during the billing period;
(3) 
8.34: pounds per gallon of water;
(4) 
A: unit charge in dollars per pound of biochemical oxygen demand;
(5) 
BOD: biochemical oxygen demand strength in milligrams per liter by weight;
(6) 
200 in the biochemical oxygen demand calculation in the biochemical oxygen demand formula means normal biochemical oxygen demand strength in milligrams per liter by weight;
(7) 
B: unit charge in dollars per pound for suspended solids;
(8) 
SS: suspended solids concentration in milligrams per liter by weight;
(9) 
200 in the suspended solids calculation in the biochemical oxygen demand and chemical oxygen demand formulas means normal suspended solids concentration in milligrams per liter by weight;
(10) 
C: unit charge in dollars per pound for chemical oxygen demand;
(11) 
COD: chemical oxygen demand strength in milligrams per liter by weight; and
(12) 
450: Normal chemical oxygen demand strength in milligrams per liter by weight.
(e) 
The city administrator shall use the following biochemical oxygen demand category formula to derive a surcharge for extra strength wastewater having a chemical oxygen demand concentration of less than 2.25 times that of the biochemical oxygen demand concentration:
S = V x 8.34 (A [BOD - 200] + B [SS - 200]).
(f) 
The city administrator shall use the following chemical oxygen demand category formula to derive a surcharge for extra strength wastewater having a chemical oxygen demand concentration of 2.25 or more times that of the biochemical oxygen demand concentration:
S = V x 8.34 (C [COD - 450] + B [SS - 200]).
(g) 
The city administrator may not assess a surcharge for one or more categories if the strength or concentration for biochemical oxygen demand, suspended solids or chemical oxygen demand is lower than or equal to the normal strength wastewater for that category.
(h) 
The city administrator may periodically reevaluate a unit charge based on flow rate, biochemical oxygen demand, chemical oxygen demand, and suspended solids and adjust a surcharge to reflect an increase or decrease in wastewater treatment and other applicable costs.
(i) 
The city administrator may assess a surcharge against a person who discharges extra strength wastewater to the city system based on the person’s site-specific wastewater discharge quality and quantity data, or a surcharge classification system.
(j) 
A person discharging wastewater to the city system must notify the city administrator of major changes in operation that may affect the quantity or quality of wastewater discharged. If the person does not notify the city administrator of a change that results in a lower surcharge, the city administrator shall base the surcharge on the data available to the city administrator at the time the surcharge is billed.
(k) 
A person who discharges waste with a concentration of one or more categories of biochemical oxygen demand, chemical oxygen demand or suspended solids lower than or equal to normal strength wastewater is not entitled to credit for the total surcharge assessed by the city administrator.
(l) 
The city administrator may periodically reevaluate flow rate, biochemical oxygen demand, chemical oxygen demand or suspended solids data based on site-specific discharge data or a classification system and adjust a specific user’s surcharge to reflect any change in the discharge.
(1996 Code, sec. 86-249)
(a) 
A person who applies for a removal credit must pay all costs connected with the removal credit study and the application, including costs incurred by the city. A person must notify the city administrator in writing of the person’s assumption of responsibility for costs incurred by the city.
(b) 
The city administrator and the city attorney shall review and approve an application for removal credit.
(c) 
The city administrator may grant a removal credit in compliance with state and federal regulation.
(1996 Code, sec. 86-250)
The city administrator shall bill the owner, occupant, or manager of a multiple user facility for disposal of the waste discharged.
(1996 Code, sec. 86-251)
(a) 
The city administrator may require a person to install a flow equalization tank to prevent:
(1) 
Pass through;
(2) 
Interference;
(3) 
Collection system overload;
(4) 
Treatment plant upset;
(5) 
Inadequate treatment; or
(6) 
Damage to the city system or Austin System.
(b) 
A person shall submit plans for construction of a flow equalization tank to the city administrator for review and approval before construction.
(c) 
A person required to install a flow equalization tank shall operate and maintain the equipment in compliance with manufacturer’s specifications.
(1996 Code, sec. 86-253)
(a) 
The city administrator or a state or federal regulatory agency may install and maintain equipment and personnel necessary to conduct surveillance, survey, sample, meter, or monitor a premises or facility discharging wastewater containing industrial waste or other prohibited waste.
(b) 
The city administrator may require a person to install monitoring and recording equipment the city administrator determines is necessary to monitor wastewater parameters and characteristics including:
(2) 
Dissolved oxygen;
(3) 
Total carbon;
(4) 
Oxidation reduction potential;
(5) 
Temperature;
(6) 
Conductivity;
(7) 
Specific ions;
(8) 
Flow;
(9) 
Total organic carbon;
(10) 
Lower explosive limit; and
(11) 
Sulfides.
(c) 
The city administrator shall monitor the quality and volume of discharge from a multiple user facility.
(1996 Code, sec. 86-254)
(a) 
The city administrator may require a person discharging industrial waste or prohibited waste into the city system to install equipment necessary to measure the flow at a designated point.
(b) 
The city administrator may determine the volume of wastewater to be discharged by a person to the city system based on:
(1) 
Actual metered flow of water measured through the customer’s water meter;
(2) 
The average of the actual metered flow of water through the customer’s water meter for the winter wastewater averaging months; or
(3) 
Actual metered flow of water measured through a water meter or wastewater flow meter of a design, size, construction, and installation approved by the city administrator.
(1996 Code, sec. 86-255)
(a) 
The city administrator may sample and inspect wastewater discharged or deposited to the city system by significant industrial users:
(1) 
Annually; or
(2) 
More frequently as necessary to protect the city system.
(b) 
The city administrator may periodically sample and inspect wastewater discharged or deposited to the city system by a person not classified as a significant industrial user.
(c) 
The city administrator shall collect samples representative of the character and concentration of the wastewater under operational conditions. The city administrator may determine the schedule or program for sampling wastewater.
(d) 
A person may request that the city administrator sample wastewater discharged at any time, provided the person pays the full cost of sampling and analysis. The city administrator is not required to perform additional requested sampling.
(e) 
In the event that the city administrator determines that a sample contains a prohibited pollutant in a different amount or concentration than a wastewater sample taken by a person subject to self-sampling or self-monitoring, the measurement taken by the city administrator shall be determinative.
(1996 Code, sec. 86-256)
(a) 
A person engaged in an industry subject to national pretreatment requirements promulgated by EPA shall follow the self-monitoring and reporting requirements published in the Federal Register.
(b) 
The city administrator may authorize a person who discharges waste to the sanitary sewer to:
(1) 
Take periodic samples;
(2) 
Analyze the samples for the presence or quantity of prohibited pollutants; and
(3) 
Report the results to the city administrator.
(1996 Code, sec. 86-257)
An authorized representative shall sign the following reports and the reports must contain the certification set out in section 18.04.034 (application requirements):
(1) 
Baseline monitoring reports from existing categorical user;
(2) 
Baseline monitoring report from new source categorical user;
(3) 
Categorical pretreatment standard compliance deadline report; and
(4) 
Periodic reports required from a significant industrial user or other user.
(1996 Code, sec. 86-258)
No later than the 180th day after the effective date of a categorical pretreatment standard or the date of the final administrative decision on a category determination under 40 CFR section 403.6(a)(4), existing categorical users currently discharging or scheduled to discharge to the city system, shall submit a report to the city administrator in compliance with the requirements of section 18.04.059 (information required from a person subject to categorical pretreatment standards).
(1996 Code, sec. 86-259)
(a) 
No later than the 90th day before beginning discharge, a new source significant industrial user or a source that becomes a significant industrial user after the promulgation of a categorical pretreatment standard must submit a report to the city administrator in compliance with the requirements of section 18.04.059 (information required from a person subject to categorical pretreatment standards), together with a report describing the pretreatment method the user intends to use to meet applicable pretreatment standards.
(b) 
New source significant industrial users shall give estimates of information showing:
(1) 
The measured average daily and maximum daily flow in gallons per day to the city system from regulated process and other wastewater sufficient to allow calculation of the combined waste stream formula set out in 40 CFR section 403.6(e);
(2) 
Measurement of pollutants;
(3) 
Identification of the categorical pretreatment standards applicable to the regulated process; and
(4) 
The results of a sampling and analysis representative of daily operations:
(A) 
Performed in accordance with approved techniques set out in 40 CFR part 136; and
(B) 
If required by an applicable pretreatment standard or the city administrator, identifying the nature and concentration or mass of regulated pollutants in the discharge from the regulated process including:
(i) 
Instantaneous;
(ii) 
Daily maximum; and
(iii) 
Average concentration or mass.
(1996 Code, sec. 86-260)
Existing or new source categorical users shall submit the following information to the city administrator in reports under this article:
(1) 
The name and address of the facility;
(2) 
The name of the owner, operator, or manager of the facility;
(3) 
A list of environmental control permits held by or for the facility;
(4) 
A brief description of the nature, average rate of production, and standard industrial classification or North American Industry Classification System classification of the operation conducted by the user including a schematic process diagram that indicates points of discharge to the city system from the regulated process;
(5) 
Information showing the measured average daily and maximum daily flow in gallons per day to the city system from regulated process and other wastewater sufficient to allow calculation of the combined waste stream formula set out in 40 CFR section 403.6(e);
(6) 
Measurement of pollutants;
(7) 
Identification of the categorical pretreatment standards applicable to the regulated process;
(8) 
The results of a sampling and analysis representative of daily operations:
(A) 
Performed in accordance with approved techniques set out in 40 CFR Part 136; and
(B) 
If required by an applicable pretreatment standard or the city administrator, identifying the nature and concentration or mass of regulated pollutants in the discharge from the regulated process including:
(i) 
Instantaneous;
(ii) 
Daily maximum; and
(iii) 
Average concentration or mass;
(9) 
A statement reviewed by its authorized representative and certified to by a qualified technician indicating:
(A) 
That the user meets pretreatment standards on a consistent basis; or
(B) 
If the user does not meet pretreatment standards, additional operation and maintenance or additional pretreatment necessary to meet the pretreatment standards and requirements; and
(10) 
A compliance schedule, if applicable.
(1996 Code, sec. 86-261)
(a) 
If additional pretreatment or operation and maintenance are required to meet a pretreatment standard, a user shall immediately perform the additional pretreatment or operations and maintenance.
(b) 
A compliance schedule under this article shall:
(1) 
Include a completion date not later than the compliance date in the pretreatment standard;
(2) 
Achieve the compliance requirements set by the city administrator;
(3) 
Include progress increments, not to exceed nine months, or benchmarks showing the dates for commencement and completion of major events necessary to meet pretreatment standards, including:
(A) 
Employment of an engineer;
(B) 
Completion of preliminary and final plans;
(C) 
Execution of contracts;
(D) 
Commencement and completion of major component construction; and
(E) 
Pre-operation testing.
(c) 
A person required to submit a compliance schedule under this article shall also file a progress report, no later than the 14th day after the date of a major event in a compliance schedule or the date of final compliance.
(d) 
A progress report filed under this section shall include a statement that:
(1) 
The person is in compliance with the progress increment; or
(2) 
Explains the reason for delay, and the action taken to achieve the established schedule.
(1996 Code, sec. 86-262)
(a) 
A person shall file a report with the city administrator no later than the 90th day after:
(1) 
The date of final compliance with a categorical pretreatment standard; or
(2) 
In the case of a new source, the date wastewater is first introduced into the city system.
(b) 
A report filed under this section must contain:
(1) 
Information showing the measured average daily and maximum daily flow in gallons per day to the city system from a regulated process and other wastewater sufficient to allow calculation of alternate limits using the combined waste stream formula set out in 40 CFR section 403.6(e);
(2) 
Measurement of pollutants;
(3) 
Identification of the categorical pretreatment standards applicable to the regulated process;
(4) 
The results of a sampling and analysis representative of daily operations:
(A) 
Performed in accordance with approved techniques set out in 40 CFR Part 136; and
(B) 
If required by an applicable pretreatment standard or the city administrator, identifying the nature and concentration or mass of regulated pollutants in the discharge from the regulated process including:
(i) 
Instantaneous;
(ii) 
Daily maximum; and
(iii) 
Average concentration or mass; and
(5) 
A statement reviewed by its authorized representative and certified to by a qualified technician indicating:
(A) 
That the user meets pretreatment standards on a consistent basis; or
(B) 
If the user does not meet pretreatment standards, additional operation and maintenance or pretreatment necessary to meet the pretreatment standards and requirements.
(c) 
A significant industrial user subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR section 403.6(c) shall report a reasonable estimate of the significant industrial user’s long term production rate.
(d) 
Other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge for each unit of production or other measure of operation, shall report the user’s actual production or other measure of operation.
(1996 Code, sec. 86-263)
(a) 
A significant industrial user subject to a pretreatment standard shall submit to the city administrator a written, signed and certified report at least twice each calendar year on the dates specified by the city administrator.
(b) 
A report under this section shall include the information required in section 18.04.059 (information required from a person subject to categorical pretreatment standards).
(c) 
The city administrator may require a person who generates waste discharged, deposited or otherwise received for treatment at the city system to report:
(1) 
The nature and concentration of pollutants in the discharge;
(2) 
The origin of the waste; and
(3) 
Other information as the city administrator considers necessary to identify and process the waste or to protect the city system or the Austin System.
(d) 
If the city administrator imposes mass limitations on an user under 40 CFR section 403.6 (d), the user shall include the mass of pollutants in the user’s discharge regulated by the pretreatment standards in the periodic report required under this section.
(e) 
If the city administrator has imposed equivalent mass or concentration limits on an user under 40 CFR section 403.6 (c), the user shall include a reasonable estimate of the user’s long-term production rate in the periodic report required under this section.
(f) 
Users subject to categorical pretreatment standards expressed only in terms of allowable pollutant discharge for each unit of production or other measure of operation, shall include the user’s actual average production rate for the reporting period in the periodic report required in this section.
(1996 Code, sec. 86-264)
(a) 
For the purpose of this section a significant change is a flow increase of ten percent or more, or the discharge of a previously unreported pollutant.
(b) 
A person discharging wastewater with the potential to alter the nature, quality, or volume of the wastewater in the city system or a portion of the sanitary sewer shall notify the city administrator of planned significant changes to the person’s operations or wastewater treatment system, not later than the earliest of:
(1) 
The 30th day before the person implements the change;
(2) 
The date required by the person’s permit; or
(3) 
The date prescribed by the standards and procedures contained in this section.
(c) 
The city administrator may require a person who discharges wastewater to the city system to submit information necessary to evaluate a changed condition in the person’s operations or wastewater treatment system, including an application for a permit.
(d) 
The city administrator may issue a permit or modify an existing permit based on a report of changed conditions.
(e) 
A person may not implement a planned significant change until the city administrator has acted on the person’s notice under this section.
(1996 Code, sec. 86-265)
(a) 
A person shall immediately notify the city administrator by telephone if a discharge occurs which may cause a potential problem for the city system or Austin System, or a violation of the prohibited discharge standards established under this chapter, including:
(1) 
An accidental discharge;
(2) 
A nonroutine, episodic discharge;
(3) 
A noncustomary batch discharge; or
(4) 
A slug discharge.
(b) 
Notice under this section must include:
(1) 
The location of the discharge;
(2) 
The type of waste or pollutant discharged;
(3) 
The concentration and volume of waste or pollutant discharged;
(4) 
Treatability of the waste or pollutant;
(5) 
Toxic effects to humans; and
(6) 
Corrective actions taken.
(c) 
No later than the fifth day after the discharge, the person responsible for the discharge must submit a written report to the city administrator describing:
(1) 
The nature and cause of the discharge; and
(2) 
Preventative measures that will be taken to prevent similar future occurrences.
(d) 
The city administrator may, in writing, waive the requirement of a report under this section.
(e) 
A person providing notification under this section is not relieved of liability for loss, expense, damage, or other injury that may occur as a result of the discharge.
(1996 Code, sec. 86-266)
A person discharging wastewater containing prohibited waste shall permanently post notice of procedures for reporting problem discharges in a prominent place. A person shall inform an employee who causes a problem discharge or is responsible for reporting a problem discharge of the notification requirements and procedures under this section.
(1996 Code, sec. 86-267)
A person who discharges wastewater containing prohibited waste to the city system shall provide the city administrator with reports and information that the city administrator considers necessary to monitor and evaluate a particular discharge.
(1996 Code, sec. 86-268)
A person who discharges wastewater containing prohibited waste to the city system and who performs sampling that indicates a violation of this chapter shall notify the city administrator no later than 24 hours after becoming aware of the violation.
(1996 Code, sec. 86-269)
(a) 
A person who discharges waste to the city system that, if otherwise disposed of, would be hazardous waste under 40 CFR part 261, shall notify the city administrator, the city maintenance and operations company, City of Austin director, the EPA, and the TCEQ of the discharge.
(b) 
Notification under this section must include:
(1) 
The name of the hazardous waste as described in 40 CFR part 261;
(2) 
The EPA hazardous waste identification number; and
(3) 
The type of discharge.
(c) 
A person shall provide the notification required under this section no later than the 180th day after the discharge of the hazardous waste begins. Except as provided in subsection (d), a person must submit notification only once under this section for each hazardous waste discharged.
(d) 
If a person discharges more than 100 kilograms of waste subject to this section to the city system in a calendar month, written notification under this section must include:
(1) 
Identification of the hazardous constituents contained in the waste;
(2) 
An estimate of the mass and concentration of the hazardous constituents in the waste stream discharge during the current calendar month; and
(3) 
An estimate of the mass of hazardous constituents that will be discharged in the waste stream during the following 12-month period.
(e) 
Except as provided in subsection (f), a person discharging less than 15 kilograms of hazardous waste not classified as acute hazardous waste under 40 CFR sections 261.30(d) and 261.33(e) during a calendar month is exempt from the notification requirements of this section.
(f) 
A pollutant previously reported under the self-monitoring requirements in this chapter does not need to be identified in the notification required under this section.
(g) 
A person must provide written notification to the city administrator, City of Austin director, the EPA and the TCEQ upon the first discharge of:
(1) 
More than 15 kilograms of nonacute hazardous waste in a calendar month; or
(2) 
A quantity of acute hazardous wastes under 40 CFR sections 261.30(d) and 261.33(e).
(h) 
A person shall notify the city administrator, the city maintenance and operations company, City of Austin director, the EPA, and the TCEQ of the discharge of a substance newly identified as hazardous under section 3001 of the Resource Conservation and Recovery Act no later than the 90th day after the effective date of the regulation identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste.
(i) 
A person required to provide notification made under this section shall certify that a program to reduce the volume and toxicity of hazardous waste is installed and functional.
(1996 Code, sec. 86-270; Ordinance 279 adopted 9/25/13)
(a) 
A person discharging wastewater containing prohibited waste to the city system or disposing of waste off-site shall retain and make available for inspection and copying by the city administrator all records and information required under this chapter.
(b) 
Unless federal or state law requires information to be retained for a longer period, a person shall retain records under this chapter for at least three years from the date the record is created.
(c) 
The records retention period is automatically extended for:
(1) 
The duration of compliance litigation under this chapter; or
(2) 
A longer period set by an enforcement order issued under this chapter.
(1996 Code, sec. 86-271)
A person who may assert the trade secret exception to disclosure under chapter 552 (Public Information Act) of the Texas Government Code must clearly mark “confidential business information” on each page that contains proprietary information.
(1996 Code, sec. 86-272)
(a) 
Except as otherwise provided by a categorical pretreatment standard, a person who samples or analyzes wastewater under this chapter must perform the sampling or analysis in accordance with the techniques prescribed in 40 CFR part 136.
(b) 
If 40 CFR part 136 does not contain sampling or analytical techniques for a pollutant found in wastewater released to the city system, a person must perform sampling and analysis in accordance with procedures approved by EPA.
(1996 Code, sec. 86-273)
(a) 
Except as otherwise provided in this section or by applicable federal, state, or local law, a person that discharges wastewater containing industrial waste or other prohibited waste must collect a wastewater sample using flow proportional composite collection techniques.
(b) 
If the city administrator determines that flow proportional sampling is not feasible, the city administrator may authorize the use of:
(1) 
Time proportional sampling;
(2) 
Sampling of a minimum of four grab samples; or
(3) 
Other applicable approved sampling procedure provided that the procedure collects a representative sample of the discharged effluent.
(c) 
A person shall use grab collection techniques to obtain samples of fat, oil, grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals.
(1996 Code, sec. 86-274)
(a) 
In addition to the self-reporting requirements in this chapter, a person discharging wastewater containing prohibited waste who conducts a sample and analysis that indicates a violation of this chapter must:
(1) 
Repeat the sampling and analysis; and
(2) 
Submit the results of the repeat analysis to the city administrator not later than the 30th day after becoming aware of the violation.
(b) 
A person is not required to conduct repeat sampling and analysis under this section if the city system:
(1) 
Monitors the person’s premises at least once each month; or
(2) 
Conducts a sampling between the initial self-sampling and receipt by the person of the results of the sample analysis.
(1996 Code, sec. 86-275)
(a) 
A person shall use wastewater samples representative of actual discharge as the basis of a periodic report filed with the city administrator.
(b) 
A person shall maintain and operate wastewater monitoring and flow measurement facilities in good working order. A user may not submit a sample result that is not representative of an operation’s discharge based on the user’s failure to keep its monitoring facility in good working order.
(c) 
A person subject to categorical reporting requirements shall include the results from all approved methods used to monitor a pollutant in the periodic report to the city administrator, including results obtained by monitoring conducted more frequently than required by the city administrator.
(1996 Code, sec. 86-276)
(a) 
The city administrator or an approval authority representative may enter the premises of a person to determine if the person is in compliance with the requirements of this chapter or a permit or order issued under this chapter. The city administrator may enter a public easement or private property where a portion of the sewer system is located.
(b) 
The city administrator or an approval authority representative may:
(1) 
Enter, inspect, sample, monitor or conduct surveillance or enforcement activities relating to the sewer system servicing a premises;
(2) 
Enter a premises to gain access to a source of industrial waste or other prohibited waste or discharge; and
(3) 
Inspect pretreatment, sampling, or monitoring equipment, method of pretreatment, monitoring, or record required under this chapter.
(c) 
A person discharging or proposing to discharge wastewater to the city system or sanitary sewer shall, at the person’s sole expense, promptly remove security barriers or other obstacles to access by the city administrator or an approval authority representative.
(d) 
A person who fails to remove an obstruction or unreasonably delays access by the city administrator, his agent, or an approval authority representative to premises discharging to the city system commits an offense.
(1996 Code, sec. 86-278)
The city administrator may seek issuance of a search warrant from a municipal court or other court of competent jurisdiction if the city administrator has been refused access to a building, structure, property, or premises and can demonstrate that the city administrator has probable cause to believe that:
(1) 
A violation of this chapter, a permit, or other enforcement order exists;
(2) 
There is a need to conduct a routine compliance inspection or to protect public health or safety; or
(3) 
There is an emergency affecting public health or safety.
(1996 Code, sec. 86-279)
(a) 
A person violating this chapter commits an offense. An offense under this chapter is a class C misdemeanor, punishable in accordance with section 1.01.013 (offenses; general penalty). Each occurrence of a violation of this chapter is a separate offense.
(b) 
Proof of a culpable mental state is not required for a conviction of an offense under this chapter.
(1996 Code, sec. 86-280)
(a) 
If a person has received actual notice of the provisions of this chapter and acts in violation of this chapter or fails to take action to comply with this chapter, or federal, state or local regulations, the city may initiate a suit:
(1) 
To recover a civil penalty not to exceed $5,000.00 a day for each violation;
(2) 
To obtain injunctive relief;
(3) 
To recover expenses, loss or damage to city property; or
(4) 
For other available relief.
(b) 
Each day or part of a day during which noncompliance occurs constitutes a separate violation. Initiation of a civil suit does not prevent other action against a person for violations of this chapter.
(1996 Code, sec. 86-281)
(a) 
Upon informal written or verbal notice, the city administrator may suspend water and wastewater service and disconnect a premises from the city’s wastewater system if the city administrator determines that an actual or threatened discharge:
(1) 
Presents an imminent danger to public health or safety;
(2) 
Presents an imminent danger of pass through;
(3) 
Presents a threat to the environment; or
(4) 
Threatens to interfere with the operation of the city system.
(b) 
A person notified of the suspension of the person’s service shall immediately stop the discharge or eliminate its contribution to the waste stream.
(c) 
If a person fails to immediately comply with an emergency suspension order, the city administrator may take necessary measures to prevent or minimize damage to the city system, the environment, the public, or property.
(d) 
The city administrator may not allow a discharge to continue if termination proceedings have been initiated. Evidence that the danger caused by a discharge has ceased does not affect the suspension authorized by this section. The city administrator is not required to provide a hearing before authorizing an emergency suspension.
(1996 Code, sec. 86-282)
The city administrator may revoke a permit if a person violates this chapter, or other federal, state, or local wastewater pretreatment regulation.
(1996 Code, sec. 86-283)
If the city administrator determines that a person has violated this chapter, a permit, or enforcement order, the city administrator may:
(1) 
Order the person to terminate discharge to the city system; and
(2) 
Enforce termination of the discharge by severing the person’s sewer connection.
(1996 Code, sec. 86-284)
If the city administrator determines that a person has violated this chapter, a permit, or enforcement order, the city administrator may issue an order terminating water or wastewater service to the person’s premises.
(1996 Code, sec. 86-285)
If the city administrator determines that a person has violated this chapter, a permit, enforcement order, or agreement, the city administrator may recover the economic benefit accrued to the person due to the person’s noncompliance, including:
(1) 
The cost benefit resulting from the delay or avoidance of:
(A) 
Capital costs that would have been incurred for compliance; and
(B) 
Operation and maintenance costs that would have been incurred for compliance, including the cost of labor, utilities, chemicals, supplies, replacement parts, overhead, monitoring, permit fees, and other fixed or variable costs;
(2) 
A reasonable investment rate of return on the cost benefit calculated under subsection (1);
(3) 
The value of a competitive advantage derived by the person attributable to the person’s noncompliance, including increased profit or market share compared to competitors in compliance; and
(4) 
Other economic benefit the city administrator may determine.
(1996 Code, sec. 86-286)
The remedies authorized under this chapter are cumulative unless specifically prohibited by state or federal regulation.
(1996 Code, sec. 86-287)
(a) 
A person may be held liable for a violation of this chapter if the person:
(1) 
Commits or assists in the commission of a violation;
(2) 
Is an authorized representative under this chapter; or
(3) 
Is the owner, occupant, tenant, or manager of premises, property or a facility that is the source of a discharge in violation of this chapter.
(b) 
A person who violates this chapter is liable to the city for expenses, loss or damage incurred as a result of the violation.
(1978 Code, sec. 86-288)
(a) 
The city administrator may serve a written or verbal notice of violation on a person the city administrator determines has violated or is violating:
(1) 
This chapter;
(2) 
The conditions of a permit or order issued under this chapter; or
(3) 
Other pretreatment standard or requirement.
(b) 
A notice of violation shall describe the violation and state that, no later than the 14th day after receipt of the notice, a person must provide to the city administrator with an explanation of the violation and a plan for the satisfactory correction and prevention, including specific actions for correction of the violation.
(c) 
A person who submits a proposed corrective plan under this section is not relieved of criminal or civil liability for a violation of this chapter.
(1978 Code, sec. 86-289)
(a) 
The city administrator may accept from a person responsible for a violation under this chapter a written assurance of voluntary compliance, or issue a consent order or similar document that establishes an agreement for voluntary compliance.
(b) 
An agreement under this section must:
(1) 
Describe the violation;
(2) 
Describe the specific action the person must take to correct the violation;
(3) 
Specify the time period for the person to complete the corrective action;
(4) 
Be signed and dated by the person responsible for compliance; and
(5) 
Be judicially enforceable.
(c) 
The city administrator may take action to enforce compliance with an agreement under this section.
(1996 Code, sec. 86-290)
(a) 
The city administrator may order a person responsible for a violation of this chapter, a permit, or a pretreatment standard or requirement to appear before the city administrator and show cause why a proposed enforcement action should not be taken.
(b) 
The city administrator shall serve notice to a person under this section including:
(1) 
The time and place for a hearing;
(2) 
The nature of the violation;
(3) 
The proposed enforcement action;
(4) 
The reasons for the enforcement action; and
(5) 
A request that the person show cause why the proposed enforcement action should not be taken.
(c) 
The city administrator must serve notice under this section in person or by certified mail, return receipt requested, no later that the third day before the hearing. Notice may be served on an employee, agent or other authorized representative of a person responsible for a violation.
(d) 
The city administrator may take immediate enforcement action following the noticed hearing.
(e) 
The city administrator is not required to hold a show cause hearing prior to taking action against a person for a violation of this chapter. Issuance of notice under this section does not prevent the city administrator from pursuing emergency action if the city administrator determines the action is required to prevent pass through, damage to the city system or sanitary sewer, or interference with the city system.
(1996 Code, sec. 86-291)
(a) 
If the city administrator determines that a person has violated or continues to violate this chapter, a permit, enforcement order, or a pretreatment standard or requirement, the city administrator may issue an order to the person directing the person to correct the violation within a specified time period.
(b) 
If a person does not comply within the time period provided, the city administrator may discontinue and disconnect water or wastewater service to the noncompliant premises unless the person installs and operates a treatment facility, device, or equipment sufficient to ensure compliance.
(c) 
The city administrator may order other requirements necessary to protect the city system or sanitary sewer including additional self-monitoring, reporting and waste management practices designed to minimize the amount of pollutants discharged to the city system.
(d) 
The city administrator shall not issue a compliance order that extends a compliance deadline established for a pretreatment standard or requirement established by federal law or by EPA order or regulation.
(1996 Code, sec. 86-292)
If the city administrator determines that a person is violating this chapter, a permit, or enforcement order, or that past violations committed by the person are likely to recur, the city administrator may issue an order directing the person to:
(1) 
Immediately cease and desist the violations;
(2) 
Immediately comply with requirements of this chapter, a permit, or enforcement order; and
(3) 
Take necessary remedial or preventive action to address a present, continuing or threatened violation, including halting operations or terminating the wastewater discharge to the city system.
(1996 Code, sec. 86-293)
The city administrator may cancel a permit for the following reasons:
(1) 
Abandonment of the permitted facility;
(2) 
Vacancy or nonuse of the permitted facility for 90 days or more;
(3) 
Cessation of operations that required a permit;
(4) 
Transfer of the permitted facility to a new owner, occupant or manager; or
(5) 
Issuance of a new or modified permit.
(1996 Code, sec. 86-294)
(a) 
A person aggrieved by an administrative decision, interpretation or ruling by the city under this chapter may appeal by filing a written appeal with the city administrator no later than the 30th day after the issuance of the decision, interpretation, or ruling, and delivering a copy of the appeal to the city attorney.
(b) 
An appeal under this section must include:
(1) 
The name and address of the person making the appeal;
(2) 
A statement of facts;
(3) 
A copy of the disputed ruling or evidence of a refusal to make a ruling; and
(4) 
The reason the ruling should be set aside or, if there was no ruling, the reason a ruling is required.
(1996 Code, sec. 86-295)
(a) 
No later than the 60th day after receipt of an appeal, the city administrator may conduct an informal hearing.
(b) 
If the city administrator elects to conduct an informal hearing, the city administrator shall notify the person appealing of the time and place of the hearing and provide the person with a copy of any rules relating to an informal hearing.
(c) 
At an informal hearing, the city administrator may:
(1) 
Allow the person who filed the appeal to make a presentation of the person’s position and statement of facts; and
(2) 
Consider the position and statement of facts presented by utility staff.
(d) 
The city administrator shall issue a written decision no later than the 30th after the date of an informal hearing. The decision of the city administrator is final and is not subject to further administrative appeal.
(e) 
The city administrator may establish rules for conduct of an informal hearing, except that the city administrator may not require the use of formal adjudicatory techniques or rules of evidence.
(f) 
An appeal filed under this chapter does not stay an enforcement action pending the city administrator’s decision.
(g) 
The city administrator may not grant a waiver or variance under this chapter in a ruling on an informal hearing. The city administrator’s decision is limited to affirming or overruling the decision, interpretation, or ruling under appeal, or the application of a rule to the person who filed the appeal.
(1996 Code, sec. 86-296)
It is an affirmative defense to prosecution for a violation of the general prohibitions under subsections 18.04.003(2) and (3) (general prohibitions against discharge) and the specific prohibitions under subsections 18.04.004(4), (7), (10), (14), (15), and (17) (specifically prohibited pollutants) that the person did not know, or have reason to know, that the person’s discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference, and:
(1) 
Immediately before and during the pass through or interference, the person was in compliance with a local limit for the discharged pollutant causing the pass through or interference; or
(2) 
No local limit exists for the pollutant that caused the pass through or interference, and the discharge:
(A) 
Did not change substantially in nature or constituents from an earlier discharge during which the city system was in compliance with the NPDES or TPDES permits, and
(B) 
In the case of interference, the city system was in compliance with applicable sludge use or disposal requirements.
(1996 Code, sec. 86-297)
(a) 
It is an affirmative defense to prosecution for violation of the prohibitions against bypass under section 18.04.009 (bypass), that:
(1) 
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage, and the person causing or allowing the bypass complied with the notice requirements in section 18.04.009 (bypass); or
(2) 
No feasible alternatives to the bypass existed, including the use of an auxiliary treatment facility, retention of untreated waste, or preventative maintenance during a normal period of equipment downtime.
(b) 
A person may not assert an affirmative defense to prosecution for a bypass occurring during a normal period of equipment downtime or preventative maintenance, if the person should have, in the exercise of reasonable engineering judgment, installed adequate backup equipment to prevent a bypass.
(1996 Code, sec. 86-298)
It is an affirmative defense to prosecution in an action brought in state or municipal court for a violation of this chapter that the violation was caused solely by an act of God, war, strike, riot, or other catastrophe.
(1996 Code, sec. 86-299)
(a) 
In this section, significant noncompliance means:
(1) 
Chronic violations of wastewater discharge limits in which 66 percent or more of wastewater measurements taken for a pollutant parameter during a six-month period exceed by any amount the daily maximum limit or average limit for the pollutant parameter;
(2) 
Technical review criteria violations in which 33 percent or more of wastewater measurements taken for the pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the following criteria:
(A) 
1.4 for biochemical oxygen demand, total suspended solids, fat, oil and grease; and
(B) 
1.2 for other pollutants except pH;
(3) 
Discharge violations that the city administrator believes have caused, alone or in combination with other discharges, interference or pass through;
(4) 
Discharge of pollutants that has caused imminent endangerment to the public or to the environment, or that otherwise has resulted in the city’s exercise of its emergency authority to halt or prevent the discharge;
(5) 
Failure to meet, no later than the 90th day after the scheduled date, a compliance schedule milestone contained in a permit or enforcement order for starting construction, completing construction, or otherwise attaining final compliance;
(6) 
Failure to provide no later than the 30th day after the due date, a required report, including a baseline monitoring report, 90-day compliance report, periodic self-monitoring report, and a report on compliance with a compliance schedule;
(7) 
Failure to accurately report noncompliance; or
(8) 
Other violation that the city administrator determines has or may adversely affect the operation or implementation of the pretreatment program.
(b) 
The city administrator may annually publish public notification in the largest daily newspaper circulated in the city a list of the users that the city administrator has determined to be in significant noncompliance with applicable pretreatment requirements during the previous 12 months.
(1996 Code, sec. 86-300)