When used in this article, these terms shall be defined as follows:
Any industrial waste discharged into the authority sanitary
sewer which, when analyzed, shows by weight a daily average total
suspended solids (TSS) concentration greater than 240 mg/l or a biochemical
oxygen demand (BOD) concentration greater than 210 mg/l. In addition,
the director 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 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 executive director of the state commission on environmental
quality (TCEQ) where the state has been delegated NPDES permit authority
and has an approved pretreatment program.
The City of Sansom Park, Texas.
Authorized representatives (authorized signatories) for wastewater discharge permit applications and for reports submitted under section 13.06.094 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 initiating and directing other comprehensive
measures to assure long-term environmental compliance with environmental
laws and regulations, and 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; and
The written authorization is submitted to the city.
|
If an authorization is no longer accurate because a different
individual or position has responsibility, a new authorization must
be submitted to the city prior to or together with any reports signed
by an authorized representative.
|
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the prohibitions
listed in division 2 of this article (40 CFR 403.5(a)(1) and (b))
and to prevent or reduce pollution. 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, as specified
in “Standard Methods,” in five days at twenty (20) degrees
centigrade, expressed as parts per million by weight or in terms of
milligrams per liter.
The intentional diversion of waste streams 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 the EPA in accordance with section 307 of the Clean Water Act that
apply to specified process wastewaters of particular industrial categories
(40 CFR 403.6 and parts 405–471).
Code of Federal Regulations.
A 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)
Composed of sampling aliquots collected at consistent time intervals
and proportioned in volume according to stream flow; or
Composed of sampling aliquots of consistent volume that are
collected at time intervals proportioned according to stream flow.
Flow proportional composites will be used only in locations
that have the capability to measure flow during the sampling period.
Containing a harmful quantity of any substance.
The City of Fort Worth, Texas, as holder of the respective
Texas Pollutant Discharge Elimination System (TPDES) permit.
Uncontaminated cooling water.
Water used for cooling purposes only which has no direct
contact with any raw material, intermediate, or final product and
which does not contain a level of contaminants detectably higher than
that of the intake water. Also known as noncontact cooling water.
Contaminated cooling water.
Water used for cooling purposes only which may become contaminated
either through the use of water treatment chemicals used for corrosion
inhibitors or biocides, or by direct contact with process materials
and/or wastewater.
The director of the water department of the city, or his
authorized representative.
Any nonresidential 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 Environmental Protection Agency of the federal government.
Solid waste from domestic or commercial preparation, cooking
or dispensing of food or from the handling, storage, and sale of produce.
An individual sample which is collected without regard to
the flow in the waste stream over a period of time not exceeding fifteen
(15) minutes.
The introduction of pollutants into a POTW from any nondomestic
source regulated under section 307(b), (c) or (d) of the Act.
A source of indirect discharge.
Solid, liquid or gaseous waste resulting from any industrial,
manufacturing, trade, or business process or from the development,
recovery or processing of natural resources.
A discharge which, alone or in conjunction with a discharge
or discharges from other sources, both:
Inhibits or disrupts the POTW, its treatment processes or operations,
or its sludge processes, use or disposal; and
Therefore is a cause of a violation of any requirement of the
POTW’s NPDES 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 III, more commonly referred
to as the Resource Conservation and Recovery Act (RCRA), and including
state regulations contained in any state sludge management plan prepared
pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic
Substances Control Act, and the Marine Protection, Research and Sanctuaries
Act.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a daily composite sample.
The daily composite sample is the concentration of discharge of a
pollutant measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of sampling.
The maximum concentration of a substance allowed in a discharge
as determined from a laboratory test of a grab sample.
Milligrams per liter.
The highest allowable average of “daily discharges”
over a calendar month, calculated as the sum of all “daily discharges”
measured during a calendar month divided by the number of “daily
discharges” measured during that month.
Any building, structure, facility or installation from which
there is or may be a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the Act which will be applicable to such source
if such standards are thereafter promulgated in accordance with that
section, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility or installation are substantially independent
of an existing source at the same site. In determining whether these
are substantially independent, factors such as the extent to which
the new facility is integrated with the existing plant, and the extent
to which the new facility is engaged in the same general type of activity
as the existing source, should be considered.
Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of subsection (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this definition has commenced if the owner or operator has:
Begun, or caused to begin as part of a continuous on-site construction
program:
Any placement, assembly, or installation of facilities or equipment;
or
Significant site preparation work, including clearing, excavation,
or removal of existing buildings, structures, or facilities which
is necessary for the placement, assembly, or installation of new source
facilities or equipment; or
Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its operation
within a reasonable time. Options to purchase or contracts which can
be terminated or modified without substantial loss, and contracts
for feasibility, engineering, and design studies, do not constitute
a contractual obligation under this subsection.
Water used for cooling which does not come into direct contact
with raw materials, intermediate product, waste product, or finished
product.
An industrial user that is subject to categorical pretreatment
standards may, at the discretion of the director, be permitted as
a nonsignificant categorical industrial user (NSCIU) based on a finding
that the industrial user never discharges categorical wastewater and
the following conditions are met:
The industrial user, prior to the city’s finding, has
consistently complied with all applicable categorical pretreatment
standards and requirements;
The industrial user annually submits the certification statement
required, together with any additional information necessary to support
the certification statement; and
The industrial user never discharges any categorical process
wastewater into the sanitary sewer.
A system used by the federal government for collecting and
organizing industry-related statistics. The NAICS codes are updated
every five years to stay current with industry developments.
The National Pollutant Discharge Elimination System permit
program of the Environmental Protection Agency.
Operation and maintenance.
Decayed wood, sawdust, shavings, bark, lime, refuse, ashes,
garbage, offal, oil, tar, and all other substances except sewage and
industrial wastes.
The person, firm, or public or private corporation using
the lot, parcel of land, building or premises connected to and discharging
sewage, industrial wastewater or liquid into the sanitary sewage system
of the city and who pays, or is legally responsible for the payment
of, water rates or charges made against the 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 navigable
waters in quantities or concentrations which are a cause of or significantly
contribute to violation of any requirement of the POTW’s NPDES
permit.
The wastewater discharge permit issued to nondomestic dischargers
of industrial waste into the sanitary sewer 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.
Any sewage treatment plant owned and operated by the control
authority and the sewers, pipes and conveyances owned in whole or
part by the authority that convey wastewater to the POTW. This definition
includes any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial waste of a liquid
nature.
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 national pretreatment standard, imposed on an industrial
user.
Any regulation containing pollutant discharge limits promulgated
by the EPA in accordance with section 307(b) and (c) of the Act, which
applies to industrial users. This term includes prohibitive discharge
limits established pursuant to 40 CFR part 403.5, including best management
practices.
The water that comes into direct contact with or results
from the production or use of any raw material, intermediate product,
finished product, byproduct, waste product, or wastewater.
A publicly owned pipe or conduit designed to collect and
transport industrial waste and domestic sewage to the POTW.
Substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can be reasonably be
expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production.
Water-carried human wastes or a combination of water-carried
wastes from residences, business buildings, institutions and industrial
establishments, together with such ground, surface, storm or other
waters as may be present.
Is mandatory.
An increase or decrease in the volume of wastewater discharged
by more than 20 percent from the data submitted in the permit application,
or the deletion or addition of any pollutant regulated by the authority
or by a categorical standard. Volumes are those measured by the water
service meter, a verifiable estimate, or a permanently installed effluent
flow meter approved by the authority.
Except as provided in subsections (2) and (3) of this definition, significant industrial user means:
All industrial users subject to categorical pretreatment standards
under 40 CFR section 403.6 and 40 CFR chapter I, subchapter N; and
Any other industrial user that discharges an average of twenty-five
thousand (25,000) gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and boiler blowdown
wastewater); contributes a process waste stream which makes up five
(5) percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant; or is designated as such by
the director on the basis that the industrial user has a reasonable
potential for adversely affecting the POTW’s operation or for
violating any pretreatment standard or requirement (in accordance
with 40 CFR section 403.8(f)(6)).
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 blowdown wastewater, unless
specifically included in the pretreatment standard) and 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 this article (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 an industrial user meeting the criteria in subsection (1)(B) of this definition has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the director may at any time, on his own initiative or in response to a petition received from an industrial user, and in accordance with 40 CFR section 403.8(f)(6), determine that such industrial user is not a significant industrial user.
Any discharge at a flow rate or concentration which could
cause a violation of the prohibited discharge standards of this 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 classification which best describes the activities conducted
at the facility or establishment. SIC codes are 4-digit numbers used
by the Bureau of Census as part of a system to categorize and track
the types of business activities conducted in the United States. The
first two digits of the code represent the major industry group and
the second two digits represent the specific subset of that group.
Standard Methods for the Examination of Water and Wastewater,
a publication prepared and published jointly by the American Public
Health Association, American Waterworks Association and the Water
Environment Federation, as it may be amended from time to time.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
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.
Texas Pollutant Discharge Elimination System.
Any water or liquid waste containing none of the following:
phenols or other substances to an extent imparting taste and odor
in receiving waters; toxic or poisonous substances in suspension,
colloidal state or solution; noxious or odorous gases; not more than
ten thousand (10,000) parts per million, by weight, of dissolved solids,
of which not more than twenty-five hundred (2500) parts per million
are chloride; not more than ten (10) parts per million each of TSS
and BOD; color not exceeding fifty (50) color units; nor pH value
of less than 5.0 nor higher than 12.0; and any water or waste approved
for discharge into a stream or waterway by the appropriate state authority.
An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards established in this 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 defenses to upset only apply to federal court actions as per section 13.06.129(b) of this article.
A person who is a source of an indirect discharge.
Industrial waste, sewage or any other waste that has been
used by and discharged to the POTW from an industry, commercial enterprise,
household or other water consumer, including that which may be combined
with water [sic] any groundwater, surface water or stormwater.
(Ordinance 450-12, sec. 1, adopted 1/19/12)
(a)
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
POTW authority wastewater collection and treatment systems, and to
enable the authority to protect the health and safety of both POTW
personnel and the general public in conformance with all applicable
state and federal laws, including the Clean Water Act (33 U.S.C. 1251
et seq.) and the General Pretreatment Regulations (40 CFR part 403).
(b)
All categorical pretreatment standards, lists of toxic pollutants,
industrial categories, recordkeeping requirements and other standards
and categories which have been or which will be promulgated by the
EPA shall be incorporated as a part of this 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)
The objectives of this article are:
(1)
To prevent the introduction of pollutants into the authority wastewater
system which will interfere with the normal operation of the system,
including interference with the use or disposal of sludge, or contaminate
the resulting sludge;
(2)
To prevent the introduction of pollutants into the authority wastewater
system which do not receive adequate treatment in the POTW, and which
will pass through the system into receiving waters or the atmosphere
or which are otherwise incompatible with the system;
(3)
To improve the opportunity to recycle or reclaim municipal and industrial
wastewaters and sludges; and
(4)
To enable the authority to comply with the control authority’s
TPDES permit conditions, sludge and disposal requirements, and any
other federal and state laws to which the POTW is subject.
(d)
The regulation of discharges into the authority wastewater system
under this article shall be accomplished through the issuance of permits,
as specified in division 4 of this article, and by monitoring and
inspection of facilities, according to this article.
(e)
The director shall have the authority to promulgate such administrative
regulations as are from time to time necessary for the enforcement
of this article. For the purpose of promoting consistency of enforcement
throughout the city’s jurisdiction and service area, the director
shall promulgate an enforcement response plan.
(Ordinance 450-12, sec. 2, adopted 1/19/12)
(a)
Any person, firm or corporation who knowingly 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.
(b)
Nothing herein contained shall prevent the city from taking such
other lawful action as is necessary to prevent or remedy any violation,
including, but not limited to, seeking injunctions and civil penalties.
(Ordinance 450-12, sec. 11, adopted 1/19/12)
