(a)
State requirements and limitations on discharges to the POTW shall
be met by all dischargers which are subject to such standards in any
instance in which they are more stringent than federal requirements
and limitations or those in this article or any other applicable ordinance.
(b)
No discharger shall increase the use of potable or process water
in any way for the purpose of diluting a discharge as a partial or
complete substitute for adequate treatment to achieve compliance with
the standards set forth in this article.
(c)
Where deemed appropriate, the authority may apply mass limitations
expressed in pounds per day of pollutant discharged.
(d)
When wastewater subject to a categorical pretreatment standard is
mixed with wastewater not regulated by the same standard, the director
shall impose an alternate limit in accordance with 40 CFR 403.6(e).
(Ordinance 450-12, sec. 4(A), adopted 1/19/12)
(a)
Each discharger shall provide protection from accidental discharge
of prohibited or regulated materials or substances established by
this article. Where necessary, facilities to prevent accidental discharge
of prohibited materials shall be provided and maintained at the discharger’s
cost and expense. When applicable, detailed plans showing facilities
and operating procedures to provide this protection shall be submitted
to the authority for review, and shall be approved by the authority
before construction of the facility. Review and approval of such plans
and operating procedures by the authority shall not relieve the discharger
from the responsibility to modify its facility as necessary to meet
the requirements of this article.
(b)
Dischargers shall notify the authority and the control authority
immediately upon the occurrence of a “slug” or accidental
discharge of substances prohibited by this article. The notification
shall include the location of discharge, date and time thereof, type
of waste, concentration and volume, and corrective actions taken,
and be signed by the discharger’s authorized representative.
Within five (5) days following such discharge, the user shall, unless
waived by the director, submit to the director a detailed written
report which specifies: a description and cause of the discharge,
including location of the discharge, type, concentration, and volume
of water; duration of noncompliance including exact dates and times
of noncompliance and, if the noncompliance is continuing, an immediate
response to cause the noncompliant discharge to cease; and all steps
taken or to be taken to reduce, eliminate, and prevent continuation
or recurrence of such an upset, slug load, or accidental discharge,
spill, or other conditions of noncompliance. Any discharger discharging
slugs of prohibited materials shall be liable for any expense, loss
or damage to the POTW, in addition to the amount of any fines imposed
on the authority under state or federal law.
(c)
A notice shall be permanently posted on the user’s bulletin
board or other prominent place advising employees who to call in the
event of a discharge described in this article. Each employer shall
instruct all applicable employees who may cause or discover such a
discharge with respect to the emergency notification procedure, including
the proper telephone number of the authority to be notified.
(Ordinance 450-12, sec. 4(B), adopted 1/19/12)
All dischargers who discharge wastewater into a private sewer system shall comply with this article, including section 13.06.091(g); provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority’s personnel to enter onto the owner’s property for purposes of inspection and monitoring of the discharger’s premises, and for enforcement pursuant to the terms of this article.
(Ordinance 450-12, sec. 4(C), adopted 1/19/12)
(a)
Bypass of a discharger’s treatment equipment or treatment facility
is prohibited and the authority may take enforcement action against
the discharger unless:
(1)
The bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
(2)
There were no feasible alternatives to the bypass, such as use of
auxiliary treatment facilities, retention of untreated wastewater,
or maintenance during normal periods of downtime. This condition is
not satisfied if, in the exercise of reasonable engineering judgment,
adequate backup equipment should have been installed to prevent a
bypass which occurred during normal periods of equipment downtime
or maintenance; and
(3)
The discharger submitted advance written notice of the need for a
bypass.
(b)
The discharger shall submit oral notice to the authority of an unanticipated
bypass that exceeds categorical standards or other discharge limits
within 24 hours of the time the discharger becomes aware of the bypass.
Written notice shall be provided within 5 days of the time the discharger
becomes aware of the bypass. The written notice shall include a description
of the bypass and its causes, duration of the bypass, and steps taken
to prevent the reoccurrence of the bypass, and must be signed by the
authorized representative of the discharger.
(Ordinance 450-12, sec. 4(D), adopted 1/19/12)
(a)
Pursuant to 40 CFR section 403.12(p), any user who commences the
discharge of hazardous waste shall notify the director, the EPA Region
VI Waste Management Division Director, and the TCEQ, in writing, of
any discharge into the POTW of a substance which, if otherwise disposed
of, would be a hazardous waste under 40 CFR part 261.
(1)
Such notification shall include the name of the hazardous waste as
set forth in 40 CFR part 261, the EPA hazardous waste number, and
the type of discharge (continuous, batch, or other).
(2)
If the user discharges more than one hundred (100) kilograms of such
waste per calendar month to the POTW, the notification also shall
contain the following information to the extent such information is
known and readily available to the user: an identification of the
hazardous constituents contained in the wastes, an estimation of the
mass and concentration of such constituents in the waste stream discharged
during that calendar month, and an estimation of the mass of constituents
in the waste stream expected to be discharged during the following
twelve (12) months.
(3)
All notifications shall take place no later than one hundred eighty
(180) days after the discharge commences. Any notification under this
subsection need be submitted only once for each hazardous waste discharged.
However, notifications of changed conditions shall be submitted as
per this article. The notification requirement in this section does
not apply to pollutants already reported by users subject to categorical
pretreatment standards under the self-monitoring requirements of this
article.
(b)
Dischargers are exempt from the requirements of subsection (a) during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c)
In the case of any new regulations under section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as a hazardous waste, the user shall notify the director,
the EPA Region VI Waste Management Division Director, and the TCEQ,
of the discharge of such substance within ninety (90) days of the
effective date of such regulations.
(d)
In the case of any notification made under this section, the user
shall certify that it has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has determined
to be economically practical.
(e)
This provision does not create a right to discharge any substance
not otherwise permitted to be discharged by this article, a permit
issued thereunder, or any applicable federal or state law.
(Ordinance 450-12, sec. 4(E), adopted 1/19/12)
The director shall evaluate whether each significant industrial
user needs an accidental discharge/slug control plan or other action
to control slug discharges at the time of SIU determination, or at
least by the first year. All the activities associated with slug control
evaluation and results are to be kept in the industrial user file.
The director may require any user to develop, submit for approval,
and implement such a plan or take such other action that may be necessary
to control slug discharges. Alternatively, the director may develop
such a plan for any user. An accidental discharge/slug plan shall
address, at the minimum the following:
(1)
Description of discharge practices, including nonroutine batch discharges;
(2)
Description of stored chemicals;
(3)
Procedures for immediately notifying the director of any accidental
or slug discharge, as required by this article; and
(4)
Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection
and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site runoff, worker
training, measures for containing toxic organic pollutants, including
solvents, and/or measures and equipment for emergency response.
(Ordinance 450-12, sec. 4(F), adopted 1/19/12)
