(a) 
This article sets forth uniform requirements for users of the publicly owned treatment works (POTW) for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code section 1251 et seq.) and the general pretreatment regulations (40 Code of Federal Regulations part 403). The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the POTW that will interfere with its operation;
(2) 
To prevent the introduction and subsequent pass-through into the environment of inadequately treated pollutants;
(3) 
To protect the POTW personnel and the general public;
(4) 
To promote reuse and recycling of industrial wastewater and sludge from the POTW;
(5) 
To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW; and
(6) 
To enable the city to comply with its Texas Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the POTW is subject.
(b) 
This article shall apply to all users of the POTW. This 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.
(Ordinance 395, sec. 2, adopted 7/21/15)
(a) 
Generally.
Except as otherwise provided herein, the city manager or his designee shall administer, implement and enforce the provisions of this article.
(b) 
Interpretation.
Whenever there appears to be an uncertainty, vagueness, or conflict in the terms of this article or between this article and other city ordinances concerning the subject matter contained herein, the city manager, in consultation with the staff, city engineer, and city attorney, as may be appropriate, shall make every effort to interpret the provisions of this article in such a way that it protects the public health, safety and welfare of the inhabitants of the city and fully accomplishes the goals and purposes of this article. The interpretation given by the city manager shall be final.
(c) 
Forms.
The city manager shall develop forms as may be reasonable and necessary to carry out the terms of this article.
(d) 
Authority to adopt additional regulations.
The city manager shall promulgate such rules, regulations, and procedures as may be reasonably necessary to carry out the purpose and intent of this article and shall submit them to the city council for approval. When approved by the city council, the rules shall be enforceable to the fullest extent permitted by law.
(e) 
Recordkeeping.
Users subject to reporting requirements of this article shall retain, and make available to the city manager for inspection and copying, all records of information created pursuant to any monitoring activities required herein, together with additional records obtained pursuant to monitoring activities undertaken by the user independent of the requirements of this article.
(f) 
Required records.
Records shall include the date, the exact place, method and time of sampling and the name of person(s) taking the sample, the dates analyses were performed, who performed the analyses, the analytical technique or method used, and the results of the analyses.
(g) 
Right of entry.
It is a condition of the privilege to discharge into the POTW that users shall permit the city manager, and those directed to do so by him, to enter upon the user’s premises to examine and inspect the wastewater treatment facilities required herein and the records required to be kept by this article. Refusal to permit any such inspection or copying shall be good cause for the city manager to immediately terminate water service to the user and to refuse to reconnect water service until the city manager’s demands regarding inspection and copying have been met.
(h) 
Fees.
Section 13.05.006 is the fee schedule for the various permits and inspections required by this article. These fees are hereby adopted and imposed upon users, and shall be paid upon demand. It is a violation of this article to fail to pay a required fee within 15 days of demand by the city.
(i) 
Permit required.
No user who is subject to this article shall discharge wastewater into the POTW without obtaining a permit from the city manager and paying the required fee in accordance with the terms of this article.
(Ordinance 395, sec. 2, adopted 7/21/15)
This article shall apply to all facilities whose waste discharge contains or may contain grease, oil, sand, or other harmful pollutants originating from processes including but not limited to vehicle and equipment washing, food preparation and serving, and carpet cleaning and water extraction.
(Ordinance 395, sec. 2, adopted 7/21/15)
Act.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
BOD.
The value of the 5-day test for biochemical oxygen demand as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
City manager.
The city manager of the City of Bulverde, or his designee.
COD.
The value of the test for chemical oxygen demand as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
EPA.
The United States Environmental Protection Agency.
Fats, oils and greases (FOG).
Organic polar compounds derived from animal and/or plant sources that contain carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136 as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
Generator.
Any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.
Grease trap or interceptor.
A device designed to use differences in specific gravities to separate and retain light density liquids and waterborne fats, oils, and greases prior to the wastewater entering the POTW collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the POTW. Grease traps and interceptors are also referred to herein as “grease traps/interceptors.”
Grease trap waste.
Material collected in and from a grease trap/interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from dewatering processes.
Indirect discharge or discharge.
The introduction of pollutants into a POTW from any domestic or nondomestic source.
Interference.
A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the city’s TPDES permit.
Nondomestic wastewater.
The liquid and water-carried industrial wastes from commercial buildings, industrial facilities, and institutions which enter the POTW.
pH.
The measure of the relative acidity or alkalinity of water, and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.
POTW.
The publicly owned treatment works of the city.
Public works city manager.
The appointed city manager or his designee for the city.
Transporter.
A person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code 312.142.
TSS.
The value of the test for total suspended solids, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
User.
Any person, including those located outside the jurisdictional limits of the city, who contributes or causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources.
(Ordinance 395, sec. 2, adopted 7/21/15)
(a) 
Whenever a user has violated or continues to violate any provision of this article, a permit issued pursuant to this article, or any standard contained herein, water service to the user may be severed. Service will be reconnected, at the user’s expense, after it has satisfactorily demonstrated its ability to comply with the terms hereof.
(b) 
A violation of any provision of this article, a wastewater discharge permit issued pursuant to this article, or any standard contained herein is hereby declared to be a public nuisance and subject to enforcement under chapter 54 of the Texas Local Government Code. The city may enforce any remedy available at law. The city shall be entitled to recover damages, an injunction and a civil penalty up to $5,000.00 per day for each violation of this article that involves discharge of a pollutant, other than from a nonpoint source, into the POTW. The city is entitled to recover a civil penalty up to $1,000.00 per day for all other violations of this article.
(c) 
A person who violates any provision of this article is guilty of a misdemeanor punishable by a fine not to exceed $2,000.00 per violation. Each day a violation occurs is declared to be a separate violation.
(Ordinance 395, sec. 2, adopted 7/21/15)
(a) 
The permit application fee shall be sixty-five dollars ($65.00).
(b) 
The inspection fee shall be seventy-five dollars ($75.00).
(c) 
The application fee is payable when a new grease trap, interceptor or separator is installed and connected to the city’s wastewater system.
(d) 
The inspection fee is payable when it is necessary for the city to inspect a grease trap, interceptor or separator as defined in this article.
(Ordinance 395, sec. 2, adopted 7/21/15)