All premises with plumbing appliances located within two hundred (200) feet of the sewer system shall make the necessary arrangements to connect such appliances and premises with the control authority’s sewer system.
(1965 Code, sec. 19-36; 1989 Code, sec. 18-66; Ordinance 062121 adopted 6/21/21)
It shall be unlawful for any person to allow any sewage water, wash water, or any water containing grease, lubricating oil, gasoline, crude oil, kerosene, or any foreign substance that causes or may cause an offensive odor, to drain or be discharged on the surface of the ground or into any ditch or stream within the control authority.
(1965 Code, sec. 19-37; 1989 Code, sec. 18-67; Ordinance 062121 adopted 6/21/21)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section (except where the context clearly indicates a different meaning):
Authorized or duly authorized representative of the user.
(1) 
If the user is a corporation:
(A) 
The president, secretary, treasurer, or a vice-president 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.
(B) 
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. This would include having the explicit or implicit duty of making major capital investment recommendations and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations. The manager can ensure the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) 
If the user is a partnership or sole proprietorship: A general partner or proprietor, respectively.
(3) 
If the user is a federal, state, or local governmental facility: A director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or its designee.
(4) 
The individuals described in subsections (1) through (3) above, may designate a duly authorized representative if all of the following are met:
(A) 
Authorization is in writing.
(B) 
The authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company.
(C) 
The written authorization is submitted to the control authority.
BOD (biochemical oxygen demand).
The quantity of oxygen by weight, expressed in milligrams per liter (mg/l), used in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius.
Building sewer.
The extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection).
Categorical industrial user.
A user subject to a categorical pretreatment standard (defined) or categorical standard (defined).
COD (chemical oxygen demand).
A measure of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater, expressed in mg/l, as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and, thus, not necessarily correlating with BOD. This could be simplified to: A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water.
Control authority.
The City of Schulenburg, Texas.
Control manhole.
A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
Control point.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Food waste.
Animal and vegetable wastes; residue from preparation, cooking, and dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Grab sample.
A sample taken from a wastestream without regard to the flow in the wastestream over a period of time (not to exceed fifteen (15) minutes).
Industrial waste.
Waste resulting from any process of industry, manufacturing, trade, or business, from the development of any natural resource, any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge.
The charge assessed to those persons who discharge industrial wastes into the control authority’s sewer system.
Interference.
A discharge that, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the wastewater treatment plant (WWTP), its treatment processes, operations, sludge processes, use, or disposal; and, therefore, is a cause of a violation of the control authority’s national pollutant discharge elimination system (NPDES) permit, of the prevention of sewage sludge use or disposal in compliance with any statutory or regulatory provisions or permits issued, or any more stringent state or local regulations.
Local limit.
Specific discharge limits developed and enforced by the control authority’s upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a)(1) and (b).
Medical waste.
Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
Milligrams per liter (mg/l).
Defined also as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
Natural outlet.
Any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.
Normal domestic wastewater.
Wastewater excluding industrial wastewater discharged by a person into sanitary sewers where the average concentration of total suspended solids is not more than two hundred (200) mg/l and BOD is not more than two hundred (200) mg/l.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Pass through.
A discharge that exits the publicly-owned treatment works (POTW) into waters of the United States in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the control authority’s NPDES permit, including an increase in the magnitude or duration of a violation.
Person.
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or its legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities.
pH.
The reciprocal of the logarithm (base 10) of the hydrogen ion concentration expressed in grams per liter.
Pollutant.
Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
Public sewer.
A pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the control authority’s.
Sanitary sewer.
A public sewer that conveys domestic wastewater, industrial wastes, or a combination of both, and, into which, stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.
Slug.
Any discharge at a flow rate or concentration that could cause a violation of the prohibited discharge standards in section 13.04.042 of this division. A slug discharge is any discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a noncustomary batch discharge that has a reasonable potential to cause interference or pass through, or, in any other way, violate the WWTPs regulations, local limits or permit conditions.
Standard methods.
The examination and analytical procedures set forth in the latest edition, at the time of analysis, of standard methods for the examination of water and wastewater, as prepared, approved, and published jointly by the American Public Health Association, the American Water Works Association, and the Water Environment Federation.
Storm sewer.
A public sewer that carries storm and surface waters and drainage and, into which, domestic wastewater or industrial wastes are not intentionally passed.
Stormwater.
Rainfall or any other forms of precipitation.
Superintendent.
The control authority administrator, wastewater superintendent of the control authority, or its duly authorized representative.
Suspended solids.
Solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and are largely removable by a laboratory filtration device.
Trap.
A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes, or other harmful substances.
Users.
A source of indirect discharge.
Waste.
Rejected, unused, or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, commercial, or industrial activities.
Wastewater.
Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the wastewater facilities.
Wastewater facilities.
Includes all devices, systems, or facilities owned by the control authority used for collection, conveying, pumping, storing, treating, recycling, and disposing of wastewater and industrial wastes.
Wastewater service charge.
The charge on all users of the public sewer system whose wastes do not exceed (in strength) the concentration values established as representative of normal wastewater.
Wastewater treatment plant.
Any control authority-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers.
Watercourse.
A natural or manmade channel in which a flow of water occurs, either continuously or intermittently.
(Ordinance adopted 2/3/76, sec. 1; 1989 Code, sec. 18-81; Ordinance 062121 adopted 6/21/21)
(a) 
General prohibitions.
No user shall introduce or cause to be introduced into the wastewater facilities any pollutant or wastewater that causes pass through or interference. These general prohibitions apply to all users of the wastewater facilities whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(b) 
Specific prohibitions.
No user shall introduce or cause to be introduced into the wastewater facilities the following pollutants, substances, or wastewater:
(Note: Specific prohibition 1 through 8 are mandatory for required pretreatment programs.)
(1) 
Pollutants that create a fire or explosive hazard in the POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (F) (60 degrees Celsius (C)) using the test methods specified in 40 CFR 261.21.
(2) 
Wastewater having a pH less than 5.0 or more than 9.5, or otherwise causing corrosive structural damage to the POTW or equipment.
(3) 
Solid or viscous substances in amounts that will cause obstruction of the flow in the wastewater facilities resulting in interference but in no case solids greater than one-half inch (1/2") or 1.27 centimeters (1.27 cm) in any dimension.
(4) 
Pollutants, including oxygen-demanding pollutants (such as BOD or COD), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the WWTP.
(5) 
Wastewater having a temperature greater than 104 degrees F (40 degrees C), or that will inhibit biological activity in the WWTP resulting in interference.
(6) 
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through.
(7) 
Pollutants that result in the presence of toxic gases, vapors, or fumes within the wastewater facilities in a quantity that may cause acute worker health and safety problems.
(8) 
Trucked or hauled pollutants, except at discharge points designated by the superintendent in accordance with this division.
(Note: Specific prohibition 9 through 16 are optional for required pretreatment programs.)
(9) 
Noxious or malodorous liquids, gases, solids, or other wastewater that, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or prevent entry into the sewers for maintenance or repair.
(10) 
Wastewater that imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the WWTPs effluent, thereby violating the control authority’s NPDES permit.
(11) 
Wastewater containing any radioactive wastes or isotopes except in compliance with applicable state or federal regulations.
(12) 
Stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the superintendent.
(13) 
Sludges, screenings, or other residues from the pretreatment of industrial wastes.
(14) 
Medical wastes, except as specifically authorized by the superintendent in an individual wastewater discharge permit.
(15) 
Wastewater causing, alone or in conjunction with other sources, the WWTPs effluent to fail a toxicity test.
(16) 
Detergents, surface active agents, or other substances that might cause excessive foaming in the wastewater facilities.
(17) 
Chemical discharges including the following:
(A) 
Cyanide greater than one (1) mg/l.
(B) 
Fluoride other than that contained in the public water supply.
(C) 
Chlorides in concentrations greater than two hundred fifty (250) mg/l.
(D) 
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
(E) 
Substances causing an excessive COD.
(F) 
Strong acid, iron pickling waste, or concentrated plating solutions, whether neutralized or not.
(G) 
Fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances that may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F (0 and sixty-five (65) degrees C).
(H) 
Objectionable or toxic substances exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater at the wastewater treatment works exceeds the limits established by the control authority for such materials.
(I) 
Obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of this section.
(J) 
All waste, wastewater, or other substances containing phenols, hydrogen sulfide, or other taste-and odor-producing substances shall not be discharged.
(18) 
Inert suspended solids greater than two hundred fifty (250) mg/l, including by not limited to the following:
(A) 
Fuller’s earth;
(B) 
Lime slurries;
(C) 
Lime residues.
(19) 
Dissolved solids greater than one thousand (1,000) mg/l, including, but not limited to, the following:
(A) 
Sodium chloride;
(B) 
Sodium sulfate;
(c) 
The control authority shall regulate the flow and concentration of slugs when the following apply:
(1) 
The treatment process is impaired.
(2) 
Damage to collection facilities is caused.
(3) 
Treatment costs exceeding those for normal wastewater are incurred.
(4) 
The waste is rendered unfit for stream disposal or industrial use.
(d) 
The superintendent may require any user to develop, submit for approval, and implement such a plan or take such other action necessary to control slug discharges. Alternatively, the superintendent may develop such a plan for any user.
(e) 
No person may discharge solid or viscous substances into public sewers that may violate subsection (a) above if present in sufficient quantity or size, including, but not limited to, the following:
(1) 
Ashes;
(2) 
Cinders;
(3) 
Sand;
(4) 
Mud;
(5) 
Straw;
(6) 
Shavings;
(7) 
Metal;
(8) 
Glass;
(9) 
Rags;
(10) 
Feathers;
(11) 
Tar;
(12) 
Plastics;
(13) 
Wood;
(14) 
Unground garbage;
(15) 
Whole blood;
(16) 
Paunch manure;
(17) 
Hair and fleshings;
(18) 
Entrails;
(19) 
Paper products (either whole or ground by garbage grinders);
(20) 
Slops;
(21) 
Chemical residues;
(22) 
Paint residues;
(23) 
Bulk solids.
Pollutants, substances, or wastewater prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the WWTP.
(Ordinance adopted 2/3/76, secs. 2, 3; 1989 Code, secs. 18-82, 18-83; Ordinance 062121 adopted 6/21/21; Ordinance 062121 adopted 6/21/21)
(a) 
The following limits are established to protect against pass through and interference, and to protect biosolids disposal. No discharges shall contain the following maximum allowable concentrations in excess:
(1) 
Arsenic: 0.05 mg/l;
(2) 
Barium: 5.0 mg/l;
(3) 
Boron: 1.0 mg/l;
(4) 
Cadmium: 0.02 mg/l;
(5) 
Chromium (total): 5.0 mg/l;
(6) 
Copper: 1.0 mg/l;
(7) 
Lead: 0.1 mg/l;
(8) 
Manganese: 1.0 mg/l;
(9) 
Mercury: 0.005 mg/l;
(10) 
Nickel: 1.0 mg/l;
(11) 
Selenium: 0.02 mg/l;
(12) 
Silver: 0.1 mg/l;
(13) 
Zinc: 5.0 mg/l;
(b) 
The above limits apply at the point where the wastewater is discharged to the POTW. All concentrations for metallic substances are for total metal unless indicated otherwise. The superintendent may impose mass limitations in addition to the concentration-based limitations above.
(c) 
No other heavy metals or toxic materials may be discharged into public sewers without a permit from the control authority specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions.
(d) 
Prohibited heavy metals and toxic materials include, but are not limited to, the following:
(1) 
Antimony;
(2) 
Beryllium;
(3) 
Bismuth;
(4) 
Cobalt;
(5) 
Molybdenum;
(6) 
Tin;
(7) 
Uranyl ion;
(8) 
Rhenium;
(9) 
Strontium;
(10) 
Tellurium;
(11) 
Herbicides;
(12) 
Fungicides;
(13) 
Pesticides;
(e) 
The control authority reserves the right to establish, by ordinance or in individual wastewater discharge permits, more stringent standards or requirements on discharges to the wastewater facilities consistent with the purpose of this division.
(f) 
No user shall ever increase the use of process water (or in any way attempt to dilute a discharge) as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The superintendent may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or, in other cases, when the imposition of mass limitations is appropriate.
(Ordinance adopted 2/3/76, sec. 4; 1989 Code, sec. 18-84; Ordinance 062121 adopted 6/21/21)
(a) 
No person may discharge food waste into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch in any dimension are prohibited.
(b) 
The control authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater.
(Ordinance adopted 2/3/76, sec. 5; 1989 Code, sec. 18-85; Ordinance 062121 adopted 6/21/21)
In compliance with the state water quality act and other statutes, the control authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection A above [sic] may be discharged.
(Ordinance adopted 2/3/76, sec. 6; 1989 Code, sec. 18-86; Ordinance 062121 adopted 6/21/21)
(a) 
Unless an exception is granted by the control authority, the public sewer system shall be used by all persons discharging the following:
(1) 
Wastewater;
(2) 
Industrial waste;
(3) 
Polluted liquids;
(4) 
Unpolluted waters or liquids.
(b) 
Unless authorized by the TCEQ, no person may deposit or discharge any waste included in subsection (a) above on public or private property in or adjacent to any of the following:
(1) 
Natural outlet;
(2) 
Watercourse;
(3) 
Storm sewer;
(4) 
Other area within the jurisdiction of the control authority.
(c) 
Application to discharge.
All users intending to discharge industrial waste to the wastewater facilities must submit a discharge application. The superintendent may require users to submit all or some of the following information as part of a discharge application.
(1) 
Identifying information:
(A) 
The name and address of the facility, including the name of the operator and owner.
(B) 
Contact information, description of activities, facilities, and plant production processes on the premises.
(2) 
Environmental permits: A list of any environmental control permits held by or for the facility.
(3) 
Description of operations:
(A) 
A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the wastewater facilities from the regulated processes.
(B) 
Types of wastes generated and a list of all raw materials and chemicals used or stored at the facility that are, or could accidentally or intentionally be, discharged to the wastewater facilities.
(C) 
Number and type of employees, hours of operation, and proposed or actual hours of operation.
(D) 
Type and amount of raw materials processed (average and maximum per day).
(E) 
Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge.
(4) 
Time and duration of discharges.
(5) 
The location for monitoring all wastes covered by the permit.
(6) 
Flow measurement: Information showing the measured average daily and maximum daily flow, in gallons per day, to the wastewater facilities from regulated process streams and other streams.
(7) 
Measurement of pollutants:
(A) 
The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes for existing sources.
(B) 
The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the superintendent, of regulated pollutants in the discharge from each regulated process.
(C) 
Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
(D) 
The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 13.04.051 of this division. Where the standard requires compliance with best management practices (BMP) or pollution prevention alternative, the user shall submit documentation as required by the superintendent or the applicable standards to determine compliance with the standard.
(E) 
Sampling must be performed in accordance with procedures set out in section 13.04.051 of this division.
(8) 
Any other information deemed necessary by the superintendent to evaluate the permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(Ordinance adopted 2/3/76, sec. 10; 1989 Code, sec. 18-90; Ordinance 062121 adopted 6/21/21)
(a) 
If discharges or proposed discharges to public sewers may:
(1) 
Deleteriously effect wastewater facilities, processes, equipment, or receiving waters;
(2) 
Create a hazard to life or health; or
(3) 
Create a public nuisance, or violate conditions of this division, the control authority shall require the following:
(A) 
Pretreatment to an acceptable condition for discharge to the public sewers.
(B) 
Limits on the quantities and rates of discharge.
(C) 
Payment to cover the cost of handling and treating the wastes.
(b) 
The control authority shall determine whether a discharge or proposed discharge is included under subsection (a) above.
(c) 
The control authority may reject discharge of wastes when it determines that a discharge or proposed discharge does not meet the requirements of this division.
(Ordinance adopted 2/3/76, sec. 11; 1989 Code, sec. 18-91; Ordinance 062121 adopted 6/21/21)
(a) 
Users shall provide wastewater treatment, as necessary, to comply with this division and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions of this division within the time limitations specified by EPA, the state, or the superintendent, whichever is more stringent. Any facilities necessary for compliance shall be provided, operated, and maintained at the user’s expense. Detailed plans describing such facilities and operating procedures shall be submitted to the superintendent for review and shall be acceptable to the superintendent before such facilities are constructed. The review of such plans and operating procedures shall in no way relieve the user from the responsibility of modifying such facilities as necessary to produce a discharge acceptable to the control authority under the provisions of this division.
(b) 
Whenever deemed necessary, the superintendent may require users to restrict their discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the wastewater facilities and determine the user’s compliance with the requirements of this division.
(c) 
The superintendent may require any person discharging into the wastewater facilities to install and maintain, on their property and at their expense, a suitable storage and flow control facility to ensure equalization of flow. An individual wastewater discharge permit may be issued solely for flow equalization.
(d) 
Grease, oil, and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease and oil, or sand; except that such interceptors shall not be required for residential users. All interception units shall be of a type and capacity approved by the superintendent, shall comply with the control authority’s oil and grease management requirements, and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired by the user at their expense.
(e) 
Users with the potential to discharge flammable substances may be required to install and maintain an approved combustible gas detection meter.
(f) 
Each user must notify the superintendent of any significant changes to the user’s operations or system that might alter the nature, quality, or volume of its wastewater at least thirty (30) days before the change. The superintendent may require the user to submit such information as deemed necessary to evaluate the changed condition.
(g) 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine, episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause potential problems for the WWTP, the user shall immediately telephone and notify the superintendent of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.
(h) 
Within five (5) days following such discharge, the user shall, unless waived by the superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability that may be incurred as a result of damage to the wastewater treatment plant, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability that may be imposed pursuant to this division.
(Ordinance adopted 2/3/76, sec. 12; 1989 Code, sec. 18-92; Ordinance 062121 adopted 6/21/21)
(a) 
Discharges requiring a trap include the following:
(1) 
Grease or waste containing grease in excessive amounts;
(2) 
Oil;
(3) 
Sand;
(4) 
Flammable wastes;
(5) 
Other harmful ingredients.
(b) 
Any person responsible for discharges requiring a trap shall, at their own expense and as required by the control authority, adhere to the following:
(1) 
Provide equipment and facilities of a type and capacity approved by the control authority.
(2) 
Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection.
(3) 
Maintain the trap in effective operating condition.
(Ordinance adopted 2/3/76, sec. 13; 1989 Code, sec. 18-93; Ordinance 062121 adopted 6/21/21)
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at their own expense and as required by the control authority, adhere to the following:
(1) 
Install an accessible and safely located control manhole.
(2) 
Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste.
(3) 
Maintain the equipment and facilities.
(Ordinance adopted 2/3/76, sec. 14; 1989 Code, sec. 18-94; Ordinance 062121 adopted 6/21/21)
(a) 
Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the wastewater facilities and determining the existence of hazards to health, life, limb, and property. Samples collected to satisfy the control authority’s requests and requirements must be based on data obtained through appropriate sampling and analysis performed during the appropriate period, as determined by the control authority, based on data that is representative of conditions.
(1) 
Except as indicated in subsection (2) following, the user must collect wastewater samples using 24-hour flow proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the superintendent. Where time proportional composite sampling or grab sampling is authorized by the control authority, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA or state guidance, multiple grab samples collected during a 24-hour period may be composited before the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the control authority, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(2) 
Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(b) 
Examination and analyses of the characteristics of waters and wastes required by this article shall be:
(1) 
Performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the superintendent or other parties approved by EPA.
(2) 
Determined from representative samples taken at the control manhole or other location authorized by the superintendent.
(c) 
The control authority may select an independent firm or laboratory to determine flow, BOD, and suspended solids.
(d) 
The control authority may select the date and time of sampling at its sole discretion. Compliance sampling shall be conducted at least annually.
(Ordinance adopted 2/3/76, sec. 15; 1989 Code, sec. 18-95; Ordinance 062121 adopted 6/21/21)
(a) 
Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment.
(b) 
When discharges of industrial waste are approved by the control authority, the control authority or its authorized representative shall enter into an agreement or arrangement providing:
(1) 
Terms of acceptance by the control authority.
(2) 
Payment by the person making the discharge.
(Ordinance adopted 2/3/76, sec. 16; 1989 Code, sec. 18-96; Ordinance 062121 adopted 6/21/21)
(a) 
If the volume or character of the waste to be treated by the control authority does not cause overloading to the sewage collection, treatment, or disposal facilities of the control authority, then, before approval, the control authority and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the schedule of charges.
(b) 
If the volume or character of the waste to be treated by the control authority requires that wastewater collection, treatment, or other disposal facilities of the control authority be improved, expanded, or enlarged in order to treat the waste, then, before approval, the control authority and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the control authority may incur because of acceptance of the waste, plus a handling charge to be established by the control authority.
(c) 
The agreement entered into pursuant to subsection (a) above shall include, but not be limited to, the following:
(1) 
Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste.
(2) 
Operation and maintenance costs, including salaries and wages, power costs, costs of chemicals and supplies, and proper allowances for maintenance, depreciation, overhead, and office expense.
(3) 
Amortization shall be completed within a maximum of a 20-year period and payment shall include all debt service costs.
(Ordinance adopted 2/3/76, sec. 17; 1989 Code, sec. 18-97; Ordinance 062121 adopted 6/21/21)
The schedule of charges shall be as established in the fee schedule in appendix A to this code.
(Ordinance adopted 2/3/76, sec. 18; 1989 Code, sec. 18-98; Ordinance adopting 2016 Code; Ordinance 062121 adopted 6/21/21)
(a) 
The control authority shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the results of sampling and testing.
(b) 
Increases in charges shall be retroactive for two (2) billing periods and shall continue for six (6) billing periods unless subsequent tests determine the charge should be increased.
(c) 
The control authority shall review the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous years’ experience.
(d) 
The control authority shall bill the discharger monthly and shall show industrial waste charges as a separate item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges.
(Ordinance adopted 2/3/76, sec. 19; 1989 Code, sec. 18-99; Ordinance 062121 adopted 6/21/21)
(a) 
The superintendent shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this division and any individual wastewater discharge permit or order issued hereunder. Users shall allow the superintendent ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.
(b) 
Where a user has security measures in force that require proper identification and clearance before entry into its premises, the user shall make necessary arrangements, with its security guards so that, upon presentation of suitable identification, the superintendent shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(c) 
The superintendent shall have the right to set up on the user’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user’s operations. The location of the monitoring facility shall provide ample room in or near the monitoring facility to allow accurate sampling and preparation of samples and analysis, and, whether constructed on public or private property, the monitoring facilities should be provided in accordance with the supervisor’s requirements and all applicable local construction standards and specifications. Such facilities shall be constructed and maintained in such manner so as to enable the supervisor to perform independent monitoring activities.
(d) 
The superintendent may require the user to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its own expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(e) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the user at the written or verbal request of the superintendent and shall not be replaced. The costs of clearing such access shall be born by the user.
(f) 
Unreasonable delays in allowing the superintendent access to the user’s premises shall be a violation of this division.
(g) 
Anyone acting under this authority shall observe the user’s rules and regulations concerning safety, internal security, and fire protection.
(Ordinance adopted 2/3/76, sec. 21; 1989 Code, sec. 18-101; Ordinance 062121 adopted 6/21/21)
Information and data on a user obtained from reports, surveys, wastewater discharge permit applications, individual wastewater discharge permits, and monitoring programs, and from the superintendent’s inspection and sampling activities, shall be available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the superintendent, that the release of such information would divulge information, processes, or methods of production entitled to protection as trade secrets under applicable state law.
(Ordinance 062121 adopted 6/21/21)
(a) 
The control authority may terminate water and wastewater disposal service and disconnect an industrial customer from the system when the following apply:
(1) 
Acids or chemicals damaging to sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interference with proper conveyance and treatment of wastewater.
(2) 
A governmental agency informs the control authority that the effluent from the WWTP is no longer of a quality permitted for discharge to a watercourse, and it is found the customer is delivering wastewater to the control authority’s system that cannot be sufficiently treated or requires treatment that is not provided by the control authority as normal domestic treatment.
(3) 
The industrial customer:
(A) 
Discharges industrial waste or wastewater that is in violation of the permit issued by the control authority.
(B) 
Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system.
(C) 
Fails to pay monthly bills for water and sanitary sewer services when due.
(D) 
Repeats a discharge of prohibited wastes to public sewers.
(b) 
If service is disconnected pursuant to subsection (a)(2) above, the control authority shall:
(1) 
Disconnect the customer.
(2) 
Supply the customer with the governmental agency’s report and provide the customer with all pertinent information.
(3) 
Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from their industrial wastes.
(Ordinance adopted 2/3/76, sec. 22; 1989 Code, sec. 18-102; Ordinance 062121 adopted 6/21/21)
(a) 
A person who continues prohibited discharges is guilty of a misdemeanor, and, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each act of violation and for each day of violation.
(b) 
In addition to proceeding under authority of subsection (a) above, the control authority is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(Ordinance adopted 2/3/76, sec. 25; 1989 Code, sec. 18-105; Ordinance adopting 2016 Code; Ordinance 062121 adopted 6/21/21)
In addition to sanctions provided for by this division, the control authority is entitled to exercise sanctions provided for by the other ordinances of the control authority for failure to pay the bill for water and sanitary sewer service when due.
(Ordinance adopted 2/3/76, sec. 26; 1989 Code, sec. 18-106; Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may serve upon that user a written notice of violation. Within 20 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the superintendent. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ordinance adopted 2/3/76, sec. 23; 1989 Code, sec. 18-103; Ordinance 062121 adopted 6/21/21)
The superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to sections 13.04.065 and 13.04.066 of this division and shall be judicially enforceable.
(Ordinance 062121 adopted 6/21/21)
The superintendent may order a user (which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement) to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to both of the following:
(1) 
Immediately comply with all requirements.
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
(a) 
When the superintendent finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may fine such user in an amount not to exceed a fine or penalty not to exceed $2,000.00 and other judicial sanctions. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(b) 
Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 5% per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
(c) 
Users desiring to dispute such fines must file a written request for the superintendent to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. Where a request has merit, the superintendent may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(d) 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
(a) 
The superintendent may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The superintendent may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or presents, or may present, an endangerment to the environment.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed unless the termination proceedings in section 13.04.069 of this division are initiated against the user.
(2) 
User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent before the date of any show cause or termination hearing under sections 13.04.064 or 13.04.069 of this division.
(b) 
Nothing in this section shall be interpreted as requiring a hearing before any emergency suspension under this section.
(Ordinance 062121 adopted 6/21/21)
(a) 
In addition to the provisions of this division, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of individual wastewater discharge permit conditions.
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge.
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics before discharge.
(4) 
Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling.
(5) 
Violation of the pretreatment standards of this division.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.04.064 of this division why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 062121 adopted 6/21/21)
When the superintendent finds that a user has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may petition the Fayette County District Court through the control authority’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this division on activities of the user. The superintendent may also seek such other action as is appropriate for legal or equitable relief, including a requirement for the user to conduct environmental remediation.
(Ordinance 062121 adopted 6/21/21)
(a) 
A user who has violated, or continues to violate, any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the control authority for a fine or penalty not to exceed $2,000.00 and other judicial sanctions per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(b) 
The superintendent may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the control authority.
(c) 
In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(d) 
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ordinance 062121 adopted 6/21/21)
(a) 
A user who willfully or negligently violates any provision of this division, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than a fine or penalty not to exceed $2,000.00 and other judicial sanctions per violation.
(b) 
A user who willfully or negligently introduces any substance into the POTW that causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least a fine or penalty not to exceed $2,000.00 and other judicial sanctions per violation. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(c) 
A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of not more than a fine or penalty not to exceed $2,000.00 and other judicial sanctions per violation.
(d) 
In the event of a second conviction, a user shall be punished by a fine of not more than a fine or penalty not to exceed $2,000.00 and other judicial sanctions per violation.
(Ordinance 062121 adopted 6/21/21)
The remedies provided for in this division are not exclusive. The superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the control authority’s enforcement response plan. However, the superintendent may take other action against any user when the circumstances warrant. Further, the superintendent is empowered to take more than one enforcement action against any noncompliant user.
(Ordinance 062121 adopted 6/21/21)