City of Kilgore, TX General Provisions

If the user is a corporation:

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; or

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 initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that 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.

Best management practices or BMPs.

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 their designee.

(4)

The individuals described in subsections (1) through (3), above, may designate a duly authorized representative if the authorization is in writing, 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, and the written authorization is submitted to the city.

Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 13.05.031(b) and (c) [40 CFR 403.5(a)(1) and (b)]. 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. BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical pretreatment standards and effluent limits.

Biochemical oxygen demand or BOD.

The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).

Categorical industrial user.

An industrial user subject to a categorical pretreatment standard or categorical standard.

Categorical pretreatment standard or categorical standard.

Any regulation containing pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) of the act (33 U.S.C. section 1317) that apply to a specific category of users and that appear in 40 CFR chapter I, subchapter N, parts 405–471.

Chemical oxygen demand or COD.

A measure of the oxygen required to oxidize all compounds, both organic and inorganic, in water or wastewater, expressed in milligrams per liter (mg/l) as the amount of oxygen consumed from a chemical oxidant in a specific analysis. The analysis does not differentiate between stable and unstable organic material, therefore does not necessarily correlate to a biochemical oxygen demand.

City.

The City of Kilgore, Texas, together with its governing and operating bodies.

Code of Federal Regulations (CFR).

A codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.

Combined wastestream formula.

As set forth in 40 CFR 403.6(e).

Composite sample.

A sample comprised of a mixture of discrete samples collected at the same sampling point at equal intervals over a 24-hour (or greater) period, with each interval not exceeding two hours. For a flow-proportionate composite sample, the discrete portion volumes vary according to flow. When flow is not continuous over a twenty-four-hour period, portions shall be collected at equal intervals over the period of discharge in a twenty-four-hour period, with each interval not to exceed two hours.

Control authority.

The City of Kilgore, as the POTW with an approved pretreatment program.

Cooling water.

The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat.

Daily discharge.

The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.

Daily maximum limit.

The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.

Daily maximum.

The arithmetic average of all effluent samples for a pollutant collected during a calendar day.

Direct discharge.

The discharge of wastewater directly to the waters of the State of Texas, including storm drains, manmade and natural drains, and other outlets.

Domestic wastewater.

Waterborne wastes normally discharged from the sanitary facilities of dwellings including houses, apartments, hotels, office buildings, and institutions excluding stormwater, surface water, and industrial wastes.

Environmental Protection Agency or EPA.

The U.S. Environmental Protection Agency or, where appropriate, the regional water management division director, the regional administrator, or other duly authorized official of said agency.

Existing source.

Any source of discharge that is not a "new source."

Grab sample.

A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.

Indirect discharge or discharge.

The introduction of pollutants into the POTW from any nondomestic source regulated under section 307(b), (c), or (d) of the Act, (33 U.S.C. 1251 et seq.).

Industrial user.

A source of indirect discharge, which does not constitute a "discharge of pollutants" under regulations, issued pursuant to section 402 of the Act (33 U.S.C. 1342).

Industrial waste.

Waste resulting from any process of industry, manufacturing, trade, or business; from development of any natural resource; from any mixture of the waste with water or normal domestic wastewater; and wastewater containing pollutants in higher concentrations than normal domestic wastewater as defined in this section.

Instantaneous limit.

The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference.

A discharge that, 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; is a cause of a violation of the city's TPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued hereunder, or any more stringent state or local regulations: section 405 of the Act; the Solid Waste Disposal Act, including title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Local limit.

Specific discharge limits developed and enforced by the city 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.

Monthly average.

The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month.

Monthly average limit.

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.

National Categorical Pretreatment Standard or pretreatment standard.

Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C. 1347), which applies to a specific category of industrial users.

National Prohibitive Discharge Standard or prohibitive discharge standard.

Any regulation developed under the authority of section 307(b) of the Act and 40 CFR, section 403.5.

New source.

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 that 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

(C)

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 (1)(A) or (B) above but otherwise alters, replaces, or adds to existing process or production equipment.

(3)

Construction of a new source as defined under this subsection has commenced if the owner or operator has:

Begun, or caused to begin, as part of a continuous on-site construction program.

(i)

Any placement, assembly, or installation of facilities or equipment; or

(ii)

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

Noncontact cooling water.

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 that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Pass through.

A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's TPDES 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 their legal representatives, agents, or assigns. This definition includes all federal, state, and local governmental entities. The masculine gender shall include the feminine. The singular shall include the plural where indicated by the context.

pH.

A measure of the acidity or alkalinity of a solution, expressed in standard units, and defined as the logarithm (base 10) of the reciprocal of the hydrogen ion activity in gram moles per liter of a solution.

Pollutant.

Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials (except as regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), 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).

Pretreatment requirements.

Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.

Pretreatment standards or standards.

Prohibited discharge standards, categorical pretreatment standards, and local limits.

Pretreatment.

The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Process wastewater.

Any water which, during manufacturing or processing, comes into direct contact with, or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Prohibited discharge standards or prohibited discharges.

Absolute prohibitions against the discharge of certain substances; these prohibitions appear in section 13.05.031 of this article.

Publicly owned treatment works or POTW.

A treatment works, as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by the city. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.

Septic tank waste.

Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Shall.

Indicated mandatory.

Significant industrial user (SIU).

An industrial user subject to categorical pretreatment standards; or

An industrial user that:

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater);

Significant noncompliance.

Contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

(C)

Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW's operation, endangerment of POTW employees, or for violating any pretreatment standard or requirement.

Any violation(s) which meet one or more of the following criteria in 40 CFR 403.8(f)(2)(vii):

Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all the measurements taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);

Slug load or slug discharge.

Technical review criteria (TRC) violations, defined as those in which 33% or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1), multiplied by the applicable TRC (TRC = 1.4 for BOD₅, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(3)

Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term average, instantaneous limit, or narrative standard) the control authority determines has caused, alone or in combination with other discharges, interference, pass through or has endangered the health of the POTW personnel or the general public;

(4)

Any discharge of a pollutant or pollutants that has caused an imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such discharge;

(5)

Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or obtaining final compliance;

(6)

Failure to provide, within thirty (30) calendar days after the due date, required reports including, but not limited to, baseline monitoring reports, ninety (90) calendar day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;

(7)

Failure to accurately report noncompliance;

(8)

Any other violation(s), which may include a violation of best management practices, which the control authority determines will adversely affect the operation or implementation of the local pretreatment program; or

(9)

The current definition accepted by the approval authority.

Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in section 13.05.031 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.

Standard Industrial Classification Code.

A classification pursuant to the standard industrial classification manual issued by the executive office of the president, office of management and budget, 1996.

Storm sewer.

Pipes, sewers, or other conveyances specifically designed to accept discharges of stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, yard drainage, lawn spray waters, pond water, and other similar water runoff. The term does not include pipes, sewers, or other conveyances connected to a facility providing water treatment. A storm sewer is not a part of the POTW.

Stormwater.

Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Superintendent.

The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article. The term also means his designee.

Texas Commission on Environmental Quality (TCEQ).

The environmental regulatory agency of the State of Texas may also be used to designate the administrator or other duly authorized official of the agency.

Texas Pollution Discharge Elimination System (TPDES).

The discharge permit program pursuant to section 402 of the Act (33 U.S.C. 1342) as delegated to the state regulatory agency from the EPA.

Total suspended solids or suspended solids.

The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and that is removable by laboratory filtering.

Toxic pollutant.

Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under the provision of section 307(a) of the Act, or other Acts and those found in the TCEQ 30 TAC 307.

User or industrial user.

A source of discharge of nonresidential wastewater.

Wastewater.

Liquid and waterborne industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which contribute to the POTW.

Wastewater treatment plant or treatment plant.

That portion of the POTW which is designed to provide treatment of municipal domestic wastewater and industrial waste.

Waters of the state.

The water of the ordinary flow, underflow, and tides or every foreign river, natural stream, lake, and of every bay of the Gulf of Mexico, and the stormwater, floodwater, and rainwater of every river, natural stream, canyon, ravine, depression, and watershed in the state is property of the state.