Definitions.
Unless a provision explicitly states
otherwise, the following terms and phrases, as used in this article,
shall have the meanings hereinafter designated.
Act or "the act."
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
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; or
(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 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.
(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 their designee.
(4)
The individuals described in subsections
(1) through
(3), above, may designate another 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.
Best management practices or BMPs.
Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section
13.05.002 (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.
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 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. § 1317) which apply to a specific category of users and which appear in 40 CFR chapter
1, subchapter N, parts 405–471.
City.
The City of Red Oak or the city council of Red Oak.
Composite sample.
A sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited
either as a time composite sample: composed of discrete sample aliquots
collected at constant time intervals providing a sample irrespective
of stream flow; or as a flow proportional composite sample: collected
either as a constant sample volume at time intervals proportional
to flow, or collected by increasing the volume of each aliquot as
the flow increases while maintaining a constant time interval between
the aliquots.
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.
Director of public works or director.
The person designated by the city who is charged with certain
duties and responsibilities by the ordinance. The term also means
a duly authorized representative of the director of public works.
Environmental protection agency or EPA.
The U.S. Environmental Protection Agency or, where appropriate,
the Regional Water Management Division Director, or other duly authorized
official of said agency.
Existing source.
Any source of discharge, the construction or operation of
which commenced prior to the publication by the EPA of proposed categorical
pretreatment standards, which will be applicable to the source if
the standard is thereafter promulgated in accordance with section
307 of the act.
Extrajurisdictional user.
A user the city has determined requires a permit to discharge,
other than a local government, which is located outside the jurisdiction
of the city, and which discharges or plans to discharge to the POTW.
Grab sample.
A sample which 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.
Instantaneous maximum allowable discharge limit.
The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited
sample collected, independent of the industrial flow rate and the
duration of the sampling event.
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; and therefore is a cause of a violation of the control authority's
NPDES or 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 thereunder, 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); 40 CFR pt. 503, sludge regulations; any state
regulations contained in any state sludge management plan prepared
pursuant to subtitle D of the Solid Waste Disposal Act and 30 TAC
312; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protection, Research, and Sanctuaries Act.
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.
Natural outlet.
Any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
New source.
(1)
Any building, structure, facility, or installation from which
there is (or may be) a discharge of pollutants, the construction of
which commenced after the publication of proposed pretreatment standards
under section 307(c) of the act, which will be applicable to the source
if such standards are thereafter promulgated in accordance with that
section, provided that:
(A)
The building, structure, facility, or installation is constructed
at a site at which no other source is located;
(B)
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.
(2)
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)(B) or
(C) 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:
(A)
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
(B)
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.
Noncontact cooling water.
Water used for cooling which does not come into direct contact
with any raw material, intermediate product, waste product, or finished
product.
Normal wastewater.
Wastewater which the average concentration of suspended solids
and five-day BOD does not exceed 250 mg/l each.
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 control authority's NPDES
or 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.
pH.
A measure of the acidity or alkalinity of a solution, expressed
in standard units.
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).
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 the 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.
Pretreatment requirements.
Any substantive or procedural requirement related to pretreatment
imposed on a user, other than a pretreatment standard.
Process wastewater.
Water that comes into direct contact with or results from
the production or use of any raw material, intermediate product, finished
product, byproduct, waste product, or wastewater, and/or as defined
in a national pretreatment standard.
Publicly owned treatment works or POTW.
A "treatment works," as defined by section 212 of the Act
(33 U.S.C. § 1292), which is owned by the city and/or the
control authority. 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 sewage from holding tanks such as vessels, chemical toilets,
campers, trailers, and septic tanks.
Sewage.
Human excrement and gray water (household showers, dishwashing
operations, etc.).
Shall
is mandatory; May is permissive.
Significant industrial user.
(1)
SIUs.
(A)
A user subject to categorical pretreatment standards; or
(B)
A user that:
(i)
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);
(ii)
Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of
the POTW treatment plant; or
(iii)
Is designated as such by the city on the basis that it has a
reasonable potential for adversely affecting the POTW's operation
or for violating any pretreatment standard or requirement.
(C)
Upon a finding that a user meeting the criteria in subsection
(B) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that the user should not be considered a significant industrial user.
(2)
NSCIUs.
(A)
The city may determine that an industrial user subject to categorical
pretreatment standards is a nonsignificant categorical industrial
user (NSCIU) upon finding the IU meets any the following criteria:
(i)
The industrial user never discharges more than 100 gallons per
day (gpd) of total categorical wastewater (excluding sanitary, noncontact
cooling and boiler blowdown wastewater, unless specifically included
in the pretreatment standard);
(ii)
The industrial user is required by a categorical pretreatment
standard to not discharge categorical wastewater. An industrial user
that meets this criteria shall continue to be prohibited from discharging
categorical wastewater;
(iii)
The industrial user is subject to numeric categorical pretreatment
standard(s) and does not discharge categorical wastewater;
Industrial users with no potential to discharge process wastewater
may be evaluated for regulatory requirements separately and may be
classified as a non-SIU.
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(B)
The following conditions must be met for an industrial user
classified as a NSCIU:
(i)
The industrial user, prior to city's finding, has consistently
complied with all applicable categorical pretreatment standards and
requirements;
(ii)
The industrial user annually submits the certification statement required in section
13.05.003(e)(2)(C), together with any additional information necessary to support the certification statement; and
(iii)
The industrial user never discharges any untreated concentrated
wastewater.
Slug load or slug discharge.
Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in section
13.05.002 of this article. A slug discharge is any discharge of a nonroutine, episodic nature, including but not limited to accidental spill or a noncustomary batch discharge, which has a reasonable potential to cause interference or pass through, or in any way violate the POTW's regulations, local limits or permit conditions.
Stormwater.
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Suspended solids.
The total suspended matter that floats on the surface of,
or is suspended in, water, wastewater, or other liquid, and which
is removable by laboratory filtering.
Total toxic organics or TTO.
The sum of the masses or concentration of the toxic organic
compounds listed in 40 CFR 122 Appendix D, Table 2, excluding pesticides,
found in an industrial user's discharge at a concentration greater
than 0.01 mg/l. Only those parameters reasonably suspected to present,
if any, shall be analyzed for local limit compliance if required by
the director. For categorical SIU's, with categorical TTO monitoring
requirements, TTO parameter selection is specific to the federal category.
TPDES.
Texas Pollutant Discharge Elimination System permit program
of the Texas Commission on Environmental Quality with federal regulatory
authority to act on an approved pretreatment program.
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 POTW.