(a) 
Within either one hundred eighty (180) days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR § 403.6(a)(4), whichever is later, existing categorical users currently discharging to or scheduled to discharge to the POTW shall submit to the city manager a report which contains the information listed in subsection (b), below. At least ninety (90) days prior to commencement of their discharge, new sources, and sources that will become categorical users subsequent to the promulgation of an applicable categorical standard, shall submit to the city manager a report which contains the information listed in subsection (b), below. A new source shall report the method of pretreatment it intends to use to meet applicable categorical standards. A new source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged.
(b) 
Users described above shall submit the information set forth below.
(1) 
Identifying information.
The name and address of the facility, including the name of the operator and owner.
(2) 
Environmental permits.
A list of any environmental control permits held by or for the facility.
(3) 
Description of operations.
A brief description of the nature, average rate of production, and standard industrial classifications and/or North American Industry Classifications (NAICS) of the operation(s) carried out by the user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes.
(4) 
Flow measurement.
Information showing the measured or estimated average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR § 403.6(e).
(5) 
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 city manager, 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 86-136 of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the city manager or the applicable standards to determine compliance with the standard.
e. 
If discharge flow conditions are representative of daily operations, the user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this section. The city manager may require additional representative sampling to be conducted.
f. 
Representative samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR § 304.6(e) to evaluate compliance with pretreatment standards.
g. 
The city manager may allow the submission of a baseline report which utilizes only historical data so long as the data provides information sufficient to determine the need for industrial pretreatment measures.
h. 
The baseline report shall indicate the time, date and place of sampling and method of analysis, and shall certify that such sampling and analysis is representative of normal work cycle and expected pollutant discharges to the POTW.
i. 
Sampling must be performed in accordance with procedures set out in section 86-137 of this article.
(6) 
Certification.
A statement, reviewed by the user's authorized representative of the user and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment are required to meet the pretreatment standards and requirements.
(7) 
Compliance schedule.
If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide the additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule pursuant to this section must meet the requirements set out in section 86-128 of this article.
(8) 
Signature and Certification.
All baseline monitoring reports must be signed and certified in accordance with section 86-117(b)(1) of this article.
[Ordinance 2409 adopted 10/8/2024]
The following conditions shall apply to the compliance schedule required by section 86- 127(b)(7) of this article:
(1) 
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, and beginning and conducting routine operation);
(2) 
No increment referred to above shall exceed nine (9) months;
(3) 
The user shall submit a progress report to the city manager no later than fourteen (14) days following each date in the schedule and the final date of compliance including, at a minimum, whether it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
(4) 
In no event shall more than nine (9) months elapse between the submission of progress reports to the city manager.
[Ordinance 2409 adopted 10/8/2024]
Within ninety (90) days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any user subject to those pretreatment standards and requirements shall submit to the city manager a report containing the information described in section 86-127(b)(4) — (6) of this article. For users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR § 403.6(c), this report shall contain a reasonable measure of the user's long- term production rate. In cases where the categorical pretreatment standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the applicable categorical pretreatment standard necessary to determine the compliance status of the user. For all other users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with section 86-117(b)(1) of this article. All sampling will be done in conformance with section 86-137 of the article.
[Ordinance 2409 adopted 10/8/2024]
(a) 
All significant industrial users shall, at a frequency determined by the city manager but in no case less than twice per year, submit a report indicating the nature and concentration of pollutants in the discharge which are limited by pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the categorical pretreatment standard or the city manager requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the city manager or the applicable categorical pretreatment standard necessary to determine the compliance status of the user. All periodic compliance reports must be signed and certified in accordance with section 86-117(b)(1) of this article.
(b) 
All nonsignificant categorical industrial users (NSCIUs) shall submit a report annually in the month specified by the city manager. The report shall be completed according to the city's current reporting requirements, including the submittal of the applicable certification statement found in section 86-117(b)(3) of this article.
(c) 
All wastewater samples must be representative of the user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times. The failure of a user to keep its monitoring facility in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
(d) 
If a user subject to the reporting requirement in this section monitors any pollutant more frequently than required by the city manager using the procedures prescribed in sections 86-136 and 86-137 of this article, the results of this monitoring shall be included in the report.
[Ordinance 2409 adopted 10/8/2024]
(a) 
Each user must notify the city manager and the control authority of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater a minimum of thirty (30) days prior to the change.
(b) 
The city manager may require the user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under section 86-117(a) of this article.
(c) 
The city manager may issue a wastewater discharge permit or modify an existing wastewater discharge permit under division 3 of this article in response to changed conditions or anticipated changed conditions.
(d) 
For purposes of this requirement, significant changes include, but are not limited to, flow increases of 20% or greater, and the discharge of any previously unreported pollutants that are determined to be of concern.
[Ordinance 2409 adopted 10/8/2024]
(a) 
In the case of any discharge, including, but not limited to, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the city and the control authority 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.
(b) 
Within five (5) days following that discharge, the user shall, unless waived by the city manager, 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 which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall this notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this article.
(c) 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a), above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.
(d) 
Significant industrial users are required to notify the city manager immediately of any changes at their facilities affecting the potential for a slug discharge.
[Ordinance 2409 adopted 10/8/2024]
If sampling performed by a user indicates a violation, the user must notify the city manager within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the city manager within thirty (30) days after becoming aware of the violation. The user is not required to resample if the city manager monitors at the user's facility at least once a month, or if the city manager samples between the user's initial sampling and when the user receives the results of this sampling or if the city manager has performed the sampling and analysis in lieu of the user.
[Ordinance 2409 adopted 10/8/2024]
(a) 
Any user who commences the discharge of hazardous waste shall notify the POTW, the EPA Regional Waste Management Division Pretreatment Coordinator, and state hazardous waste authorities, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR § 261. Such notification must include the name of the hazardous waste as set forth in 40 CFR § 261, the EPA hazardous waste number, and the type of discharge (continuous, batch, or other). If the user discharges more than one hundred (100) kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months. All notifications must take place no later than one hundred and eighty (180) days after the discharge commences. Any notification under this division need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions must be submitted under section 86-131 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of sections 86-127, 86-129 and 86-130 of this article.
(b) 
Dischargers are exempt from the requirements of Subsection (a), above, during a calendar month in which they discharge no more than fifteen (15) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.
(c) 
In the case of any new regulations under section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user must notify the city manager, the POTW, the EPA Regional Waste Management Waste Division Pretreatment Coordinator, and state hazardous waste authorities of the discharge of that substance within ninety (90) days of the effective date of such regulations.
(d) 
In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(e) 
This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.
[Ordinance 2409 adopted 10/8/2024]
All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR § 136, and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR § 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 applicable sampling and analytical procedures, including procedures suggested by the city manager, the EPA, TCEQ, or other parties approved by EPA.
[Ordinance 2409 adopted 10/8/2024]
(a) 
Except as indicated in subsections (b) and (c) of this section, 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 city manager. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Using protocols (including appropriate preservation) specified in 40 CFR § 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to 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 city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits.
(b) 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
(c) 
For sampling required in support of baseline monitoring and 90-day compliance reports required in sections 86-127 and 86-129 (40 CFR § 403.12(b) and (d)), a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data does not exist; for facilities for which historical sampling data are available, the city manager may authorize a lower minimum. For the reports required by section 86-128 (40 CFR §§ 403.12(e) and 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance with applicable pretreatment standards and requirements.
[Ordinance 2409 adopted 10/8/2024]
Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern.
[Ordinance 2409 adopted 10/8/2024]
Users subject to the reporting requirements of this chapter shall retain, and make available for inspection and copying, all records of information obtained pursuant to any monitoring activities required by this article and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with best management practices established in this article. Records shall include the date, exact place, method, and time of sampling, and the name of the person(s) taking the samples; the dates analyses were performed; who performed the analyses; the analytical techniques or methods used; and the results of the analyses. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning the user or the city, or where the user has been specifically notified of a longer retention period by the city manager.
[Ordinance 2409 adopted 10/8/2024]