When used in this article, these terms shall be defined as follows:
Abnormal sewage
means any industrial waste discharged into the authority's sanitary sewer which, when analyzed, shows by weight a total suspended solids (TSS) concentration greater than 250 mg/L or a biochemical oxygen demand (BOD) concentration greater than 250 mg/L. In addition, the authority may judge independently a waste's suitability for discharge to the POTW that requires additional treatment, based upon BOD, TSS or other characteristics, as abnormal. Any waste in this classification must be made acceptable for discharge into the POTW as defined in this article.
Act
means the Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approval authority
means the Director of the Texas Commission on Environmental Quality ("TCEQ").
Authority
means the City of North Richland Hills, Texas.
Authorized representative of the industrial user
means authorized representatives (authorized signatories) for wastewater discharge permit applications and for reports submitted under this article are:
(1) 
A responsible corporate officer, if the discharger submitting the application or report is a corporation. This includes the president, vice-president, secretary or treasurer 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.
(2) 
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 or any control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(3) 
For a partnership or sole proprietorship, a general partner of the proprietor, respectively.
(4) 
The principal executive officer or director having responsibility for the overall operation of the facility if the discharger is a federal, state or local governmental entity, or their agents.
(5) 
A duly authorized representative of the individual designated in (1), (2), (3) or (4) above if:
a. 
The authorization is made in writing by the individual described above in (1), (2), (3) or (4);
b. 
The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the discharge originates (such as a plant manager), or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
c. 
The written authorization is submitted to the city.
d. 
If an authorization is no longer accurate because a different individual or position has responsibility, a new authorization must be submitted to the city prior to or together with any reports signed by an authorized representative.
Best management practices (BMP)
means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 78-213(e)(4) [40 CFR 403.5(a)(1) and (b)] and to prevent or reduce the pollution of the MS4 and waters of the United States. 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 (BOD)
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed as parts per million by weight or in terms of milligrams per liter.
Bypass
means the intentional diversion of waste streams or wastewater from any portion of a discharger's wastewater treatment equipment or pretreatment facility.
Categorical industrial user
means an industrial user subject to a categorical pretreatment standard or categorical standard.
Categorical pretreatment standards
means limitations on pollutant discharges to POTW's promulgated by EPA in accordance with section 307 of the Clean Water Act, that apply to specified process wastewaters of particular Industrial categories [40 CFR 403.6 and Parts 405-471].
CFR
means Code of Federal Regulations.
City
means the City of North Richland Hills, Texas.
COD (chemical oxygen demand)
means the measure of the oxygen-consuming capacity of inorganic matter present in the water or wastewater expressed in mg/L as determined by the amount of oxidant consumed from a chemical reflux. Such term does not, however, differentiate between stable and unstable organic matter, and therefore does not necessarily correlate with BOD.
Combined wastestream formula (CWF)
means a procedure found in 40 CFR 403.6(e) for calculating fixed alternative discharge limits at industrial facilities applicable when regulated process wastewater, subject to a categorical pretreatment standard, is mixed with non-regulated wastewaters prior to sampling.
Composite sample
means a mixture of grab samples collected at the same sample point at different times and composed of not less than four samples. The series of samples may be collected on a time or flow proportional basis.
(1) 
Time proportional composite sample: A sampling method which combines discrete samples of constant volume collected at constant time intervals (e.g., 200 milliliter samples collected every half hour for a 24-hour period).
(2) 
Flow proportional composite sample: A sampling method which combines discrete samples collected over time, based on the flow of the waste stream being sampled. There are two methods used to collect this type of sample. One method collects a constant sample volume at time intervals which vary based on the stream flow [e.g., 200 milliliters of sample collected for every 5,000 gallons discharged]. The other method collects samples of varying volume, based on stream flow, at constant time intervals.
(3) 
Flow proportional composite will be used only in locations that have the capability to measure flow during the sampling period.
Contaminated
means contains a harmful quantity of any substance.
Control authority
means the City of Fort Worth, Texas or the Trinity River Authority, as holders of the respective Texas Pollutant Discharge Elimination System (TPDES) permits and as holders of the wastewater contracts with the City of North Richland Hills.
Cooling water
means the water discharged from any system of condensation such as air conditioning, cooling, refrigeration or water used as a coolant in cooling towers where the only pollutant is thermal.
Discharge
means in its verb form means to deposit, conduct, drain edit, throw, run, allow to seep or otherwise release or dispose; to allow, permit or suffer any of these acts or omissions. In its noun form: the product of any of these acts.
Discharger
means any user discharging an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, surface water intercepting ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto. The term includes owners and occupants of such premises.
Disposal
means the discharge, deposit, injection, dumping, spilling, leaking or placing of industrial, liquid or hazardous waste into or on land, water or the POTW.
EPA
means Environmental Protection Agency of the federal government.
Existing source
means 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 such source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
Garbage
means animal and vegetable waste or residue from preparation, cooking or dispensing of food or from the handling, storage, and sale of food products and produce.
Generator
means a person who causes, creates, generates, or otherwise produces waste.
gpd
means gallons per day.
Grab sample
means a sample which is taken from a waste stream on a one time basis with no regard to the flow of the waste stream and without consideration of time. The sample is collected over a period of time not exceeding 15 minutes.
Hazardous waste
means any liquid, semi-liquid or solid waste (or combination of wastes), which because of its quantity, concentration, physical, chemical or infectious characteristics is:
(1) 
Identified as hazardous waste in 40 CFR Part 261; or
(2) 
Identified or listed as a hazardous waste under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361.
Indirect discharge or discharge
means the introduction of pollutants into a POTW from any non-domestic source regulated under Section 307(b), (c) or (d) of the Act.
Industrial waste
means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
Industrial user or user
means a source of indirect discharge.
Instantaneous maximum allowable discharge limit
means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete grab or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
Interference
means a discharge which, alone or in conjunction with a discharge or discharges from other sources:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) 
Therefore is a cause of a violation of any requirement of the POTW's TPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act; or
(3) 
Therefore is a cause of a violation of a wastewater contract for sewage disposal or of receiving water quality standards.
Maximum daily average
means the maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample. The daily composite sample is the concentration of discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.
May
is permissive.
mg/L
means milligram per liter.
Monitored user
means commercial and industrial users which are not classified as significant industrial users and do not discharge a significant amount of regulated pollutants on a regular basis.
Monthly average limit
means 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.
New source
means 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 such source if such standards are thereafter promulgated in accordance with that section, provided that:
(1) 
The building, structure, facility or installation is constructed at a site at which no other source is located; or
(2) 
The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
(3) 
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.
(4) 
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 (2) or (3) above but otherwise alters, replaces, or adds to existing process or production equipment.
(5) 
Construction of a new source under this definition has commenced if the owner or operator has;
a. 
Begun, or caused to begin as part of a continuous onsite construction program;
1. 
Any placement, assembly, or installation of facilities or equipment; or
2. 
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 is 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 definition.
Non-significant categorical industrial user
means for facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility, an industrial user that is subject to categorical pretreatment standards may, at the sole discretion of the operations manager, be permitted as a non-significant categorical industrial user (NSCIU) if the following conditions are met:
(1) 
The industrial user, prior to city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
(2) 
The industrial user annually submits the certification statement required in section 78-215(a)(4)a.1. [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
(3) 
The industrial user never discharges any categorical process wastewater into the sanitary sewer.
Normal wastewater
means wastewater in which the average concentration of total suspended solids is not more than 250 mg/L and BOD is not more than 250 mg/L, and which is otherwise acceptable to be discharged into a sanitary sewer under the terms of this article.
NPDES (National Pollutant Discharge Elimination System)
means National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency, and/or the permit program of the state agency delegated to act on the Environmental Protection Agency's behalf with an approved pretreatment program (e.g. TPDES or Texas Pollutant Discharge Elimination System.).
North American Industry Classification System (NAICS)
means a system used by the Federal Government for collecting and organizing industry-related statistics. The NAICS codes are updated every five years to stay current with industry developments.
Noncontact cooling water
means water used for cooling which does not come into direct contact with raw materials, intermediate product, waste product, or finished product.
O and M (or O&M)
means operation and maintenance.
Operations manager
means the operations manager of public works of the city or his/her authorized representative.
Other wastes
means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, and all other substances except sewage and industrial wastes.
Owner or occupant
means the person, firm, or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid, into the sanitary sewage system of the city, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
Over load
means the discharge of BOD/COD, solids or wastewater volume in excess of the POTW's capacity.
Pass through
means the discharge of pollutants through the POTW into waters of the United States in quantities or concentrations which are a cause of or significantly contribute to a violation of any requirement of the POTW's TPDES or NPDES permit.
Per- and Poly-Fluoroalkyl Substances (PFAS).
The following group of synthetic chemicals used in industrial and consumer products which do not degrade easily in the environment: Perfluorooctanoic Acid (PFOA), Perfluorooctane Sulfonic Acid (PFOS), Perfluornonanoic Acid (PFNA), Perfluorohexane Sulfonate (PFHxS), Perfluorobutane Sulfonate (PFBS), and Perfluorohexanoic Acid (PFHxA).
Permit
means wastewater discharge permit, issued to non-domestic dischargers into the sanitary sewerage system of the POTW.
Person
means any individual, business entity, partnership, corporation, governmental agency, political subarticle, or any agent or employee thereof.
pH
means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, in grams per liter of solution; a measure of the acidity or alkalinity of a solution, expressed in standard units.
Polluted water
means water and/or liquid waste containing any of the following:
(1) 
Free or emulsified grease, and/or oil.
(2) 
Acids or alkalis.
(3) 
Phenols or other substances producing taste or odor in receiving water.
(4) 
Toxic or poisonous substances in suspension, colloidal state or solution.
(5) 
Noxious or otherwise obnoxious or odorous gases, liquids or solids.
(6) 
More than ten mg/L of total suspended solids or BOD, or both.
(7) 
Color; either true or apparent, exceeding 50 units.
(8) 
More than 500 mg/L of dissolved solids, more than 250 mg/L of chlorides or more than 250 mg/L sulfates.
(9) 
A pH value of less than 5.5 or greater than 11.0 for discharges to TRA; and lower than 5.0 or higher than 12.0 for discharges to Fort Worth.
(10) 
Any water or wastewater not approved for discharge into water of the state by the TCEQ.
Pollutant
means dredged spoil, solid, waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.
POTW (publicly owned treatment works)
means a treatment works as defined by Section 212 of the Act, which is owned by the control authority. This definition includes any devices and systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any other conveyances which convey wastewater to a treatment plant.
Pretreatment
means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into the sanitary sewer.
Pretreatment requirements
means any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user.
Pretreatment standard or standard
means prohibited discharge limits established pursuant to 40 CFR Part 403.5, categorical pretreatment standards, and local limits, including BMPs.
Process wastewater
means the 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.
Public sewer
means pipe or conduit carrying sanitary or storm wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.
Public works utility superintendent (or superintendent)
means public works utility superintendent of the city, or his/her authorized representative.
Sanitary sewer
means a publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW.
Sanitary sewer service
means a sewer conveying wastewater from the premises of a user to the POTW.
Septage
means wastes removed from a septic tank.
Severe property damage
means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can be reasonably expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Sewage
means water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present.
Shall
is mandatory.
Significant change
means an increase or decrease in the volume of wastewater discharged by more than 20 percent from the data submitted in the permit application, or the deletion or addition of any pollutant regulated by the authority or by a categorical standard. Volumes are those measured by the water service meter, a verifiable estimate, or a permanently installed effluent flow meter approved by the authority.
Significant industrial user (SIU)
means:
(1) 
For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility:
a. 
An industrial user subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N and any other industrial user that:
1. 
Discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling or boiler blowdown wastewater);
2. 
Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of a POTW; or
3. 
Is designated as such by the authority on the basis that the industrial user has a reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement in accordance with 40 CFR 403.8(f)(6).
b. 
An industrial user that is subject to categorical pretreatment standards may, at the discretion of the operations manager, be permitted as a non-significant categorical industrial user (NSCIU) based on a finding that the industrial user never discharges categorical wastewater (excluding sanitary, noncontact cooling and boiler blow-down wastewater, unless specifically included in the pretreatment standard) and the following conditions are met:
1. 
The industrial user, prior to city's finding, has consistently complied with all applicable categorical pretreatment standards and requirements;
2. 
The industrial user annually submits the certification statement required in section 78-215(a)(4)i.2. [see 40 CFR 403.12(q)], together with any additional information necessary to support the certification statement; and
3. 
The industrial user never discharges any categorical process wastewater into the sanitary sewer.
c. 
Upon a finding that a non-categorical industrial user meeting the criteria for a significant industrial user has no reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement, the operations manager may at any time on its own initiative or in response to a petition received from a non-categorical industrial user, and in accordance with 40 CFR 403.8(f)(6), determine such user is not a significant industrial user.
(2) 
For facilities discharging to Trinity River Authority Central Regional Wastewater System:
a. 
An industrial user subject to categorical pretreatment standards and any other industrial user that:
1. 
Discharges an average of 25,000 gallons per day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling or boiler blowdown wastewater);
2. 
Contributes a process waste stream which makes up five percent or more of the average dry weather hydraulic or organic capacity of a POTW; or
3. 
Is designated as such by the authority on the basis that the industrial user has a reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement.
b. 
Upon a finding that a non-categorical industrial user meeting the criteria for a significant industrial user has no reasonable potential for adversely affecting a POTW's operation or for violating any pretreatment standard or requirement, the authority may at any time on its own initiative or in response to a petition received from a non-categorical industrial user, determine such user is not a significant industrial user.
Slug load or slug discharge
means any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in 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 (SIC) Code
means the codes which best describe the activities conducted at the facility or establishment. SIC codes are four digit numbers used by the Bureau of Census as part of a system to categorize and track the types of business activities conducted in the United States. The first two digits of the code represent the major industry group and the second two digits represent the specific subset of that group. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
Standard methods
means "Standard Methods for the Examination of Water and Wastewater", a publication prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation, as it may be amended from time to time.
State
means the State of Texas.
Storm sewer
means all roads with drainage systems, streets, catch basins, curbs, gutters, ditches, watercourses and storm drains, which are designed or used for collecting or conveying storm water.
Storm water
means any flow occurring during or following any form of natural precipitation, and resulting from such precipitation including snowmelt.
Texas Pollutant Discharge Elimination System (TPDES) Permit
means permit issued by the Texas Commission on Environmental Quality under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.
Total suspended solids (TSS)
means solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering.
Total toxic organics (TTO)
means the sum of masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in Industrial Users’ discharges at a concentration greater than 0.01 mg/L. With Categorical industries, the list of TTOs is specific for every applicable federal category. TTO’s will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, to be determined by the City, where not stipulated.
Toxic pollutant
means any substance that is identified as hazardous waste in 40 CFR Part 261 or established pursuant to 40 CFR Part 403.
TRA
means Trinity River Authority.
Transporter
means a person who owns or operates a vehicle used for the purpose of transporting waste, or a person who authorizes such operation.
Upset
means an exceptional incident in which a discharger unintentionally and temporarily is in a state of non-compliance with the standards established in this article, due to factors beyond the reasonable control of the discharger and excluding non-compliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof. Any affirmative defenses to upset only apply to federal court actions as per section 78-216(g)(3).
U.S.C.
means United States Code.
User
means a person who is a source of an indirect discharge.
Waste
means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural, commercial or industrial activities.
Wastewater
means liquid and water-carried industrial waste and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
Watercourse
means a natural or manmade channel in which a flow of water occurs, either continuously or intermittently.
Waters of the state
means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which contained within, flow through or border upon the state or any portion thereof.
(Ordinance 3177, § 1, adopted 1/9/2012; Ordinance 3887 adopted 1/27/2025)
(a) 
This article provides for prohibitions on discharges of certain substances into the public sewer system of the city from all sources, domestic, commercial, or industrial. A further purpose of this article is to set forth uniform requirements for industrial dischargers into the authority's wastewater collection and treatment systems, and to enable the authority to protect the general public's health and POTW personnel in conformance with all applicable state and federal laws relating thereto, including the Clean Water Act. Parts of this article are enacted pursuant to regulations established by the U.S. Environmental Protection Agency (EPA) as set forth in 40 CFR Part 403 and all applicable state and federal laws, including the Clean Water Act (33 United States Code 1251 et seq.) and as set forth in 40 CFR Part 403.
(b) 
All categorical pretreatment standards, lists of toxic pollutants, record-keeping requirements, industrial categories and other standards and categories which have been or which will be promulgated by the EPA shall be incorporated as a part of this article, as will EPA regulations regarding sewage pretreatment established pursuant to the Act, and amendment of this article to incorporate such changes shall not be necessary. The authority shall maintain current standards and regulations which shall be available for inspection and copying.
(c) 
The objectives of this article are:
(1) 
To prevent the introduction of pollutants into the authority wastewater system that will interfere with the normal operation of the system, including interference with the use or disposal of sludge, or contaminate the resulting sludge;
(2) 
To prevent the introduction of pollutants into the POTW, and which will pass through the system into receiving waters or the atmosphere or which are otherwise incompatible with the system;
(3) 
To improve the opportunity to recycle or reclaim wastewater and sludge from the system;
(4) 
To provide for the equitable distribution of the cost of operation, maintenance, and improvement of the POTW;
(5) 
To prevent the entrance of pollutants into watercourses within the city and to maintain the quality of water consistent with public health and enjoyment;
(6) 
To ensure that the quality of wastewater treatment plant sludge is maintained at a level that allows its use and disposal in compliance with applicable statutes and regulations;
(7) 
To protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public; and
(8) 
To enable the city to comply with its contracts with the City of Fort Worth and the Trinity River Authority; to enable the Trinity River Authority and the City of Fort Worth to comply with their NPDES or TPDES permit conditions, sludge use and disposal requirements, and any other federal and state laws to which the POTW is subject.
(d) 
The regulation of discharges into the authority's wastewater system under this article shall be accomplished through the issuance of permits, as specified in section 78-215, and by monitoring and inspection of facilities, according to this article.
(e) 
The operations manager shall have the authority to promulgate such administrative regulations that are consistent with this chapter and necessary for the enforcement of this article.
(f) 
For the purpose of promoting consistency of enforcement throughout the city's jurisdiction and service areas, the operations manager shall promulgate an enforcement response plan (ERP).
(g) 
The operations manager is authorized to administer, implement, and enforce the provisions of this article. Additionally, the operations manager is authorized to make inspections pursuant to this article and to take enforcement action against violators.
(Ordinance 3177, § 1, adopted 1/9/2012)
(a) 
Discharges to storm drains and watercourses.
It shall be unlawful for any person to discharge or cause to be discharged any wastewater into any storm drain or watercourse within the city, except for those persons with approved permits for such discharges.
(b) 
General prohibited discharges.
(1) 
No person shall discharge or cause to be discharged any storm water, surface water, ground water, artesian well water, condensate, de-ionized water, noncontact cooling water, roof runoff, subsurface drainage, and unpolluted wastewater or drainage from downspouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer.
(2) 
Water from unpolluted industrial water or cooling water from various equipment shall not be discharged into sanitary sewers if an alternate acceptable means of disposal is available. If an alternate acceptable means of disposal is not available, such water may be discharged into the sanitary sewer with the approval of the city.
(3) 
No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other national, state, or local pretreatment standards or requirements.
(c) 
Prohibited sewer connections.
It shall be unlawful for any person to deposit or discharge into the sanitary sewer any liquid or solid waste, including trucked or hauled wastes, unless such deposit or discharge has been approved by the authority.
(d) 
Specific discharge prohibitions.
No person shall contribute or cause to be discharged directly or indirectly, into any public sanitary sewer any of the following described substances, materials, water or waste.
(1) 
Temperature.
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit, 65 degrees Centigrade or a temperature which inhibits or interferes with biological activity in the POTW treatment plant. In no case shall wastewater be introduced which would have a temperature exceeding 104 degrees Fahrenheit or 40 degrees Centigrade upon entering the POTW treatment plant.
(2) 
Solidifying substance.
Any water or waste which contains wax, grease, oil, petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit, thereby contributing to the clogging, plugging or otherwise restricting the flow of wastewater through the collection system.
(3) 
Explosive.
Pollutants which create a fire or explosion hazard in the sewer system or POTW, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit 60 degrees Centigrade using the test methods specified in 40 CFR Part 261.21. This includes flammable or explosive liquids, solids or gases such as gasoline, kerosene, benzene, naphtha, etc., which by reason of their chemical properties or quantity may be sufficient, either alone or by interaction, to cause fire or explosion.
(4) 
Obstruction.
Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference, such as, but not limited to, ashes, cinders, asphalt, concrete, cement, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids.
(5) 
Garbage.
Any garbage that has not been properly comminuted or shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
(6) 
Gases.
Any noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance and repair.
(7) 
Sludge.
Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process as determined pursuant to criteria in this article. In no case, shall a substance discharged to the POTW cause the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act or any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, or state standards applicable to the sludge management method being used.
(8) 
NPDES.
Any substance which will cause the POTW to violate its NPDES or other disposal system permits, or the receiving stream water quality standards.
(9) 
Objectionable color.
Any substance with objectionable color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(10) 
Slugload.
Any dump or slugload.
(11) 
Hazard to human life.
Any wastewater which causes a hazard to human life or creates a public nuisance.
(12) 
Toxicity test.
Wastewater causing, alone or in conjunction with other sources, the treatment plant's effluent to fail a toxicity test.
(13) 
Swimming pool.
Swimming pool drainage from private residential pools may not be discharged to the sanitary sewer system. Swimming pool drainage from public and semi-public swimming pools may be discharged to the POTW with the prior consent of the authority. Swimming pool filter backwash may be discharged to the POTW.
(14) 
Detergents.
Detergents, surface-active agents, or other substances which may cause excessive foaming in the POTW.
(15) 
Medical waste.
Medical wastes, except as specifically authorized by the authority in a wastewater discharge permit.
(16) 
Pollutants.
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
(17) 
Interference.
Any pollutant, including oxygen-demanding pollutants (BOD, etc.) 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 POTW.
(18) 
Oils.
Petroleum oil, non-biodegradable cutting oil, or product of mineral oil origin in amounts that will cause interference or pass through.
(19) 
Trucked or hauled pollutants.
a. 
Trucked or hauled industrial waste, except as approved in writing by the director; or
b. 
Trucked or hauled waste from any industrial activities/processes regulated by any specific category listed in 40 Code of Federal Regulations (40 CFR) Parts 405–471 with detectable quantities of PFAS.
(20) 
pH.
Pollutants which will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges.
(21) 
Oil and grease.
a. 
For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility:
1. 
Petroleum oil, non-biodegradable cutting oil, or nonpolar products of mineral oil origin in concentrations greater than 200 mg/L; or
2. 
Visible free floatable polar oils, fats, or grease or a concentration greater than 200 mg/L in wastewater discharged from industrial or commercial facilities into the POTW.
3. 
In no case shall discharges in amounts that cause interference or operational problems with the POTW be allowed.
b. 
For facilities discharging to Trinity River Authority Central Regional Wastewater System: Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference but in no case solids greater than one-half inch in any dimension of fats, oil and grease measured as total oil and grease in excess of 200 mg/L.
(22) 
BTEX.
BTEX concentration greater than 1.0 mg/L.
(23) 
Gases.
Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess of ten parts per million.
(24) 
Radioactive.
Radioactive wastes or isotopes with a half-life or concentration exceeding limits established by the authority in compliance with applicable state or federal regulations.
(25) 
Toxics.
Toxic pollutants in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to pass through the treatment plant and impair aquatic life in receiving water, as expressed by the results of acute or chronic toxicity tests of the POTW effluent.
(26) 
Categorical.
Pollutants in excess of the limitations established in an applicable categorical pretreatment standard set forth in Title 40 of the Code of Federal Regulations.
(27) 
Explosive.
Wastewaters which emanate vapors causing the atmosphere in the sewer system to exceed 20 percent of the lower explosive limit in the immediate area of the discharge.
(28) 
Any PFAS or PFAS-related substances above baseline collection system concentrations of 25 ng/L without an approved plan of correction, as defined in the dischargers permit, which employs “Best Management Practices” (BMPs) to reduce or eliminate the pollutants within one year of detection/notification.
(e) 
Wastewater limitations.
No person shall contribute or cause to be discharged, directly or indirectly, into any sanitary sewer any wastewater containing or having:
(1) 
Acids or alkalies.
Acids or alkalies capable of causing damage to sewage disposal structures or personnel or having a pH value:
a. 
Lower than 5.0 or higher than 12.0 for discharges to Fort Worth; or
b. 
Lower than 5.5 or higher than 11.0 for discharges to TRA.
(2) 
Local limits.
Metals in the form of compounds or elements with total concentrations exceeding the following:
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT
(mg/L)
 
For Discharges to TRA
For Discharges to Fort Worth
Arsenic
0.2
0.25
Cadmium
0.1
0.15
Chromium
2.1
5.0
Copper
1.8
4.0
Lead
1.2
2.9
Mercury
0.06
0.01
Molybdenum
0.5
No Limit
Nickel
3.3
2.0
Selenium
0.2
No Limit
Silver
0.8
1.0
Zinc
6.1
5.0
(3) 
Cyanide.
Cyanide or cyanogen compounds (expressed as total Cn) in excess of:
a. 
1.0 mg/L for discharges to Fort Worth; and
b. 
0.4 mg/L for discharges to TRA.
(4) 
Best management practices.
The operations manager may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to help implement local limits and other pretreatment standards.
(5) 
A person commits an offense if with criminal negligence the person processes or stores pollutants, substances, or wastewater prohibited by this section in such a manner that they could be discharged to the POTW.
(f) 
Accidental discharge/slug discharge control plan.
The authority shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges at the time of SIU determination or at least by the first year. All the activities associated with slug control evaluation and results are to be kept in the industrial user file. The authority may require any user to develop, submit for approval, and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the authority may develop such a plan for any user. An accidental discharge/slug discharge control plan shall address, at a minimum, the following:
(1) 
Description of discharge practices, including nonroutine batch discharges;
(2) 
Description of stored chemicals;
(3) 
Procedures for immediately notifying the authority of any accidental or slug discharge, as required by section 78-214(b); and
(4) 
Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency response.
(g) 
Interceptors required.
Where any wastewater may contain sand, grit, debris, undesirable wastes or oil and grease in excess of the allowable limit, appropriate interceptors to remove the aforementioned substances shall be provided and maintained by the person contributing to or causing the discharge, directly or indirectly, at his/her own expense and as required by the authority. Such dischargers shall:
(1) 
Direct all waste streams, which may contain oil, grease, sand, grit, and solids into an approved interceptor or other pretreatment device approved by the authority.
a. 
All fixtures, equipment, and drain lines located in a facility's food preparation and clean up areas shall be connected to an interceptor.
b. 
The following types of equipment or fixtures shall be connected to a grease interceptor: pre-rinse or pre-wash sinks or sinks in dishwashing areas; dishwashers; two or three compartment sinks; wok stoves; garbage disposals; kitchen floor drains; floor sinks; mop sinks; food prep sinks; and hand sinks.
(2) 
Provide equipment and facilities of a type, design and minimum capacity approved by the authority.
a. 
Interceptors designed to remove oil and grease shall be designed to hold 100 percent of the discharger's estimated waste stream for a minimum of 12 minutes.
1. 
The interceptor shall have a minimum of two compartments and a minimum of one baffle.
2. 
The interceptor shall be capable of separation and retention of grease and storage of settled solids.
3. 
The interceptor shall be designed, constructed, and installed for adequate load bearing capacity.
4. 
A manhole cover shall be installed over each compartment of sufficient size to accommodate cleaning and maintenance.
5. 
The interceptor shall be installed in a location outside of the building.
6. 
The interceptor size shall be based on the following calculation or as determined by the authority.
Total fixture waste stream1 x 40% x 12 minutes = interceptor capacity2
1 The total fixture estimated waste stream is determined by adding the diameters (in inches) of all drains discharging into the interceptor and multiplying this number by 7.5
2 In gallons
(3) 
Dischargers who discharge extraordinary amounts of abnormal waste may be required to have a higher than minimum capacity interceptor.
(4) 
Locate the interceptor in a manner that provides ready and easy accessibility for monitoring, cleaning, and inspection.
(5) 
Maintain the interceptor in an effective operating condition by completely cleaning the interceptor and removing all accumulated wastes quarterly (three months) or at a greater frequency as needed to meet regulated discharge limits.
(6) 
No chemicals, enzymes, bacteria, or other chemical grease-reducing agents shall be added to an interceptor.
(7) 
Provide monitoring facilities as specified by the authority.
(Ordinance 3177, § 1, adopted 1/9/2012; Ordinance 3887 adopted 1/27/2025)
(a) 
Compliance with standards.
(1) 
Applicable laws.
All dischargers shall be subject to those federal, state, and local requirements and limitations which are the most stringent. All limitations listed in this article shall apply at the point where the wastewater is discharged to the POTW.
(2) 
Dilution.
No discharger shall increase the use of potable or process water in any way for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this article.
(3) 
Mass limitations.
Where deemed appropriate the authority may apply mass limitation expressed in pounds per day of pollutant discharged.
(4) 
Categorical pretreatment standards.
a. 
Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the authority may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
b. 
When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, operations manager shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
c. 
A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard.
d. 
A user may obtain a net gross adjustment to a categorical standard in accordance with 40 CFR 403.25.
(b) 
Accidental discharge.
(1) 
Each discharger shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this article. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the discharger's cost and expense. When applicable, detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the authority for review, and shall be approved by the authority before construction of the facility. Review and approval of such plans and operating procedures by the authority shall not relieve the discharger from the responsibility to modify its facility as necessary to meet the requirements of this article.
(2) 
Dischargers shall notify the authority immediately upon the occurrence of a "slug" or accidental discharge of substances prohibited by this article. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, corrective actions taken, and be signed by the discharger's authorized representative. Within five days following such discharge, the user shall submit to the operations manager a detailed written report which specifies:
A description and cause of the discharge, including location of the discharge, type, concentration, and volume of water; duration of non-compliance including exact dates and times of non-compliance and, if the non-compliance is continuing, an immediate response to cause the noncompliant discharge to cease; and all steps taken or to be taken to reduce, eliminate, and prevent continuation or recurrence of such an upset, slug load, or accidental discharge, spill, or other conditions of non-compliance. Any discharger discharging slugs of prohibited materials shall be liable for any expense, loss or damage to the wastewater system and the POTW, in addition to the amount of any fines imposed on the authority under state or federal law.
(3) 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a discharge described in this subsection. Each employer shall instruct all applicable employees, who may cause or discover such a discharge, with respect to emergency notification procedure including the proper telephone number of the authority to be notified.
(c) 
Wastewater discharges into private sewer systems.
All dischargers who discharge wastewater into a private sewer system shall comply with this article including section 78-215, provided, however, that flow measurement may be based on metered water consumption. Each discharger shall provide an agreement, signed by the owner of the sewer system, which authorizes the authority's personnel to enter onto the owner's property for purposes of inspection and monitoring of discharger's premises, and for enforcement pursuant to the term of this article.
(d) 
Prohibition of bypass.
(1) 
Bypass.
Bypass of a discharger's treatment equipment or treatment facility is prohibited and the authority may take enforcement action against the discharger unless:
a. 
The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and
b. 
There were no feasible alternatives to the bypass, such as use of auxiliary treatment facilities, retention of untreated wastewater, or maintenance during normal periods of downtime. This condition is not satisfied if, in the exercise of reasonable engineering judgment, adequate back-up equipment should have been installed to prevent a bypass which occurred during normal periods of equipment downtime or maintenance; and
c. 
The discharger submitted advanced, written notice of the need for a bypass.
(2) 
The discharger shall submit oral notice to the authority of an unanticipated bypass that exceeds categorical standards or other discharge limits within 24 hours of the time the discharger becomes aware of the bypass. Written notice shall be provided within five days of the time the discharger becomes aware of the bypass. The written notice shall include a description of the bypass and its causes, duration of the bypass, steps taken to prevent the reoccurrence of the bypass, and must be signed by the authorized representative of the discharger.
(3) 
The authority may approve an anticipated bypass, after considering its adverse effects, if it determines that the bypass will meet all of the conditions of section 78-214(d)(1).
(e) 
Notification of hazardous waste discharges.
All dischargers shall notify the authority, the control authority, the EPA's Regional Waste Management Article Director, and the approval authority in writing of any discharge into a wastewater system or POTW of any substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Any notification under this subsection must be submitted in conformance with 40 CFR Part 403.12 (p).
(f) 
Pretreatment facilities.
(1) 
Users shall provide wastewater treatment as necessary to comply with this chapter and shall achieve compliance with all categorical pretreatment standards, local limits, and the prohibitions set out in this article 2 of this chapter within the time limitations specified by EPA or TCEQ, the state, or the operations manager, whichever is more stringent.
(2) 
The user shall provide, operate, and maintain any facilities necessary for compliance at the user's sole expense.
(3) 
The operations manager may require a user to submit detailed plans describing such facilities and operating procedures for review. 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 city under the provisions of this article.
(Ordinance 3177, § 1, adopted 1/9/2012)
(a) 
Facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility.
The permit procedures and regulations of this section 78-215(a) apply to an industrial user that discharges to the Village Creek Wastewater Treatment Facility in the City of Fort Worth.
(1) 
Wastewater discharge permit required.
a. 
All nondomestic users which discharge into the POTW shall be grouped according to the following definitions:
1. 
Group I—Significant industrial users.
2. 
Group II—Commercial facilities and non-significant industrial users (NSIU). Those commercial facilities and industrial users which are not included in Group I. Examples include, but are not limited to, automotive service shops, car washes, small food processors, and photographic developing shops.
3. 
Group III—Classed high strength users. Restaurants or other businesses which can be classed according to any average strength or abnormal strength of their wastewater.
4. 
Group IV—Wastewater haulers. Septage and chemical toilet waste haulers desiring to discharge into the POTW. Waste must be generated within the city's service area.
5. 
Group V—Ground water remediation dischargers. Dischargers who are retrieving contaminated underground water, pretreating such water, and then discharging into the POTW.
6. 
Group VI—Non-significant categorical industrial user industrial user (NSCIU). Facility that never discharges categorical wastewater even though categorical process(es) are located on-site.
b. 
No Group I, Group IV or Group V or Group VI user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the authority.
c. 
The authority may require any Group II or Group III user to obtain a wastewater discharge permit. Within 30 days after being notified by the authority that a wastewater discharge permit is required, the user shall submit a completed application in compliance with this article. After 60 days from the date a Group II or Group III user is notified by the authority that a permit is required, the user shall cease discharge to the POTW without a wastewater discharge permit.
d. 
Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state, and local law.
(2) 
Permits.
All industrial users determined by the city to be a significant industrial user shall submit a wastewater discharge permit application to the authority on a form provided by the authority. For significant industrial users, an application shall be filed with the operations manager at least 90 days prior to the date upon which any discharge will begin or recommence. Non-significant categorical industrial users (NSCIU) and non-significant industrial users (NSIU) shall be required to submit applications at dates specified by the operations manager. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
a. 
The application shall contain:
1. 
All information required by section 78-215(a)(4);
2. 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemical used or stored at the facility which are, or could accidentally or intentionally be, discharged into the POTW;
3. 
Number and type of employee, hours of operation, and proposed or actual hours of operation;
4. 
Each product produced by type, amount, process or processes, and rate of production;
5. 
Type and amount of raw materials processed (average and maximum per day);
6. 
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;
7. 
Time and duration of discharge; and
8. 
Any other information as may be deemed necessary by the authority to evaluate the wastewater discharge permit application.
9. 
All dischargers shall submit an industrial waste questionnaire. The questionnaire will be reviewed by the public works utility superintendent or authorized representative. If deemed necessary, dischargers may also be required to obtain a permit as outlined herein.
b. 
No categorical industrial user shall be allowed to discharge until issued a valid permit.
c. 
The authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the authority.
d. 
If the application is denied, the applicant shall be notified in writing within 30 days of the reasons for such denial. If denial is based on the authority's determination that the applicant cannot meet the wastewater discharge limitations of this article, the authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge.
e. 
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, pursuant to section 78-215(a)(4)e, the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
1. 
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this article including, but not limited to dates, relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.
2. 
The time increments established between milestone dates shall be the shortest practicable for the completion of the required work. Under no circumstances shall the authority permit a time increment for a single step in the compliance schedule to exceed nine months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards.
3. 
Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the authority.
f. 
Prior to the approval of a permit, unless exempted by the authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and/or flow measurement of wastewaters before entering the sanitary sewer of the authority. Each monitoring facility shall be located on the discharger's premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit.
(3) 
Permit conditions.
Permits are issued to a specific discharger for specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the authority.
a. 
Wastewater discharge permit transfer may be transferred to a new owner or operator only if the permittee gives at least a 90 days' advance notice to the authority and the authority approves the wastewater discharge permit transfer. The notice to the authority must include a written certification by the new owner or operator which:
1. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and process;
2. 
Identifies the specific date on which the transfer is to occur; and
3. 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer.
b. 
Wastewater discharge permit requirements:
1. 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
2. 
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 78-215(a)(3)a, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3. 
Effluent limits and best management practices based on applicable general pretreatment standards as set forth in CFR part 403, categorical pretreatment standards, local limits, and state and local law;
4. 
Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include and identification of pollutants (or best management practices) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
5. 
Permits shall contain a statement of the civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by federal, state, and local law.
c. 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
1. 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
3. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or nonroutine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW, the unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW;
5. 
The unit charge of schedule of user charges and fees for management of the wastewater discharge to the POTW;
6. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
7. 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
8. 
Other conditions as deemed appropriate by the authority to ensure compliance with this article, and state and federal laws, rules, and regulations;
9. 
Limits on the maximum wastewater constituents and characteristics and location of approved discharge points; and
10. 
Requirements to control slug discharge, if determined by the operations manager to be necessary.
(4) 
Reporting requirements for dischargers.
a. 
Baseline report.
Within 180 days following the effective date for new or revised categorical pretreatment standards, or at least 90 days prior to commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the authority a report (in a form provided by the authority), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. The report shall also contain:
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 nature, average rate of production, 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 POTW from the regulated processes.
4. 
Flow measurement.
Information showing the measured 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 waste stream formula set out in 40 CFR 403.6(e).
5. 
Measurement of pollutants.
i. 
The categorical pretreatment standards applicable to each regulated process.
ii. 
The result of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 78-215(a)(4)d.2. In cases where the standard requires compliance with a best management practice or pollution prevention alternative, the user shall submit documentation as required by the city or the applicable standards to determine compliance with the standard.
iii. 
Sampling must be performed in accordance with procedures set out in section 78-215(a)(4)d.2.
iv. 
The user shall take a minimum of one representative sample to compile the data necessary to comply with the requirements of this paragraph. However, the operations 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. Historical data than can represent the current discharge only can be accepted as a baseline report.
v. 
The baseline report shall indicate the time, date and place of sampling and methods of analysis, and shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW.
6. 
Certification.
A statement, reviewed by the user's authorized representative 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 is required to meet the pretreatment standards and requirements.
7. 
Compliance schedule.
If additional pretreatment, best management practices and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M must be provided. 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 article must meet the requirements set out in section 78-215(a).
8. 
Signature and certification.
All baseline monitoring reports shall be signed by an authorized representative and certified by a qualified professional as stated in 40 CFR Part 403.12(b)(6).
b. 
Ninety-day compliance report.
Within 90 days following the date for final compliance by the discharger with applicable categorical pretreatment standards or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements, including best management practices. This report shall be signed by an authorized representative of the discharger.
c. 
Periodic compliance reports.
1. 
Any discharger subject to a categorical pretreatment standard made a part of this article shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof, including best management practices. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the authority).
2. 
In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above.
3. 
In cases where the pretreatment standard requires compliance with best management practice (BMP) or pollution prevention alternative, the user must submit documentation required by city or the pretreatment standard necessary to determine the compliance status of the user, and contributing information as is determined necessary to account for water usage, materials recovery, or disposal practices.
4. 
All non-significant categorical industrial users (NSCIU) shall submit a report annually in the month specified by the operations manager. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements and data obtained through appropriate sampling and analysis performed during the period covered by the report which data are representative of conditions occurring during the reporting period.
5. 
If the operations manager has determined that a non-significant industrial user (NSIU) needs a permit, then the NSIU shall submit a report annually in the month specified by the operations manager. The report shall be completed according to the city's current reporting requirements, including the submittal of any applicable certification statements.
6. 
All periodic compliance reports shall be signed and certified in accordance with section 78-215(a)(4)i.
7. 
All wastewater samples shall 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 equipment in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.
8. 
Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
d. 
Analysis and sampling procedures.
1. 
All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the Part 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by EPA.
2. 
Sample collection.
i. 
Except as indicated in subsection 2. the user must collect wastewater samples using 24-hour flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 CFR Part 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 discharge limits.
ii. 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
iii. 
For sampling required in support of baseline monitoring and 90-day compliance reports required in [40 CFR 403.12(b) and (d)], a minimum of four 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 do not exist; for facilities for which historical sampling data are available, the city may authorize a lower minimum.
iv. 
For the reports required by (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 by with applicable pretreatment standards and requirements.
e. 
Reporting additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in section 78-215(a)(4)d. the results of this monitoring, including chain-of-custody forms, shall be included in the report.
f. 
Significant industrial user reporting.
Significant industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in section 78-215(a)(4)d. This sampling and analysis may be performed by the authority in lieu of the significant industrial user.
g. 
Notification of changed discharge.
Dischargers shall give prior written notification to the authority and the control authority of any potential or actual significant changes in the volume or character of pollutants in the discharge.
1. 
The notification to the authority shall be received at least 90 days prior to change.
2. 
The authority 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.
3. 
The authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
4. 
For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.
5. 
Significant industrial users that discharge wastewater to treatment plants operated by the control authority shall provide prior written notification to the authority and the control authority of changes to its wastewater discharges and any changes at its facility that affect the potential for a slug discharge.
h. 
Authority monitoring.
Sampling and analysis for the reports required by sections 78-215(a), [(b)](1), (2), (3) and (6) may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will not be required to submit the report.
i. 
Signatory requirements.
1. 
All applications and compliance reports submitted to the authority must contain the following certification statement and be signed by the authorized representative:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information and for not reporting known violations, including possibility of fine and imprisonment."
2. 
Annual certification for non-significant categorical industrial users.
A facility determined to be a non-significant categorical industrial user by the operations manager pursuant to sections 78-211 and 78-215(a)(1) must annually submit the following certification statement signed in accordance with the signatory requirements in 40 CFR 403.120(l). This certification must accompany an alternative report required by the operations manager:
"Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR _____, I certify that, to the best of my knowledge and belief that during the period from [month, day, year] to [months, days, year].
a. 
The facility described as [facility name] met the definition of a non-significant categorical industrial user as described in section 78-215(a)(1)a.
b. 
The facility complied with all applicable pretreatment standards and requirements during this reporting period; and
c. 
The facility never discharged categorical process wastewater on any given day during this reporting period.
d. 
This compliance certification is based on the following information: _____"
j. 
Wastewater analysis.
When requested by the authority, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. The authority is authorized to prepare a form for this purpose and may periodically require users to update this information.
(5) 
Inspection and flow measurement.
a. 
Inspection.
1. 
At least once a year, the operations manager shall inspect and sample each significant industrial user (SIU), NSCIU and NSIU to determine compliance with the requirements of this article. However, the operations manager may inspect and sample each SIU as frequently as needed during the pretreatment year. The operations manager shall evaluate whether each SIU needs a plan to control slug discharges at the time of SIU determination, or at least by the first year. The authority, control authority, TCEQ or EPA may inspect the facilities of any discharger to determine compliance with the requirements of this article. The discharger shall allow the authority, control authority, TCEQ or EPA or their representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this article shall be made available for copying and inspection by the authority, control authority, TCEQ or EPA, including documentation associated with best management practices. The authority, control authority, TCEQ or EPA shall have the right to set upon the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. User 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 city's requirements and all applicable local construction standards and specifications, and such facilities shall be constructed and maintained in such manner so as to enable the city to perform independent monitoring activities. The inspectors, agents or representatives of the authority, control authority, TCEQ or EPA charged with the enforcement of this article shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public and neither the authority, control authority, TCEQ, EPA, nor any individual inspector, agent or representative these agencies shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer service to the facility.
2. 
Facilities regulated under this article are subject to the authority of the following agencies concerning access to information and right of entry onto property for purposes of implementing and enforcing federal and state pretreatment programs and other applicable law: (i) the EPA under section 308 of the Federal Clean Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas Commission on Environmental Quality (TCEQ), Water Code §§ 26.014 and 26.015, as amended, and V.T.C.A., Health and Safety Code §§ 361.032 and 361.037, as amended, provisions of the Texas Water Code and Texas Health Safety Code. If entry is denied or if a person in control cannot be located, the operations manager shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure; and for the purposes of same, any person with enforcement authority under this article is hereby declared to be a "health officer."
3. 
The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the authority, control authority, TCEQ or EPA. Samples shall be collected in such manner as to be representative of the character and concentration the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR Part 136. The determination of the character and concentration of industrial waste shall be made at such times and on such schedules as may be established by the authority, control authority, TCEQ or EPA. Should a discharger desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the authority, control authority, TCEQ or EPA, such special determination may be made by the authority, control authority, TCEQ or EPA at the expense of the owner or discharger.
4. 
The authority, control authority, TCEQ or EPA shall conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The authority or control authority shall inspect and sample the effluent from each significant industrial user at least once a year. The result of such activities shall be available to the approval authority upon request.
b. 
NOV/repeat sampling and reporting.
If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation. Within ten days submit to the operations manager a report which addresses:
The time, date, location, processes, and operations associated with the violation, and the personnel assigned responsibility and/or present during the violation; the cause or probable cause of the non-compliance; and the actions taken and implemented to meet permit conditions. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
1. 
The control authority performs sampling at the industrial user at a frequency of at least once per month; or
2. 
The control authority performs sampling at the user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
3. 
Measurement of flow. The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the city.
i. 
Where it can be shown to the satisfaction of the operations manager that a substantial portion of the metered water does not enter the sanitary sewer, the operations manager may require or permit the installation of additional approved meters at the user's sole expense, to measure the quantity of water actually entering the sewer system. If approved by the operations manager, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge.
ii. 
Any discharger who procures all or part of its water supply from sources other than the city, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at the discharger's expense an effluent meter or flow measuring device approved by the operations manager for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly.
iii. 
If the operations manager determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the operations manager may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the authority and/or the quality of the sewage to be used to determine the sewer service charge.
(6) 
Permit modifications.
a. 
The authority reserves the right to amend any permit issued hereunder in order to assure compliance by the authority with applicable laws and regulations. The authority may amend any permit for good cause including, but not limited to the following:
1. 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
2. 
Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit.
3. 
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
4. 
Information indicating that the permitted discharge poses a threat to the authority's or POTW's collection and treatment systems, authority or POTW personnel or the receiving waters.
5. 
Violation of any terms or conditions of the permit.
6. 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
7. 
To correct typographical or other errors in the permit.
8. 
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
9. 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, rules or regulations.
10. 
To incorporate, revise, or revoke new or existing best management practices.
b. 
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this article shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by section 78-215(a), the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by section 78-215(a). The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(7) 
Confidential information.
a. 
All information and data submitted by a discharger to the authority or POTW may be submitted to any state or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2 as follows:
1. 
A discharger may assert a business confidentiality claim covering part or all of the information in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedures set forth below.
2. 
If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger.
b. 
Asserting business confidentiality claim.
A discharger that is submitting information to the authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.
c. 
Nothing in this article shall prevent the disclosure of information and data regarding the nature and content of a discharger's effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302.
d. 
The provisions of this subsection shall be subject to any public disclosure requirements which may exist under the Texas Public Information Act, Chapter 552 of the Texas Government Code, as amended.
(8) 
Duty to reapply.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with section 78-215(a)(2) prior to the expiration of the user's existing wastewater discharge permit. An expired permit will continue to be effective and enforceable until the permit is reissued. The user will not be subject to penalties if:
a. 
The user has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit; and
b. 
The failure to reissue prior to expiration of the previous permit is not due to any act or failure to act on the part of the user.
(b) 
Facilities discharging through the Trinity River Authority Central Regional Wastewater System.
The permit procedures and regulations of section 78-215(b) apply to an industrial user that discharges to the Trinity River Authority.
(1) 
Permits.
a. 
All industrial users determined by the operations manager to be a significant industrial user shall submit a wastewater discharge permit application to the authority on a form provided by the authority. The application shall contain:
1. 
All information required by section 78-215(b)(3).
2. 
Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemical used or stored at the facility which are, or could accidentally or intentionally be, discharged into the POTW;
3. 
Number and type of employee, hours of operation, and proposed or actual hours of operation;
4. 
Each product produced by type, amount, process or processes, and rate of production;
5. 
Type and amount of raw materials processed (average and maximum per day);
6. 
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;
7. 
Time and duration of discharge; and
8. 
Any other information as may be deemed necessary by the authority to evaluate the wastewater discharge permit application.
b. 
All dischargers shall submit an industrial waste questionnaire. The questionnaire will be reviewed by the public works utility superintendent or authorized representative. If deemed necessary, dischargers may also be required to obtain a permit as outlined herein.
c. 
No categorical industrial user shall be allowed to discharge until issued a valid permit.
d. 
The authority will evaluate the completed applications and data furnished by the discharger and may require additional information. If, after evaluation, the application is deemed satisfactory, then a wastewater discharge permit shall be issued after the evaluation is complete. The wastewater discharge permit shall be subject to the terms and conditions specified herein and to the regulations of the authority.
e. 
If the application is denied, the applicant shall be notified in writing of the reasons for such denial. If denial is based on the authority's determination that the applicant cannot meet the wastewater discharge limitations of this article, the authority may specify that the applicant be required to provide pretreatment of the waste before it is deemed acceptable for sewer discharge.
f. 
Where additional pretreatment and/or operation and maintenance activities will be required to comply with this article, pursuant to section 78-215(b)(3)e., the discharger shall provide a declaration of the shortest schedule by which the discharger will provide such additional pretreatment and/or implement added operational and maintenance activities.
1. 
The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this article including, but not limited to dates, relating to hiring an engineer, completing preliminary plans, completing final plans, executing contract(s) for major components, commencing construction, completing construction, and all other acts necessary to achieve compliance with this article.
2. 
The time increments established between milestone dates shall be the shortest practicable for the completion of the required work. Under no circumstances shall the authority permit a time increment for a single step in the compliance schedule to exceed nine months. The completion date in this schedule shall not be later than the compliance date established for applicable categorical pretreatment standards.
3. 
Not later than 14 days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the authority, including a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than nine months elapse between such progress reports to the authority.
g. 
Prior to the approval of a permit, unless exempted by the authority, all dischargers shall provide monitoring facilities to allow inspection, sampling and/or flow measurement of wastewaters before entering the sanitary sewer of the authority. Each monitoring facility shall be located on the discharger's premises; provided, however, where such location would be impractical or cause undue hardship to the discharger, the authority may approve the placement of monitoring facilities in the public street or sidewalk area. All monitoring equipment and facilities shall be maintained in a safe and proper operating condition at the expense of the discharger. Failure to provide proper monitoring facilities shall be grounds for denial of a permit.
(2) 
Permit conditions.
Permits are issued to a specific discharger for specific operation and are not assignable to another discharger or transferable to any other location without the prior written approval of the authority.
a. 
Wastewater discharge permit transfer may be transferred to a new owner or operator only if the permittee gives advance notice to the authority and the authority approves the wastewater discharge permit transfer. The notice to the authority must include a written certification by the new owner or operator which:
1. 
States that the new owner and/or operator has no immediate intent to change the facility's operations and process;
2. 
Identifies the specific date on which the transfer is to occur; and
3. 
Acknowledges full responsibility for complying with the existing wastewater discharge permit.
4. 
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as the date of facility transfer.
b. 
Wastewater discharge permit requirements:
1. 
A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
2. 
A statement that the wastewater discharge permit is nontransferable without prior notification to the city in accordance with section 78-215(b)(2)a., and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
3. 
Effluent limits based on applicable general pretreatment standards as set forth in CFR part 403, categorical pretreatment standards, local limits, and state and local law;
4. 
Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include and identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law; and
5. 
Permits shall contain a statement of the civil and criminal penalties for violation of pretreatment standards and requirements and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by federal, state, and local law.
c. 
Wastewater discharge permits may contain, but need not be limited to, the following conditions:
1. 
Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
2. 
Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
3. 
Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
4. 
Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW, the unit charge or schedule of user charges and fees for the management of the wastewater discharge to the POTW;
5. 
The unit charge of schedule of user charges and fees for management of the wastewater discharge to the POTW;
6. 
Requirements for installation and maintenance of inspection and sampling facilities and equipment;
7. 
A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit;
8. 
Other conditions as deemed appropriate by the authority to ensure compliance with this article, and state and federal laws, rules, and regulations; and
9. 
Limits on the maximum wastewater constituents and characteristics and location of approved discharge points.
(3) 
Reporting requirements for dischargers.
a. 
Baseline report.
Within 180 days following the effective date for new or revised categorical pretreatment standards, or at least 90 days prior to commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to a categorical pretreatment standard shall submit to the authority a report (in a form provided by the authority), indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards. The report shall also contain:
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 nature, average rate of production, 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 POTW from the regulated processes.
4. 
Flow measurement.
Information showing the measured 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 waste stream formula set out in 40 CFR 403.6(e).
5. 
Measurement of pollutants.
i. 
The categorical pretreatment standards applicable to each regulated process.
ii. 
The result of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the authority, of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 78-215(b)(3).
iii. 
Sampling must be performed in accordance with procedures set out in section 78-215(b)(3).
6. 
Certification.
A statement, reviewed by the user's authorized representative 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 is 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 such 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 article must meet the requirements set out in section 78-215(b).
8. 
Signature and certification.
All baseline monitoring reports shall be signed by an authorized representative and certified by a qualified professional as stated in 40 CFR Part 403.12(b)(6).
b. 
Ninety-day compliance report.
Within 90 days following the date for final compliance by the discharger with applicable categorical pretreatment standards or 90 days following commencement of the introduction of wastewater into the POTW by a new discharger, any discharger subject to categorical pretreatment standards shall submit to the authority a report indicating the nature and concentration of all prohibited or regulated substances contained in its discharge, and the average and maximum daily flow in gallons. The report shall state whether the applicable categorical pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M or pretreatment is necessary to bring the discharger into compliance with the applicable categorical pretreatment standards or requirements. This report shall be signed by an authorized representative of the discharger.
c. 
Periodic compliance reports.
1. 
Any discharger subject to a categorical pretreatment standard made a part of this article shall submit to the authority a report indicating the nature and concentration of prohibited or regulated substances in the effluent which are limited by the categorical pretreatment standards hereof. Reports are required after the compliance date of such a pretreatment standard, or in the case of a new discharger, after commencement of the discharge, and are to be submitted at least once every six months (on dates specified by the authority).
2. 
In addition, where applicable, this report shall include a record of all measured or estimated average and maximum daily flows. Flows shall be reported on the basis of actual measurement, provided however, where cost or feasibility considerations justify, the authority may accept reports of average and maximum flows estimated by verifiable techniques. The authority, taking into consideration extenuating factors, may authorize the submission of said reports on months other than those specified above.
d. 
Analysis and sampling procedures.
1. 
All analyses shall be performed in accordance with procedures contained in 40 CFR Part 136 and amendments thereto or with any other test procedures approved by the administrator of the EPA. Sampling shall be performed in accordance with the techniques approved by EPA. Where 40 CFR Part 136 does not include sampling or analytical techniques for the pollutants in question, or where EPA determines that the Part 136 techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed using validated analytical methods or any other sampling and analytical procedures, including procedures suggested by the POTW or other parties, approved by EPA.
2. 
Sample collection.
i. 
Except as indicated in subsection ii., the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, the authority may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits.
ii. 
Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques.
e. 
Reporting additional monitoring.
If an industrial user subject to the reporting requirements of this section monitors any pollutant more frequently than required by the authority, using the procedures prescribed in section 78-215(b)(3), the results of this monitoring shall be included in the report.
f. 
Significant industrial user reporting.
Significant industrial users shall submit to the authority at least once every six months (on dates as specified by the authority) a description of the nature, concentration, and flow of the pollutants required to be reported by the authority. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in section 78-215(b)(3). This sampling and analysis may be performed by the authority in lieu of the significant industrial user.
g. 
Notification of changed discharge.
Dischargers shall give prior written notification to the authority of any significant change in the volume or character of pollutants in the discharge.
1. 
The notification to the authority shall be received at least 30 days prior to change.
2. 
The authority 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.
3. 
The authority may issue a wastewater discharge permit or modify an existing wastewater discharge permit in response to changed conditions or anticipated changed conditions.
4. 
For purposes of this requirement, significant changes include, but are not limited to, flow increases or decreases of 20 percent or greater, the discharge of any previously unreported pollutants, and the deletion of any pollutant regulated by this article or a permit issued pursuant to this article.
5. 
Significant industrial users that discharge wastewater to treatment plants operated by the Trinity River Authority (TRA) shall provide prior written notification to the city and the TRA of changes to its wastewater discharges and any changes at its facility that affect the potential for a slug discharge.
h. 
Authority monitoring.
Sampling and analysis for the reports required by sections 78-215(b)(3)a., b., c. and f. may be performed by the authority in lieu of the discharger. If all information required for the report, including flow data, is collected by the authority, the discharger will not be required to submit the report.
i. 
Signatory requirements.
All applications and compliance reports submitted to the authority must contain the following certification statement and be signed by the authorized representative:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information and for not reporting known violations, including possibility of fine and imprisonment."
j. 
Wastewater analysis.
When requested by the authority, a user must submit information on the nature and characteristics of its wastewater within the time frame requested by the authority. The authority is authorized to prepare a form for this purpose and may periodically require users to update this information.
(4) 
Inspection and flow measurement.
a. 
Inspection.
1. 
The authority, control authority, TCEQ or EPA may inspect the facilities of any discharger to determine compliance with the requirements of this article. The discharger shall allow the authority, control authority, TCEQ or EPA or their representatives to enter upon the premises of the discharger at all reasonable hours for the purposes of inspection, sampling, or examination of records. All reports and records related to the provisions of this article shall be made available for copying and inspection by the authority, control authority, TCEQ or EPA. The authority, control authority, TCEQ or EPA shall have the right to set upon the discharger's property such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering or measuring operations. The inspectors, agents or representatives of the authority, control authority, TCEQ or EPA charged with the enforcement of this article shall be deemed to be performing a governmental function for the benefit and health and welfare of the general public and neither the authority, control authority, TCEQ, EPA, nor any individual inspector, agent or representative these agencies shall be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The failure or refusal of such owner or discharger to comply with this provision shall be grounds for the disconnection of water or sewer service to the facility.
2. 
Facilities regulated under this article are subject to the authority of the following agencies concerning access to information and right of entry onto property for purposes of implementing and enforcing federal and state pretreatment programs and other applicable law: (i) the EPA under section 308 of the Federal Clean Water Act (33 U.S.C. § 3318), as amended; and (ii) the Texas Commission on Environmental Quality (TCEQ) under V.T.C.A., Water Code §§ 26.014 and 26.015, as amended, and V.T.C.A., Health and Safety Code §§ 361.032 and 361.037, as amended, provisions of the Texas Water Code and Texas Health Safety Code.
3. 
The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the authority, control authority, TCEQ or EPA. Samples shall be collected in such manner as to be representative of the character and concentration the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in 40 CFR Part 136. The determination of the character and concentration of industrial waste shall be made at such times and on such schedules as may be established by the authority, control authority, TCEQ or EPA. Should a discharger desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the authority, control authority, TCEQ or EPA, such special determination may be made by the authority, control authority, TCEQ or EPA at the expense of the owner or discharger.
4. 
The authority, control authority, TCEQ or EPA shall conduct surveillance activities in order to identify, independent of information supplied by industrial users, occasional and continuing noncompliance with pretreatment standards. The authority or control authority shall inspect and sample the effluent from each significant industrial user at least once a year. The result of such activities shall be available to the approval authority upon request.
b. 
NOV/repeat sampling and reporting.
If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 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 control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
1. 
The control authority performs sampling at the industrial user at a frequency of at least once per month; or
2. 
The control authority performs sampling at the industrial user between the time when the user performs its initial sampling and the time when the user receives the results of this sampling.
c. 
Measurement of flow.
The volume of flow used in computing sewage charges shall be based upon metered water consumption or discharge as shown in the records of meter readings maintained by the city's water department.
Where it can be shown to the satisfaction of the operations manager that a substantial portion of the metered water does not enter the sanitary sewer, the operations manager may require or permit the installation of additional approved meters at the owner's expense, to measure the quantity of water actually entering the sewer system. If approved by the operations manager, the measured quantity of water actually entering the sewer system will be used to determine the sewer service charge.
Any discharger who procures all or part of its water supply from sources other than the city's water department, all or part of which is subsequently discharged into the sanitary sewer, shall install and maintain at its expense an effluent meter or flow measuring device approved by the operations manager for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters or measuring devices shall be read monthly.
If the operations manager determines that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, the quantity or quality of the waste shall be determined in any manner or method the operations manager may find practicable in order to arrive at the percentage of water entering the sanitary sewage system of the authority and/or the quality of the sewage to be used to determine the sewer service charge.
(5) 
Permit modifications.
a. 
The authority reserves the right to amend any permit issued hereunder in order to assure compliance by the authority with applicable laws and regulations. The authority may amend any permit for good cause including, but not limited to the following:
1. 
To incorporate any new or revised federal, state, or local pretreatment standards or requirements.
2. 
Material or substantial alterations or additions to the discharger's operation processes, or discharge volume or character which were not considered in drafting the effective permit.
3. 
A change in any condition in either the industrial user or the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge.
4. 
Information indicating that the permitted discharge poses a threat to the authority's or POTW's collection and treatment systems, authority or POTW personnel or the receiving waters.
5. 
Violation of any terms or conditions of the permit.
6. 
Misrepresentation or failure to disclose fully all relevant facts in the permit application or in any required reporting.
7. 
To correct typographical or other errors in the permit.
8. 
To reflect transfer of the facility ownership and/or operation to a new owner/operator.
9. 
Upon request of the permittee, provided such request does not create a violation of any applicable requirements, standards, laws, or rules and regulations.
b. 
All categorical pretreatment standards promulgated and adopted by the EPA after the effective date of this article shall automatically become a part of this article. Where a discharger, subject to a categorical pretreatment standard, has not previously submitted an application for a permit as required by section 78-215(b)(1), the discharger shall apply for a permit from the authority within 180 days after the promulgation of the applicable categorical pretreatment standard by the EPA. In addition, the discharger with an existing permit shall submit to the authority within 180 days after promulgation of an applicable categorical pretreatment standard, the information required by section 78-215(b)(2). The discharger shall be informed of any proposed changes in its permit at least 30 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(6) 
Confidential information.
a. 
All information and data submitted by a discharger to the authority or POTW may be submitted to any state or federal agency governing the POTW. Such information shall be considered subject to public disclosure, provided, however, that the discharger may request that information not be subject to public disclosure, in accordance with 40 CFR Part 2 as follows:
1. 
A discharger may assert a business confidentiality claim covering part or all of the information in a manner described below, and that information covered by such a claim will be disclosed only by means of the procedures set forth below.
2. 
If no claim of business confidentiality is asserted, all information will be subject to public disclosure without further notice to the discharger.
b. 
Asserting business confidentiality claim.
A discharger which is submitting information to the authority may assert a business confidentiality claim covering the information by placing on or attaching to the information, at the time it is submitted to the authority, a cover sheet, stamped or typed legend, or other suitable form of notice employing language such as "trade secret," "proprietary," or "company confidential." Allegedly confidential portions of otherwise nonconfidential documents should be clearly identified by the discharger, and may be submitted separately to facilitate identification and handling by the authority. If the discharger desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state.
c. 
Nothing in this article shall prevent the disclosure of information and data regarding the nature and content of a discharger's effluent, and the frequency of discharge, or a standard or limitation to be met by the discharger, and this information shall be available to the public with no restrictions. Effluent data which cannot be held as confidential is as defined in 40 CFR 2.302.
d. 
The provisions of this subsection shall be subject to any public disclosure requirements which may exist under the Texas Public Information Act, V.T.C.A., Government Code Ch. 552, as amended.
(7) 
Duty to reapply.
A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit re-issuance by submitting a complete permit application, in accordance with section 78-215(b) prior to the expiration of the user's existing wastewater discharge permit. An expired permit will continue to be effective and enforceable until the permit is reissued. The user will not be subject to penalties if:
a. 
The user has submitted a complete permit application at least 90 days prior to the expiration date of the user's existing permit; and
b. 
The failure to reissue prior to expiration of the previous permit is not due to any act or failure to act on the part of the user.
(Ordinance 3177, § 1, adopted 1/9/2012)
(a) 
Non-emergency termination of water supply and/or discharge.
(1) 
A user who violates the following conditions is subject to the termination of its city-provided water supply and/or its discharge:
a. 
Violation of wastewater discharge permit conditions;
b. 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
c. 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
d. 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling;
e. 
Violation of the pretreatment standards of this article;
f. 
Pay sewer charges;
g. 
Meet compliance schedules;
h. 
Fulfill the conditions of its permit, or this article, or to obey any final judicial order with respect thereto;
i. 
Failure to meet effluent limitations; including best management practices, based on applicable pretreatment standards; or
j. 
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 article or individual discharge permit.
(2) 
Whenever the authority finds that any user has engaged in conduct which justifies non-emergency termination of water supply, pursuant to section 78-216(b), the authority shall serve or cause to be served upon such user a written notice, either by personal delivery or by certified or registered mail, return receipt requested, notifying the user of the proposed termination of its water supply and/or discharge and the nature of the alleged violation. The user may petition for a reconsideration and hearing.
(3) 
Within 30 days of the date of receipt of the notice, the user shall respond in person or in writing to the authority with a report containing the following:
a. 
The problem(s) per the NOV issued;
b. 
The possible cause of the problem(s);
c. 
The steps being taken to minimize or curtail the reoccurrence of the problem(s).
(4) 
The user shall not recommence its discharge until the operations manager so authorizes and:
a. 
The user presents proof satisfactory to the operations manager that the non-complying discharge has ceased;
b. 
The user presents proof satisfactory to the operations manager that the conditions creating the threat of imminent and substantial danger have been eliminated;
c. 
The user pays the city for all costs the city will incur in reinstating services.
(5) 
Exercise of this option by the operations manager shall not be a bar to, nor a prerequisite for, taking any other enforcement action against the user.
(b) 
Administrative orders.
Where the violation cited under section 78-216(a) is not corrected by means of enforcement action listed in section 78-216(b), the following enforcement escalations may be used. Terms may or may not be negotiated with an industrial user.
(1) 
Consent order.
An agreement between the authority and the industrial user normally containing three elements: (1) compliance schedules (2) stipulated fines or remedial actions; and (3) signatures of the authority and authorized representatives.
(2) 
Show cause order.
An order which directs the user to appear before the city to explain its noncompliance and show cause why more severe enforcement actions against the user should not be levied. Typically used after informal contacts or NOV's have failed to resolve noncompliance; however, it can be used at anytime.
(3) 
Compliance order.
An order which directs the industrial user to achieve or restore compliance by a date specified in the order. Terms need not be discussed with the industrial user in advance. Typically used when noncompliance cannot be resolved without construction, repair, or process changes, or to require development of management practices, spill prevention programs, and other pretreatment program requirements.
(4) 
Cease and desist order
(Only for facilities discharging to the Trinity River Authority Central Regional Wastewater System). An order that directs the noncompliant user to cease illegal or unauthorized discharges immediately, or to terminate the discharge altogether. It is generally used in situations where the discharge could cause interference or pass through, or otherwise create an emergency situation.
(c) 
Right of appeal of administrative ruling.
Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the authority on any matter covered by this article and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this article or deals with a permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply; provided, however, the authority may take any action it deems necessary to protect its wastewater collection and treatment system or to comply with its TPDES permit or to comply with any contract the authority has for the treatment of wastewater.
(d) 
Judicial proceedings.
The authority, with respect to the conduct of any discharger contrary to the provisions of this article may authorize its attorney to commence any legal action in a court of competent jurisdiction for equitable and/or legal relief.
(1) 
Injunctive relief.
When the authority finds that a user has violated, or continues to violate, any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the authority may petition, pursuant to chapter 54 a district court or other court of proper jurisdiction of Tarrant County, Texas through its attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this article on activities of the user. The authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) 
Civil penalties.
The authority may also seek to recover civil penalties of up to $5,000.00 per day pursuant to section 54.017 of the Texas Local Government Code.
(3) 
Criminal proceedings.
Notwithstanding any notice provisions contained in this article, any person who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this article commits an offense. The person shall be fined not more than $2,000.00 for each offense per day.
(e) 
Emergency suspension of service and discharge permits.
(1) 
The authority, may, for good cause shown, suspend water or wastewater service to the discharger's facility when it appears to the authority that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of a POTW, violate any pretreatment limits imposed by this article or any permit issued pursuant to this article. Any discharger notified of the suspension of the authority's water or wastewater service and/or the discharger's permit, shall within a reasonable period of time, as determined by the authority, cease all discharges. In the event of the failure of the discharger to comply voluntarily with the suspension order within the specified time, the authority may commence judicial proceedings to compel the discharger's compliance with such order or may immediately disconnect such discharger's service line from the city water and sanitary sewer system. In the case of emergency disconnection of service, the director shall make a reasonable attempt to notify the owner or discharger before disconnecting the service line. The party whose service has been disconnected shall have an opportunity for a hearing on the issue of the illegal discharge and the disconnection as soon as possible after such disconnection has taken place.
(2) 
The authority may reinstate the permit and/or the wastewater or water service upon proof by the discharger of the cessation of the non-complying discharge or elimination of conditions creating the threat of imminent or substantial danger as set forth above. The water and/or wastewater service shall be reconnected at the discharger's expense.
(f) 
Affirmative defenses.
(1) 
Affirmative defense to discharge violations for action in municipal or state court.
In an action brought in municipal or state court, if a person can establish that an event that would otherwise be a violation of this article or a permit issued under this article was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this article or the permit. In an enforcement proceeding, the user seeking to establish the occurrence of an act of God, war, strike, riot, or other catastrophe shall have the burden of proof. In the event that an act of God, war, strike, riot, or other catastrophe has been established the user shall control production of all discharges to the extent possible until such time as the reduction, loss, or failure of its treatment facility is restored or an alternative method of treatment is provided.
(2) 
Affirmative defense to upset.
In an action brought in federal court, it is an affirmative defense to an enforcement action brought for non-compliance with categorical pretreatment standards that the noncompliance was caused by upset, if the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. 
An upset occurred and the user can identify the cause(s) of the upset; the facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
b. 
Any discharger who experiences an upset in operations which places the discharger in a temporary state of non-compliance with this article shall inform the authority within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, the authority may at its discretion require the discharger to file a written report within five working days. The report shall specify:
1. 
Description of the upset, its cause and the upset's impact on a discharger's compliance status.
2. 
Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur.
3. 
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
(3) 
Affirmative defense to specific prohibited discharge standards.
It is an affirmative defense in federal court to an enforcement action brought against a user for non-compliance with the general prohibitions of section 78-213(b) or a specific prohibition of section 78-213(d), that the user did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
a. 
A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
b. 
No local limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.
(4) 
An operating upset which was not the result of negligence on the part of the discharger, and which has been documented and verified in the manner stated above shall be an affirmative defense to any enforcement action brought by the authority against a discharger for any non-compliance with the article which arises out of violations alleged to have occurred during the period of the upset.
(g) 
Recovery of costs incurred by the authority.
Any discharger who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the authority's wastewater system, shall be liable to the authority for any expense, loss, or damage caused by such violation or discharge. The authority shall bill the discharger for the costs incurred by the authority for any cleaning, repair, or replacement work caused by the violation or discharge. Failure to pay such bill may result in the termination of water or wastewater service.
(h) 
Falsifying information.
Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, or falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be punished as provided in section 78-216(e)(3).
(i) 
POTW pretreatment requirements.
All POTW's shall be able to seek injunctive relief for non-compliance by industrial users with pretreatment standards and requirements. All POTWs shall also have authority to seek or assess civil or criminal penalties in at least the amount of $2,000.00 per day and a civil penalty of up to $5,000.00 per day for each violation by industrial users of pretreatment standards and requirements. POTWs whose approved pretreatment programs require modification to conform to the requirements of this subsection shall submit a request for approval of a program modification in accordance with [40 CFR Part § 403.18], unless the state would be required to enact or amend a statutory provision, in which case the POTW shall submit such a request.
(Ordinance 3177, § 1, adopted 1/9/2012)
(a) 
Net/gross calculations.
The authority may elect to adjust categorical pretreatment standards to reflect the presence of pollutants in the discharger's intake water, in accordance with 40 CFR Part 403.15.
(b) 
Preservation of records.
All dischargers subject to this article shall retain and preserve and make available for inspection and copying, for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring activities, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge and required by this article, and any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements including documentation associated with best management practices established under section 78-213(e)(4). 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 such analyses. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the authority pursuant hereto shall be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(c) 
Costs of administering program.
The authority may make such charges, known as monitoring and pretreatment charges, as are reasonable for services rendered in administering the programs outlined in this article. Such charges may include, but are not limited to:
(1) 
Permitting industrial facilities;
(2) 
Inspection;
(3) 
Sample analysis;
(4) 
Monitoring; and
(5) 
Enforcement.
(d) 
Right of revision.
The authority reserves the right to amend this article to provide for more or less stringent limitations or requirements on discharges to the sanitary sewer or POTW where deemed necessary to comply with the objectives set forth in section 78-212.
(e) 
Publication of list of significant violators.
(1) 
For facilities discharging to the City of Fort Worth Village Creek Wastewater Treatment Facility:
a. 
A user shall be determined by the authority to be in a state of significant non-compliance if a user's violation meets one or more criteria listed in 40 CFR 403.8(f)(2)(viii). The authority shall annually publish, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city, a list of users that have significantly violated federal pretreatment requirements during the previous 12 months. The operations manager, shall be responsible for calculating the users who have committed significant violations.
b. 
Significant industrial users are subject to the SNC criteria listed in paragraphs 1 through 8 below. Group II non-significant industrial users that have been issued a permit shall be subject to SNC criteria listed in paragraphs 3 through 8 below. Group VI non-significant categorical industrial users shall be subject to SNC criteria listed in paragraphs 3 through 8 below. All other industrial users are subject to the SNC criteria listed in paragraphs 3, 4 and 8 of this section. Significant violation non-compliance (SNC) shall mean any of the following:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
2. 
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3. 
Any other discharge violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long-term average, instantaneous limit or a narrative standard) that the authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
4. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the authority's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within 90 days, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violation(s), which may include a violation of best management practices, that the authority determines will adversely affect the operation or implementation of the local pretreatment program.
(2) 
For facilities discharging to the Trinity River Authority Central Regional Wastewater System:
a. 
A user shall be determined by the authority to be in a state of significant non-compliance if a user's violation meets one or more criteria listed in 40 CFR 403.8(f)(2)(vii). The authority shall annually publish in the authority's official newspaper a list of users that have significantly violated federal pretreatment requirements during the previous 12 months. The director, shall be responsible for calculating the users who have committed significant violations. Significant violation shall mean any of the following:
1. 
Chronic violations of wastewater discharge limits, defined here as those in which 66 percent or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
2. 
Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
3. 
Any other discharge violation that the authority believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
4. 
Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the authority's exercise of its emergency authority to halt or prevent such a discharge;
5. 
Failure to meet, within a stipulated deadline of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
6. 
Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. 
Failure to accurately report non-compliance; or
8. 
Any other violation(s) which the authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Ordinance 3177, § 1, adopted 1/9/2012)