§ 12-13. Sewer use and industrial pretreatment.
(a)
Purpose and policy. This section sets forth uniform requirements for contributors into the wastewater collection and treatment system for the City of Terrell, Texas. The objectives of this section are:
(1)
To prevent the introduction of pollutants into the city's wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2)
To prevent the introduction of pollutants into the city's wastewater system which will pass through the system inadequately treated into receiving waters, the atmosphere or otherwise be incompatible with the system;
(3)
To enable the city to comply with federal laws required by the Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, Part 403); and
(4)
To provide for equitable distribution of the cost of the city's wastewater system.
(b)
Definitions as used in this section.
(1)
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
(2)
Approving authority means the city council, City of Terrell, Texas or its duly authorized representative.
(3)
B.O.D. (biochemical oxygen demand) means the quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees centigrade (20°C).
(4)
Building sewer means the extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection).
(5)
City means the City of Terrell, Texas, or any authorized person acting in its behalf.
(6)
C.O.D. (Chemical Oxygen Demand) means measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
(7)
Control manhole means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
(8)
Control point means point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
(9)
Garbage means animal and vegetable wastes and residue from preparation, cooking and dispensing of food; and from the handling, processing, storage and sale of food products and produce.
(10)
Industrial waste means waste resulting from any process of industry, manufacturing, trade or business, from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
(11)
Industrial waste charge means the charge made on those persons who discharge industrial wastes into the city's sewerage system.
(12)
Inflow means water other than wastewater that enters a sewer system from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwaters, surface runoff, street wash waters, or drainage.
(13)
Milligrams per liter (mg/l) means the same as parts per million and is a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
(14)
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater.
(15)
Normal domestic wastewater means wastewater excluding industrial wastewater discharged by a person into sanitary sewers and 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.
(16)
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
(17)
Person means any individual and includes any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.
(18)
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
(19)
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City of Terrell, Texas.
(20)
Sampling means a 24 hour composite sample from the all outfalls of a premise. Normally, but not always, BOD and suspended solids analyses will be obtained from 24 hour composites of all outfalls. Where applicable, 16-hour, 8-hour or some other period may be required. Periodic grab samples may be used to determine pH, oil and grease.
(21)
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater and other unpolluted wastes are not intentionally passes.
(22)
Significant industrial user means any industrial, commercial or governmental user of the city's system which has a flow of 25,000 gallons or more per average work day (government users excepted), has in its waste toxic pollutants as defined pursuant to Section 307 of the act or is found by the approving authority to have a significant impact, either singly or in combination with other contributing industries, on the city's wastewater treatment system, the quality of sludge produced by the city's wastewater plants or the effluent quality of the discharge at the city's wastewater treatment plant.
(23)
Slug means any discharge of water, wastewater or industrial waste which, in concentrations of any given constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration, or flows during normal operation.
(24)
Standard methods means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of "Standard Methods for the Examination of Water and Wastewater" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
(25)
Storm sewer means a public sewer which carries storm and surface water and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
(26)
Stormwater means rainfall or any other forms of precipitation.
(27)
Superintendent means the water and wastewater superintendent of the City of Terrell, Texas or his duly authorized deputy, agent or representative.
(28)
Suspended solids (SS) means solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device.
(29)
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or emissions.
(30)
Trap means a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
(31)
Unpolluted wastewater means water containing:
a.
No free or emulsified grease or oil;
b.
No acids or alkalis;
c.
No phenols or other substances producing taste or odor in receiving water;
d.
No toxic or poisonous substances in suspension, colloidal state or solution;
e.
No noxious or otherwise obnoxious or odorous gases;
f.
Not more than an insignificant amount in mg/l each of suspended solids and BOD, as determined by the Texas Water Commission; and
g.
Color not exceeding 50 units as measured by the Platinum-Cobalt method of determination as specified in Standard Methods.
(32)
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
(33)
Wastewater means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and stormwater that may be present.
(34)
Wastewater facilities includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes.
(35)
Wastewater treatment plant means any city-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers.
(36)
Wastewater service charge means the charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.
(37)
Watercourse means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
(c)
Prohibited discharges into wastewater facilities. No person may discharge to public sewers any waste which by itself or by interaction with other wastes may:
(1)
Injure or interfere with wastewater treatment processes or facilities;
(2)
Constitute a hazard to humans or animals; or
(3)
Create a hazard in receiving waters of the wastewater treatment plant effluent.
(d)
Chemical discharges into wastewater facilities regulated.
(1)
No discharge to public sewers, unless allowed by special permit, may contain:
a.
Cyanide greater than 1.0 mg/l;
b.
Fluoride other than that contained in the public water supply; or
c.
Chlorides in concentrations greater than 250 mg/l.
(2)
No waste or wastewater discharged to public waters may contain:
a.
Strong acid, iron pickling wastes or concentrated plating solutions whether neutralized or not;
b.
Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (0 and 65 degrees Centigrade);
c.
Objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials;
d.
Obnoxious, toxic or poisonous solids, liquids or gases in quantities sufficient to violate the provisions of section a. above;
e.
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; or
f.
Substances causing an excessive COD.
g.
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this section. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the approving authority for review, and shall be approved by the city before construction of the facility. All existing users shall complete such a plan within 180 days of the effective date of this subsection. No user who commences contribution to the POTW after the effective date of this section shall be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the city. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements of this section. In the case of an accidental discharge, it is the responsibility of the user to immediately telephone and notify the POTW of the incident. The notification shall include location of discharge, type of waste, concentration and volume and corrective actions taken or to be taken.
(3)
No waste, wastewater or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel at the wastewater facilities.
(4)
All waste, wastewater or other substance containing phenols, hydrogen sulfide or other taste-and-odor producing substances shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters.
(e)
Hazardous metals and toxic materials discharged into wastewater facilities regulated.
(1)
No discharges may contain concentrations of hazardous metals other than amounts specified in Table 11-1 of this chapter unless allowed by special permit.
(2)
The allowable concentrations of hazardous metals, in terms of mg/l, for discharge to inland waters, and determined on the basis of individual sampling in accordance with standard methods are in Table 11-1 of this chapter.
(3)
No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions.
(4)
Prohibited hazardous materials include, but are not limited to:
a.
Antimony;
b.
Beryllium;
c.
Bismuth;
d.
Cobalt;
e.
Molybdenum;
f.
Uranylion;
g.
Rhenium;
h.
Strontium;
i.
Tellerium;
j.
Herbicides;
k.
Fungicides; and
l.
Pesticides.
(5)
When the approving authority determines that a person is contributing to the wastewater facilities any of the above enumerated substances, in such amounts as to interfere with the operation of the wastewater facilities, the approving authority shall: advise the discharger of the impact of the contribution on the wastewater facility; and develop effluent limitation(s) for such user to correct the interference with the wastewater facilities.
(6)
If more stringent limitations are promulgated by federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this section for sources in that subcategory, shall immediately supersede the limitations imposed under this section. The approving authority shall notify all affected users of the applicable reporting requirements under 40 CFR, Section 403.12.
(7)
The city reserves the right to revise this section to require more stringent limitations or requirements on discharge to the wastewater disposal system if deemed necessary to comply with the objectives presented in subsection (a) of this section.
TABLE 11-1
MAXIMUM ALLOWABLE HAZARDOUS METAL
CONCENTRATIONS WITHOUT SPECIAL PERMITNOT TO EXCEED
METAL 30-Day
AverageDaily
CompositeGrab
Sample(1) Arsenic 0.1 0.2 0.3 (2) Barium 1.0 2.0 4.0 (3) Cadmium 0.05 0.1 0.2 (4) Chromium 0.5 1.0 5.0 (5) Copper 0.5 1.0 2.0 (6) Lead 0.5 1.0 1.5 (7) Manganese 1.0 2.0 3.0 (8) Mercury 0.005 0.005 0.01 (9) Nickel 1.0 2.0 3.0 (10) Selenium 0.05 0.1 0.2 (11) Silver 0.05 0.1 0.2 (12) Zinc 1.0 2.0 6.0 NOTE: These concentration parameters and rules governing same are promulgated under authority in V.T.C.A., Water Code §§ 5.131 and 5.132, (Hazardous Metals) and in accordance with the Texas Water Commission Rule 156.19.
• Thirty-day average is the arithmetic mean of the values for all effluent samples collected during a calendar month.
• Daily composite consists of effluent samples collected approximately once an hour and com-posited according to flow.
(f)
Particulate size discharges into wastewater facilities regulated.
(1)
No person may discharge garbage or other solids into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half-inch in any dimensions are prohibited.
(2)
The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater.
(g)
Stormwater and other unpolluted drainage discharges into wastewater facilities regulated.
(1)
No person may discharge to public sanitary sewers without specific approval of approving authority:
a.
Unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage;
b.
Unpolluted cooling water;
c.
Unpolluted industrial process waters;
d.
Other unpolluted drainage; or make any new connections from inflow sources.
(2)
In compliance with the Texas Water Quality Act and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in this section may be discharged.
(h)
Temperature regulated for discharges into wastewater facilities. No person may discharge liquid or vapor having a temperature higher than 150 degrees Fahrenheit (150°F), (65 degrees Centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit (10°F) or more per hour, or a combined total increase of plant influent temperature to 104 degrees Fahrenheit (104°F).
(i)
Radioactive wastes regulated.
(1)
No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority.
(2)
The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.
(j)
Impairment of facilities.
(1)
No person may discharge into public sewers:
a.
Any substance capable of causing obstruction to the flow in sewers;
b.
Any substance causing interference with the operation of treatment processes of facilities;
c.
Wastewater causing excessive loading of treatment facilities;
d.
Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include but not be limited to any pollutant identified pursuant to Section 307(a) of the act;
e.
Any noxious or malodorous liquids, gases or solids which either singly or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for maintenance and repair;
f.
Any substance which may cause the POTW's effluent or any other product of the POTW to be in non-compliance with sludge use or disposal criteria, guidelines or regulations developed under section 405 of the act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to the sludge management method being used;
g.
Any substance which will cause the POTW to violate its NPDES and/or state disposal system permit or the receiving water quality standards;
h.
Any wastewater with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
i.
Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow rate and/or pollutant concentration which a user knows or has reason to know will cause interference to the POTW. In no case shall a slug load have a flow rate or contain concentration or qualities of pollutants that exceed for any time period longer than 15 minutes more than five times the average 24 hour concentration, quantities or flow during normal operation;
j.
Any wastewater which causes a hazard to human life or creates a public nuisance;
k.
Excessive discoloration, including but not limited to, dye wastes; and vegetable tanning solutions;
l.
BOD, COD or chlorine demand in excess of normal plant capacity;
m.
Deposit grease or oil in the sewer lines in such a manner as to clog the sewers or any substance which would overload skimming and grease handling equipment;
n.
Any substance which would pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the non-amenability of the substance to bacterial action; or deleteriously affect the treatment process due to excessive quantities.
(2)
No person may discharge any substance into public sewers which is not amenable to treatment or reduction by the processes and facilities employed or is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(3)
No person may discharge into public sewers solid or viscous substances which may violate subsection (1) above if present in sufficient quantity or size, including but not limited to:
a.
Ashes;
b.
Cinders;
c.
Sand;
d.
Mud;
e.
Straw;
f.
Shavings;
g.
Metal;
h.
Glass;
i.
Rags;
j.
Feathers;
k.
Tar;
l.
Plastics;
m.
Wood;
n.
Unground garbage;
o.
Whole blood;
p.
Paunch manure;
q.
Hair and fleshings;
r.
Entrails;
s.
Paper products, either whole or ground by garbage grinders;
t.
Slops;
u.
Chemical residues;
v.
Paint residues; and/or
w.
Bulk solids.
(4)
Unless allowed by special permit, no discharge shall have an inert suspended solids greater than 250 mg/l, including but not limited to:
a.
Fuller's earth;
b.
Lime slurries; and
c.
Lime residues; or
(5)
Unless allowed by special permit, no discharge shall have a dissolved solids greater than 800 mg/l, including but not limited to:
a.
Sodium chloride; and
b.
Sodium sulfate.
(k)
Compliance with existing authority.
(1)
Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging:
a.
Wastewater;
b.
Industrial waste; and
c.
Polluted liquids.
(2)
Unless authorized by the Texas Water Commission, no person may deposit or discharge any waste included in this section on public or private property or into or adjacent to any:
a.
Natural outlet;
b.
Watercourse;
c.
Storm sewer; or
d.
Other area within the jurisdiction of the city.
(l)
Approving authority requirements.
(1)
If discharges or proposed discharges to public sewers may:
a.
Deleteriously affect wastewater facilities, processes, equipment or receiving waters;
b.
Create a hazard to life or health;
c.
Create a public nuisance; or
d.
When required by promulgation of federal categorical pretreatment standards for a particular industrial subcategory;
(2)
The approving authority shall require any combination of the following:
a.
Pretreatment to an acceptable condition for discharge to the public sewers;
b.
Control over the quantities and rates of discharge;
c.
Payment to cover the cost of handling and treating the wastes; or
d.
A permit to discharge into the city's wastewater facilities.
The approving authority is entitled to determine whether a discharge or proposed discharge is included under this section.
The approving authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of this section.
(m)
Wastewater contribution permits.
(1)
General permits. All significant users proposing to connect to or to contribute to the city sewer shall obtain a discharge permit before connecting to or contributing to the city sewer. All existing significant users connected to or contributing to the city sewer shall obtain a discharge permit in accordance with this section.
(2)
Permit application. Users required to obtain a discharge permit shall complete and file with the city an application in the form prescribed by the city and accompanied by a fee set in the city's rate schedule. In support of the application the user shall submit, in units and terms appropriate for evaluation, the following information:
a.
Name, address and location (if different from the user's mailing address);
b.
SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
c.
Wastewater constituent and characteristics including, but not limited to those mentioned in subsections (3), (4), (7), (8) and (9) of this section as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 CFR, Part 136, as amended;
d.
Time and duration of contribution;
e.
Average daily and 30 minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
f.
Site plans, floor plans, mechanical and plumbing plans and details to show all sewers, sewer connections and appurtenances by the size, location and elevation;
g.
Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged; and
h.
Where known, the nature and concentration of any pollutants in the discharge which are limited by any city, state or federal pretreatment standards and a statement regarding whether or not the 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 for the user to meet applicable pretreatment standards:
(i)
Each product produced by type, amount, process or processes and rate of production;
(ii)
Type and amount of raw materials processed (average and maximum per day);
(iii)
Number and type of employees, and hours of operation of plant and proposed or actual hours of operation of pretreatment system; and
(iv)
Any other information as may be deemed by the approving authority to be necessary to evaluate the permit application.
(3)
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. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard:
a.
The following conditions shall apply to this schedule:
(i)
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.);
(ii)
No increment referred to in provision (i) above shall exceed nine months.
b.
Not later than 14 days following each date in that schedule and the final date for compliance, the user shall submit a progress report to the approving authority, as a minimum, whether or not it complied with the increment of progress to be met on such 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 user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the approving authority.
(4)
The approving authority will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the approving authority may issue a wastewater contribution permit subject to terms and conditions provided herein.
(5)
Permit modifications. Within nine months of the promulgation of a national categorical pretreatment standard, the discharge permit of users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a user, subject to a national categorical pretreatment standard, has not previously submitted an application for a discharge permit as required by this section, the user shall apply for a wastewater contribution permit within 180 days after the promulgation of an applicable federal categorical pretreatment standard the information required of Subsection (m)(2) above.
(6)
Permit conditions. Discharge permits shall be expressly subject to all provisions of these regulations and all other applicable regulations, user charges and fees established by the city. Permits may contain the following:
a.
The unit charge or schedule of user charges and fees for the wastewater to be discharged to a community sewer;
b.
Limits on the average and maximum wastewater constituents and characteristics;
c.
Limits on average and maximum rate and time of discharge or requirements for flow regulation and equalization;
d.
Requirements for installation and maintenance of inspection and sampling facilities;
e.
Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule;
f.
Compliance schedules;
g.
Requirements for submission of technical reports or discharge reports;
h.
Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city, and affording city access thereto;
i.
Requirements for notification of the approving authority of any new introduction of waste water constituents or any substantial change in the volume or character of the wastewater constituents being introduced into the wastewater treatment system;
j.
Requirements for notification of slug discharges;
k.
Other conditions as deemed appropriate by the approving authority to ensure compliance with this section.
(7)
Duration of permits. Permits shall be issued for a specified time period, not to exceed five years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the approving authority during the term of the permit as limitations or requirements as identified in subsection (m)(5) are modified or other just cause exists. The user shall be informed of any proposed changes in his 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.
(8)
Transfer of permits. Discharge permits are issued to a specific user for a specific operation. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without the approval of the approving authority. Any succeeding owner or user shall also comply with the terms and conditions of the existing permit.
(9)
Reporting requirements for permittee.
a.
Compliance data report. Within 90 days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the city's sewer, any user subject to pretreatment standards and requirements shall submit to the approving authority a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for those process units in the user facility which are limited by such pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by an authorized representative of the industrial user, and certified to by a qualified operator or technician familiar with day-to-day operations of the process units.
b.
Periodic compliance reports. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard, or, in the case of a new source, after commencement of the discharge into the city sewer, shall submit to the approving authority during the months of June and December, unless required more frequently in the pretreatment standard or by the approving authority, a report indicating the nature and concentration of pollutants in the effluent which are limited by such pretreatment standards. In addition, this report shall include a record of all daily flows which during the reporting period exceeded the average daily flow reported in paragraph (a) of this subsection. At the discretion of the approving authority and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the approving authority may agree to alter the months during which the above reports are to be submitted.
c.
The approving authority may impose mass limitations on users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the imposition of mass limitations are appropriate In such cases, the report shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the user. These reports shall contain the results of sampling and analysis of the discharge, including the flow and the nature and concentration, or production and mass, where requested by the superintendent, of pollutants contained therein which are limited by the applicable pretreatment standards. The frequency of monitoring shall be as prescribed in the applicable pretreatment standard. All analyses shall be performed in accordance with procedures established by the administrator pursuant to Section 304(g) of the act or of the amendments thereto or with any other test procedures approved by the administrator. Sampling shall be performed in accordance with the techniques approved by the administrator.
(n)
Approving authority review and approval of design and installation of pretreatment equipment and process. If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.
The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws.
Any person responsible for discharges requiring pretreatment, flow equalizing, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.
(o)
Requirements for traps.
(1)
Discharges requiring a trap include:
a.
Grease or waste containing grease in amounts that will impede or stop the flow in the public sewers;
b.
Oil;
c.
Sand;
d.
Flammable wastes; and
e.
Other harmful ingredients.
(2)
Any person responsible for discharges requiring a trap shall at his own expense and as required by the approving authority:
a.
Provide equipment and facilities of a type and capacity approved by the approving authority;
b.
Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and
c.
Maintain the trap in effective operating condition.
(p)
Requirements for building sewers carrying industrial wastes.
(1)
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving authority:
a.
Provide monitoring facilities to allow inspection, sampling, and flow measurement of the flow through building sewer and/or internal drainage systems. The monitoring facility should normally be situated on the user's premises, but the city may, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
(i)
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the user; and
(ii)
Whether constructed on public or private property, the sampling and monitoring facilities shall be provided in accordance with the city's requirements and all applicable local construction standards and specifications. Construction shall be completed within 90 days following written notification by the city;
b.
Install safety equipment and facilities (ventilation, steps …) where needed; and
c.
Maintain the equipment and facilities.
(q)
Sampling and testing.
(1)
The city shall inspect the facilities of any user to ascertain whether the purpose of these regulations is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city or its representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination or in the performance of any of their duties. The city, approval authority, state and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority, state and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2)
The approving authority shall determine which users or classes of users may contribute wastewater which is of greater strength than normal domestic wastewater. All users or classes of users so identified shall be sampled for flow, BOD, TSS and pH at least annually.
(3)
City may select an independent firm or laboratory to determine flow, BOD and suspended solids, if necessary. Flow may alternately be determined by water meter measurements if no other flow device is available and no other source of water is used.
(4)
Examination and analysis of the characteristics of waters and wastes required by these regulations shall be:
a.
Conducted in accordance with the latest edition of "Standard Methods;" and
b.
Determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.
(5)
BOD and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges.
(r)
User charge system.
(1)
Persons making discharges of industrial waste into the sanitary sewer system shall pay a charge to cover all costs of collection and treatment.
(2)
Each user of the wastewater treatment system will be notified, at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges which are attributable to the operation and maintenance of the wastewater treatment system.
(3)
The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly.
(4)
When discharges of any waste into the sanitary sewer system are approved by the approving authority, the city or its authorized representative shall enter into an agreement or arrangement providing:
a.
Terms of acceptance by the city;
b.
Payment by the person making the discharge, in accordance with the user charge system;
c.
Sewer connection procedures and requirements shall be in accordance with the "Standard Plumbing Code;"
d.
A sewer application approved with connection fee paid; and
e.
Construction of sewer connections shall be approved by city inspectors prior to sewer use.
(s)
Exemptions. Reserved.
(t)
Enforcement of these regulations.
(1)
Power to enter property.
a.
The superintendent and other duly authorized employees of the city, employees or agents of state regulatory agencies and the Environmental Protection Agency, bearing credentials and identification provided by such bodies, are entitled to enter any public or private property at any reasonable time for the purpose of enforcing these regulations.
b.
Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection.
c.
Except when caused by negligence or failure of person(s) to maintain safe conditions, the city shall indemnify the person(s) against loss or damage to their property by city employees and against liability claims and demands for personal injury or property damage asserted against the person(s) and growing out of the sampling operation.
d.
The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of:
(i)
Inspection, observation, measurement, sampling or repair;
(ii)
Maintenance of any portion of the sewerage system lying within the easements; and
(iii)
Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.
e.
No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers.
f.
The city, the State of Texas and the federal environmental protection agency shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, the State of Texas, and the environmental protection agency will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.
(2)
Authority to disconnect service.
a.
The city may terminate water and wastewater disposal service and disconnect a customer from the system when:
(i)
Acids or chemicals which may damage the sewer lines or treatment process are released to the sewer potentially causing accelerated deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(ii)
A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or
(iii)
The customer discharges waste or wastewater that is in violation of the permit issued by the approving authority; discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; fails to pay monthly bills for water and sanitary sewer services when due; or repeats a discharge of prohibited wastes to public sewers in violation of subsection (a).
b.
If service is discontinued pursuant to subsection (a) above, the city shall:
(i)
Disconnect the customer;
(ii)
Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and
(iii)
Continue disconnection until such time as the customer provides pretreatment/additional pretreatment or other facilities designed to remove the objectionable characteristics from his wastes.
(3)
Notice for violations. The city shall serve persons discharging in violation of these regulations written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance, which shall be 24 hours unless otherwise noted in the written notice.
(4)
Continuing prohibited discharges unlawful. No person may continue discharging in violation of these regulations beyond the time limit provided in the notice.
(5)
Penalty for violations.
a.
A person who continues prohibited discharges is guilty of a misdemeanor and upon conviction is punishable by a fine as set forth in subsection 1-1(g) of this Code of Ordinances and each violation and/or day of violation shall be a separate offense.
b.
In addition to proceeding under authority of subsection a. above, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(6)
City can exercise sanctions for failure to pay bill. In addition to sanctions provided for by these regulations, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due.
(7)
Penalty for criminal mischief. The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(8)
[ Falsifying statements, documents, etc. ]Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to these regulations or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these regulations, shall upon conviction be punished by a fine of not more than $1,000.00 as set forth in subsection 1-1(g) of this Code, and each violation and/or day of violation shall be a separate offense. In addition the city shall be entitled to pursue all other criminal and civil remedies to which it may be entitled under authority of state and federal statutes or other city ordinances against a person continuing to falsify information.
(u)
Public notice and pretreatment requirements.
(1)
Users shall provide necessary wastewater treatment as required to comply with these regulations and shall achieve compliance with all federal categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction of the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the city under the provisions of this section. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes.
(2)
The city shall annually publish in the newspaper of general circulation a list of the users which were not in compliance with any pretreatment requirements or standards at least once during the 12 previous months. The notification shall also summarize any enforcement actions taken against the user(s) during the same 12 months.
(3)
All records relating to compliance with pretreatment standards shall be made available to officials of the Environmental Protection Agency, Texas Water Commission or approval authority upon request.
(v)
All information confidential.
(1)
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
(2)
When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to these regulations, the National Pollutant Discharge Elimination System (NPDES) permit, state disposal system permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(3)
Information accepted by the city as confidential shall not be transmitted to any governmental agency or to the general public by the city until and unless a ten-day notification is given to the user.
(Ord. No. 1403, 2-5-85; Ord. No. 1403, 2-13-85; Ord. No. 1420, 4-6-85; Ord. No. 1420, 8-6-85; Ord. No. 2229, § I, 8-3-04)