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In no event may the city be required to make extensions or refunds under provisions of this subchapter if there are no funds available for that purpose. That nothing herein shall be deemed in any way to be an exclusive method of enforcing the payment of the pro rata costs against the consumer and property owners, and shall not be deemed in any manner to be a waiver of the city's rights to validly assess the property owners and/or consumers concerned for cost of the installation of standard size (8 inch) water or sewer mains to fix and enforce liens against the property all of which may be done as provided by ordinance in the manner prescribed by law.
('68 Code, § 29-39) (Ord. passed 4-13-71)
INDUSTRIAL WASTES
(A) This subchapter sets forth uniform requirements for users of the wastewater collection and Publicly Owned Treatment Works (POTW) for the city and enables the city to comply with all applicable state and federal laws including the Clean Water Act, being 33 USC 1251 et seq., and the General Pretreatment Regulations, being 40 CFR 403. The objectives of this subchapter are:
(1) To prevent the introduction of pollutants into the POTW that will interfere with the operation of the POTW;
(2) To prevent the introduction of pollutants into the POTW which will pass through the POTW, inadequately treated, into receiving waters or otherwise be incompatible with the operation of the POTW;
(3) To ensure that the quality of the wastewater treatment plant sludge is maintained at a level which allows its use and disposal with the city's selected method of sludge use and disposal, as may be authorized by and in full compliance with applicable state and federal laws and regulations;
(4) To protect against damage to the POTW and to protect POTW personnel who may be affected by wastewater and sludge in the course of their employment and to protect the general public;
(5) To protect ambient air quality to the extent same may be affected by industrial wastewater generation, pretreatment and/or discharge to the POTW;
(6) To improve the opportunity to recycle and reclaim wastewater and sludge from the POTW;
(7) To provide for fees for the equitable distribution of the cost of operation, maintenance and improvement of the POTW; and
(8) To enable the city to comply with its TPDES Permit conditions, sludge use and disposal requirements and any other federal or state laws to which the POTW is subject.
(B) This subchapter shall apply to all industrial users of the POTW. The subchapter authorizes the issuance of wastewater discharge permits; authorizes monitoring, compliance and enforcement activities; establishes administrative review procedures; requires industrial user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
Except as otherwise provided herein, the Director of Public Works shall administer, implement and enforce the provisions of this subchapter. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director of Public Works to other city personnel.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, being 33 USC 1251 et seq.
APPROVAL AUTHORITY. The TCEQ, which has been delegated National Pollutant Discharge Elimination System Authority and has an approved state pretreatment program.
AUTHORIZED or DULY AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL USER. The meaning is defined in 40 CFR § 403.12 (1)1-3 and includes:
(1) If the industrial user is a corporation, an authorized representative shall mean:
(a) The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;
(b) The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater discharge permit requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures”;
(2) If the industrial user is a partnership, or sole proprietorship, an authorized representative shall mean a general partner or proprietor, respectively;
(3) If the industrial user is a federal, state, or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or his or her designee;
(4) The individuals described in divisions (1) through (3) above may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city prior to the effective date of such proposed designation.
BEST MANAGEMENT PRACTICES (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in section 5-348 (a) and (b) and 40 CFR 403.5(a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs are only applicable where required by categorical limits or categorical standards.
BIOCHEMICAL OXYGEN DEMAND (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20° Centigrade expressed in terms of mass and concentration of milligrams per liter (mg/l).
BUILDING DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from other drainage pipes inside the walls of the building and conveys the discharge to the building sewer, which begins approximately three feet outside the inner face of the building wall.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.
CATEGORICAL INDUSTRIAL USER. Any industrial user subject to a categorical pretreatment standard or categorical standard.
CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by the U.S. EPA in accordance with Sections 307(b) and (c) of the Act (33 USC 1317(b) and (c)) which apply to a specific category of industrial users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 through 471, and as adopted by reference by TCEQ at 30 TAC Chapter 315.
CITY. The City of Cleburne, Texas, or the City of Cleburne, Texas, as represented by the City Council, the City Manager or any authorized person acting in its behalf.
CONTROL AUTHORITY. The city or the person designated by the city to be responsible for the Industrial Pretreatment Program or his or her duly authorized deputy, agent or representative.
CONTROL MANHOLE. A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
DAILY MAXIMUM LIMIT. The maximum allowable discharge limit of a pollutant during a calendar day. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the course of the day. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken that day.
DENTAL DISCHARGER. A facility where the practice of dentistry is performed, including, but not limited to, institutions, permanent or temporary offices, clinics, home offices, and facilities owned and operated by federal, state or local governments, that discharges wastewater to a publicly owned treatment works (POTW).
DENTAL INDUSTRIAL USER (DIU). Industrial users subject to the requirements of a dental discharger as promulgated by the U.S. EPA in accordance with Section 441.10 and as adopted by reference by TCEQ at 30 TAC Chapter 315.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the city (Director of Public Works) or his or her duly authorized deputy, agent, or representative.
ENVIRONMENTAL PROTECTION AGENCY (EPA). The U.S. Environmental Protection Agency or other duly authorized official of said agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication by 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. The animal and vegetable wastes and residue from the preparation, cooking, and dispensing of food; and from the handling, processing, storage and sale of food products and produce.
GRAB SAMPLE. An individual sample collected over a period of time not exceeding 15 minutes.
INDIRECT DISCHARGE or DISCHARGE. The introduction of (nondomestic) pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL USER or USER. Any person that discharges industrial waste into the sanitary sewer system and/or any source of indirect discharge.
INDUSTRIAL WASTE. The solid, liquid, or gaseous waste resulting from any process of industry, manufacturing, trade, or business, or waste resulting from the development of any natural resource, any mixture of the waste with waste or domestic wastewater, or distinctly different than domestic wastewater, or any other nondomestic wastewater source.
INDUSTRIAL WASTE CHARGE. The charge made on those persons who discharge industrial wastes into the POTW.
INSTANTANEOUS DAILY MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum daily concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the city'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 any of the following statutory/regulatory provisions 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 commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.
LOCAL LIMITS or TECHNICALLY-BASED LOCAL LIMITS. Pretreatment standards adopted by the city pursuant to 40 CFR 403.5 for wastewaters discharged to the POTW that are designed to protect against pass through and interference.
MAY. Permissive or discretionary.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, foment, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
MONTHLY AVERAGE LIMIT. The highest allowable average of “daily discharges” over a calendar month, calculated as the sum of all “daily discharges” measured during a calendar month divided by the number of “daily discharges” measured during that month.
NELAP. National Environmental Laboratory Accreditation Program developed and adopted by the National Environmental Laboratory Accreditation Conference, which was established by state and federal officials in 1995 as an accreditation standards-setting organization for environmental laboratories.
NEW SOURCE.
(1) Any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) The building, structure, facility or installation is constructed at a site at which no other source is located;
(b) The building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; and
(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility or installation meeting the criteria of Section (1)(b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment.
(3) Construction of a new source as defined under this division 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 are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this definition.
NONCONTACT COOLING WATER. Water used for cooling which does not come into direct contact with any raw material intermediate product, waste product, or finished product.
NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER. An industrial user that never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard) and the conditions specified in 40 CFR Part 403.3 (v) 2-3 are met.
PASS THROUGH. A discharge which exits the POTW into "waters of the U.S.", as that term is defined in the Act, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the city's TPDES permit (including an increase in the magnitude or duration of a violation).
PERSON. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. This definition includes all federal, state or local governmental entities.
pH. A measure of the acidity or alkalinity of a substance, expressed in standard units (S.U.).
POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, industrial wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt, agricultural and industrial wastes, and the characteristics of the wastewater [e.g., pH, temperature, TSS, turbidity, color, BOD, Chemical Oxygen Demand (COD), toxicity, odor].
PRETREATMENT. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants unless dilution is allowed by an applicable pretreatment standard.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pre-treatment imposed on an industrial user, other than a pretreatment standard.
PRETREATMENT STANDARD or STANDARDS. Prohibitive discharge standards, categorical pretreatment standards, and/or local limits.
PROCESS WASTEWATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against discharge of certain substances; these prohibitions appear in § 51.073 of this subchapter.
PROPERLY SHREDDED GARBAGE. The garbage wastes that have been shredded to such a degree that all particles shall be carried freely under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension.
PUBLICLY OWNED TREATMENT WORKS (POTW). A "treatment works" as defined by Section 212 of the Act (33 USC 1292), which is owned by the state or municipality. This definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastewater to a treatment plant. The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, and the like).
SHALL. Mandatory.
SIGNIFICANT INDUSTRIAL USER (SIU). Industrial users subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; and any other industrial user that discharges an average of 25,000 gpd or more of process wastewater, contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW's wastewater treatment plant, or is designated as significant by the city on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirements (in accordance with 40 CFR 403.8(f)(6)).
SIGNIFICANT NONCOMPLIANCE (SNC). The Superintendent shall publish annually (in April), in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the city, a list of the industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
For the purposes of this provision, a significant industrial user is in significant noncompliance if it meets one or more of the criteria outlined in 40 CFR 403.8(f)(2)(viii), or in § 51.080(B). These are:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period on rolling quarters exceed the daily maximum limit or average limit for the same pollutant parameter by any amount, or exceed any other numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(l).;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period on rolling quarters equals or exceeds the product of the daily maximum limit or the average limit, or exceed any numeric pretreatment standard or requirement as defined by 40 CFR 403.3(L), 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 or violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(l) (daily maximum, long term average, instantaneous limits, or narrative standard), that the city POTW believes determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city 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 city's exercise of its emergency authority under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) Failure to meet, within 90 days 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, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) or series of violations which the city determines will adversely affect the operation or implementation of the city's industrial pretreatment program, which may include numeric limits, instantaneous limits, narrative standards such as operational standards or narrative limits, and enforceable violations of best management practices, if applicable.
Rolling quarterly assessment. In determining whether an industrial user is significantly noncompliant pursuant to divisions (B)(1) and (2), the city will evaluate six months of prior water quality data, using four rolling quarters that correlate with the city's pretreatment program year.
SLUG LOAD or SLUG DISCHARGE. Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in § 51.073 or any discharge of a nonroutine, episodic nature, including but not limited to, an accidental spill or a non-customary 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. A classification pursuant to the Standard Industrial Classification Manual issued by the U.S. Office of Management and Budget.
STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting therefrom, including snowmelt.
SUPERINTENDENT. The water and wastewater superintendent of the city (Superintendent of Water Utilities) or his or her duly authorized deputy, agent, or representative. The Superintendent is the Industrial Pretreatment Program Coordinator for the city.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY or TCEQ. The Texas Commission on Environmental Quality, or, where appropriate, the term may also be used as a designation for any state regulatory entity that issues operating or discharge permits city or takes enforcement action affecting the city.
TOTAL DISSOLVED SOLIDS (TDS). The total dissolved minerals in water, wastewater, or other liquid, and which is not removable by laboratory filtering.
TOTAL SUSPENDED SOLIDS (TSS). The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
TOXIC POLLUTANT. One of the pollutants, or combination of pollutants, listed as toxic in regulations promulgated by the EPA under the provision of Section 307 of the Act (33 USC 1317).
TREATMENT PLANT EFFLUENT. Any discharge of treated wastewater from the POTW into "waters in the state," as that term is defined in Tex. Water Code Chapter 26.
UNPOLLUTED WATER or WASTE. Any water or waste containing none of the following: emulsified grease or oil; acids or alkalis; phenols or other substances imparting taste and odor in the receiving water; toxic or poisonous substances in suspension, colloidal state of solution and noxious or otherwise obnoxious gases. It shall contain not more than 10 parts per million each of suspended solids and BOD. The color shall not exceed 50 color units.
WASTEWATER. Liquid and water-carried industrial wastes, and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW designed to provide treatment of sewage and industrial waste.
(B) Singular and plural terms. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
(C) Abbreviations. The following abbreviations shall have the designated meanings:
BOD Biochemical Oxygen Demand
CA Control Authority
CFR Code of Federal Register
COD Chemical Oxygen Demand
EPA U.S. Environmental Protection Agency
gpd Gallons Per Day
IU Industrial User
l Liter
mg Milligrams
mg/l Milligrams per liter
NPDES National Pollutant Discharge Elimination System
NSCIU Non-Significant Categorical Industrial User
O&M Operation and Maintenance
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act
TAC Texas Administrative Code
TBLL Technically Based Local Limits
TCEQ Texas Commission on Environmental Quality
TDS Total Dissolved Solids
TPDES Texas Pollutant Discharge Elimination System
SIC Standard Industrial Classifications
SIU Significant Industrial User
SNC Significant Noncompliance
SWDA Solid Waste Disposal Act (42 USC 6901 et seq.)
TSS Total Suspended Solids
USC United States Code
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
(A) Prohibited discharge standards. No industrial user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes or contributes to pass through or interference. These general prohibitions apply to all industrial users of the POTW whether or not they are subject to categorical pretreatment standards or any other federal, state or local pretreatment standards or requirement. Furthermore, no industrial user may contribute the following pollutants, substances or wastewater to the POTW:
(1) Pollutants which create a fire or explosive hazard in the municipal wastewater collection and POTW, including, but not limited to, wastestreams with a closed-cup flashpoint of less than 140°F (60°C) using the test methods specified in 40 CFR 261.21.
(2) Any wastewater having a pH less than 5.5 or more than 11.0, or otherwise causing corrosive structural damage to the POTW or equipment, or endangering city personnel.
(3) Solid or viscous substances in amounts which will cause obstruction of the flow in the POTW resulting in interference with proper operation of the POTW, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, sawdust, metal, glass, glue, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, bulk solids, and paper products, either whole or ground by garbage grinder.
(4) Any wastewater containing pollutants, including oxygen demanding pollutants (BOD and the like), 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 either the POTW or any wastewater treatment or sludge process, or which will constitute a hazard to humans or animals.
(5) Any wastewater having a temperature greater than 150°F (65°C), or which will inhibit biological activity in the treatment plant resulting in interference, but in no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 104°F (40°C).
(6) Petroleum oil, nonbiodegradable cutting oil, products of mineral oil origin, gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid or gas, in amounts that will cause interference or pass through.
(7) Any 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.
(9) 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, a hazard to life, or to prevent entry into the sewers for maintenance and repair.
(10) Any garbage that has not been properly comminuted or shredded. If properly comminuted or shredded, then it may be accepted under provisions established in § 51.072(A) under the definition of “properly shredded garbage”.
(11) Any wastewater containing any radioactive wastes or isotopes except as specifically approved by the Superintendent in compliance with applicable state or federal regulations.
(12) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, condensate, deionized water, noncontact cooling water, and unpolluted industrial wastewater, unless specifically authorized by the Superintendent.
(13) Any sludges, screenings, or other residues from the pretreatment of industrial wastes.
(14) Any medical wastes, except as specifically authorized by the Superintendent in a wastewater discharge permit.
(15) Any wastewater causing the treatment plant's effluent to fail a toxicity test, violate its NPDES, TPDES, or TCEQ permit or create a hazard in the receiving waters.
(16) Any wastes containing detergents, surface active agents, or other substances which may cause excessive foaming in the POTW or in discharges from the POTW.
(17) Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's TPDES permit.
(18) Any wastes or wastewater that may deposit grease or oil in the sewer lines in such a manner as to clog the sewers, overload skimming and grease handling equipment, pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substances to bacterial action, or deleteriously affect the POTW treatment processes.
(19) Any waste or wastes not identified in the city's application for a wastewater discharge permit that the city has not specifically authorized for discharge.
(B) Discharge prohibited. Wastes prohibited by division (A) of this section shall not be processed or stored in such a manner that they could be discharged to the POTW. All floor drains located in process or materials storage areas must discharge to the industrial user's pretreatment facility before connecting with the POTW.
(C) National categorical pretreatment standards. The national categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated by reference and shall be treated as if set forth in full herein.
(1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Superintendent may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6(c).
(2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Superintendent shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6(e).
(D) State pretreatment standards. TCEQ's pretreatment regulations for existing and new sources of pollution, found at 30 TAC Chapter 315, which adopt by reference certain portions of 40 CFR 403, are hereby incorporated by reference and shall be treated as if set forth in full herein.
(E) Specific pollutant limitations or local limits.
(1) The following pollutant limits are established to protect against pass through and interference. No person shall discharge wastewater containing in excess of the following instantaneous maximum allowable discharge limits:
Pollutants Limits, mg/l
Arsenic 0.059
Oil and Grease 200
Cadmium 0.056
Chromium (Hex) 0.146
Copper 1.770
Cyanide (Total) 0.117
Lead 0.307
Mercury 0.001
Nickel 0.438
Pollutants Limits, mg/l
pH 5.5-11 standard units
Silver 0.131
Zinc 0.719
(2) The city will set limits on a permit by permit basis for Chromium (total). These limits are provided in Subpart F of the Standard Operating Procedures and Table 2 and 10 of the most current local limits. The city will provide notice and an opportunity to comment on local limits to industrial users and the public, pursuant to 40 CFR 403.11.
(3) The city will set limits on a permit by permit basis for TDS. These limits are provided in Subpart F of the Standard Operating Procedures and Table 6 of the most current local limits. The city will provide notice and an opportunity to comment on local limits for TDS to industrial users and the public, pursuant to 40 CFR 403.11.
(4) Concentrations apply at the point where the industrial waste is discharged to the POTW (end of pipe).
(5) Mass limitations for SIUs. The Superintendent may impose mass limitations in addition to, or in place of, the concentration-based limitations above. When the limits in a categorical pretreatment standard are expressed only in terms of pollutant concentrations, an industrial user may request that the city convert the limits to equivalent mass limits. The determination to convert concentration limits to mass limits shall be determined with the discretion of the city. The city may establish equivalent mass limits only if the industrial user meets all the following conditions in 40 CFR § 403.6 (c)(5)(i) and is subject to the conditions described on (c)(5)(ii) of the same section.
(6) Concentration limits for categorical SIUs. The city may convert the mass limits of the categorical pretreatment standards at 40 CFR parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual industrial users under the conditions described in 40 CFR § 403.6(c)(6). When converting such limits to concentration limits, the city shall use the concentrations listed in the applicable subparts of 40 CFR parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by 40 CFR § 403.6 (d).
(F) City's right of revision. The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW if deemed necessary to comply with the objectives presented in § 51.070 or the general and specific prohibitions in divisions (A) and (B) of this section.
(G) Special agreement.
(1) The city reserves the right to enter into special agreements with industrial users setting out special terms under which they may discharge to the POTW. In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial user may request a net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. They may also request a variance from the categorical pretreatment standard from EPA.
(2) Such a request will be approved only if the industrial user can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard. An industrial user requesting a fundamentally different factor variance must comply with the procedural and substantive provisions in 40 CFR 403.13.
(H) Dilution. No industrial user shall ever increase the use of process water, or in any way attempt to dilute a discharge, unless expressly authorized by the city pursuant to an applicable pretreatment standard or requirement. The Superintendent may impose mass limitations on industrial users which are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
(I) Best management practices. The city may develop best management practices (BMPs), by ordinance or in individual wastewater discharge permits, to implement Local Limits and the requirements of section § 51.073(A). BMPs that are enforceable pretreatment standards are required to include the following: categorical standards that have BMPs (or pollution prevention alternative) and/or local limits and/or other pretreatment standards, if applicable. The city shall notify and submit a request to modify its approved program to the Approval Authority, any new BMPs prior to implementation.
(J) Non-significant categorical industrial user. City may develop and issue permits for NSCIUs.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
(A) Pretreatment facilities.
(1) Industrial users shall provide necessary wastewater treatment as required to comply with all categorical pretreatment standards, local limits and the prohibitions set out in § 51.073 above within the time limitations specified by the EPA, TCEQ, or the Superintendent, whichever is more stringent, if applicable. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the industrial 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 industrial user from the responsibility of modifying the facility as necessary to produce an acceptable discharge to the city under the provisions of this subchapter. The city shall require the industrial user to verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, subchapters, rules and orders of federal, state and local government.
(2) Industrial users responsible for discharges through a building sewer carrying industrial wastes shall, at his or her own expense and as required by the city, install an accessible and safely located control manhole, install meters and other appurtenances to facilitate observation sampling and measurement of the waste, and maintain the equipment and facilities.
(B) Additional pretreatment measures.
(1) Whenever deemed necessary, the Superintendent may require industrial users to control the quantities and rates of discharge during peak flow periods, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, require pretreatment of unacceptable discharges, require payment to cover the cost of handling and treating wastes, and such other conditions as may be necessary to protect the POTW and determine the industrial user's compliance with the requirements of this subchapter.
(2) The city has the authority to reject and refuse discharges or proposed discharges from the industrial users. If discharges or proposed discharges to the public sewer system may deleteriously affect wastewater facilities, processes, equipment, or receiving waters, create a hazard to life or health, or create a public nuisance, the city will refuse acceptance of the waste.
(3) Grease, oil and sand interceptors shall be required when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease, oil, sand, flammable wastes or other harmful ingredients; except that such interceptors shall not be required for residential users. All interceptors shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be installed, inspected, cleaned, and repaired regularly, as needed, by the owner at his or her expense.
(C) Accidental discharge/slug control plans.
(1) The Superintendent may require any industrial user to develop and implement an accidental discharge/slug control plan. The city will evaluate the SIU, within one year of being designated an SIU, to determine whether such SIU needs a plan or other action to control slug discharges (40 CFR § 403.8(f)(2)(vi)). The city shall keep records of the activities associated with slug control evaluation, and results of such activities are required to be available to the city upon request. The city shall also keep records of all information resulting from any monitoring activities required by 40 CFR Part 403, including documentation associated with BMPs. Any industrial user required to develop and implement an accidental discharge/control slug plan shall submit a plan which addresses, at a minimum, the following:
(a) Description of discharge practices, including nonroutine batch discharges.
(b) Description of stored chemicals.
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any of the prohibited discharges in § 51.073.
(d) 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 for emergency response.
(2) The Superintendent shall regulate the flow and concentration of slug loads when they may:
(a) Impair the treatment process, or cause interference or pass through;
(b) Cause damage to collection facilities;
(c) Incur treatment costs exceeding those for normal wastewater; or
(d) Render the treated wastewater unfit for stream discharge or reuse.
(D) Tenant responsibility. Where an owner of property leases premises to any other person as a tenant under any rental or lease agreement, if either the owner or the tenant is an industrial user, either or both may be held responsible for compliance with the provisions of this subchapter.
(E) Vandalism. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, tamper with or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the sanctions set out in §§ 51.081 through 51.083.
(F) Fraud and false statements. No user may in any way falsify statements or provide fraudulent information to the city. Any user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other communication or documentation filed, or required to be provided, performed or maintained, pursuant to this subchapter, wastewater discharge permit or order, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter shall be subject to the provisions of 40 CFR 403.12(n) and penalties stipulated in §§ 51.081 through 51.083.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
(A) Wastewater survey. When requested by the Superintendent, all industrial users must submit information on the nature and characteristics of their wastewater by completing a wastewater survey prior to commencing their discharge. The Superintendent is authorized to prepare a form for this purpose and may periodically require industrial users to update the survey. Failure to complete this survey shall be reasonable grounds for terminating service to the industrial user and shall be considered a violation of the subchapter.
(B) Wastewater discharge permit requirement.
(1) It shall be unlawful for any significant industrial user to discharge wastewater into the city's POTW without first obtaining a wastewater discharge permit from the Superintendent. Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this subchapter and subjects the wastewater discharge permittee to the sanctions set out in §§ 51.081 through 51.083. 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) The Superintendent may require other industrial users, including liquid waste haulers, to obtain wastewater discharge permits as necessary to carry out the purposes of this subchapter.
(C) Wastewater discharge permitting - existing connections. Any significant industrial user which discharges industrial waste into the POTW prior to the effective date of this subchapter and which wishes to continue such discharges in the future, shall, within 120 days after said date, apply to the city for a wastewater discharge permit in accordance with this section, and shall not cause or allow discharges to the POTW to continue after 120 days of the effective date of this subchapter except in accordance with a wastewater discharge permit issued by the Superintendent.
(D) Wastewater discharge permitting - new connections. Any significant industrial user proposing to begin or recommence discharging industrial wastes into the POTW must obtain a wastewater discharge permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit must be filed at least 120 days prior to the date upon which any discharge will begin.
(E) Extrajurisdictional industrial users. The city does not extend sewage lines outside of the City of Cleburne Certificate of Convenience and Necessity (CCN) service area or accept hauled wastes from sources outside of the CCN. Therefore, the city will not accept permit requests from potential industrial users outside of the CCN. Customers within the CCN that receive wastewater service will enter the city’s customer service agreement and where applicable an industrial user wastewater discharge permit.
(F) Wastewater discharge permit application contents.
(1) In order to be considered for a wastewater discharge permit, all industrial users required to have a wastewater discharge permit must submit the information required by this subchapter. The Superintendent shall approve a form to be used as a permit application. In addition, the following information may be requested:
(a) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW.
(b) Number and type of employees, hours of operation, and proposed or actual hours of discharge to the POTW.
(c) Each product produced by type, amount, process or processed, and rate of production, and the process waste stream(s) to be discharged to the POTW.
(d) Type and amount of raw materials processed (average and maximum per day).
(e) The 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.
(f) Time and duration of the discharge.
(g) Any other information as may be deemed necessary by the Superintendent to evaluate the wastewater discharge permit application.
(h) Pursuant to 33 U.S.C.A. 1318(a), consent for the Superintendent or any other duly authorized person to have access to records or right of entry to the property of the applicant.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the industrial user for revision.
(G) Application signatories and certification. All wastewater discharge permit applications, industrial user reports, correspondence and documents of any kind submitted to the city, shall contain the following certification statement and be signed by an authorized representative of the industrial user:
“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, including the possibility of fine and imprisonment for knowing violations.”
(H) Wastewater discharge permit decisions. The Superintendent will evaluate the data furnished by the industrial user and may require additional information. Within 120 days of receipt of a complete wastewater discharge permit application, the Superintendent will determine whether or not to issue a wastewater discharge permit. If no determination is made within this time period, the application will be deemed denied. The Superintendent may deny any application for a wastewater discharge permit.
(I) Obtaining a wastewater discharge permit. The Superintendent may grant a wastewater discharge permit to discharge industrial wastewater to the POTW to an industrial user meeting all requirements of this subchapter provided that the industrial user:
(1) Submits an application 120 days before the anticipated discharge date on forms supplied by the Superintendent;
(2) At the Superintendent's request, submits for approval of all plans and specifications for pretreatment facilities.
(3) Submits to an inspection of production and pretreatment facilities by the Superintendent.
(4) Comply with all requirements for agreements or arrangements including, but not limited to, provisions for:
(a) Payment of charges;
(b) Installation and operation of pretreatment facilities;
(c) Sampling and analysis (baseline monitoring report) to determine quantity and strength of wastewater; and
(d) Reporting to the Superintendent at frequencies specified in the wastewater discharge permit.
(5) Provide a sampling point subject to the provisions of this subchapter for approval of the Superintendent.
(6) Secure a wastewater discharge permit prior to discharging any waste. Failure to obtain a permit before discharging will result in enforcement action.
(J) Denial or conditioning permits of new or increased contributions. In accordance with 40 CFR 403.8(f)(1)(i), the city may deny permits or condition permits of new or increased contributions of pollutants, or changes in the nature of pollutants, to the POTW by industrial users where such contributions do not meet applicable pretreatment standards and requirements or where such contributions would cause the POTW to violate its TPDES permit.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)
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