(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)