Loading...
(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)
(A) Wastewater discharge permit duration. Wastewater discharge permits shall be issued for a specified time period, not to exceed five years. A wastewater discharge permit may be issued for a period less than five years, at the discretion of the Superintendent. Each wastewater discharge permit will indicate a specific date upon which it will expire.
(B) Wastewater discharge permit contents. Wastewater discharge permits shall include such conditions as are reasonably deemed necessary by the Superintendent to prevent pass through or interference, protect the quality of the water body receiving the treatment plant's effluent, protect worker health and safety, protect general public health and safety, facilitate sludge management and disposal, protect ambient air quality, protect against damage to the POTW, and ensure the city's capability to produce reclaimed water for reuse.
(1) Wastewater discharge permits must contain the following conditions:
(a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five years;
(b) A statement that the wastewater discharge permit is nontransferable without prior notification to and approval from the city, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit;
(c) Effluent limits applicable to the user based on applicable standards in federal, state and local law;
(d) Self monitoring, sampling, reporting, notification, and record keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state and local law;
(e) Statement of applicable civil, criminal, and administrative penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state or local law;
(f) Effluent limits, including any required best management practices, based on applicable pretreatment standards;
(g) Self monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants (or any required best management practice) to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local law, if applicable.
(h) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable federal, state, or local law.
(i) Requirements to control slug discharge, if necessary.
(j) The process for seeking a waiver for monitoring a pollutant neither present nor expected to be present in the discharge in accordance with § 51.077(D)(5), if applicable.
(2) Wastewater discharge permits may contain, but need not be limited to, the following:
(a) Limits on the average and/or maximum rate of discharge, time of discharge, and/or requirements for flow regulation and equalization;
(b) Limits on the instantaneous, daily and monthly average and/or maximum concentration, mass, or other measure of identified wastewater pollutants or properties;
(c) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or to prevent the introduction of pollutants into the treatment works;
(d) Development and implementation of spill control plans or other special conditions including management practices necessary to adequately prevent accidental, unanticipated, or non-routine discharges;
(e) Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(f) The unit charge or schedule of industrial user charges and fees for the management of the wastewater discharged to the POTW;
(g) Requirements for the installation and maintenance of inspection and sampling facilities and equipment;
(h) A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable federal and state pretreatment standards, including those which become effective during the term of the wastewater discharge permit; and/or
(i) Other conditions as deemed appropriate by the Superintendent to ensure compliance with this subchapter, and state and federal laws, rules, and regulations.
(C) Wastewater discharge permit appeals. Any person, including the industrial user, may petition the city to reconsider the terms of a wastewater discharge permit within 30 days of its issuance.
(1) Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
(2) In its petition, the appealing party must indicate the wastewater discharge permit provisions objected to, the reasons for this objection, and the alternative condition, if any, it seeks to place in the wastewater discharge permit.
(3) The effectiveness of the wastewater discharge permit shall not be stayed pending the appeal.
(4) If the city fails to act within 120 days, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a wastewater discharge permit, not to issue a wastewater discharge permit, or not to modify a wastewater discharge permit shall be considered final administrative action for purposes of judicial review.
(5) Aggrieved parties seeking judicial review of the final administrative wastewater discharge permit decision must do so by filing a complaint with the District Court for Johnson County within two years.
(D) Wastewater discharge permit modification.
(1) The Superintendent may modify a wastewater discharge permit for good cause including, but not limited to, the following:
(a) To incorporate any new or revised federal, state or local pretreatment standards or requirements;
(b) To address significant alterations or additions to the industrial user's operation, processes, or wastewater volume or character since the time of wastewater discharge permit issuance;
(c) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the city's POTW, personnel, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting;
(g) Revision of or a grant of variance from categorical pretreatment standards pursuant to 40 CFR 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; and/or
(i) To reflect a transfer of the facility ownership and/or operation to a new owner/operator.
(2) The filing of a request by the permittee for a wastewater discharge permit modification does not stay any wastewater discharge permit condition.
(E) Wastewater discharge permit transfer.
(1) Wastewater discharge permits may be reassigned or transferred to a new owner and/or operator only if the permittee gives at least 120 days advance notice to the Superintendent and the Superintendent approves the wastewater discharge permit transfer. The notice to the Superintendent must include a written certification by the new owner and/or operator which:
(a) States that the new owner and/or operator has no immediate intent to change the facility's operations and processes;
(b) Identifies the specific date on which the transfer is to occur; and
(c) Acknowledges full responsibility for complying with the existing wastewater discharge permit.
(2) Failure to provide advance notice of a transfer renders the wastewater discharge permit voidable on the date of facility transfer.
(F) Wastewater discharge permit revocation.
(1) Wastewater discharge permits may be revoked for the following reasons:
(a) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the city of changed conditions;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the city timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of a permitted facility; and/or
(m) Violation of any pretreatment standard or pretreatment requirement, or any terms of the wastewater discharge permit or this subchapter.
(2) Wastewater discharge permits shall be voidable upon nonuse, cessation of operations, or transfer of business ownership. All wastewater discharge permits are void upon the issuance of a new or amended wastewater discharge permit by the city.
(G) Wastewater discharge permit reissuance. A significant industrial user shall apply for wastewater discharge permit reissuance by submitting a complete wastewater discharge permit application a minimum of 120 days prior to the expiration of the industrial user's existing wastewater discharge 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)
(A) Baseline monitoring report.
(1) Within either 180 days after the effective date of a categorical pretreatment standard, or the final administrative decision on a category determination under 40 CFR 403.6(a)(4), whichever is later, existing significant industrial users subject to such categorical pretreatment standards, and currently discharging to or scheduled to discharge to the POTW, shall be required to submit to the city a report which contains the information listed in division (B) of this section. At least 90 days prior to commencement of a proposed discharge, new sources, and sources that become significant industrial users subsequent to the promulgation of an applicable categorical standard, shall be required to submit to the city a report which contains the information listed in division (A)(2) of this section. A new source shall also be required to report the method of pretreatment it intends to use to meet applicable pretreatment standards. A new source shall also give estimates of its anticipated flow and quantity of pollutants discharged.
(2) The industrial user shall submit the information required by this section including:
(a) Identifying information. The name and address of the facility including the name of the operator and owners.
(b) Wastewater discharge permits. A list of any environmental control wastewater discharge permits held by or for the facility.
(c) Description of operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such industrial user. This description should include a schematic process diagram which indicates points of discharge to the POTW from regulated processes.
(d) Flow measurement. Information showing the measured averaged daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams; as necessary, to allow use of the combined wastestreams formula set out in 40 CFR 403.6.
(e) Measurement of pollutants.
1. Information concerning the categorical pretreatment standards applicable to each regulated process.
2. The results of sampling and analysis identifying the nature and concentration (and/or mass, where required by the standard or by the city) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long-term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in division (J) of this section. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention (P2) alternative, the user shall submit documentation as required by the CA or applicable standards to determine compliance with the standard.
3. Sampling must be performed in accordance with procedures set out in division (K) of this section.
(f) Certification. A statement reviewed by the industrial user's authorized representative and certified by a qualified professional, indicating whether pretreatment standards are being met on a consistent basis and, if not, whether additional operation and maintenance (O&M) and/or additional pretreatment is required to meet the pretreatment standards and requirements.
(g) Compliance schedule. If additional pretreatment and/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the industrial user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. To assess and assure compliance, the SIU must submit compliance schedule progress reports. A compliance schedule pursuant to this section must meet the requirements set out in division (B) of this section.
(h) All baseline monitoring reports must be signed and certified in accordance with § 51.075.
(B) Compliance schedule progress report. The following conditions shall apply to the schedule required by subdivision (A)(2)(g) of this section. The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation). No increment referred to above shall exceed nine months. The industrial user shall submit a progress report to the Superintendent no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the industrial user to return to the established schedule. In no event shall more than nine months elapse between such progress reports to the Superintendent.
(C) Compliance with categorical pretreatment standard deadline report. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source following commencement of the introduction of wastewater into the POTW, any industrial user subject to such pretreatment standards and requirements shall submit to the city a report containing the information described in subdivisions (A)(2)(d) through (f). For industrial users subject to equivalent mass or concentration limits established in accordance with the procedures in 40 CFR 403.6(c), this report shall contain a reasonable measure of the industrial user's long term production rate. For all other industrial users subject to categorical pretreatment standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), this report shall include the industrial user's actual production during the appropriate sampling period. All compliance reports must be signed and certified in accordance with § 51.075(G).
(D) Periodic compliance reports.
(1) Any significant user or significant industrial user subject to a pretreatment standard shall, at a frequency determined by the Superintendent but in no case less than twice per year (except for IUs which fall under the NSCIU category or qualify for a monitoring waiver or reduced monitoring per 40 CFR §§ 403.3(v)(2), 403.8(f)(2)(v), 403.12 (e)(1), (2) and (3)), submit a report indicating the nature and concentration of pollutants in the discharge which are limited by such pretreatment standards and the measured or estimated average and maximum daily flows for the reporting period. In cases where the pretreatment standard requires compliance with a BMP or pollution prevention (P2) alternative, the user shall submit documentation as required by the CA or applicable standards to determine compliance with the standard. All periodic compliance reports must be signed and certified in accordance with § 51.075(G).
(2) All wastewater samples must be representative of the industrial user's discharge. Wastewater monitoring and flow measurement facilities shall be properly operated, kept clean, and maintained in good working order at all times at the expense of the permit holder. The failure of an industrial user to keep its monitoring facility in good working order shall not be grounds for the industrial user to claim that sample results are unrepresentative of its discharge.
(3) If an industrial user subject to the reporting requirement in and of this section monitors any pollutant at the identified sampling location more frequently than required by the POTW by using the procedures prescribed in division (K) of this section, the results of this monitoring shall be included in the report.
(4) If approved by the city, the industrial user may submit electronic reports, however the user must submit hard copies of the documents within five working days.
(5) Waiver of pollutant sampling.
(a) The city may authorize an industrial user subject to a categorical pretreatment standard to forego sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has demonstrated, through sampling and other technical factors, that the pollutant is neither present nor expected to be present in the discharge, or, if present, is only present at background levels from intake water, without any increase in the pollutant due to activities of the industrial user.
(b) The authorization is subject to the following conditions:
1. The pollutant is determined to be present solely due to sanitary wastewater discharged from the facility, provided that the sanitary wastewater: is not regulated by an applicable categorical standard; and cm includes no process wastewater.
2. The waiver is valid only for the duration of the effective period of the individual wastewater discharge permit, but in no case longer than five years. The industrial user must submit a new request for a waiver when a subsequent individual wastewater discharge permit is granted.
3. The industrial user must provide data from at least one sampling of the facility's process wastewater prior to any treatment present at the facility. The process wastewater sample must be representative of wastewater from all processes.
5. Non-detectable sample results may be used as a demonstration that a pollutant is not present if the EPA-approved method from Title 40, Code of Federal Regulations, Part 136, as amended, with the lowest minimum detection level for that pollutant was used in the analysis.
6. Any waiver by the Superintendent must be included as a condition in the industrial user's permit. The reasons supporting the waiver and any information submitted by the industrial user in its request for the waiver must be maintained by the Superintendent for a period of three years after the expiration of the waiver.
7. The industrial user must certify that there has been no increase of the pollutant in its wastestream due to its activities. The certification must appear on all future reports, along with the statement in Section 49-5ICm).
8. If a waived pollutant is found to be present or is expected to be present because of changes occurring in the industrial user's operations, the industrial user must immediately comply with the sampling requirements of § 51.077(D)(1) or other more frequent sampling requirements imposed by the Superintendent; and notify the Superintendent.
9. This division does not supersede certification processes and requirements established in categorical pretreatment standards, except as otherwise provided in the categorical pretreatment standards.
(E) Report of changed conditions. Each industrial user is required to notify the Superintendent of any planned significant changes to the industrial user's operations or system which might alter the nature, quality or volume of its wastewater at least 120 days before the change.
(1) The Superintendent may require the industrial user to submit such information as may be deemed necessary to evaluate the changed condition, including the submission of a wastewater discharge permit application under § 51.075(F).
(3) No industrial user shall implement the planned changed condition(s) until and unless the Superintendent has responded to the industrial user's notice.
(4) For purposes of this requirement flow increases of 10% or greater, and the discharge of any previously unreported pollutants, shall be deemed significant.
(5) Notification is required in advance of any substantial change in the volume or character of pollutant in the discharge, including listed or hazardous wastes for which the IU has submitted initial notification under 40 CFR 403.12(p).
(6) Notification is required for any discharge of hazardous waste in accordance with 40 CFR 403.12(p) and § 51.077(I).
(F) Report of potential problems.
(1) In the case of any discharge including, but not limited to, accidental discharges, discharges of non-routine, episodic nature, a non-customary batch discharge, a slug discharge, or a slug load which may cause or have the potential to cause problems for the POTW (including a violation of the prohibited discharge, discharge standards in § 51.073(A)), it is the responsibility of the industrial user to immediately telephone and notify the Superintendent of the incident. This notification shall include the location of discharge, type of waste, concentration and volume, if known, and corrective actions taken by the industrial user.
(2) Within five days following such discharge, the industrial user shall, unless waived by the Superintendent, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the industrial user of any fines, civil penalties, or other liability which may be imposed by the Superintendent or the city pursuant to this subchapter.
(3) Failure to notify the city of discharges or potential discharges that may cause interference or pass through, damage the POTW, or pose a threat to POTW worker safety, or a threat to the general public, shall be deemed a separate violation of this subchapter.
(4) A notice shall be permanently posted on the industrial user's bulletin board or other prominent place advising employees whom to call in the event of a discharge described in division (F)(1) of this section. Employers shall ensure that all employees, who may cause or suffer such a discharge to occur, are advised of emergency notification procedure.
(5) SIUs are required to notify the Superintendent immediately of any changes at its facility affecting the potential for a slug discharge.
(G) Reports from nonsignificant industrial users.
(1) All industrial users not subject to categorical pretreatment standards and not required to obtain a wastewater discharge permit shall provide appropriate reports to the city as the Superintendent may require.
(2) Reports from non-significant categorical industrial users. All NSCIUs pursuant to 40 CFR § 403.3(v)(2) shall annually submit the following certification statement to the Superintendent, signed in accordance with the signatory requirements in paragraph § 403.3(l). This certification must accompany any alternative report required by the city:
Based on my inquiry of the person or persons directly responsible for managing compliance with the categorical Pretreatment Standards under 40 CFR ____, I certify that, to the best of my knowledge and belief that during the period from ________ ____, to ________, ____ [month, days, year]:
(a) The facility described as ________ [facility name] met the definition of a non-significant categorical Industrial User as described in § 403.3(v)(2); (b) the facility complied with all applicable Pretreatment Standards and requirements during this reporting period; and (c) the facility never discharged more than 100 gallons of total categorical wastewater on any given day during this reporting period. This compliance certification is based upon the following information:
(H) Notice of violation, repeat sampling and reporting. If sampling performed by an industrial user indicates a violation, the industrial user must notify the Superintendent within 24 hours of becoming aware of the violation. The industrial user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation. The industrial user is not required to resample if the POTW performs monitoring at the industrial user's facility or plant at least once a month, or if the POTW performs sampling between the time of the industrial user's initial sampling and the time when the industrial user receives the results of this sampling, or if the POTW has performed the sampling and analysis in lieu of the industrial user.
(I) Notification of the discharge of hazardous waste.
(1) Any industrial user who commences the discharge of hazardous waste shall notify the POTW, EPA, and TCEQ authorities in writing of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR 261. Such notification must include the name of the hazardous waste set forth in 40 CFR 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other). If the industrial user proposed to discharge more than 100 kilograms of such waste per calendar month to the POTW, the notification shall also contain the following information to the extent such information is known and readily available to the industrial user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the waste stream discharged during that calendar month, and an estimation of the mass of constituents in the waste stream expected to be discharged during the following 12 months. All notifications must take place no later than 180 days after the discharge commences. Any notification under this paragraph need be submitted only once for each hazardous waste discharged. However, notifications of changed discharges must be submitted under division (E) of this section. The notification requirement in this section does not apply to pollutants already reported under the self-monitoring requirements of § 51.073(A), (C), and (D).
(2) Dischargers are exempt from the requirements of division (I)(1) of this section during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time predischarge notification. Subsequent months during which the industrial user discharges more than such quantities of any hazardous waste do not require additional notification.
(3) In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the POTW, the EPA Regional Waste Management Division Director, and TCEQ authorities of the discharge of such substance within 90 days of the effective date of such regulations.
(4) In the case of any notification made under this division, the industrial user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.
(J) Analytical requirements.
(1) All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA and TCEQ.
(2) The city may select an independent firm or laboratory to collect and analyze samples for which the city is responsible for under this subchapter.
(3) The city has the authority to reject data from laboratories which do not have adequate quality assurance and/or quality control procedures. Data submitted in monitoring reports to the city must be legally defensible.
(K) Sample collection.
(1) Except as indicated in divisions (2) and (3) below, the user must collect wastewater samples using 24-hour flow-proportional composite sampling techniques, or time-proportional composite sampling or grab sampling is authorized by the Superintendent in the permit. Note: Daily discharge is required to be defined as “the discharge of a pollutant” measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. Where time-proportional composite sampling or grab sampling is authorized by the city, the samples must be representative of the discharge. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by POTW, as appropriate. In addition, grab samples may be required to show compliance with instantaneous limits, if applicable.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic chemicals must be obtained using grab collection techniques.
(3) For sampling required in support of baseline monitoring and 90-day compliance reports required in § 51.077 (A) and (C) and 40 CFR § 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the Superintendent may authorize a lower minimum. Sampling requirements, which previously only applied to BMRs and 90-day reports, extend to reports on continued compliance and noncategorical SIU reports (40 CFR §403.12(g)(1) and (3)). For the reports required by paragraphs in § 51.077(D) and 40 CFR § 403.12(e) and § 403.12(h)), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements. The city may require that more than four grab samples be taken and separately analyzed to ensure that sampling is representative (where the city cannot verify that previous techniques were representative, such data will not support the use of this alternative practice). Where there is a change to existing IU operation, (for example, the addition of treatment) historic data that does not represent the current discharge will not be able to be used to justify a lower minimum of grab samples.
(4) Non-detectable sample results. Non-detectable sample results may be used only as a demonstration that a pollutant is not present if the EPA approved method from 40 CFR Part 136 with the lowest minimum detection level for that pollutant was used in the analysis.
(5) Where the city has performed the sampling and analysis in lieu of the industrial user, then the city shall perform the repeat sampling and analysis. If the city notifies the industrial user of the violation and requires the industrial user of the violation and requires the industrial user to perform repeat sampling and analysis then submission of the results are due within a 30 day time frame. Resampling is not required if the following are performed: (1) the city performs the sampling at the IU at a frequency of at least once per month or (2) the city performs sampling at the IU between the time when the initial sampling was conducted and the time when the IU or the city receives the results of this sampling [40 CFR §403.12(g)(2)].
(6) Sampling must be taken within a 24-hour period, however, the sample should only be collected during the portion of the 24-hour period that the IU is discharging from the regulated process and/or pretreatment unit (as long as regulated process wastewater is flowing through the pretreatment unit). During parts of the day when there is no discharge of process wastewater, standing water shall not be disproportionately sampled and analyzed as it would not be representative of the discharge from the IU. The city shall only approve a sampling protocol that produces representative results and is based on (operation conditions and physical configuration of the IU facility). The city shall require documentation of site-specific circumstances prior to allowing alternate sampling by including the alternate sampling in the IU control mechanism. The city shall require documentation of how alternate sampling techniques are representative of the discharge.
(L) Determination of noncompliance. The Superintendent may use a grab sample(s) to determine noncompliance with pretreatment standards.
(M) Timing for submitted reports. Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the U.S. Postal Service, the date of receipt of report shall govern.
(N) Record keeping.
(1) Any industrial user subject to reporting requirements established in this subchapter shall maintain records of all information resulting from any monitoring activities required by this subchapter, any additional records of information obtained pursuant to monitoring activities undertaken by the user independent of such requirements, and documentation associated with BMPs established under § 51.073. Such records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the names of the person or persons taking the samples;
(b) Dates analyses were performed;
(c) Who performed the analyses;
(d) The analytical techniques/methods used; and
(e) The results of such analyses.
(2) Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this subchapter. These records shall remain available for a period of at least three years. This period shall be automatically extended for the duration of any litigation concerning compliance with this subchapter, or where the industrial user has been specifically notified of a longer retention period by the Superintendent.
(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) Inspection and sampling. The city shall have the right to enter 24 hours/day the sampling facilities of any industrial user to ascertain whether the purpose of this subchapter, and any permit or order issued hereunder, is being met and whether the industrial user is complying with all requirements thereof. Industrial users shall allow the Superintendent or his representatives ready access to all parts of the premises for the purposes of inspection, independent sampling, records examination and copying, and the performance of any additional duties. All significant industrial users will be subject to annual inspections in accordance with 40 CFR 403.8(f)(2)(v).
(1) Where an industrial user has security measures in force which require proper identification and clearance before entry into its premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, personnel from the city, TCEQ and EPA will be permitted to enter without delay, for the purposes of performing their specific responsibilities.
(2) Pursuant to 33 U.S.C.A. 1318(a), the city, TCEQ and EPA shall have the right to enter upon the industrial user's property for inspections, sampling or metering, and/or require installation of such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) The city may require the industrial user to install monitoring equipment as it deems necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the industrial user at its sole expense. All other devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy, unless the need for more frequent calibration is indicated.
(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the industrial user.
(5) Unreasonable delays in allowing city personnel access to the industrial user's premises shall be a violation of this subchapter.
(6) Anyone acting under the authority of this section shall observe the industrial user's rules and regulations concerning safety, internal security, and fire protection.
(7) Except when caused by negligence or failure of the industrial user to maintain safe conditions, the city shall indemnify the industrial user against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the industrial user and resulting from the city's sampling operation.
(8) The Superintendent and other duly authorized persons 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 purpose of:
(a) Inspection, observation, measurement, sampling, or repair;
(b) Maintenance of any portion of the sewerage system lying within the easements; and
(c) Conducting any other authorized activity.
(B) Search warrants. If the Superintendent, or any other duly authorized person, including a state and federal representative, has been refused access to a building, structure or property or any part thereof, and if the Superintendent has demonstrated probable cause to believe that there may be a violation of this subchapter or that there is need to inspect as part of a routine inspection program of the city designed to verify compliance with the requirements and provisions of this subchapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application by the City Attorney, the Municipal Court Judge of the city or other magistrate may issue a search and/or seizure warrant describing therein the specific location subject to the warrant. The warrant shall specify what, if anything, may be searched and/or seized on the property described. Such warrant shall be served at reasonable hours by the Superintendent in the company of a uniformed police officer of the city. In the event of an emergency affecting public health and safety, inspections shall be made without the issuance of a warrant.
(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)
Information and data related to an industrial user that is included in reports, surveys, wastewater discharge permit applications, wastewater discharge permits, and monitoring programs, and from city inspection and sampling activities, shall be available to the public without restriction unless the industrial 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 under applicable state law. Any such request must be asserted at the time of submission of the information or data. When requested and demonstrated by the industrial user furnishing a report that such information should be held confidential, 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 immediately upon request to governmental agencies for uses related to the NPDES and/or TPDES programs, or the city's pretreatment program, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be available to the public without restriction.
(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)
The city shall publish at least annually (in April), in a newspaper of general circulation that provides meaningful notice within the jurisdiction(s) served by the POTW, a list of the industrial users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements as defined in § 51.072 under “significant noncompliance”.
(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)
Loading...