(a) General prohibitions. A person shall not discharge into the wastewater system, or cause or permit to be discharged into the wastewater system, any pollutant that causes a pass through or interference.
(b) Specific prohibitions. A person shall not discharge, or cause or permit to be discharged, any of the following pollutants into the wastewater system:
(1) Inflows or infiltration, as illustrated by, but not limited to, storm water, ground water, roof run-off, subsurface drainage, a downspout, a yard drain, a yard fountain or pond, or lawn spray.
(2) Wastewater or industrial waste generated or produced outside the city, unless approval in writing from the director has been given to the person discharging the waste.
(3) A liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).
(4) Gasoline, kerosene, naphtha, fuel oil, vapors, or any other pollutant that creates a fire or explosion hazard in the wastewater system, including but not limited to industrial waste with a closed cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade).
(5) A pollutant that will cause corrosive structural damage to the wastewater system, unless the portion of the wastewater system directly or indirectly receiving the discharge is specifically designed to accommodate the corrosive discharge.
(6) Used motor oil.
(7) A solid or viscous pollutant in amounts that will cause obstruction to the flow in the wastewater system, resulting in interference.
(8) Heat in quantities that will cause the temperature to exceed 104 degrees Fahrenheit (40 degrees Celsius) at any point in the wastewater system or will otherwise inhibit biological activity in the wastewater system, unless the director expressly approves alternate temperature limits in the discharger’s industrial waste discharge permit.
(9) Solid or liquid substances in quantities capable of causing obstruction to the flow in wastewater mains or other interference with the proper operation of the wastewater system as illustrated by, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, and paint residues or bulk solids, except when such items as lime slurry or lime residues are used in the treatment of combined storm and wastewater during storm runoff.
(10) A pollutant capable of forming a toxic gas, vapor, or fume in a quantity that may cause, either by itself or by interaction with other waste, hazard to life or acute employee health or safety problems.
(11) Garbage that is not properly shredded as defined in Section 49-1(81).
(12) Except where the director has determined that different limits under an industrial waste discharge permit are appropriate, wastewater exceeding 200 mg/L of oils, fats, and grease (measured as total oil and grease).
(13) A substance having a pH value lower than 5.5 or higher than 10.5.
(14) Radioactive materials in a manner that will permit a transient concentration higher than 100 microcuries per liter.
(15) Unusual taste or odor producing substances, unless pretreated to a concentration acceptable to the director so that the material does not:
(A) cause damage to collection facilities;
(B) impair the city’s treatment processes;
(C) incur treatment costs exceeding those of normal wastewater;
(D) render the water unfit for stream disposal or industrial use; or
(E) create a public nuisance.
(16) A discharge of water, normal domestic wastewater, or industrial waste that in quantity of flow exceeds, for a duration of longer than 15 minutes, more than four times the average 24-hour flow during normal operation.
(17) Without the approval of the director, a substance or pollutant other than industrial waste, normal domestic wastewater, septic tank waste, or chemical toilet waste that is of a toxic or hazardous nature, regardless of whether or not it is amenable to treatment, including but not limited to bulk or packaged chemical products.
(18) Except at discharge points authorized by this chapter, or by regulations promulgated by the director that are not in conflict with this chapter or other laws, wastewater or a pollutant that is trucked or hauled.
(19) Any other pollutant, substance, or material not amenable to treatment, or of a concentration or quantity sufficient to harm the wastewater system, as determined by the director.
(c) Local limits. The following local pollutant limits are established to protect against pass through and interference. The limits apply at the point where the wastewater is discharged to the wastewater system. The director may impose mass limitations in addition to, or in place of, the concentration-based limitations. All concentrations for metallic substances are for total metal unless indicated otherwise. No person may discharge wastewater containing pollutants in the form of compounds or elements with total concentrations exceeding the following uniform concentration and contributory flow limits:
(1) Uniform concentration limits for all wastewater except for wastewater discharged to the Trinity River Authority Central Regional Wastewater Treatment Plant.
Pollutant
| Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L | Southside Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L |
Pollutant
| Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L | Southside Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L |
Arsenic | 0.07 | 0.50 |
Cadmium | 0.34 | 1.00 |
Chromium | 3.62 | 5.00 |
Copper | 4.00 | 4.00 |
Cyanide | 0.71 | 1.60 |
Lead | 1.60 | 1.60 |
Mercury | 0.0006 | 0.01 |
Nickel | N/A | 5.58 |
Selenium | 0.20 | 0.20 |
Silver | 0.36 | 3.04 |
Sulfide | 10.00 | 10.00 |
Zinc | 3.06 | 5.00 |
(2) Uniform concentration limits for wastewater discharged to the Trinity River Authority Central Regional Wastewater Treatment Plant.
Pollutant | TRA Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L |
Pollutant | TRA Central Wastewater Treatment Plant Maximum Allowable Discharge Limit, mg/L |
Arsenic | 0.20 |
Cadmium | 0.10 |
Chromium | 2.90 |
Copper | 2.30 |
Cyanide | 0.50 |
Lead | 0.90 |
Mercury | 0.0004 |
Molybdenum | 0.80 |
Nickel | 4.60 |
Selenium | 0.10 |
Silver | 0.80 |
TTO | 2.13 |
Sulfide | NA |
Zinc | 8.00 |
Oil and grease | 200.00 |
pH | 5.5 to 11.0 Standard Units |
(3) Contributory flow limits at the Central Wastewater Treatment Plant.
(A) For contributing industrial users, the contributory flow pollutant limitation for nickel is 3.14 mg/L.
(B) For non-contributing industrial users, the contributory flow pollutant limitation for nickel is 0.0028 mg/L.
(C) For purposes of this paragraph, a contributing industrial user is an industrial user found by the city to discharge nickel above the industrial contributory screening limits at the Central Wastewater Treatment Plant.
(d) Defenses. It is a defense to prosecution under Subsection (a) of this section and to a civil court action enforcing Subsection (a) of this section if a person can demonstrate that:
(1) a specific numeric local discharge limit to prevent pass through or interference exists under this section for each pollutant in the person’s wastewater discharge that caused pass through or interference and the person’s wastewater discharge was in compliance with the applicable specific local discharge limit for each pollutant directly prior to and during the pass through or interference; or
(2) if a specific numeric local discharge limit does not exist under this section for the pollutant in question, the person’s wastewater discharge did not change substantially in nature or in constituent parts from the person’s prior wastewater discharges when the city was regularly in compliance with its Texas Pollutant Discharge Elimination System permit and, in the case of interference, with applicable federal requirements for wastewater sludge use or disposal.
(e) Enforcement actions. If a person discharges a substance into the wastewater system in violation of this section, fails to comply with the reporting requirements of this article, or falsifies or improperly alters pretreatment records required under Section 49-51, the director may take any of the following actions:
(1) Suspend discharge. After informal notice, immediately suspend or halt an industrial user’s discharge.
(2) Terminate service. Terminate water and wastewater service to the premises from which the substance was discharged.
(3) Suspend or revoke permit. If the person was discharging wastewater pursuant to an industrial waste discharge permit issued under Section 49-46, revoke or suspend the permit.
(4) Require pretreatment. By administrative order, where applicable, or by other authorized means, require pretreatment or control of the quantities and rates of discharge of wastewater to bring the discharge within the limits established by this section.
(5) Criminal or civil enforcement.
(A) Request a court of competent jurisdiction to assess a civil fine against the industrial user in an amount of not less than $1,000. The fine will be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limit violations, the fine will be assessed for each day during the period of violation. In addition, the city may seek to recover the remediation and clean-up costs from the industrial user, and the costs of preparing and bringing the enforcement action. In determining the amount of the fine, the court may consider the following:
(i) The extent of the harm caused by the violation.
(ii) The magnitude and duration of the violation.
(iii) Any economic benefit gained by the industrial user as a result of the violation.
(iv) The timing and nature of any corrective actions taken by the industrial user.
(v) The compliance history of the industrial user.
(vi) The provisions of the enforcement response plan.
(vii) Any other information deemed relevant by the court.
(B) Bring a criminal or any other civil enforcement action as authorized in Section 49-42.
(f) Administrative authority of director. The director has the authority to do any of the following to ensure compliance with this chapter:
(1) Notice of violation. The director may serve a written notice of violation. This does not prevent the director from taking any action, including an emergency action or any other enforcement action, without first issuing a notice of violation.
(2) Consent or administrative orders. The director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with an industrial user responsible for noncompliance. The agreement must include specific action to be taken by the industrial user to correct the noncompliance within a time period specified in the agreement. The agreement has the same force and effect as the administrative orders issued pursuant to Section 49-43(e)(4) and is judicially enforceable.
(3) Show cause hearing. The director may order an industrial user that has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice must be served on the industrial user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the industrial user show cause why the proposed enforcement action should not be taken. A show cause hearing is not a bar against, or prerequisite for, taking any other action against the industrial user.
(4) Compliance orders. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter or any other pretreatment standard or requirement, the director may issue an order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a specified time. If the industrial user does not come into compliance within the time provided, wastewater service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Issuance of a compliance order is not a bar against, or a prerequisite for, taking any other action against the industrial user.
(5) Cease and desist orders. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter or any other pretreatment standard or requirement, or that the industrial user’s past violations are likely to recur, the director may issue an order to the industrial user directing it to cease and desist all such violations and directing the industrial user to:
(A) immediately comply with all requirements; and
(B) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Issuance of a cease and desist order is not a bar against, or a prerequisite for, taking any other action against the industrial user.
(6) Injunctive relief. When the director finds that an industrial user has violated, or continues to violate, any provision of this chapter, or any other pretreatment standard or requirement, the director may petition a court of competent jurisdiction through the city attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit or other requirement imposed by this chapter on the activities of the industrial user. The director may also seek any other relief, including environmental remediation. A petition for injunctive relief is not a bar against, or a prerequisite for, taking any other action against an industrial user.
(g) No waiver of other enforcement; remedies nonexclusive.
(1) Action taken by the director under Subsection (e) or (f) does not prevent the use of other enforcement methods available to the city.
(2) The remedies provided for in Subsections (e) and (f) are not exclusive. The director may take any combination of these actions against an industrial user.
(h) Applicability of more stringent pretreatment standards.
(1) National pretreatment standards. If the EPA adopts national pretreatment standards, categorical or otherwise, that are more stringent than the discharge limits prescribed in Subsections (a), (b), and (c) of this section, the more stringent national pretreatment standards will apply. A violation of the more stringent national pretreatment standards will be considered a violation of this article.
(2) Combined wastestream formula. When wastewaters subject to a categorical pretreatment standard (regulated, unregulated, and diluted wastestreams) are mixed prior to effluent sampling, the director shall impose an alternative limit in accordance with Title 40, Code of Federal Regulations, Section 403.6, as amended.
(i) Applicability of more stringent instantaneous discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by a publicly-owned treatment works owned by a governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:
(1) If the governmental entity has more stringent instantaneous maximum allowable discharge limits than those prescribed by this section, or by a discharge permit issued under Section 49-46, because the EPA or the TCEQ requires the more stringent instantaneous maximum allowable discharge limits as a part of the governmental entity’s wastewater pretreatment program, the more stringent discharge limits will prevail. The director shall furnish to all industrial users affected by this subsection a copy of the more stringent discharge limits in effect under the contract. If a permit is issued to an industrial user under this subsection, a copy of the more stringent discharge limits must be included with the permit.
(2) The director shall issue a discharge permit in accordance with Section 49-46 to an industrial user affected by Paragraph (1) of this subsection, to ensure notice of and compliance with the more stringent instantaneous maximum allowable discharge limits. If the industrial user already has a discharge permit, the director shall amend the permit to apply and enforce the more stringent instantaneous maximum allowable discharge limits. An industrial user permitted under this subsection shall submit to the director an expected compliance date and an installation schedule if the more stringent instantaneous maximum allowable discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(3) If the director receives notice from the governmental entity of a change to the instantaneous maximum allowable discharge limits or to other applicable requirements, the director shall notify the affected industrial user in writing of the change and of the effective date of the change, amend the permit to apply and enforce the change, and furnish a copy of the change with the amended permit. If the change results in more stringent instantaneous maximum allowable discharge limits or other applicable requirements, an industrial user shall be given a reasonable opportunity to comply with the more stringent limits or requirements.
(4) The more stringent instantaneous maximum allowable discharge limits cease to apply upon termination of the city’s wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the governmental entity, the EPA, or the TCEQ. The director shall take the appropriate action to notify the affected industrial user of an occurrence under this paragraph.
(j) Variances in compliance dates. The director may grant a variance in compliance dates to an industrial user when, in the director’s opinion, such action is necessary to achieve pretreatment or corrective measures. In no case may the director grant a variance in compliance dates to an industrial user affected by national categorical pretreatment standards beyond the compliance dates established by the EPA.
(k) Authority to regulate. The director may establish regulations, not in conflict with this chapter or other laws, to control the disposal and discharge of industrial waste into the wastewater system and to ensure compliance of the city’s pretreatment enforcement program with all applicable pretreatment regulations promulgated by the EPA. The regulations established must, where applicable, be made a part of any discharge permit issued to an industrial user by the director under Section 49-46. (Ord. Nos. 19201; 19622; 20215; 21409; 21862; 25214; 25256; 26925; 28084)