(a) Permit required. A significant industrial user commits an offense if he discharges, or allows the discharge of, industrial waste into the wastewater system without obtaining and maintaining a valid significant industrial user permit from the director.
(b) Application procedures.
(1) Application for a permit required under Subsection (a) must be made to the director upon a form provided for the purpose.
(2) The application must contain:
(A) a description of the activities, structures, equipment, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility that are, or could be, discharged into the wastewater system;
(B) the site plans, floor plans, and mechanical and plumbing plans of the facility with sufficient detail to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge;
(C) the number and type of employees and proposed or actual hours of operation of the facility;
(D) a list of each product produced by type, the amount of the product produced, the process or processes used to produce the product, and the rate of production;
(E) the type and amount of raw materials processed (average and maximum per day);
(F) the time and duration of discharges;
(G) a certification statement complying with the requirements of Section 49-51(m) and signed by a designated authorized representative of the applicant;
(H) self-monitoring, sampling, reporting, notification, and record-keeping requirements, including an identification of the pollutants to be monitored, sampling location and frequency, and sample type, based on the applicable general pretreatment standards, categorical pretreatment standards, local limits, and the regulations of state law and this chapter;
(I) best management practices if required by the pretreatment standards; and
(J) any other information deemed necessary by the director to evaluate the wastewater discharge permit application.
(3) The director may establish further regulations and procedures not in conflict with this chapter or other laws regarding the granting and enforcement of permits, including but not limited to administrative orders issued for the purpose of bringing a violator back into compliance with a permit.
(c) Terms and conditions of permit, in general. The director shall prescribe such terms and conditions of the permit as are required and authorized by the EPA and TCEQ, as necessary to ensure full compliance with this article and all national pretreatment standards and regulations. In addition, the permit must incorporate all applicable national pretreatment standards and all other pretreatment regulations promulgated by the EPA and TCEQ applicable to significant industrial users. A person commits an offense if the person violates or allows a violation of any term or condition of a permit issued under this section. The director may enforce the terms and conditions of the permit as authorized under this chapter.
(d) Limitation on permit term. The term of a permit may never be longer than five years.
(e) Permit renewal. An industrial user wishing to renew a permit must file a complete application with the director at least 60 days prior to the expiration of the industrial user’s existing permit. Failure to submit a complete application with the director at least 60 days prior to expiration of the existing permit may subject the industrial user to enforcement actions.
(f) Issuance of permits. The director shall issue a permit under Subsection (a) if:
(1) the director determines that pretreatment facilities are adequate for efficient treatment of discharged waste and comply with the waste concentration level requirement of Section 49-43 or with national pretreatment standards, whichever is applicable;
(2) the applicant has submitted:
(A) an expected compliance date;
(B) an installation schedule of approved pretreatment devices; and
(C) a self-monitoring program prepared in accordance with all applicable federal pretreatment regulations promulgated by the EPA; or
(3) the applicant is not discharging wastewater in violation of Section 49-43.
(g) Nontransferability. A permit granted under this section is not transferable or assignable.
(h) Changes in authorized representative designation. If the designation of an authorized representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new written authorization satisfying the requirements of this section must be submitted to the director prior to, or together with, any reports to be signed by an authorized representative.
(i) Defense to enforcement actions. It is a defense to prosecution or to civil court action brought under this article for a violation of pretreatment standards that the person held a valid permit issued under this section and the person discharged industrial waste in violation of national categorical pretreatment standards as the result of any of the following:
(1) Any act of God, war, strike, riot, or other catastrophe.
(A) The act of God defense constitutes a statutory affirmative defense contained in Section 7.251 of the Texas Water Code in an action brought in municipal or state court. If a person can establish that an event that would otherwise be a violation of this article, or a permit issued pursuant to this article, was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this article or the permit.
(B) An industrial user who wishes to establish the act of God affirmative defense must:
(i) demonstrate through relevant evidence that the sole cause of the violation was an act of God, war, strike, riot, or other catastrophe; and
(ii) submit the following information to the city within 24 hours of becoming aware of the violation (if this information is provided orally, a written submission must be provided to the director within five days):
(aa) A description of the event, and the nature and cause of the event.
(bb) The time period of the violation, including exact dates and times or, if still continuing, the anticipated time the violation is expected to continue.
(cc) The steps being taken or planned to reduce, eliminate and prevent recurrence of the violation.
(C) The industrial user seeking to establish the act of God affirmative defense has the burden of proving by a preponderance of the evidence that the violation of this article, or a permit issued pursuant to this article, was caused solely by an act of God, war, strike, riot or other catastrophe.
(2) A bypass authorized by the director in accordance with Title 40, Code of Federal Regulations, Section 403.17(c), as amended.
(3) An upset authorized by the director in accordance with Title 40, Code of Federal Regulations, Section 403.16(c), as amended. (Ord. Nos. 19201; 21409; 21862; 25256; 26925; 28084)