§ 12.5-100 PURPOSE.

12.5-671 Publication of users in significant noncompliance for facilities discharging to the City of Fort Worth Village Creek water reclamation facility

12.5-671.1 Publication of users in significant noncompliance for facilities discharging to the Trinity River Authority Central Regional wastewater system

12.5-671.2 Publication of users in significant non-compliance for facilities discharging to the Trinity River Authority Denton Creek Regional wastewater system

12.5-672 Emergency suspension of water supply and/or discharge

12.5-673 Non-emergency termination of water supply and/or discharge

12.5-674 Performance bonds

12.5-675 Liability insurance

12.5-676 Additional criminal offenses

12.5-677 Affirmative defenses to discharge violations for action in municipal or state court

12.5-677.1 Affirmative defenses to upset only in federal court

12.5-677.2 Other affirmative defenses to specific prohibited discharge standards only in federal court

12.5-678 Nuisance

12.5-679—12.5-699 Reserved

Article VII: Liquid Waste

Division 1: General Provisions

12.5-700 Definitions

12.5-701 Administration

12.5-702 Purpose

12.5-703 Disposal fee

12.5-704 Reserved

Division 2: Generation, Transportation and Disposal

12.5-705 Permit required

12.5-706 Permit application procedures

12.5-707 Issuance and display of permit

12.5-708 Grounds for permit denial

12.5-709 Permit conditions

12.5-710 Permit modification

12.5-711 Transporter responsibilities

12.5-712 Suspension or revocation of permit

12.5-713 Generator responsibilities

12.5-714 Disposer responsibilities

12.5-715 Additional permit holder responsibilities

12.5-716 Previously issued permits

12.5-717—12.5-729 Reserved

Division 3: Disposal Offenses

12.5-730 Interference with grease trap, grit trap or sanitary sewer

12.5-731 Bioremediation of grease traps

12.5-731.1 Nuisances

12.5-732 Cross-reference to other restrictions in this chapter

12.5-733—12.5-799 Reserved

Article VIII: Solid Waste and Recycling

Division 1: General Provisions

12.5-800 Definitions

12.5-801 Administration and enforcement

12.5-802 Operation of convenience centers

12.5-803 Special waste not accepted

12.5-804 Vehicles at convenience centers

12.5-805 Assumption of risk of injury at convenience centers

12.5-806 Waste containers required

12.5-807—12.5-820 Reserved

Division 2: Household Collection

12.5-821 City household collection service

12.5-822 Preparation of household garbage and rubbish for collection

12.5-822.1 Reserved

12.5-823 Preparation of yard trimmings and small bundled brush for collection

12.5-823.5 Preparation of brush for collection

12.5-824 Preparation of recyclables for collection

12.5-825 Placement of garbage, yard trimmings, small bundled brush, brush and recyclables for curbside city household collection service

12.5-826 Placement of garbage and recyclables for carry-out city household collection service

12.5-827 Maintenance and storage of carts

12.5-828 Bulky waste collection

12.5-829 Reserved

Division 3: Commercial Services

12.5-830 Commercial collection service in carts

12.5-831 Commercial waste containers

12.5-832 Nuisance caused by commercial waste container

12.5-833—12.5-839 Reserved

Division 4: Deposits, Rates and Collection

12.5-840 Deposits

12.5-841 Billing

12.5-841.1 Residential collection fees

12.5-841.2 Commercial garbage collection fees

12.5-842 Delinquent accounts

12.5-842.1 Appeal

12.5-842.2 Hearings

12.5-842.3 Continuation of water service during appeal

12.5-842.4 Rights and remedies of the city

12.5-843 Environmental protection fee

12.5-844 Non city waste landfill environmental fee

12.5-845—12.5-849 Reserved

Division 5: Private Collectors

12.5-850 Agreement required

12.5-851 Privilege agreement application

12.5-852 Granting of privilege agreement

12.5-853 Suspension or revocation

12.5-854 Records and reports

12.5-855 Penalties for violations

12.5-856 Payment of fees/quarterly reports/annual report

12.5-857 Solid waste vehicle hauling permit

12.5-858 Hauling permit application

12.5-859 Issuance of a hauling permit

12.5-860 Display of hauling permit

12.5-861 Hauling permit fees; terms

12.5-862 Suspension or revocation of a hauling permit

12.5-863 Penalties for violations

Article IX: Fill Material

Division 1: Definition of Fill Material

12.5-864 Definition

Division 2: Registration, Notice and Placement of Sign

12.5-865 Registration

12.5-866 Notice

12.5-867 Placement of sign

Division 3: Restrictions on Placement of Fill Material

12.5-868 Height and slope restrictions

12.5-869 Additional provisions

Division 4: Exemptions from Requirements of Division 2

12.5-870 Exemptions

Division 5: Placement of Fill Material in Rights-of-Way

12.5-871 Placement of fill material in existing or proposed rights-of way

Division 6: FEMA and Drainage Standards

12.5-872 FEMA and city storm drainage standards

12.5-873 Existing drainage pattern

Article X: Grading Permit

12.5-874 Definitions

12.5-875 Incorporation of stormwater criteria manual

12.5-876 Construction of single-family and duplex homes

12.5-877 Grading permit required; exemptions from grading permit requirement

12.5-878 Application for a grading permit; approval

12.5-879 Early grading permits

12.5-880 Additional grading requirements

12.5-881 Grading certificate

12.5-882 Permit fees

12.5-883 Violations

ARTICLE I: ADMINISTRATION AND ENFORCEMENT

DIVISION 1: GENERAL PROVISIONS

§§ 12.5-1—12.5-99 RESERVED.

§ 12.5-100 PURPOSE.

(a) The purpose of this chapter is the consolidation and update of the environmental regulations of the City of Fort Worth which come under the administrative authority of the department of environmental management, the department of water and the department of city services.

(b) It is the objective of this chapter to make the city’s environmental regulations more accessible and understandable by consolidating them and arranging them into a more logical order, by employing a format and numbering system designed to facilitate citation of the regulations and to accommodate future expansion, and by providing a uniform system of enforcement.

(c) The user of this chapter is cautioned, however, that not all of the city’s environmental regulations are in this chapter. The user should continue to consult other provisions of the city code, most notably:

(1) The zoning code;

(2) The fire code, including provisions on flammable and combustible liquids and hazardous materials,

(3) The Lake Worth chapter, regarding the regulation of marinas; and

(4) The airports and aircraft chapter, regarding noxious and corrosive substances and aircraft fueling.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 14699, § 1, passed 7-17-2001)

§ 12.5-101 NUMBERING SYSTEM.

In this chapter the numbers of the sections begin with § 12.5-100. Each section number corresponds to the number of the article in which the section is found. For example, all sections in Article I are numbered in the 12.5-100s, all sections in Article II are numbered in the 12.5-200s, and so on.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-102 SHORT TITLE.

This chapter may be cited as the environment code.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-103 DEFINITIONS.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

ACCEPTABLE COMMERCIAL PILE. A brush pile produced by a commercial service provider hired by a resident of the service unit or owner/agent of a service unit, generated and located at that service unit and in compliance with Chapter 12.5 but does not include brush generated by a utility service provider.

ACT OF GOD. War, strike, riot or other catastrophe completely outside the user’s control.

AGRICULTURAL STORMWATER RUNOFF. Any stormwater runoff from orchards, cultivated crops, pastures, range lands and other non-point source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 C.F.R. § 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 C.F.R. § 122.24.

AGRICULTURAL WASTE. Waterborne liquid, gaseous or solid substances that arise from the agricultural industry and agricultural activities, including without limitation, agricultural animal feeding pens and lots, structures for housing and feeding agricultural animals and processing facilities for agricultural products. The term AGRICULTURAL WASTE does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land and farmland.

AIR CONTAMINANT. Any particulate matter, radioactive material, dust, fumes, gas, mist, smoke, vapor or odor, or any combination thereof, produced by processes other than natural processes.

AIR POLLUTION. The presence in the atmosphere of one or more air contaminants or any combination thereof, in sufficient quantities and of such duration as are or may tend to be injurious to or adversely affect human health or welfare, animal life, vegetation or property, or which interferes with the normal use and enjoyment of animal life, vegetation or property.

ABOVEGROUND STORAGE TANK. A nonvehicular device that is:

(1) Made of nonearthen materials;

(2) Located on or above the surface of the ground or on or above the surface of the floor of a structure below ground such as a mineworking, basement or vault; and

(3) Designed to contain any petroleum substance, hazardous substance, hazardous waste, or any mixture of two or more hazardous substances, and/or petroleum substances, and/or hazardous waste.

AMBIENT AIR. That portion of the atmosphere, external to buildings, to which the general public has access.

AMBIENT AIR STANDARDS. The standards for the outdoor atmosphere, adopted by the commission, which are established by the U.S. Environmental Protection Agency (EPA) and known as the National Ambient Air Quality Standards (NAAQS).

APPROVAL AUTHORITY. The executive director of the Texas commission on environmental quality (TCEQ) where the state has been delegated NPDES permit authority and has an approved pretreatment program.

APPROVED BACKFLOW PREVENTION ASSEMBLY or BACKFLOW ASSEMBLY or ASSEMBLY. An assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the City of Fort Worth water department.

AQUATIC MONITORING ORGANISM. The Fathead minnow Pimephales promelas, the bacterium Photobacterium phosphoreum or the daphnid Ceriodaphnia dubia.

AUTHORIZED REPRESENTATIVE OF THE USER.

(1) If the user is a corporation:

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; or

b. The manager of one more manufacturing, production or operating 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 or any control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

(3) If the user is a federal, state or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or their designee.

(4) The individuals described in subsections (1) through (3) above, may designate another authorized representative if: the authorization is in writing, 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 such authorization is submitted to the city.

AUXILIARY SUPPLY. Any water source or system other than the public water system, that may be available in a building or on any property.

AVB. Atmospheric vacuum breaker.

AVERAGE. The arithmetic mean of the values for samples collected over a designated period.

BACKFLOW.

(1) The flow in the direction opposite to the normal flow; or

(2) The introduction of any foreign liquids, gases or substances into the public water system.

BACKFLOW ASSEMBLY. See APPROVED BACKFLOW PREVENTION ASSEMBLY.

BEST MANAGEMENT PRACTICES (BMP).The schedules of activities, prohibitions of practices, maintenance procedures and/or other management practices to implement the prohibitions listed in §§ 12.5-610, 12.5-610.1 and 12.5-610.2 of Article VI this code and to prevent or reduce the pollution of the MS4 and waters of the United States. BMPs shall include treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials.

BIOREMEDIATION MEDIA. Bacterial cultures, enzymes or other media which are designed to eliminate or reduce the need for the mechanical cleaning of grease traps.

BOD (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20°C, usually expressed as parts per million (ppm) by weight or in terms of milligrams per liter (mg/l).

BORESIGHT or BORESIGHT TO DAYLIGHT. Providing adequate drainage for backflow prevention assemblies installed in vaults through the use of an unobstructed drain pipe.

BRUSH. Shrub limbs, tree limbs (up to four inches in diameter and not to exceed eight feet in length), untreated lumber and tree trimmings resulting from landscape maintenance and cleaning operations (other than a commercial pile).

BRUSH PILE. A waste pile consisting only of brush.

BULKY WASTE COLLECTION WEEK. The week in which a service unit shall have its bulky waste pile collected, as established by the city.

BULKY WASTE. Furniture, treated wood, up to ten cubic yards of construction materials generated by a service unit (and not by a commercial service provider) as a result of a household project, mattresses and box springs, carpet, swing sets, plastic swimming pools, small and large toys, bicycles, fish aquariums, toilets, household appliances and other similar items, white goods (CFC-free), large branches (being branches in excess of four inches in diameter but less than eight feet in length), tree trunks and root balls; provided such items do not contain hazardous waste or any waste which is not acceptable at the designated landfill.

BULKY WASTE PILE. A waste pile that contains bulky waste.

BYPASS. The intentional diversion of waste streams or wastewater from any portion of a user’s wastewater treatment equipment or pretreatment equipment.

CATEGORICAL PRETREATMENT STANDARD or CATEGORICAL STANDARD. Limitations on the discharge of pollutants to the POTW, promulgated by EPA in accordance with § 307 of the Act, that apply to specified process wastewaters of particular industrial categories (40 C.F.R. 403.6 and Parts 405 through 471).

CERCLA. The Federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A. §§ 9601 et seq., as amended.

C.F.R. The Code of Federal Regulations.

CITY. The City of Fort Worth, Texas.

CITY SANITARY LANDFILL. A controlled area of land owned or operated by the city upon which municipal solid waste is disposed of in accordance with standards, rules or orders established by the commission.

CITY SOLID WASTE FACILITY. All contiguous land and its structures, other appurtenances and improvements, used for processing, storing or disposing of solid waste, and which is owned or operated by the city.

CLASS 1 NONHAZARDOUS INDUSTRIAL SOLID WASTE. Waste classified as such under Tex. Administrative Code Title 30, § 335.505.

COD (CHEMICAL OXYGEN DEMAND). The measure of the oxygen-consuming capacity of inorganic matter present in the water or wastewater expressed in mg/l as determined by the amount of oxidant consumed from a chemical reflux. Such term does not, however, differentiate between stable and unstable organic matter, and therefore does not necessarily correlate with BOD.

COLLECT. As used in Article VII of this chapter, means to remove liquid waste for transport elsewhere, or cause such to be done.

COMBINED WASTESTREAM FORMULA (CWF). A procedure found in 40 C.F.R. § 403.6(e) for calculating fixed alternative discharge limits at industrial facilities applicable when regulated process wastewater, subject to a categorical pretreatment standard, is mixed with non-regulated wastewaters prior to sampling.

COMMERCIAL GARBAGE AND RUBBISH. Garbage and rubbish generated as a by-product of any commercial operation. The term does not include swills, slops, toxic or corrosive materials, manure or other material which is or might be harmful to collection personnel or equipment.

COMMERCIAL SERVICE PROVIDER. A commercial business enterprise or commercial service provider for the maintenance of yard trimmings, leaves, trees and yard maintenance in general.

COMMERCIAL WASTE CONTAINER. A truck-loaded or truck-emptied non-disposable container, commonly referred to as a dumpster, used for the collection of commercial garbage and rubbish.

COMMISSION. The Texas commission on environmental quality and its successor agencies.

COMPOSITE SAMPLE. A sample that is collected over time and formed either by continuous sampling or by mixing of discrete sampling aliquots. Composites formed by mixing discrete sampling aliquots may be collected on a flow or time proportional basis as follows:

(1) Flow proportional composite.

a. Composed of sampling aliquots collected at consistent time intervals and proportioned in volume according to stream flow;

b. Composed of sampling aliquots of consistent volume that are collected at time intervals proportioned according to stream flow; or

c. Flow proportional composite will be used only in locations that has the capability to measure flow during the sampling period.

(2) Time proportional composite. Composed of discrete sampling aliquots of representative volume collected at consistent time intervals regardless of stream flow.

CONTAMINATED. A harmful quantity of any substance, or as otherwise defined by law.

CONTROL AUTHORITY. The City of Fort Worth.

COOLING WATER.

(1) CONTAMINATED COOLING WATER. Water used for cooling purposes only which may become contaminated either through the use of water treatment chemicals used for corrosion inhibitors or biocides, or by direct contact with process materials and/or wastewater.

(2) UNCONTAMINATED COOLING WATER. Water used for cooling purposes only which has no direct contact with any raw material, intermediate or final product and which does not contain a level of contaminants detectably higher than that of the intake water. Also known as NONCONTACT COOLING WATER.

COSMETIC CLEANING. Cleaning done for cosmetic purposes. It does not include industrial cleaning, cleaning associated with manufacturing activities, hazardous or toxic waste cleaning, or any cleaning otherwise regulated under federal, state or local laws.

CROSS-CONNECTION. Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system or any other assembly which contains, or may contain, contaminated water, domestic sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be CROSS-CONNECTIONS.

DAILY COMPOSITE SAMPLE. The concentration of discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling.

DC. Double check valve backflow prevention assembly.

DDC. Double detector check valve assembly.

DEGREE OF HAZARD. The low or high hazard classification that shall be attached to all actual or potential cross-connections.

DISCHARGE. To deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release or dispose of, or to allow, permit or introduce any thing into the POTW from any nondomestic source.

DISCHARGER. Any person who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any operator of a construction site or industrial facility.

DISPOSAL. As used in Article VII of this chapter, means discharging, depositing, injecting, dumping, spilling, leaking or placing liquid waste into or onto land or water so that the waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater or introduced into the environment in any other manner.

DISPOSAL SYSTEM. Any system for disposing of waste, including sewer systems and treatment facilities.

DISPOSER. As used in Article VII of this chapter means a person who receives and processes, or disposes of liquid waste.

DOMESTIC SEWAGE (or SEWAGE). Human excrement, gray water (from home clothes washing, bathing, showers, dish washing and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, that is free from industrial waste.

DOUBLE CHECK VALVE BACKFLOW PREVENTION ASSEMBLY (or DOUBLE CHECK ASSEMBLY or DOUBLE CHECK). An assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a gate valve on each side of the checks, as well as test cocks to test the checks for tightness.

DRINKING WATER. Water distributed for human consumption, for use in preparing food or beverages, or for use in cleaning a utensil or article used in preparing food or beverages for, or consuming food or beverages by, human beings.

EARTH AND CONSTRUCTION MATERIALS. Earth, rocks, concrete, roofing materials, materials from demolished houses or other structures, trash and materials from an unimproved lot, and materials resulting from new residential and commercial construction and remodeling by a building contractor, roofing contractor or landscaping contractor.

EMISSION. The release into the outdoor atmosphere of one or more air contaminants or combinations thereof.

ENVIRONMENTAL MANAGER. The city’s director of the department of environmental management and the director’s authorized representative.

ENVIRONMENTAL PROTECTION AGENCY or EPA. The United States Environmental Protection Agency, or any duly authorized official of said agency.

EXISTING SOURCE. Any source of discharge to the POTW, 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 § 307 of the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. § 1317).

EXTRAJURISDICTIONAL USER. A significant industrial user or monitored user, other than a local government, which is located outside the corporate limits of the city, and which discharges or plans to discharge to the POTW.

FACILITY. All contiguous property owned, operated, leased or under the control of the same person. The contiguous property may be divided by a public or private right-of-way.

FIRE CODE. The Fire Prevention and Protection chapter of the city code.

FIRE DEPARTMENT. The fire department of the City of Fort Worth, or any duly authorized representative thereof.

FIRE PROTECTION WATER. Any water, and any substances or materials contained therein, used by any person other than the fire department to control or extinguish a fire.

FLOW WEIGHTED AVERAGE (FWA). A procedure used to calculate alternative limits where wastestreams regulated by a categorical pretreatment standard and other wastestreams combine after treatment but prior to the monitoring point.

FOOD ESTABLISHMENT. Any place where food is manufactured, packaged, produced, processed, transported, stored, sold, commercially prepared, vended or otherwise handled. The term includes any such place regardless of whether there is a charge for the food. The term does not include private homes where food is prepared or served for guests and individual family consumption.

GARBAGE. Putrescible animal and vegetable waste materials and/or residue from the handling, preparation, cooking or consumption of food, including waste materials from markets, storage facilities and the handling and sale of produce and other food products.

GENERATOR. As used in Article VII of this chapter, means a person whose act or process produces a liquid waste or first causes it to be regulated.

GOVERNING ENTITY. A lawful governmental entity that has the having jurisdiction over disposal of sewage, industrial wastes or other wastes and/or jurisdiction over indirect discharges to and discharges from such a treatment works.

GRAB SAMPLE. An individual sample which is collected without regard to the flow in the wastestream over a period of time not to exceed 15 minutes.

GRAY WATER. Wastewater from clothes- washing machines, showers, bathtubs, hand-washing lavatories and sinks that are not used for disposal of chemical or chemical-biological ingredients.

GREASE TRAP. An interceptor placed in a drainage system to separate and retain grease prior to it entering the sanitary sewer, and includes such interceptors in hotels and motels, restaurants and other food establishments, schools, commercial kitchens, slaughterhouses, meat packing plants, soap factories, fat rendering plants and similar facilities.

GRIT TRAP (SAND TRAP). An interceptor placed in a drainage system at maintenance and repair shops, automobile service stations, car washes, laundries and other similar facilities, to separate and retain undesirable matter and deleterious materials prior to it entering the sanitary sewer.

HARMFUL QUANTITY. The amount of any substance that will cause pollution of waters of the state, waters of the United States, or that will cause lethal or sub-lethal adverse effects on representative, sensitive aquatic monitoring organisms belonging to the city, upon their exposure to samples of any discharge into waters of the state, waters of the United States or the MS4.

HAZARDOUS SUBSTANCE.

(1) Means:

a. A substance designated under § 311(b)(2)(A) of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1321);

b. An element, compound, mixture, solution or substance designated under § 102 of CERCLA, as amended (42 U.S.C. §§ 9601 et seq.);

c. A hazardous waste having the characteristics identified under or listed under § 3001 of the Federal Solid Waste Disposal Act (42 U.S.C. § 6921), excluding waste, the regulation of which under the Federal Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.) has been suspended by an Act of Congress;

d. A toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act (33 U.S.C. § 1317);

e. A hazardous air pollutant listed under § 112 of the Federal Clean Air Act, as amended (42 U.S.C. § 7412); or

f. Any imminently hazardous chemical substance or mixture with respect to which the administrator of the EPA has taken action under § 7 of the Toxic Substances Control Act (15 U.S.C. § 2606).

(2) The term does not include:

a. Petroleum, which means crude oil or any fraction of crude oil that is not otherwise specifically listed or designated as a hazardous substance under subsection (1)a. through (1)f. above;

b. Natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel mixtures of natural gas and synthetic gas; or

c. Waste materials that result from activities associated with the exploration, development or production of oil or gas or geothermal resources or any other substance or material regulated by the Texas railroad commission under the Tex. Natural Resources Code, Chapter 91.

HAZARDOUS WASTE. Any solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the Federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), as amended.

HIGH HAZARD. The classification assigned to a cross-connection that could potentially allow a substance that may cause illness or death to a person to backflow into the potable water supply.

HOUSEHOLD GARBAGE AND RUBBISH. Garbage and rubbish generated by occupants of premises used exclusively for residential purposes.

HOUSEHOLD HAZARDOUS WASTE. Any solid waste generated in single-family and multifamily dwellings by a consumer, which except for the exclusion provided in 40 C.F.R. § 261.4(b)(1), would be classified as a hazardous waste under 40 C.F.R., Part 261.

HUMAN CONSUMPTION. Uses by humans in which water can be ingested into or absorbed by the human body. Examples of these include, but are not limited to, drinking, cooking, brushing teeth, bathing, washing hands, preparing foods and washing dishes, utensils, and other articles used in the preparation or consumption of food.

INCOMPATIBLE WASTES. Wastes which have different processing, storage or disposal requirements.

INDUSTRIAL SOLID WASTE. Solid waste resulting from or incidental to a process of industry or manufacturing, or mining or agricultural operations.

INDUSTRIAL WASTE. Any waterborne liquid or solid substance that results from any process of industry, manufacturing, mining, production, trade or business.

INFECTIOUS WASTE. Solid waste from health care, research and veterinary facilities that contains pathogens or biologically active material which, because of its type, concentration and quantity is capable of transmitting disease and which is comprised of any of the following:

(1) Animal waste (includes carcasses, body parts, bedding and whole bulk blood or other blood components of animals intentionally exposed to pathogens);

(2) Bulk blood and blood products (includes all waste bulk human blood, serum, plasma and other blood components);

(3) Microbiological waste (includes cultures and stocks of infectious agents and associated biologicals, cultures from laboratories, discarded vaccines, disposable culture dishes and disposable devices used to transfer, inoculate and mix cultures);

(4) Pathological wastes (includes, but is not limited to, human materials including body parts, tissues and/or fluids removed from a body, and anatomical remains); or

(5) Sharps (includes the following materials when contaminated: hypodermic needles and syringes with attached needles; scalpels and razor blades used for medical procedures; pasteur pipettes; and broken glass from laboratories).

INTERFERENCE. A discharge to the POTW, 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

(1) Causes a violation of the POTW’s TPDES permit; or

(2) Prevents sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: § 405 of the Act; the Solid Waste Disposal Act, 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 Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research and Sanctuaries Act.

KRAFT BAG. A biodegradable, multi-layer paper collection bag specifically designed for yard trimmings.

LAKE WORTH WATERSHED. Lake Worth and its tributaries located between Lake Worth Dam and a point 4.0 kilometers downstream from Eagle Mountain Dam.

LEAD-ACID BATTERY. A secondary or storage battery that uses lead as the electrode and acid as the electrolyte and is used to generate electrical current.

LIQUID WASTE. Water-borne solids, liquids and gaseous substances located in or removed from grease traps or grit traps, or septage located in or removed from septic tanks, cesspools, portable toilets, Type III marine sanitation devices or similar facilities. It does not include hazardous waste or Class 1 nonhazardous industrial solid waste.

LIQUID WASTE FACILITY. A grease trap, grit trap, septic tank, cesspool, portable toilet, Type III marine sanitation device or similar facility.

LOW HAZARD. The classification assigned to a cross-connection that could potentially allow a substance that may be objectionable but not hazardous to a person’s health to backflow into the potable water supply.

MAXIMUM DAILY AVERAGE. The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a daily composite sample.

MAXIMUM GRAB. The maximum concentration of a substance allowed in a discharge as determined from a laboratory test of a grab sample.

MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.

mg/l (MILLIGRAMS PER LITER). An expression of concentration as a weight-to-volume ratio; the milligram-per-liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.

MOBILE COMMERCIAL COSMETIC CLEANING. Power washing, steam cleaning and any other mobile cosmetic cleaning operation, of vehicles and/or exterior surfaces, engaged in for commercial purposes.

MONITORING WELL. An artificial excavation constructed to measure or monitor the quantity or movement of substances, elements, chemicals or fluids below the surface of the ground. The term shall not include any monitoring well which is used in conjunction with the production of oil, gas or any other minerals.

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.

MOTOR FUEL. A petroleum substance which is typically used for the operation of internal combustion engines (including stationary engines and engines used in transportation vehicles and marine vessels), and which is one of the following types of fuels: leaded or unleaded gasoline, aviation gasoline, Number 1 diesel fuel, Number 2 diesel fuel and any grades of gasohol.

MOTOR VEHICLE FLUID. Any vehicle crankcase oil, antifreeze, transmission fluid, brake fluid, differential lubricant, gasoline, diesel fuel, gasoline/alcohol blend and any other fluid used in a motor vehicle.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, human- made channels or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

MUNICIPAL SOLID WASTE. Solid waste resulting from or incidental to municipal, community, commercial, institutional or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and other solid waste other than industrial waste.

MUNICIPAL WASTE. Waterborne liquid, gaseous or solid substances that result from any discharge from a publicly owned sewer system, treatment facility or disposal system.

NEW SOURCE. As used in Article VI of this chapter, means:

(1) Any building, structure, facility or installation from which there is (or may be) a discharge of pollutants to the POTW, the construction of which commenced after the publication of proposed pretreatment standards under § 307(c) of the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.), 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; or

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 subsection (1)b. or (1)c. above but otherwise alters, replaces or adds to existing process or production equipment.

(3) Construction of a NEW SOURCE as defined under this definition has commenced if the owner or operator has:

a. Begun, or caused to begin, as part of a continuous on-site 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.

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-POINT SOURCE. Any source of any discharge of a pollutant that is not a “point source.”

NONRESIDENTIAL USE. Shall include all uses not specifically included in “residential use.”

NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER. An industrial user that discharges into the Village Creek, Water Reclamation Facility or the Trinity River Authority Central Regional Wastewater System, and who is subject to categorical pretreatment standards and meets the criteria, as determined solely by the director:

(1) Has consistently complied with all applicable categorical pretreatment standards and requirements;

(2) Annually submits the certification statement required in § 12.5-633(b) together with any additional information necessary to support the certification statement; and

(3) Never discharges any categorical process wastewater into the sanitary sewer (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the pretreatment standard).

NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS). A system (updated every five years) used by the federal government for collecting and organizing industry-related statistics.

NPDES PERMIT. A permit issued by EPA (or by the state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

OIL. Any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse and oil mixed with waste.

OPERATE. Drive, conduct, work, run, manage or control.

OTHER WASTE. As that term is used in the definition of pollutant in this section, means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, salt water or any other substance, other than sewage, industrial waste, municipal waste, recreational waste or agricultural waste.

OVERLOAD. The discharge of BOD/COD, solids or wastewater volume in excess of the POTW’s capacity.

PASS THROUGH. A discharge which exits the POTW into waters of the state or waters of the United States and which, alone or in conjunction with quantities or concentrations from other sources, cause a violation of any requirement of the POTW’s TPDES permit (including an increase in the magnitude or duration of a violation).

PAY BAG. A specially designated garbage bag purchased from the city prior to its use, for disposal of garbage and refuse and placed outside the cart.

PERSON. Any individual, partnership, copartnership, 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 and local governmental entities.

PETROLEUM SUBSTANCE. A crude oil or any refined or unrefined fraction or derivative of crude oil which is liquid at standard conditions of temperature and pressure. A PETROLEUM SUBSTANCE shall be limited to one or a combination of the substances or mixtures in the following list except for any listed substance regulated as a hazardous waste under RCRA:

(1) Basic petroleum substances - crude oils, crude oil fractions, petroleum feedstocks and petroleum fractions;

(2) Motor fuels;

(3) Aviation gasolines - Grade 80, Grade 100 and Grade 100-LL;

(4) Aviation jet fuels - Jet A, Jet A-1, Jet B, JP-4, JP-5 and JP-8;

(5) Distillate fuel oils - Number 1-D, Number 1, Number 2-D and Number 2;

(6) Residual fuel oils - Number 4-D, Number 4-light, Number 4, Number 5-light, Number 5-heavy and Number 6;

(7) Gas-turbine fuel oils - Grade 0-GT, Grade 1-GT, Grade 2-GT, Grade 3-GT and Grade 4-GT;

(8) Illuminating oils - Kerosene, mineral seal oil, long-time burning oils, 300 oil and mineral colza oil;

(9) Solvents - Stoddard solvent, petroleum spirits, mineral spirits, petroleum ether, varnish maker’s and painter’s napthas, petroleum extender oils and commercial hexane;

(10) Lubricants - Automotive and industrial lubricants;

(11) Building materials - Liquid asphalt and dust-laying oils;

(12) Insulating and waterproofing materials - Transformer oils and cable oils;

(13) Used oils; and

(14) Any other petroleum based material having physical and chemical properties similar to the previously listed materials and receiving approval by the executive director of the commission for designation as a petroleum substance.

pH. The logarithm to the base ten of the reciprocal of the concentration in grams per liter of hydrogen ions; a measure of the acidity or alkalinity of a solution, expressed in standard units.

PLUMBING CODE. The plumbing chapter of the city code.

PLUMBING HAZARD. An internal or plumbing-type cross-connection in a consumer’s potable water system than may be either a pollution or a contamination hazard.

POINT OF USE ISOLATION. The appropriate backflow prevention within a consumer’s water system at the point at which a cross-connection exists.

POINT SOURCE. Any discernable, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

POLLUTANT. Dredged spoil; solid waste; incinerator residue; filter backwash; sewage (including sewage from boats); garbage; sewage sludge; munitions; medical wastes; chemical wastes; biological materials; toxic materials; radioactive materials; heat; wrecked or discarded equipment; rock; sand; cellar dirt; industrial, municipal, recreational, agricultural and other waste; and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity or odor). It shall not mean sewage sludge, rock, sand, dredged spoil or cellar dirt when said material is used by the city for fill or reuse.

POLLUTED WATER. As used in Article V, Division 2 of this chapter, means water or liquid waste containing any of the following:

(1) Harmful quantities of free or emulsified grease or oil;

(2) Phenols or other substances producing taste or odor in receiving water;

(3) Harmful quantities of toxic or poisonous substances in suspension, colloidal state or solution;

(4) Noxious or otherwise obnoxious or odorous gases, liquids or solids;

(5) More than ten mg/l of total suspended solids (TSS), biochemical oxygen demand (BOD) or both;

(6) Color, either true or apparent, exceeding 50 units as measured by the Platinum-Cobalt Method;

(7) More than 500 mg/l of dissolved solids, or more than 250 mg/l of chlorides or more than 250 mg/l sulfates;

(8) A pH value of less than 6.0 or greater than 9.0; or

(9) Any water or wastewater not approved for discharge into the waters of the state by the commission or the EPA.

POLLUTION. The alteration of the physical, thermal, chemical or biological quality of, or the contamination of, any water of the state or water of the United States, that renders the water harmful, detrimental or injurious to humans, animal life, vegetation or property, or to the public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose.

POLLUTION HAZARD. As used in Article V, Division 3, means an actual or potential threat to the physical properties of the public water system or the potability of the public or a consumer’s potable water system but which would not constitute a health or system hazard. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.

POTABLE WATER SUPPLY. Any water supply intended or used for human consumption or other domestic use.

POTW (PUBLICLY OWNED TREATMENT WORKS). A treatment works, as defined by § 212 of the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended, (33 U.S.C. § 1292) as amended, owned by the city or governing entity, including any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes and other conveyances which convey wastewater to a treatment plant.

PREMISES ISOLATION. The appropriate backflow prevention at the service connection between the public water system and the water user.

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 allowed by an applicable pretreatment standard.

PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on a user of the POTW, other than a pretreatment standard.

PRETREATMENT STANDARDS or STANDARDS. Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with § 307(b) and (c) of the Federal Water Pollution Control Act, as amended by the Clean Water Act, as amended (33 U.S.C. §§ 1251 et seq.), which applies to industrial users of the POTW. It includes prohibitive discharge limits established pursuant to 40 C.F.R. Part 403.5, § 12.610(c) of the city code and categorical pretreatment standards and local limits.

PROCESS WASTEWATER. Water that comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, waste product or wastewater.

PUBLIC TRASH RECEPTACLE. Any can, box, tub or barrel placed on city right-of-way by the city, by a person at the city’s direction, or by a person through contract with the city, such receptacles being used for disposal of garbage or rubbish by the general public.

PUBLIC WATER SYSTEM. Any public or privately owned water system which supplies water for human consumption. The system includes all services, reservoirs, facilities and equipment used in the process of producing, treating, storing or conveying water for public consumption.

PUTRESCIBLE WASTE. Organic wastes, such as garbage, wastewater treatment plant sludge and grease trap waste, that is capable of being decomposed by microorganisms with sufficient rapidity as to cause odors or gases or is capable of providing food for or attracting birds, animals and disease vectors.

PVB. Pressure vacuum breaker.

RCRA. The Federal Resource Conservation and Recovery Act, 42 U.S.C.A. §§ 6901 et seq., as amended.

RECREATIONAL WASTE. Waterborne liquid, gaseous or solid substances emanate from any public or private park, beach or recreational area.

RECYCLABLES. Material that has been recovered or diverted from the nonhazardous solid waste stream for purposes of recycling a substantial portion of which is consistently used in the manufacture of products which may otherwise be produced using raw or virgin materials.

RECYCLING. A process by which materials that are scrapped, discarded, used, surplus or obsolete, are collected, separated or processed and returned to use in the form of raw materials in the production of new products.

RECYCLING FACILITY. A facility in which recyclables are collected or removed from the waste stream for transport off-site for recycling. It shall not include facilities within a residential, commercial or industrial premises for the collection of recyclables from solid waste generated on such premises.

REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY or REDUCED PRESSURE PRINCIPLE ASSEMBLY or RP ASSEMBLY or RP. An assembly containing two independently acting approved check valves together with a hydraulically-operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shut-off valves at the end of the assembly.

REGULATED ASBESTOS-CONTAINING MATERIAL (RACM). Has the meaning set forth in 40 C.F.R. § 61.141.

REGULATED SUBSTANCE. As used in Article I, Division 4 of this chapter, means an element, compound, mixture, solution or substance that, when released into the environment, may present substantial danger to the public health, welfare or the environment. A REGULATED SUBSTANCE shall be limited to any petroleum substance, hazardous substance, hazardous waste, and any mixture of two or more hazardous substances, and/or petroleum substances, and/or hazardous waste.

RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into groundwater, subsurface soils, surface soils, the municipal separate storm sewer system (MS4), the water of the state, the waters of the United States.

REPRESENTATIVE SAMPLE. A sample representative of the daily operations of a user of the POTW. It may be obtained using 24-hour composite sampling, either on a time proportional or a flow proportional basis. Grab samples may be used if the user demonstrates that this will provide a representative sample of the effluent discharged.

RESIDENTIAL USE. Single-family dwellings, duplexes, multiplex housing and apartments where the individual units are each on a separate meter; or, in cases where two or more units are served by one meter, the units are full-time dwellings.

ROADWAY. That portion of city right-of-way designed for vehicular travel, exclusive of the shoulder.

RP. Reduced pressure principle backflow prevention assembly.

RUBBISH. Nonputrescible solid waste, excluding ashes, that consists of:

(1) Combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves and similar materials; or

(2) Noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture and similar materials that do not burn at ordinary incinerator temperatures (1600°F to 1800°F).

SANITARY SEWER or SEWER. The system of pipes, conduits and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities and institutions, whether treated or untreated, to the POTW (and to which stormwater, surface water and groundwater are not intentionally admitted).

SCRAP TIRE. A tire that can no longer be used for its original intended purpose.

SEPTAGE. Either liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar sewage treatment system.

SERVICE CONNECTION. The point of delivery of water to a customer at which the water purveyor loses control of the water.

SERVICE UNIT. A dwelling unit and all occupants that currently set out their household solid waste for collection by the city.

SEVERE PROPERTY DAMAGE. As used in Article VI of this chapter, means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the event of a bypass. SEVERE PROPERTY DAMAGE does not mean economic loss caused by delays in production.

SIGNIFICANT CHANGE. As used in Article VI of this chapter, means an increase or decrease in the volume of wastewater discharged by 20% or greater from the data submitted in the permit application, or the deletion or addition of any pollutant regulated by this article or a permit issued pursuant to this article. Volumes shall be measured by the water service meter, a verifiable estimate or a permanently installed effluent flow meter approved by the director.

SIGNIFICANT INDUSTRIAL USER (SIU).

(1) Except as provided in subsection (2) of this definition, SIGNIFICANT INDUSTRIAL USERS means:

a. All industrial users subject to categorical pretreatment standards under 40 C.F.R. § 403.6 and 40 C.F.R. Chapter I, Subchapter N; and

b. Any other industrial user that discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blow-down wastewater); contributes a process wastestream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the director 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 requirement (in accordance with 40 C.F.R. § 403.8(f)(6)).

(2) Upon a finding by the director that an industrial user who meets the definition of non-significant categorical industrial user but has no reasonable potential for adversely affecting the POTW’s operation by violating any pretreatment standard or requirement, the director may at any time, on his or her own initiative or in response to a petition received from an industrial user, and in accordance with 40 C.F.R. § 403.8(f)(6), determine that such industrial user is not a significant industrial user.

SITE OPERATING PLAN. As used in Article VIII of this chapter, means a document which provides guidance to city solid waste facility management and operating personnel in sufficient detail to enable them to conduct day-to-day operations throughout the life of the site in a manner consistent with the site development plan and the regulations established by the commission.

SLUG LOAD or SLUG DISCHARGE.

(1) Any discharge at a flow rate or concentration, which could cause a violation of the discharge standards prescribed by law;

(2) Any discharge of a non-routine, 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

(3) Any discharge which or in any other way violates the POTW’s regulations, local limits or permit conditions.

SMALL BUNDLED BRUSH. Brush that is cut, bundled and tied, with no limbs exceeding four inches in diameter, and four feet in length and such bundle not exceeding 40 pounds, but not including bulky waste items.

SOLID WASTE. Any garbage, rubbish, recyclables, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and other discarded material including solid, liquid, semi-solid or contained gaseous material resulting from industrial, municipal, commercial, mining and agricultural operations, and from community and institutional activities, but does not include:

(1) Solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued pursuant to the Tex. Water Code Chapter 26;

(2) Soil, dirt, rock, sand and other natural or human-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or

(3) Waste materials which result from activities associated with the exploration, development or production of oil and gas and are subject to control by the railroad commission of Texas.

SPECIAL WASTE. Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, processed or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. SPECIAL WASTES are:

(1) Hazardous wastes;

(2) Class 1 nonhazardous industrial solid wastes;

(3) Infectious wastes;

(4) Municipal wastewater treatment plant sludges, other type domestic sewage treatment plant sludges and water-supply treatment plant sludges;

(5) Septic tank pumpings;

(6) Grease and grit trap wastes;

(7) Wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 C.F.R., Part 261, Appendix VIII, but has not been listed as a commercial chemical product in 40 C.F.R. § 261.33(e) or (f);

(8) Slaughterhouse wastes;

(9) Dead animals;

(10) Drugs, contaminated foods or contaminated beverages other than those contained in normal household waste;

(11) Pesticide (insecticide, herbicide, fungicide or rodenticide) containers;

(12) Discarded materials containing asbestos;

(13) Incinerator ash;

(14) Soil contaminated by petroleum products, crude oils or chemicals;

(15) Used oil;

(16) Light ballasts and/or small capacitors containing polychlorinated biphenyl (PCB) compounds;

(17) Waste from oil, gas and geothermal activities subject to regulation by the Texas railroad commission when those wastes are to be processed, treated or disposed of at a solid waste management facility permitted under Tex. Administrative Code Title 30, Chapter 330;

(18) Waste generated outside the boundaries of Texas that contains any industrial waste; any waste associated with oil, gas and geothermal exploration, production or development activities; or any special waste;

(19) Any waste stream other than household or commercial garbage, refuse or rubbish;

(20) Lead-acid storage batteries;

(21) Used oil filters from internal combustion engines;

(22) Liquids;

(23) Automobile bodies and parts;

(24) Wastes in drums;

(25) Household hazardous wastes as follows: explosives, paints, solvents, pesticides and household chemical products; and

(26) Used or scrap tires.

SOURCE. As used in Article II of this chapter, means a point of origin of air contaminants, whether privately or publicly owned or operated.

STANDARD INDUSTRIAL CLASSIFICATION CODE (SIC). A four-digit number used by the Bureau of Census as part of a system to categorize and track the types of business activities conducted in the United States. The first two digits of the code represent the major industry group and the second two digits represent the specific subset of that group.

STATE. The State of Texas.

STORMWATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snow melt.

SYSTEM HAZARD. An actual or potential threat of severe danger to the physical properties of the public or a consumer’s potable water supply, or an actual or potential threat of pollution or contamination that would have a detrimental effect on the quality of the potable water in the system.

TAC. The Texas Administrative Code.

TESTER. As used in Article V, Division 3, of this chapter, means a person that is a certified backflow prevention assembly technician approved by and registered with the director of the department of water.

THERMAL EXPANSION. Heated water that does not have the space to expand.

TPDES PERMIT. A permit issued by the state under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area-wide basis.

TRANSFER STATION. A fixed facility used for transferring solid waste from collection vehicles to long-haul vehicles.

TRANSPORT. As used in Article VII of this chapter, means to carry liquid waste by vehicle from one place to another, or to cause such to be done.

TRANSPORTER. As used in Article VII of this chapter, means a person who collects or transports liquid waste, or causes such to be done.

TREATMENT FACILITY. Any plant, disposal field, lagoon, incinerator, area devoted to sanitary landfills or other facility installed for the purpose of treating, neutralizing or stabilizing waste.

TREATMENT PLANT. See WASTEWATER TREATMENT PLANT.

TSS (TOTAL SUSPENDED SOLIDS). Solids that either float on the surface or, are in suspension in, water, wastewater or other liquids, and which are generally removable by a laboratory filtration device. TSS is expressed in milligrams per liter.

UNACCEPTABLE COMMERCIAL PILE. Any commercial pile that is not an acceptable commercial pile.

UNCONTAMINATED. Not containing a harmful quantity of any substance.

UNDERGROUND STORAGE TANK. Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground.

U.S.C. The United States Code.

USED OIL or USED MOTOR OIL. Any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.

USED TIRE. Any tire that has been mounted upon a wheel and utilized for any period of time, or any tire that cannot be legally described as new.

USED WATER. Water supplied by a public water system to a water user’s system after it has passed through the service connection.

VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway.

VIOLATION BAG TAG. A tag placed on bags or boxes that are outside a garbage or recycling cart and placed there by the city to indicate to the service unit that a violation of Chapter 12.5 has occurred and that a service charged shall be applied to that service unit’s water bill.

WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of domestic sewage and industrial waste.

WATERS OF THE STATE. Any groundwater, streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through or border upon the state or any portion thereof.

WATERS OF THE UNITED STATES. All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of WATERS OF THE UNITED STATES at 40 C.F.R. § 122.2; but not including any waste treatment systems, treatment ponds or lagoons designed to meet the requirements of the Federal Clean Water Act.

WETLAND. An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs and similar areas.

WHOLESALE CUSTOMER. A utility customer of the city which is a municipality, town, village or other governmental entity, or a private firm contracting with a governmental entity for the provision of water and/or wastewater treatment service.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 14699, § 1, passed 7-17-2001; Ord. 15463, §§ 1, 2, passed 2-25-2003; Ord. 15496, §§ 1, 2, passed 3-25-2003; Ord. 16189, §§ 1, 2, passed 10-26-2004; Ord. 17074, § 1, passed 7-25-2006; Ord. 20043-01-2012, § 1, passed 1-10-2012; Ord. 27308-11-2024, § 1, passed 11-19-2024, eff. 11-29-2024)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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