§ 12.5-656 REPORTS OF ACCIDENTAL DISCHARGES.

   (a)   In the case of any discharge, including upset, accidental discharges, discharges of a nonroutine, episodic nature, a nonroutine batch discharge or a slug load, that may cause potential problems for the POTW, the user shall immediately telephone and notify the director of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user.

   (b)   Within five days following such discharge, the user shall, unless waived by the director, submit to the director a detailed written report which specifies:

      (1)   A description and cause of the discharge, including location of the discharge, type, concentration and volume of water;

      (2)   Duration of noncompliance including exact dates and times of noncompliance and, if the noncompliance is continuing, an immediate response to cause the noncompliant discharge to cease; and

      (3)   All steps taken or to be taken to reduce, eliminate and prevent continuation or recurrence of such an upset, slug load or accidental discharge, spill or other conditions of noncompliance.

   (c)   Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties or other liability which may be imposed pursuant to this ordinance.

   (d)   A notice shall be permanently posted on the user’s bulletin board or other prominent place advising employees whom to call in the event of a discharge described in subsection (a) above. Employers shall ensure that all employees, who may cause such a discharge to occur, are advised of the emergency notification procedure.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-657 REPORTS FROM NON-PERMITTED USERS.

   All users not required to obtain a wastewater discharge permit shall provide appropriate reports to the director as the director may require.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-658 NOTIFICATION OF VIOLATION BASED ON SELF-MONITORING.

   If a user’s monitoring and wastewater analysis indicates that a violation has occurred, the user shall:

   (a)   Inform the director within 24 hours of becoming aware of the violation; and

   (b)   Within ten days submit to the director a report which identifies:

      (1)   The time, date, location, processes, and operations associated with the violation, and the personnel assigned responsibility and/or present during the violation;

      (2)   The cause or probable cause of the noncompliance; and

      (3)   The actions taken and implemented to meet permit conditions.

   (c)   Repeat the sampling and pollutant analysis and submit to the director a written report of the results of this second analysis within 30 days after becoming aware of the violation. The use is not required to resample if the director monitors at the user’s facility at least once a month, or if the director samples between the user’s initial sampling and when the user receives the results of this sampling.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012; Ord. 24839-05-2021, § 1, passed 5-18-2021, eff. 5-27-2021)

§ 12.5-659 NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.

   (a)   Pursuant to 40 C.F.R. § 403.12(p), any user who commences the discharge of hazardous waste shall notify the director, the EPA Region VI waste management division director, and the TCEQ, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be a hazardous waste under 40 C.F.R. Part 261.

      (1)   Such notification shall include the name of the hazardous waste as set forth in 40 C.F.R. Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).

      (2)   If the user discharges more than 100 kilograms of such waste per calendar month to the POTW, the notification also shall contain the following information to the extent such information is known and readily available to the user: an identification of the hazardous constituents contained in the wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be discharged during the following 12 months.

      (3)   All notifications shall take place no later than 180 days after the discharge commences. Any notification under this subsection (a) need be submitted only once for each hazardous waste discharged. However, notifications of changed conditions shall be submitted under § 12.5-655 of this article. The notification requirement in this section does not apply to pollutants already reported by users subject to categorical pretreatment standards under the self-monitoring requirements of §§ 12.5-651, 12.5-652 and 12.5-653 of this article.

   (b)   Dischargers are exempt from the requirements of subsection (a) above during a calendar month in which they discharge no more than 15 kilograms of hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 C.F.R. §§ 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months during which the user discharges more than such quantities of any hazardous waste do not require additional notification.

   (c)   In the case of any new regulations under § 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the user shall notify the director, the EPA Region VI waste management division director, and the TCEQ of the discharge of such substance within 90 days of the effective date of such regulations.

   (d)   In the case of any notification made under this section, the user shall certify that it has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical.

   (e)   This provision does not create a right to discharge any substance not otherwise permitted to be discharged by this article, a permit issued thereunder, or any applicable federal or state law.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 13, passed 3-25-2003)

§ 12.5-660 ANALYTICAL REQUIREMENTS.

   All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 C.F.R. Part 136 and amendments thereto, unless otherwise specified in an applicable categorical pretreatment standard. If 40 C.F.R. Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that 40 C.F.R. Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city in accordance with procedures approved by EPA or TCEQ.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 14, passed 3-25-2003; Ord. 20043-01-2012, § 11, passed 1-10-2012)

§ 12.5-661 SAMPLE COLLECTION.

   (a)   Except as indicated in subsection (b) and (c) below, the user shall collect wastewater samples using 24 hour flow proportional composite collection techniques. In the event flow proportional sampling is not feasible, the director may authorize the use of time proportional sampling or a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. Using protocols (including appropriate preservation) specified in 40 C.F.R. Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-hour period may be composited prior to the analysis as follows: for cyanide, total phenols and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the city, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits.

   (b)   Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides and volatile organic compounds shall be obtained using grab collection techniques.

   (c)   For sampling required in support of baseline monitoring and 90-day compliance reports required in §§ 12.5-651 and 12.5-653 and 40 C.F.R. §§ 403.12(b) and (d), a minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds for facilities for which historical sampling data do not exist; for facilities for which historical sampling data are available, the city superintendent may authorize a lower minimum. For the reports required by §§ 12.5-654 and 12.5-654.1 and 40 C.F.R. §§ 403.12(e) and 403.12(h), the industrial user is required to collect the number of grab samples necessary to assess and assure compliance by with applicable pretreatment standards and requirements.

   (d)   TTOs shall be sampled for as stipulated in each specific federal category. The director may also sample any non-categorical user for TTOs and/or any other parameters reasonably suspected to be present.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 20043-01-2012, § 11, passed 1-10-2012)

§ 12.5-662 DATE REPORTS DEEMED RECEIVED.

   Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail receptacle serviced by the United States postal service, the date of receipt of the report shall govern.

(Ord. 12274, § 1, passed 11-28-1995)