(A) Purpose and policy.
(1) These regulations set forth uniform requirements for users of the Publicly Owned Treatment Works for the city and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). The objectives of these regulations are:
(a) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will interfere with its operation;
(b) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will pass through the Publicly Owned Treatment Works, inadequately treated, into receiving waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
(c) To protect both Publicly Owned Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the Publicly Owned Treatment Works;
(e) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Publicly Owned Treatment Works; and
(f) To enable the control authority to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other federal or state laws to which the Publicly Owned Treatment Works is subject.
(2) These regulations shall apply to all users of the Publicly Owned Treatment Works. This subchapter authorizes the issuance of wastewater discharge permits; provides for monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user reporting; and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
(B) Administration. Except as otherwise provided herein, the Pretreatment Coordinator shall administer, implement, and enforce the provisions of these regulations. Any powers granted to or duties imposed upon the Pretreatment Coordinator may be delegated by the Director of Utility Operations to other city personnel.
(C) Abbreviations. The following abbreviations, when used in this subchapter, shall have the designated meanings:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
CRWS - Central Regional Wastewater System
EPA - U.S. Environmental Protection Agency
gpd - gallons per day
MCRWS - Mountain Creek Regional Wastewater System
mg/l - milligrams per liter
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
RCRA - Resource Conservation and Recovery Act
SIC - Standard Industrial Classification
SIU - Significant Industrial User
TCEQ - Texas Commission on Environmental Quality
TPDES - Texas Pollutant Discharge Elimination System
TRA - Trinity River Authority
TSS - Total Suspended Solids
TTO - Total Toxic Organics
U.S.C. - United States Code
(D) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) ACT or “THE ACT.” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
(2) APPROVAL AUTHORITY. The Regional Administrator of EPA or the Director of a state agency delegated to act on EPA’s behalf with an approved pretreatment program (e.g., Director of TCEQ).
(3) AUTHORIZED REPRESENTATIVE OF THE USER.
(a) If the user is a corporation:
1. 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
2. The manager of one or more manufacturing, production, or operation facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.
(c) 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.
(d) The individuals described in subsections (1) through (3), above, may designate another authorized representative. If it is in writing, the authorization 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 the written authorization is submitted to the City of Mansfield Pretreatment Coordinator.
(4) BIOCHEMICAL OXYGEN DEMAND OR BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five days at 20° centigrade, usually expressed as a concentration (e.g., mg/l).
(5) CATEGORICAL PRETREATMENT STANDARD OR CATEGORICAL STANDARD. Any regulation containing pollutant discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. § 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471.
(6) CITY. The City of Mansfield or the City Council of Mansfield, Contracting Party of the Trinity River Authority’s Central Regional Wastewater System and the Trinity River Authority’s Mountain Creek Regional Wastewater System.
(7) COMPOSITE SAMPLE. A sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a TIME COMPOSITE SAMPLE: composed of discrete sample aliquots collected at constant time intervals providing a sample irrespective of stream flow; or as a FLOW PROPORTIONAL COMPOSITE SAMPLE: collected either as a constant sample volume at time intervals proportional to flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots.
(8) CONTROL AUTHORITY. Trinity River Authority of Texas as holder of the NPDES permit.
(9) ENVIRONMENTAL PROTECTION AGENCY OR EPA. The U.S. Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director, or other duly authorized official of said agency.
(10) EXISTING SOURCE. Any source of discharge, 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 Section 307 of the Act.
(11) GRAB SAMPLE. A sample that is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed 15 minutes.
(12) INDIRECT DISCHARGE or DISCHARGE. The introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.
(13) INDUSTRIAL USER. An industry that discharges wastewater into the wastewater system.
(14) INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT. The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
(15) INTERFERENCE. A discharge, 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 therefore, is a cause of a violation of the Control Authority’s NPDES permit or of the prevention of 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: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); 40 CFR 503 sludge regulations; any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
(16) 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.
(17) NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM). National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency, and/or the permit program of the state agency delegated to act on EPA’s behalf with an approved pretreatment program (e.g., TPDES or Texas Pollutant Discharge Elimination System).
(18) NEW SOURCE.
(a) Any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
1. The building, structure, facility, or installation is constructed at a site at which no other source is located;
2. The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or
3. 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.
(b) 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 (18)(a)2. or 3. above, but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source, as defined under this paragraph, has commenced if the owner or operator has:
1. Begun, or caused to begin, as part of a continuous onsite construction program:
a. Any placement, assembly, or installation of facilities or equipment; or
b. 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; or
2. 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 subsection.
(19) NON-CONTACT COOLING WATER. Water used for cooling, which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
(20) NORMAL WASTEWATER. Wastewater which the average concentration of suspended solids and five-day BOD does not exceed 250 mg/l each.
(21) PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Control Authority’s NPDES permit, including an increase in the magnitude or duration of a violation.
(22) PERSON. Any individual, partnership, co-partnership, 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.
(23) pH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
(24) POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
(25) 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.
(26) PRETREATMENT COORDINATOR. The person designated by the city who is charged with certain duties and responsibilities by this subchapter, or a duly authorized representative.
(27) PRETREATMENT REQUIREMENT. Any substantive or procedural requirement related to pretreatment imposed on a user, other than a pretreatment standard.
(28) PRETREATMENT STANDARDS or STANDARDS. Prohibited discharge standards, categorical pretreatment standards, and local limits.
(29) PROHIBITED DISCHARGE STANDARDS or PROHIBITED DISCHARGES. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 51.011.
(30) PUBLICLY OWNED TREATMENT WORKS or POTW. A “treatment works,” as defined by Section 212 of the Act (33 U.S.C. § 1292), which is owned by the city and/or the Control Authority. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any conveyances, which convey wastewater to a treatment plant.
(31) SEPTIC TANK WASTE. Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
(32) SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.).
(33) SHALL is mandatory; MAY is permissive.
(34) SIGNIFICANT INDUSTRIAL USER.
(a) A user subject to categorical pretreatment standards; or
(b) A user that:
1. Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler-blowdown wastewater);
2. 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
3. Is designated as such by the city on the basis that it has a reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement.
(c) Upon a finding that a user meeting the criteria in subsection (b) has no reasonable potential for adversely affecting the POTW’s operation or for violating any pretreatment standard or requirement, the city may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
(35) SLUG LOAD or SLUG. Any discharge at a flow rate or concentration, which could cause a violation of the prohibited discharge standards in § 51.011(A).
(36) STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE. A classification pursuant to the Standard Industrial Classification Manual issued by the United States Office of Management and Budget.
(37) STORM WATER. Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
(38) SUSPENDED SOLIDS. The total suspended matter that floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable by laboratory filtering.
(39) TOTAL TOXIC ORGANICS. The sum of the masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in industrial users’ discharge at a concentration greater than 0.01 mg/l. Only those parameters reasonably suspected to be present, at the discretion of the Pretreatment Coordinator, if any, shall be analyzed for with noncategorical industries. With categorical industries, TTOs will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, at the discretion of the Pretreatment Coordinator, where not stipulated.
(40) USER or INDUSTRIAL USER. A source of indirect discharge.
(41) WASTEWATER. Liquid and water-carried industrial wastes and sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW.
(42) WASTEWATER TREATMENT PLANT or TREATMENT PLANT. That portion of the POTW, which is designed to provide treatment of municipal sewage and industrial waste.
(Ord. 1424, passed 4-28-03; Am. Ord. OR-2047-17, passed 4-24-17)