(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVING AUTHORITY. The City Manager or his or her duly authorized representative.
B.O.D. (BIOCHEMICAL OXYGEN DEMAND). The quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20°C.
BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection).
CITY. The City of Pleasanton, or any authorized person acting in its behalf.
C.O.D. (CHEMICAL OXYGEN DEMAND). The measure of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
CONTROL MANHOLE. A manhole giving access to a building sewer at some point before the building sewer discharge mixes with other discharges in the public sewer.
CONTROL POINT. The point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
GARBAGE. The animal and vegetable wastes and residue from preparation, cooking and dispensing of food; and from the handling, processing, storage and sale of food products and produce.
INDUSTRIAL WASTE. The waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
INDUSTRIAL WASTE CHARGE. The charge made on those persons who discharge industrial wastes into the city's sewerage system.
MILLIGRAMS PER LITER (MG/L). The same as parts per million and is 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.
NATURAL OUTLET. Any outlet into a watercourse, ditch, lake or other body of surface water or ground water.
NORMAL DOMESTIC WASTEWATER. The wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 mg/l and B.O.D. is not more than 250 mg/l.
OVERLOAD. The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
PERSON. Any individual, including any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.
pH. The logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
PUBLIC SEWER. The pipe or conduit-carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City of Pleasanton, Texas.
SANITARY SEWER. A public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which storm water, surface water, ground water and other unpolluted wastes are not intentionally passed.
SLUG. Any discharge of water, wastewater or industrial waste which in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than 15 minutes, more than five times the average 24-hour concentration of flows during normal operation.
STANDARD METHODS. The examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.
STORM SEWER. A public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
STORM WATER. Rainfall or any other forms of precipitation.
SUPERINTENDENT. The Water and Wastewater Superintendent of the City of Pleasanton, Texas, or his or her duly authorized deputy, agent or representative.
SUSPENDED SOLIDS (SS). Solids measured in mg/l that either float on the surface of, or are in suspension in, water, wastewater or other liquids, and which are largely removable by a laboratory filtration device.
TO DISCHARGE. Includes to deposit, conduct, drain, emit, throw, run, allow, to seep or otherwise release or dispose of, or to allow, permit or suffer any of these acts or omissions.
TRAP. A device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes, or other harmful substances.
UNPOLLUTED WASTEWATER. Water containing:
(a) No free or emulsified grease or oil;
(b) No acids or alkalies;
(c) No phenols or other substances producing waste or odor in receiving water;
(d) No toxic or poisonous substances in suspension, colloidal state or solution;
(e) No noxious or otherwise obnoxious or odorous gas;
(f) Not more than a significant amount in mg/l each of suspended solids or B.O.D., as determined by the Texas Water Commission; and
(g) Color not exceeding 50 units as measured by the Platinum-Cobalt Method of determination as specified in Standard Methods.
WASTE. The rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
WASTEWATER. A combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present.
WASTEWATER FACILITIES. Includes all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes.
WASTEWATER SEWER CHARGE. The charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wastewater.
WASTEWATER TREATMENT PLANT. Any city-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers.
WATERCOURSE. A natural or human-made channel in which a flow of water occurs, either continuously or intermittently.
(B) Prohibited discharges.
(1) No person may discharge to public sewers any waste which by itelf or by interaction with other wastes may:
(a) Injure or interfere with wastewater treatment processes or facilities;
(b) Constitute a hazard to humans or animals; or
(c) Create a hazard in receiving waters of the wastewater treatment plant effluent.
(2) All discharges shall conform to requirements of this section.
(C) Chemical discharges.
(1) No discharge to public sewers may contain:
(a) Cyanide greater than 1.0 mg/l;
(b) Fluoride other than that contained in the public water supply;
(c) Chlorides in concentrations greater than 250 mg/l;
(d) Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; or
(e) Substances causing an excessive chemical oxygen demand (C.O.D.).
(2) No waste or wastewater discharged to public waters may contain:
(a) Strong acid, iron pickling waste or concentrated plating solutions whether neutralized or not;
(b) Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150°F (0° and 65°C);
(c) Objectionable or toxic substances, exerting an excessive chlorine requirement, to the degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for the materials; or
(d) Obnoxious, toxic or poisonous solids, liquids or gases in quantities sufficient to violate the provisions of division (B)(1) above.
(3) No waste, wastewater or other substance may be discharged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment and/or personnel at the wastewater facilities.
(4) All waste, wastewater or other substances containing phenols, hydrogen sulfide or other taste and odor-producing substances, shall conform to concentration limits established by the approving authority. After treatment of the composite wastewater, concentration limits may not exceed the requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters.
(D) Hazardous metals and toxic materials.
(1) No discharges may contain concentrations of hazardous metals other than amounts specified in division (D)(2) below.
(2) The allowable concentrations of hazardous metals, in terms of mg/l, for discharge to inland waters, and determined on the basis of individual sampling in accordance with Standard Methods are not to exceed:
Metal | Average | Daily Composite | Grab Sample |
Metal | Average | Daily Composite | Grab Sample |
Arsenic | 0 | 0.2 | 0.3 |
Barium | 1.0 | 2.0 | 4.0 |
Cadmium | 0.05 | 0.1 | 0.2 |
Chromium | 0.5 | 1.0 | 5.0 |
Copper | 0.5 | 1.0 | 2.0 |
Lead | 0.5 | 1.0 | 1.5 |
Manganese | 1.0 | 2.0 | 3.0 |
Mercury | 0.005 | 0.005 | 0.01 |
Nickel | 1.0 | 2.0 | 3.0 |
Selenium | 0.05 | 0.1 | 0.2 |
Silver | 0.05 | 0.1 | 0.2 |
Zinc | 1.0 | 2.0 | 6.0 |
(3) No other hazardous metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions.
(4) Prohibited hazardous materials include, but are not limited to:
(a) Antimony;
(b) Rhenium;
(c) Beryllium;
(d) Strontium;
(e) Bismuth;
(f) Tellerium;
(g) Cobalt;
(h) Herbicides;
(i) Molybdenum;
(j) Fungicides;
(k) Uranyl ion; and
(l) Pesticides.
(E) Particulate size.
(1) No person may discharge garbage or other solids into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half-inch in any dimensions are prohibited.
(2) The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-quarter horsepower (0.76 hp metric) or greater.
(F) Storm water and other unpolluted drainage.
(1) No person may discharge to public sanitary sewers:
(a) Unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage;
(b) Unpolluted cooling water;
(c) Unpolluted industrial process waters; or
(d) Other unpolluted drainage; or make any new connections from inflow sources.
(2) In compliance with the Texas Water Quality Act, being Tex. Water Code, Ch. 26, and other statutes, the approving authority may designate storm sewers and other watercourses into which unpolluted drainage described in division(F)(1) above may be discharged.
(G) Temperature. No person may discharge liquid or vapor having a temperature higher than 150°F (65°C), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of 10°F or more per hour, or a combined total increase of plant influent to 110°F.
(H) Radioactive wastes.
(1) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the approving authority.
(2) The approving authority may establish, in compliance with applicable state and federal regulations, regulations for discharge of radioactive wastes into public sewers.
(I) Impairment of facilities.
(1) No person may discharge into public sewers any substance capable of causing:
(a) Obstruction to the flow in sewers;
(b) Interference with the operation of treatment processes of facilities; or
(c) Excessive loading of treatment facilities.
(2) Discharges prohibited by division (I)(1) above include, but are not limited to, materials which exert or cause concentrations of:
(a) Inert suspended solids greater than 250 mg/l, including but not limited to:
1. Fuller's earth;
2. Lime slurries; and
3. Lime residues.
(b) Dissolved solids greater than 1,000 mg/l, including but not limited to: sodium chloride; and sodium sulfate;
(c) Excessive discoloration, including but not limited to:
1. Dye wastes; and
2. Vegetable tanning solutions.
(d) B.O.D., C.O.D. or chlorine demand in excess of normal plant capacity.
(3) No person may discharge into public sewers any substance that may:
(a) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers;
(b) Overload skimming and grease handling equipment;
(c) Pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action; or
(d) Deleteriously affect the treatment process due to excessive quantities.
(4) No person may discharge any substance into public sewers which:
(a) Is not amenable to treatment or reduction by the processes and facilities employed; or
(b) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(5) The approving authority shall regulate the flow and concentration of slugs when they may:
(a) Impair the treatment process;
(b) Cause damage to collection facilities;
(c) Incur treatment costs exceeding those for normal wastewater; or
(d) Render the effluent unfit for stream disposal or industrial use.
(6) No person may discharge into public sewers solid or viscous substances which may violate division (I)(1) above if present in sufficient quantity or size, including but not limited to:
(a) Ashes;
(b) Wood;
(c) Cinders;
(d) Unground garbage;
(e) Sand;
(f) Whole blood;
(g) Mud;
(h) Paunch manure;
(i) Straw;
(j) Hair and fleshings;
(k) Shavings;
(l) Entrails;
(m) Metal;
(n) Paper products, either whole or ground by garbage grinders;
(o) Glass;
(p) Rags;
(q) Feathers;
(r) Tar;
(s) Slops;
(t) Plastics;
(u) Chemical residues;
(v) Bulk solids; and
(w) Paint residues.
(J) Compliance with existing authority.
(1) Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging:
(a) Wastewater;
(b) Industrial waste; and
(c) Polluted liquids.
(2) Unless authorized by the Texas Water Commission, no person may deposit or discharge any waste included in division (J)(1) above on public or private property or into or adjacent to any:
(a) Natural outlet;
(b) Watercourse;
(c) Storm sewer; or
(d) Other area within the jurisdiction of the city.
(3) The approving authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state and local governments.
(K) Approving authority requirements.
(1) (a) If discharges or proposed discharges to public sewers may:
1. Deleteriously affect wastewater facilities, processes, equipment or receiving waters;
2. Create a hazard to life or health; or
3. Create a public nuisance;
(b) The approving authority shall require:
1. Pretreatment to an acceptable condition for discharge to the public sewers;
2. Control over the quantities and rates of discharge; and
3. Payment to cover the cost of handling and treating the wastes.
(2) The approving authority is entitled to determine whether a discharge or proposed discharge is included under division (1) above.
(3) The approving authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of division (1) above.
(L) Approving authority review and approval.
(1) If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.
(2) The design and installation of equipment and processes must conform to all applicable statutes, codes, ordinances and other laws.
(3) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall provide and maintain the facilities in effective operating condition at his or her own expense.
(M) Traps.
(1) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIOCHEMICAL OXYGEN DEMAND ("BOD"). The quantity of oxygen utilized in the biochemical oxidation of organic matter under the standard laboratory procedures for five days at 20°C, usually expressed as a concentration of milligrams per liter ("mg/l").
COMMERCIAL GREASE GENERATOR. Every food preparation and food services establishment including, but not limited to, bakeries, bars, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, hotels, restaurants, schools or similar places where meat, poultry, seafood, dairy products or fried foods are prepared or served, but shall not apply to any residence not used for the commercial preparation or sale of food items.
COMMERCIAL/INDUSTRIAL GRIT GENERATOR. Every commercial or industrial generator of liquid waste containing petroleum based oil and grease wastes, and/or inorganic solids including, but not limited to, automotive or heavy machinery repair and/or washing facilities.
DIRECTOR. The Director of the Wastewater Treatment Plant of the City of Pleasanton or his or her authorized representative, which may include a person from any city department.
FAT, OIL AND GREASE (FOG). A semi-solid viscous liquid organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 C.F.R. pt. 136, as may be amended.
GENERATOR. A person who causes, creates, generates, stores or otherwise produces liquid waste or owns property upon which liquid waste is caused, created, generated, stored or produced including, but not limit to, grease trap waste as a by-product of a domestic or non-domestic activity other than merely as a result of mere residence at a non-business location.
GREASE or GRIT GENERATOR. A commercial grease generator or a commercial/industrial grit generator as defined herein.
GREASE TRAP. A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of organic, inorganic, greasy or fatty liquid, semi-liquid and/or solid wastes into both public and private sanitary sewers to which the receptacle is directly or indirectly connected.
GREASE TRAP WASTE. Any organic, inorganic, greasy or fatty liquid, semi-liquid and/or solid waste collected by and ultimately removed from a grease trap for proper disposal.
GRIT TRAP. A receptacle utilized by commercial and industrial generators of liquid waste to intercept, collect and restrict the passage of petroleum-based oil and grease waste and inorganic or other solids into public and private sanitary sewers to which the receptacle is directly or indirectly connected.
GRIT TRAP WASTE. Oil and grease wastes and inorganic solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities that are collected by and ultimately removed from a grit trap for disposal.
LIQUID WASTE. Water-borne solids and liquids containing dissolved or suspended waste material including, but not limited to, septic waste and wastes from grease traps and grit traps.
MANIFEST. The written, multi-part documentation required to be in the possession of the transporter enabling disposal of hauled grit trap waste, grease trap waste or septic waste at a permitted or registered disposal site.
PLUMBING CHANGES. The installation, replacement or removal of drainage piping or water supply piping.
SANITARY SEWER. A system of pipes, conduit and treatment facilities owned or operated by the City of Pleasanton which collects, transports and treats sanitary sewage, and which storm, surface and ground waters are not intentionally or normally admitted.
SEPTIC WASTE. Liquid wastes and sludge containing sufficient liquid content, normally more than 85%, to permit flow by gravity or minimal pumping, which is removed from a portable toilet, chemical toilet, septic tank or cesspool. SEPTIC WASTE does not include non-domestic wastes from commercial or industrial establishments.
SERVE.
1. To personally serve upon the grease or grit generator or his or her agent;
2. To send by registered or certified mail, return receipt requested, to the grease or grit generator or his or her agent, allowing at least five days for said mail to be retrieved by the recipient, at the address at which the grease or grit generator receives his or her utility bill for the location of the alleged discharge; or
3. To place a written notice upon an entrance to the location where the alleged discharge is occurring or has occurred.
TOTAL SUSPENDED SOLIDS ("TSS"). 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.
(2) Prohibited discharges. It shall be unlawful for a commercial grease generator or commercial/industrial grit generator to introduce or cause to be introduced into a public sanitary sewer the following:
(a) Fats, oils or grease of animal or vegetable origin, TSS, BOD in concentrations greater than 200 milligrams per liter of water, or
(b) Petroleum based oil and grease wastes and inorganic solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities.
(3) Strict liability for generators of grease and grit. This division imposes strict liability; a culpable mental state is not required to impose liability under this section.
(4) Grease and grit traps required.
(a) Commercial grease generators. All commercial grease generators shall discharge all wastes from sinks, dishwashers, and drains into an approved and properly maintained and functioning grease trap before entering the sanitary sewer drain. Such grease trap shall be inspected, cleaned and repaired regularly by the commercial/industrial grit generator at his or her expense.
(b) Commercial/industrial grit generators. All commercial or industrial grit generators shall discharge all grit trap wastes into an approved and properly maintained and functioning grip trap before entering the sanitary sewer drain. Such grit trap shall be inspected, cleaned and repaired regularly by the commercial/industrial grit generator at his or her expense.
(5) Construction of grease and grit traps and sample port.
(a) The construction requirements of this section shall apply to all new construction, expansions and improvements involving plumbing changes, changes in ownership or occupancy, or otherwise in compliance with a determination of the Director. In addition to new construction, expansions and improvements, all grease or grit generators shall construct sample ports in accordance with a schedule filed by the Director with the City Secretary.
(b) Grease traps shall be constructed to prevent fats, oils or greases of animal or vegetable (FOG) origin from entering the sanitary sewer in concentrations greater than 200 milligrams per liter. Grit traps shall be constructed to prevent petroleum based oil and grease wastes and inorganic or other solids from entering the sanitary sewer. The size, type and location of each grease or grip trap must be approved by the Director prior to any discharge therein. Exhibit A attached shows a typical grease trap and Exhibit B shows the minimum grease trap size requirements, to be finally determined and approved by the Director.
(c) A commercial grease or grit generator shall install grease or grit traps so that they are easily accessible for cleaning and as close as possible to the source of production.
(d) A grease or grit generator shall install a sample port for ease in sampling the waste stream as close as possible to the connection with the city sanitary sewer main within the bounds of the facility property. The port shall be installed and maintained at the user's expense. The port shall be installed perpendicular to the effluent flow to allow visual observation and sampling. The port shall be accessible for monitoring authorities. Exhibit C attached shows the specifications for a sample port and Exhibit D lists the sample port policy for the City of Pleasanton.
(e) If the Director determines a need for installation or upgrade of sample ports, grease traps or grit traps on an existing establishment, the Director can order the installation or upgrade of such on that existing establishment. If the Director orders such installation, then he or she shall serve notice of such order upon the grease or grit generator. After receiving notice of the order to install or upgrade ports or traps on an existing establishment, it shall be unlawful for a grease or grit generator to allow or cause any discharge into the sanitary sewer not in compliance with such order.
(f) A grease or grit generator with a water connection for cooling or operating a grease or grit trap shall protect it with a cross-connection device approved by the Director prior to installation.
(g) Construction of items listed herein or in accordance with the Director's specifications shall not constitute a defense to unlawful discharge and shall not limit the grease or grit generator's liability for any surcharge stated in this division.
(h) A grease or grit generator shall be liable for an administrative fee as established herein if a required report is submitted after the date set for submittal in this division.
(6) Maintenance of grease and grit traps.
(a) A grease or grit generator shall have traps serviced as frequently as necessary to prevent bypass or overflow, and to insure property operation of the trap. Such generators shall, at a minimum, have grease and/or grit traps serviced quarterly or as otherwise approved in advance in writing by the Director.
(b) A grease or grit generator shall cause the liquid waste hauler to completely evacuate all grease and/or grit traps and other interceptors during servicing. It shall be unlawful for a grease or grit generator to allow in the servicing of his trap the discharge of liquid, semi-solids, or solids to be discharged back into a grease or grit trap after servicing.
(c) A grease or grit generator shall sign the manifest presented by the waste transporter and shall keep the receipt for a period of three years. Receipts shall be maintained at the facility for inspection by the Director upon request.
(d) It shall be unlawful for a grease or grit generator to allow grease or grit trap waste to be removed from his premises by a transporter who does not have an applicable state or federal permit or registration to transport said waste.
(e) A grease or grit generator who is required to install a cross-connection control assembly shall test it upon installation and then annually by a licensed inspector and forward the results to the Director no later than ten days following the completion of such test.
(f) It shall be unlawful for any commercial grease generator to allow any food grinders, garbage disposers, or frying vats to discharge into a grease trap.
(g) A grease or grit generator shall properly monitor and maintain the collection point, so that wastewater samples taken from the collection point are representative of wastewater leaving the grease or grit trap.
(h) It shall be unlawful for a grease or grit generator to divert sewage around a collection point into the sanitary sewer.
(i) If the Director finds that a change in pumpage or servicing of a grease or grit trap is necessary for an establishment to meet the discharge limits stated in this division, the Director may order a change in pumpage or servicing of a grease or grit trap. After receiving notice of an order by the Director to change the frequency and/or methods of pumpage or servicing, it shall be unlawful for a grease or grit generator to allow or cause any discharge into the sanitary sewer not in compliance with such order.
(7) Reports and monitoring.
(a) Analytical requirements consist of all pollutant analyses or reports, including sampling techniques, to be submitted under this division, shall be performed in accordance with the approved testing procedures prescribed in 40 C.F.R. pt. 136, Tables IB and II (Code of Federal Regulations).
(b) All grease or grit generator shall, at a frequency and time determined by the Director, but in no case less than once a year, submit to the Director:
1. Reports indicating the concentration of fats, oils, and greases or grit trap or sanitary sewer, and
2. Copies of all manifest made by liquid waste transporters servicing their grease/grit trap during the reporting period.
(c) A grease or grit generator shall immediately report to the Director discharge, spills or accidents involving a grease or grit trap or the sanitary sewer, which pose a threat to the public health or potential damage to the environment.
(d) A grease or grit generator shall recover all accidental spill and discharges immediately and have such waste disposed of by a transporter holding valid license or registration from the appropriate state or federal authority.
(e) The Director may randomly sample and analyze the effluent from a grease or grit generator and conduct surveillance activities to determine compliance with this division.
(f) It shall be unlawful for a grease or grit generator to refuse to allow the Director to enter their premises during business hours to determine whether the use is complying with all of the requirements of these sections. A grease of grit generator shall allow the Director access to all parts of the premises for purposes of inspection, sampling, records examination and copying, and the performance of additional duties. Failure to allow the Director access as provided herein shall make the generator liable for additional inspection fees as described herein or by separate ordinance.
(g) If the Director has been refused access to the building, structure or property, or any part thereof, and is able to demonstrate probably cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, to protect the overall public health, safety welfare of the community of to protect the wastewater collection and treatment system, then the Director may seek issuance of a search warrant from any court of competent jurisdiction.
(8) Monitoring and surcharges for BOD/TSS concentrations.
(a) All grease or grit generators shall, at a frequency determined by the Director, but in no case less than once per year, at a time determined by the Director, submit to the Director reports of BOD/TSS concentrations indicating the Biochemical Oxygen Demand ("BOD") concentrations and Total Suspended Solids ("TSS") concentrations in their discharges, into the public sanitary sewer,
(b) All wastewater samples must be representative of the generator's discharge.
(9) Enforcement.
(a) If the Director has cause to believe that a grease or grit generator has violated or continues to violate any provisions of this division, the Director may serve upon that user a written notice of violation, including emergency actions, requesting criminal charges be filed against the violator or any other enforcement action.
(b) The Director may suspend a grease or grit generator sewer service if he or she finds that such suspension is necessary to stop an actual or threatened discharge, which presents a reasonable risk of danger to the health of any person, the wastewater collection or treatment system. The Director may also immediately suspend a grease or grit generator's city utility service that imminently threatens to interfere with the operation of the publicly owned collection or treatment system, of which presents, or may present, an imminent danger to the health of any person or the environment.
(c) It shall be unlawful for a grease or grit generator who has been notified of a suspension of its city utility service to discharge any waste in violation of a suspension of its city utility service issued by the Director. In the event of a grease or grit generator's failure to immediately comply voluntarily with the suspension order, the Director may take such steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the wastewater collection or treatment system, the health of any person or the environment.
(d) A grease or grit generator who violates any provisions of this division shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000 per violation, per day.
(e) A grease or grit generator who knowingly makes any false statements, representation or certifications in any application, record, report, plan or other documentation field required to be maintained, pursuant to this division, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punishable by a fine of not more than $2,000 per violation, per day.
(f) The remedies provided for in this section are not exclusive. The Director may take any legally authorized actions against a noncompliant grease or grit generator.
(10) Miscellaneous fees for grease and grit generators.
Late submittal of report, per report | $10 Plus $5 per day the report is late |
General inspection fee for generators, per inspection | $50 |
Surcharge fee for generators, per sample violation | $100 |
(11) Penalty for violation. Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined any sum not to exceed $2,000 as provided in the city code.
(12) Conflict. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
(13) Severability. If any provision of this division, of the application thereof to any person or circumstances shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this division which can be given effect without the invalid provision or application, and to this end the provisions of this division are declared to be severable.
(14) Effective date. The provisions of this division shall become effective ten days after final passage and approval of Ordinance 1331 by the City Council of the City of Pleasanton, Texas.
(N) Requirements for building sewers. Any person responsible for discharges through a building sewer carrying industrial wastes shall at his or her own expense and as required by the approving authority:
(1) Install an accessible control manhole;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of the waste;
(3) Install safety equipment and facilities (ventilation, steps...) where needed; and
(4) Maintain the equipment and facilities.
(O) Sampling and testing.
(1) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb and property. Note: The particular analysis involved will determine whether a 24-hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, B.O.D. and suspended solids analyses are obtained from 24-hour composites of all outfalls. Where applicable, 16-hour, eight-hour or some other period may be required. Periodic grab samples are used to determine pH and oil and grease.
(2) Examination and analyses of the characteristics of water and wastes required by this section shall be:
(a) Conducted in accordance with the latest edition of Standard Methods; and
(b) Determined from suitable samples taken at the control manhole provided or other control point authorized by the approving authority.
(3) B.O.D. and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges.
(4) The approving authority shall determine which users or classes of users may contribute wastewater which is of greater strength than normal domestic wastewater. All users or classes of users so identified shall be sampled for flow B.O.D., TSS and pH at least annually.
(5) City may select an independent firm or laboratory to determine flow, B.O.D., and suspended solids, if necessary. Flow may alternately be determined by.water measurements if no other flow is available and no other source of raw water is used.
(P) User charge system.
(1) Persons making discharges of industrial waste into the City of Pleasanton system shall pay a charge to cover all cost of collection and treatment.
(2) When discharges of any waste into the City of Pleasanton system are approved by the approving authority, the city, or its authorized representative, shall enter into an agreement or arrangement providing:
(a) Terms of acceptance by the city;
(b) Payment by the person making the discharge, in accordance with the user charge system as established in division (P)(5) below;
(c) Sewer connection procedures and requirements shall be in accordance with the "Standard Plumbing Code" as promulgated by the Southern Building Code Congress International;
(d) A sewer application approved with connection fee paid; and
(e) Construction of sewer connections shall be approved by city inspectors prior to sewer use.
(3) Each user of the wastewater treatment system will be notified at least annually, in conjunction with a regular sewer bill, of the rate and that portion of user charges or ad valorem taxes which are attributable to the operation and maintenance of the wastewater treatment system.
(4) The city will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly.
(5) User charge system, Pleasanton, Texas, as outlined in § 50.04 above.
(Q) Industrial cost recovery system. Not applicable: Pub. Law 96-483, being 33 U.S.C. §§ 1251 et seq. and commonly known as the Water Pollution Control Act.
(R) Savings clause. A person discharging wastes into public sewers prior to the effective date of this section may continue without penalty so long as he or she:
(1) Does not increase the quantity or decrease the quality of discharge without permission of the approving authority;
(2) Has discharged the waste at least 24 months prior to the effective date of this section; and
(3) Applies for and is granted a permit no later than 210 days after the effective date of this section.
(S) Conditions or permits.
(1) The city may grant a permit to discharge to persons meeting all requirements of the savings clause provided that the person:
(a) Submit an application within 60 days after the effective date of this section on forms supplied by the approving authority;
(b) Secure approval by the approving authority of plans and specifications for the facilities when required;
(c) Has complied with all requirements for agreements or arrangements including, but not limited to, provisions for:
1. Payment of charges;
2. Installation and operation of the facilities and of pretreatment facilities, if required; and
3. Sampling and analysis to determine quantity and strength when directed by the city; and
(d) Provides a sampling point, when requested by the city, subject to the provisions of this section and approval of the approving authority.
(2) A person applying for a new discharge shall:
(a) Meet all conditions of division (S)(1) above; and
(b) Secure a permit prior to discharging any waste.
(T) Power to enter property.
(1) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this section.
(2) Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection.
(3) Except when caused by negligence or failure of person(s) to maintain safe conditions, the city shall indemnify the person(s) against loss or damage to their property by city employees and against liability claims and demands for personal injury or property damage asserted against the person(s) and growing out of the sampling operation.
(4) The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of:
(a) Inspection, observation, measurement, sampling or repair;
(b) Maintenance of any portion of the sewerage system lying within the easements; and
(c) Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.
(5) No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sewers.
(U) Authority to disconnect service.
(1) The city may terminate water and wastewater disposal service and disconnect a customer from the system when:
(a) Acids or chemicals which may damage the sewer lines or treatment process are released to the sewer potentially causing accelerated deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(b) A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city's system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or
(c) The customer:
1. Discharges waste or wastewater that is in violation of the permit issued by the approving authority;
2. Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
3. Fails to pay monthly bills for water and sanitary sewer services when due; or
4. Repeats a discharge of prohibited wastes to public sewers in violation of divisions (B) through (I) above.
(2) If service is discontinued pursuant to (U)(1)(b) above, the city shall:
(a) Disconnect the customer;
(b) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and
(c) Continue disconnection until such time as the customer provides pretreatment/additional pretreatment or other facilities designed to remove the objectionable characteristics from his or her wastes.
(V) Notice. The city shall serve persons discharging in violation of this section with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
(W) Continuing prohibited discharges. No person may continue discharging in violation of this section beyond the time limit provided in the notice.
(X) Penalty.
(1) A person who continues prohibited discharges is guilty of a misdemeanor and upon conviction is punishable by a fine as provided for in this code of ordinances for each act of violation and for each day of violation.
(2) In addition to proceeding, under authority of division (X)(1) above, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(Y) Failure to pay. In addition to sanctions provided for by this section, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for water and sanitary sewer service when due.
(Z) Penalty for criminal mischief. The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(1989 Code, Ch. 10, § 6) (Ord. 1331, passed 3-20-2008)