(A) Terms. The following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACT and THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended by the Clean Water Act, 33 USC 1251 et seq.
AMENABLE TO TREATMENT. Susceptible to reduction in concentration by treatment routinely provided in the city's wastewater treatment plant, to a level which is in compliance with Federal and state effluent limitations for discharge into waters of the state.
APPROVAL AUTHORITY. The Texas Commission on Environmental Quality (TCEQ).
AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER.
(a) If the industrial user is a corporation, authorized representative shall mean:
1. The president, secretary, treasurer, or vice-president of the corporation in charge of a principle business function, or any other person who performs similar policymaking or decision-making functions for the corporation;
2. The manager of one or more manufacturing, production, or operation facilities, provided the manager is authorized to make management decisions which govern the operations of the regulated facility including having the explicit or implicit duty of making major capital investments recommendations, and initiate and direct other comprehensive measures to assure long-term environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and acute information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
(b) If the industrial user is a partnership or sole proprietorship, an authorized representative shall mean a general partner or proprietorship respectively;
(c) If the industrial user is a federal, state or local governmental facility, an authorized representative shall mean a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or his/her designee;
(d) The individuals described in divisions (a) through (c) of this definition may designate another authorized representative if the authorization 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.
BASELINE REPORT (BR). A report submitted by categorical industrial users in compliance to 40 CFR 403.12(b) describing the nature and character of their discharge and containing the information detailed in 40 CFR 403.12(b) (1-7).
BEST MANAGEMENT PRACTICES (BMPS). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in §§ 53.153 and 403.5(a)(1) and (b). BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage form raw materials storage. [Note: BMPs also include alternative means (i.e., management plans) of complying with, or in place of certain established categorical Pretreatment Standards and effluent limits.]
BIOCHEMICAL OXYGEN DEMAND (BOD) and FIVE-DAY BIOCHEMICAL OXYGEN DEMAND (BODS). The quantity of oxygen by weight, expressed in mg/1, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius.
BUILDING SEWER. A sewer pipe conveying wastewater from the premises of a user to the wastewater facilities.
CATEGORICAL STANDARDS, NATIONAL PRETREATMENT STANDARD, PRETREATMENT STANDARD, AND STANDARD MEAN. Any regulation containing pollutant
discharge limits promulgated by the Environmental Protection Agency (EPA) in accordance with section 307(b) and (c) of the act which applies to industrial users.
CATEGORICAL INDUSTRIAL USER. An industrial user subject to a categorical pretreatment standard or categorical standard under 40 CFR 403.6 and 40 CFR Chapter 1, subchapter N.
CITY. The City of Willis, Texas or the City Council of the City of Willis.
CODE OF FEDERAL REGULATIONS (CFR). A codification of documents of general applicability and future effect, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register.
CHEMICAL OXYGEN DEMAND (COD). A 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.
CHIEF PLANT OPERATOR. An authorized representative of the city who supervises the operation of the POTW and who is charged with certain duties and responsibilities by the ordinance or his/her duly authorized representative, or in his/her absence or inability to act the person then in charge of such system.
COOLING WATER. The water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
COMMERCIAL USER. Any industry or business that discharges less than 25,000 gallons per day but discharges nondomestic waste and in the opinion of the city has the potential to impact the POTW and/or the resulting sludge.
COMPOSITE SAMPLE. A combination of individual samples obtained at regular intervals over a specified time period. The volume of each individual sample may be either proportional to the flow rate during the sample period (flow composite) or constant and collected at equal time intervals during composite period (time composite).
CONTROL AUTHORITY. The City of Willis, Texas.
CONTROL MANHOLE. A manhole or other facility which provides access to a building sewer and is located at some point before the building sewer discharge mixes with other discharges in the public sewer.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works for the City of Willis, Texas.
ENVIRONMENTAL PROTECTION AGENCY. The U.S. Environmental Protection Agency, sometimes referred to as the approval authority in a non-NPDES state or NPDES state without an approved state pretreatment program, or where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of such agency.
EXISTING SOURCE. Any source of discharge, the construction or operation of which commenced prior to the publication 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.
FLOATABLE GREASE. Grease, oil or fat in a physical state such that it will separate or stratify by gravity in water.
GARBAGE. Animal and vegetable wastes and residue from the preparation, cooking, and dispensing of food; and from the handling, processing, storage, and sale of food products and produce.
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.
GREASE. Fatty acids, soaps, fats, waxes, petroleum products, oil and any material which is extractable by hexane or Freon solvent from an acidified sample and which is not volatilized during evaporation of the solvent.
HOLDING TANK WASTE. Any wastes from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and vacuum pump tank trucks.
INDIRECT DISCHARGE. A discharge or introduction of nondomestic pollutants from any source regulated under section 307 (b) or (c) of the act into the city's wastewater facilities.
INDUSTRIAL USER (IU). A source of an indirect discharge.
INDUSTRIAL WASTE. The water borne solids, liquids, and/or gaseous wastes (including cooling water), excluding normal domestic sewage, resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids or wastes with water or domestic sewage.
INDUSTRIAL WASTE CHARGE; INDUSTRIAL WASTE SURCHARGE; SURCHARGE. The additional charge made on those industrial users that discharge into the sanitary sewer industrial wastes which are amenable to treatment but which exceed the concentration levels of normal domestic sewage.
INTERFERENCE. A discharge which alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the city's wastewater treatment processes or operations or its sludge processes, use or disposal; and
(b) Causes a violation of any requirement of the city's NPDES permit or the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued there under: section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in the state Sludge Management Plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
LOCAL LIMITS. Specific discharge limits developed and enforced by the City of Willis upon industrial or commercial facilities to implement the general and specific discharge prohibitions listed in 40 CFR 403.5(a) (1) and (b).
MAXIMUM ALLOWABLE DISCHARGE LIMIT.
(a) Instantaneous. The maximum concentration (or mass) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event.
(b) Daily. The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the “daily discharge” is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the “daily discharge” is calculated as the average measurement of the pollutant over the day.
(c) Average monthly. 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.
(d) Average weekly. The highest allowable average of “daily discharges” over a calendar week, calculated as the sum of all “daily discharges” measured during a calendar week divided by the number of “daily discharges” measured during that week.
MAY. Permissive or discretionary. The use of the singular shall be construed to include the plural and the plural shall include the singular as indicated by the context of its use.
MEDICAL WASTE. Isolation wastes, infectious agents, human blood and blood byproducts, pathological wastes, sharps, body parts, famines, etiological agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES). A permit issued pursuant to section 402 of the act.
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 or 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;
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 division (1)(a) or (c) of this definition but otherwise alters, replaces, or adds to existing process or production equipment.
(c) Construction of a new source as defined under this section has commenced if the owner or operator has:
1. Begun, or caused to begin as part of a continuous on-site 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 is 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, contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this subsection.
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.
NONSIGNIFICANT USER (NSU). Any industry or business that discharges less than 25,000 gallons per day but discharges non-domestic waste and in the opinion of the city has the potential to impact the POTW and/or the resulting sludge.
NORMAL DOMESTIC SEWAGE. A combination of the water-carried wastes, exclusive of groundwaters, surface waters, and stormwaters and industrial wastes, normally discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions. Normal domestic sewage is typically characterized by BOD and TSS concentrations ranging from 150 mg/l to 300 mg/l.
PASS THROUGH. A discharge which exits the city's wastewater treatment facility into waters of the state and/or 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 requirements of the city's NPDES permit (including an increase in the magnitude or duration of a violation).
PH. A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical waste, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) discharged into water.
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 discharging or otherwise introducing such pollutants into the city's wastewater facility. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
PRETREATMENT DEPARTMENT, PRETREATMENT COORDINATOR. The department or person designated by the city to supervise the pretreatment program, and who is charged with certain duties and responsibilities by this chapter or his/her duly authorized representative.
PRETREATMENT REQUIREMENTS. Any substantive or procedural requirement related to pretreatment imposed on an industrial user, including a pretreatment standard.
PRETREATMENT YEAR. Period of time that is considered when compiling the city's annual program status report for submittal to the approval authority.
PROCESS WASTE WATER. Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
PROHIBITED DISCHARGE. Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 53.153 of this chapter.
PUBLICLY OWNED TREATMENT WORKS (POTW). A treatment works as defined by section 212 of the Act (33 U.S.C. section 1292), which is owned by a state or municipality. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to the POTW treatment plant.
SANITARY SEWER. A public sewer which carries domestic wastewater and/or industrial wastes, and to which stormwater, surface water, and groundwater are not intentionally admitted.
SEWAGE. Human excrement and gray water (household showers, dishwashing operations, etc.)
SHALL. Means Mandatory.
SIGNIFICANT INDUSTRIAL USER.
(a) A user subject to categorical pretreatment standards; or
(b) A user that:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
2. Contributes a process wastestream which makes up five percent 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 to adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
(c) Upon a finding that a user meeting the criteria of a significant industrial user 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.
SIGNIFICANT NONCOMPLIANCE. An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1);
(b) Technical review criteria (TRC) violations, defined as those which 33% or more of all of the measurements for same pollutant parameter taken during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous (daily maximum) limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC--1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, longer-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interferences or pass through (including endangering the health of POTW personnel or the general public);
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 CFR part 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, or attaining final compliance;
(f) Failure to provide, within 30 days after the due date, required reports such as baseline reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance; and
(h) Any other violation or group of violations, which may include a violation of best management practices, which the POTW or control authority determines will adversely affect the apparition or implementation of the city's pretreatment program.
SLUG DISCHARGE. 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 in any other way violate the CA's regulations, local limits, or permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION CODE. A classification pursuant to the Standard Industrial Classification manual issued by the U.S. Office of Management and Budget.
STORM SEWER. A public sewer which carries storm and surface waters and drainage, but excludes normal domestic sewage and industrial wastes.
STORMWATER. Runoff from rainfall or any other form of precipitation.
SUPERINTENDENT. An authorized representative of the city who supervises the operation of the POTW and who is charged with certain duties and responsibilities by the ordinance or his/her duly authorized representative, or in his absence or inability to act the person then in charge of such system.
TOTAL SUSPENDED SOLIDS. The total suspended matter, measured in mg/l, that floats on the surface of, or is suspended in, water, wastewater or other liquids, and which is removable by laboratory filtering.
TOTAL TOXIC ORGANICS. The sum of the masses or concentrations of specific toxic organic compounds found in the industrial user's process discharge. Specific toxic organic compounds that make up the total toxic organics for a user are specified in categorical pretreatment standards and/or discharge permits.
TOXIC ORGANIC MANAGEMENT PLAN. A written plan submitted by industrial users, in accordance with the requirements specified in categorical pretreatment standards (or in accordance with the city's requirements if the industry is not a categorical industrial user), to assure that toxic organics do not routinely spill or leak into wastewater discharged into the POTW.
TOXIC POLLUTANT. Any pollutants or combination of those pollutants listed as toxic in regulations promulgated by the EPA Administrator under the provision of section 307 (33 USC 1317) of the act.
TRAP. A device designed to skim, settle, or otherwise remove floatable grease, oil, sand, flammable wastes or other harmful substances.
TREATMENT PLANT EFFLUENT. Any discharge of pollutants from the POTW into waters of the state.
USER. Any person, who has a building sewer connected to the city's sewer, or contributes causes or permits the contribution of wastewater into the city's wastewater facilities, including those who discharge holding tank waste into the facilities.
WASTEWATER. The liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and stormwater that may be present, whether treated or untreated, which is contributed or discharged into or permitted to enter the wastewater facilities.
WASTEWATER TREATMENT PLANT and TREATMENT PLANT. That portion of the POTW which is designed to provide treatment of municipal sewage and industrial waste.
WATERS OF THE STATE. All 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.
(B) Abbreviations. The following abbreviations shall have the designated meanings:
(1) BOD5 - Five-day biochemical oxygen demand.
(2) °C - Degrees Celsius.
(3) CFR - The Code of Federal Regulations.
(4) CITY - City of Willis, Texas.
(5) COD - Chemical oxygen demand.
(6) EPA - Environmental Protection Agency.
(7) °F - Degrees Fahrenheit.
(8) gpd - Gallons per day.
(9) L - Liter.
(10) lbs/day - Pounds per day.
(11) LEL - Lower explosive limit.
(12) mg - Milligrams.
(13) mg/l - Milligrams per liter.
(14) MGD - Million gallons per day.
(15) NPDES - National Pollutant Discharge Elimination System.
(16) pH - Potential hydrogen.
(17) O&M - Operation and maintenance.
(18) POTW - Publicly owned treatment works.
(19) RCRA - Resource Conservation and Recovery Act.
(20) TSS - Total suspended solids.
(21) SIC - Standard Industrial Classification.
(22) SIU - Significant industrial user.
(23) SWDA - Solid Waste Disposal Act (42 USC 6901 et seq.).
(24) TCLP - Toxicity characteristic leaching procedure test.
(25) TRC - Technical review criteria.
(26) TTO - Total toxic organics.
(27) TOMP - Toxic organic management plan.
(28) USC - United States Code.
(29) USDA - United States Department of Agriculture.
(Ord. 17-1121, passed 11-21-2017)