HomeMy WebLinkAboutO-2011-3357 regulating discharge of industrial waste into public sewers/approved by TCEQ 1/22/2014h
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: June 13, 2011
Requested By: David Mick
Department: Public Works
Resolution: XX Ordinance: XX
Exhibits: 2003 Ordinance (markup and clean)
Exhibits: Proposed Ordinance
Exhibits: ]Recnlntinn
Appropriation
Source of Funds: N/A
Account Numbein N/A
Amount Budgeted -N/A
Amount Requested;
Rndueted Item- N/A
SUMMARY & RECOMMENDATION
The City of La Porte has operated an Industrial Waste Pre-treatment Program since the mid 1980's as
required by State and Federal Mandate. In September 2009, the Texas Commission on Environmental
Quality ( TCEQ ) conducted an audit of the City's Pretreatment Program / Municipal Pollution Prevention
Assessment. The findings of the audit identified deficiencies which require the City to:
1. Revise the Industrial Waste Ordinance to comply with current federal regulations; and
2. To align the ordinance with specific components of the Industrial Waste program
The proposed ordinance would repeal the existing ordinance Chapter 74, Utilities, Article II,
Industrial Waste, Sections 74-36 through 74-58 both inclusive as codified in the City of La Porte
Code of Ordinances. Changes to the current ordinance include the addition, deletion, and
revision to numerous definitions, the addition and deletion of metal maximum contaminate levels
based on current influent and effluent contaminates levels, and modifications to regulatory
authority, other language and typographical changes.
Additionally, the TCEQ requires a "Funding Resolution" by the governing body to ensure that
adequate funding is provided for the operation and maintenance of the City's Pretreatment
Program for the protection of the City's treatment works, personnel and the public.
Current Significant Industrial Users (SIU's) are aware of the changes and none have expressed concern at
this time. The Industrial Waste program is funded in the Wastewater Treatment Division budget through
various accounts including an Industrial Waste Inspector, laboratory testing, equipment and supplies, etc.
Staff plans to review current fees and return to Council with revised rate plan structure in the future.
ORDINANCE NO. 2003-2642
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE II, "INDUSTRIAL WASTE",
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE
INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE
DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE,
TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES
RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN
APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE; EACH DAY OF
VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND
REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, has provided facilities for the collection and
treatment of sewage to promote the health, safety, and convenience of its people and for
the safeguarding of water resources common to all, and
WHEREAS, provision has been made in the design, construction, and operating of such
facilities to accommodate certain types and quantities of industrial wastes in excess of, and
in addition to, normal sewage, and
WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the
waste treatment services rendered by the City of La Porte in linear proportion to the cost
of the waste treatment facilities and of the operation and maintenance costs, utilized in
treating the industrial wastes, and
WHEREAS, proper protection and operation of the collection and treatment facilities may
require either the excluding, pretreatment, or controlled discharge at point of origin of
certain types or quantities of industrial wastes,
PORTE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
Section 1. Chapter 74, "Utilities", Article II, "Industrial Waste", Sections 74-36
through 74-58, both inclusive are hereby repealed as of the effective date hereof, and
shall be replaced by the following new Chapter 74, "Utilities", Article II, "Industrial
Waste", of the Code of Ordinances of the City of La Porte, to read as follows:
DIVISION
J
GENERAL PROVISIONS
74-36k"PURPOSE AND POLICY
This ordinance sets forth uniform requirements for users of the publicly owned
treatment works (POTW) for the City of La Porte and enables the City of La Porte
to comply with all applicable State and Federal laws including the Clean Water
Act (33 U.S.C. 1251et seq.), and the General Pretreatment Regulations (40 CFR
Part 403). The objectives of this ordinance are:
A. To prevent the introduction of pollutants into the POTW that will interfere
with operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass
through the POTW , inadequately treated into receiving waters or
otherwise be incompatible with the POTW;
C. To ensure that the quality of the wastewater treatment plant sludge is
maintained at a level which allows its use and disposal in compliance with
statutes and regulations;
D. To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general public;
E. To improve the opportunity to recycle and reclaim wastewater and sludge
from the POTW;
F. To provide for fees for the equitable distribution of the cost of operation,
maintenance, and improvements of the POTW; and
G. To enable the City of La Porte to comply with its TPDES permit
conditions, sludge use ra disposalr-eqttiremefit. and any other Federal or
State laws to which the POTW is subject.
This ordinance shall apply to all industrial users of the POTW. The ordinance
authorizes the issuance of wastewater discharge permits; authorizes monitoring,
compliance and enforcement activities; establishes administrative review
procedures; requires industrial user reporting and provides for setting of fees for
the equitable distribution of costs resulting from the program established herein.
74-3*{ Administration
Except as otherwise provided herein, the Director of Public Works shall
administer, implement and enforce the provisions of this ordinance. Any powers
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granted to or duties imposed upon the Director of Public Works may be
delegated by the Director of Public Works to other city personnel.
74.38{-1-3}Abbreviations
The following abbreviation shall have the designated meanings:
e
BOD
Biochemical Oxygen Demand
CA
Control Authority
CFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
EPA
Environmental Protection Agency
gpd
LE ��oTrc�
Gallons Per Day
1 ee+r Explosive Limit
�it�v�rr�
F:Ag
mg/I
DU
NIS-
Milliff-+r+•.
Milligram Per Liter
Domestic: Use�
Nle
Impending Cuspe,RSiOR
N,SJII 1
NOV
-tire of
Nen CigRifican+ I. dUStrial Use
Notice of Violation
POTW
Publicly Owned Treatment Works
TPDES Texas Pollutant Discharge Elimination System
&M Oper-ation Maintenance
RCRA
and
Resource Conservation and Recovery Act
SIU
Significant Industrial User
SNC
Significant Non Compliance
SIC
Standard Industrial Code
SWOA
TPDES
Sends Waste Disposal A 2 U.S.C. 6991, et sem`
Texas Pollutant Discharge Elimination System
TSS
Total Suspended Solids
U.S.0
United States Code
74-39{l-.4)Definitions
Unless a provision explicitly states otherwise, the following terms and phrases,
as used in this ordinance, shall have meanings hereinafter designated.
A. 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.
B. Approval Authority — Is the Executive Director of the TCEQ. The DiFe,e.+
i n_i NIRDFS State with aR appFGved State PFetFeatment PFOgFaM d th
3
C. Authorized Representative of the Industrial User
1. If the industrial user is a corporation, the authorized representative
shall mean:
a. the president, secretary, treasurer, or a vice-president of the
corporation in charge of a principal business function, or any
other person who performs similar policy or decision making
function for the corporation;
b. the manager of one or more manufacturing, production, or
operation facilities empleyiRg-rsere t aR twe--; ndFPd--ARCI
exceeding $ 25 millien¢ iR second-quaFteF 1980 dellaF.s`, if
authority to sign documents has been assigned or delegated to
the manager in accordance with corporate procedures.
2. If the industrial user is a partnership, or sole proprietorship an
authorized representative shall mean a general partner or proprietor,
respectively.
3. 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 and or her designee.
4. By a duly authorized representative the individuals described in
paragraphs 1-3 above may designate another authorized
representative if the authorization is in writing if:
a. The authorization is made in writing by the individual
described in paragraphs 1-3 above
b. The authorization specifies either the individual or a position
pe~s^n Fespensible having responsibility for the overall
operation of the facility from which the discharge originates,
such as the position of plant manager, operator of a well or
well field superintendent, or a position of equivalent
responsibility or having overall responsibility for the
environmental matters for the company, and
c. The written authorization is submitted to the CA.
5. If authorization under paragraph C 4 of this section , is no longer
accurate because a different individual or position has responsibility
4
for the overall operation of the facility, or overall responsibility for
environmental matters for the company, a new authorization
satisfying the requirement of paragraph C 4. of this section must be
submitted to the CA prior or together with any reports to be signed by
an authorized representative.
D. Best Management Practices
The schedule of activities, prohibition of practices, maintenance
procedures, and other management practices to implement the
prohibitions listed in 74-46( 24A and 9) (40rF14493 5(a)(1) and ya. BMPs
include treatment requirements , operating procedures, and practices to
control plant site runoff, spillage, leaks, sludge or waste disposal or
drainage from raw material storage. BMPs also include alternative
means(i.e., management plans) of complying with, or in place certain
established categorical Pretreatment Standards and effluent limits.
E. Biochemical Oxygen Demand ( BOD ) — The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory
procedure, five(5) days at 20 degrees centigrade expressed in terms of
mass and concentration [ milligram per liter ( mg/I ) ).
F. Categorical Pretreatment Standard or Categorical Standard - Any
regulation containing pollutant discharge limits promulgated by the U.S.
EPA in accordance with sections 2:70 (b) and ( ` 307 (b) and (c) of the act
( 33 U.S.C. 1317 ) which apply to a specific category of industrial users
and which appear in 40 CFR Chapter I, Subchapter N, parts 405-471 and
40CFR Chapter 1, Subchapter N.
G. Categorical Industrial User — An IU subject to Categorical Pretreatment
Standard or Categorical Standard.
I. City - The City of La Porte or the City Council of La Porte.
J. Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed
from a chemical oxidant, expressed as mg/I.
5
„.
..
5
i✓ Composite Sample - Composite samples are used to measure the
average amount of pollutants, for which grab samples are not
necessitated, discharge during the composite period. A sample consists of
numerous two OF FROFe individual discrete samples The aggFeg-.t^ sample
%voll r^fl pee: the -. erage water quality coyeriRg the .- rr.n.+ritiAg OF sample
pefk —. taken either time proportionally or flow proportionally over a
period of time , 24 hours or less (where there is intermittent or batch
dischargers). Flow proportional is preferable, but time proportional
composite samples may be permitted where flow -proportional samples
are not feasible, as long as it will still provide a representative sample.
M. Control Authority - The City of La Porte or "City".
A PQT=A/ with an pFeyed pFeUeatment PFOgFam AppFA- -.I th r't
e„ the abseneCe of a P TSA/ n etr atm nt n
N. Director of Public Works or Director - The person designated by the City
of La Porte to supervise the operation of the POTW, and who is charged
with certain duties and responsibilities by this ordinance or his/her
authorized representative.
O. Environmental Protection Agency or EPA - The U.S. Environmental
Protection Agency or, where appropriate, the +er..., may also be used as a
desigRati^n f^r the Regional Water Management Division Director of
Public Works, the Regional Administrator ,other duly authorized official
of said agency.
P. Existing Source - Any source of discharge, that is not "New Source". Arm
59UFee of diseh- Fge the r str..t' OF ti f h' h - d
b c' ca
bP--applieable to such r...�r 'f tho t r.r aFd th r ft PFOF"Ulgated
rr
. C;OF aAr:e With C.,..+i^.. 307- f the t
Q. Grab Sample - A sample that is taken from a with regard to the flow in
the waste stream and over a period of time not to exceed 15 minutes
fiem a waste `'tr„-. With + ^ d + fl f the waste t
6
0 : NO w' I"
O. Environmental Protection Agency or EPA - The U.S. Environmental
Protection Agency or, where appropriate, the +er..., may also be used as a
desigRati^n f^r the Regional Water Management Division Director of
Public Works, the Regional Administrator ,other duly authorized official
of said agency.
P. Existing Source - Any source of discharge, that is not "New Source". Arm
59UFee of diseh- Fge the r str..t' OF ti f h' h - d
b c' ca
bP--applieable to such r...�r 'f tho t r.r aFd th r ft PFOF"Ulgated
rr
. C;OF aAr:e With C.,..+i^.. 307- f the t
Q. Grab Sample - A sample that is taken from a with regard to the flow in
the waste stream and over a period of time not to exceed 15 minutes
fiem a waste `'tr„-. With + ^ d + fl f the waste t
6
R. Indirect Discharge or Discharge - The introduction of a men deffl^s+i,.
pollutant into the POTW from any non-domestic source Fegulat^a ..
Section 307 (b) (e ) ^r (d) of the act
S. Industrial User or User - An Indus Fy %9142rch'r^^_S
wastewater inte the City's wast,,.. ateF treatment plant. A source of
indirect discharge.
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V. Instantaneous Maximum Allowable Discharge Limit - The maximum
concentration (or loading) 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.
W. Interference- A discharge which alone or in conjunction with a discharge
or discharges from other sources which inhibits or disrupts the POTW , its
treatment process or operations or its sludge processes, use or disposal;
or causes of a violation of any of the POTW TPDES permit or of the
prevention of sewage sludge use or disposal in compliance with any of the
following statutory i regulatory provisions or permits issued hereunder or
more stringent state or local regulations) : Section 405 of the Clean Water
Act; the Solid Waste Disposal Act ( SWDA), including Title II, RCRA any
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.
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Y. Medical Waste — Isolation wastes, infectious agents, human blood and
blood by -wastes products, pathological wastes, sharps, body parts,
fomites, etiologic, contaminated bedding, surgical potentially
contaminated laboratory wastes and dialysis wastes.
Z. Monthly Average Limit — The highest allowable average of daily
discharges over calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided by the number
of daily discharges measured during the month.
Z. New Source
(1) 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 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:
(a) The building, structure, facility or installation is
constructed at a site at which no other source is located;
or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation is substantially
independent of an existing source at the same site. In
8
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Y. Medical Waste — Isolation wastes, infectious agents, human blood and
blood by -wastes products, pathological wastes, sharps, body parts,
fomites, etiologic, contaminated bedding, surgical potentially
contaminated laboratory wastes and dialysis wastes.
Z. Monthly Average Limit — The highest allowable average of daily
discharges over calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided by the number
of daily discharges measured during the month.
Z. New Source
(1) 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 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:
(a) The building, structure, facility or installation is
constructed at a site at which no other source is located;
or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation is substantially
independent of an existing source at the same site. In
8
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
activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
create a new building, structure, facility or installation meeting the
criteria of Section 1(b) or (c) above but otherwise alters, replaces, or add
to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commence if the owner or operator has :
(a) Begun, or caused to begin as part of a continuous onsite
construction program:
(i) Any placement, assembly, or installation of
facilities or equipment, or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing building,
structure, or facilities which is necessary for the
placement, assembly, or installation of a new
source facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase
of facilities or equipment which are intended to be used in its
operation within 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 paragraph.
AA. 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.
BB. Pass Through — A discharge which exits the POTW into water of the U. S.
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 City's TPDES permit, including an increase in the
magnitude or duration of a violation.
CC. Person — Any individual, partnership, co -partnership, firm, company,
corporation, their association, joint stock company, trust, estate,
governmental entity or any other legal entity, or legal representatives,
9
agents or assigns. This definition includes all Federal, State, or Local
governmental entities.
P& pH — A measure of the acidity or alkalinity of a substance, expressed in
standard units. it is ther ' of o�
' .;+"m (Base 40 ) of the
EE. Pollutant — Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, munitions, medical wastes, chemical wastes,
industrial wastes, biological materials, radioactive materials, heat,
wrecked or discharge equipment, rock, sand, cellar dirt, agricultural and
industrial wastes, and the characteristics of the wastewater ( i.e.; pH,
temperature, TSS, turbidity, color, BOD, CBOD, toxicity, and odor ).
FF. Pretreatment — The reduction of the amount of pollutants, the
elimination of pollutants or the alteration of the nature of pollutant
properties in the 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 applicable pretreatment standard.
GG. Pretreatment Requirements —Any substantive or procedural requirement
related to pretreatment imposed on an industrial user, other than a
pretreatment standard.
HH. Pretreatment Standards or Standard — National Pretreatment standard,
shall mean prohibitive discharge standards, categorical pretreatment
standards, and local limits.
II. Process Wastewater — 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,
byproduct or waste product.
JJ. Prohibitive Discharge — Absolute prohibitions against the discharge of
certain substances; these prohibitions appear in Section 2.1 of this
ordinance.
KK. Publicly Owned Treatment Works ( POTW ) — A treatment works as
defined by Section 212 of the Act ( 33 U.S.C. 1292 ), which is owned by
the State or Municipality. This definition includes any devices or systems
used in the collection, storage, treatment, recycling and reclamation of
sewage or industrial wastes and any conveyances only if they convey
wastewater to a treatment plant. The term also means the municipal
10
entity having jurisdiction over the indirect dischargers and responsibility
for the operation and maintenance of the treatment plant.
LL. Septic Tank Waste — Any sewage from holding tanks such as vessels,
chemical toilets, campers, trailers, and septic tanks.
MM. Sewage — Human excrement and gray water ( household showers,
dishwashing operation, etc.) . A combination of water -carried waste;
from residences, buildings, institution, and industrial establishments.
NN.Significant Industrial User ( SIU ) — Shall apply to:
a) industrial users subject to categorical pretreatment standards;
and
b) any other industrial user that;
i) discharges an average of 25,000 gpd or more of process
wastewater ( excluding sanitary, non -contact cooling, and
boiler blow down wastewater).
ii) contributes a process waste stream which make up 5
percent or more of the average dry weather hydraulic or
organic capacity of the plant or,
44 is designated as significant by the CA based on the
reasonable potential that the industrial user can adversely
affect the POTW's operation or for violating any
pretreatment standard or requirement i^ aGGGFdanre with
nn rFn 491-8.(f)(6)
6)
00. Slug Load — Any discharge at a flow rate or concentration which could
cause a violation of the prohibitive discharge standards in Section 2.1 of
this ordinance or any discharge of a non -routine, episodic nature,
including but not limited to, an accidental spill or a non -customary batch
discharge.
PP. Standard Industrial Classification Code ( SIC ) — A classification pursuant
to the Standard Industrial Classification Manual issued by the U.S. Office
Management and Budget.
QQ. Storm Water — Any flow occurring during or following any form of natural
precipitation, resulting therefrom, including snowmelt.
I1
SS. 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.
.■ . .
-
SON Ore
WW. 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.
XX. Wastewater Treatment Plant or Treatment Plant — That portion of the
POTW designed to provide treatment of sewage and industrial waste. It
shall mean any arrangement of devices and structures used for treating
sewage.
Shall is mandatory; may is permissive or discretionary; The use of the singular
shall be construed to include the plural and plural shall include singular as
indicated by the context of its use.
GENERAL SEWER USE REQUIREMENTS
74-46{,1-.-1}Prohibitive Discharge Standards
No Industrial user shall introduce or cause to be introduced into the POTW any
pollutant or wastewater which causes pass through or interference. These
general prohibitions apply to all industrial users of the POTW whether they are
subject to categorical pretreatment standards or any National, State or local
pretreatment standards or requirement. No industrial user may contribute the
following substances to the POTW.
IJ
A. Pollutants which create a fire or explosion hazard in the municipal
wastewater collection and POTW, including, but not limited to, waste
streams with a closed -cup flash point of less than 140 degrees Fahrenheit
( 60 degrees Centigrade ) using the test methods specified in 40 CFR
261.21.
B. Any wastewater having a pH less than 5.5 or more than 9.5 or otherwise
causing corrosive structural damage to the POTW or equipment, or
endangering City personnel.
C. Solid or viscous substances in amounts which will cause obstruction of
flow in the POTW resulting in interference, or other interference with
proper operation of the sewage works, such as ashes, cinders, sand, mud,
straw, shavings, metal, glass, rags, feathers, fish scales, tar, plastics,
wood, whole blood, paunch manure, hair, fleshing, entrails, lime slurry,
lime residues, slops, chemical residues, paint residues, or bulk solids.
D. Any wastewater containing pollutants, including oxygen demanding
pollutants ( BOD ), released in a discharge at a flow rate and/ or pollutant
concentration which either singularly or by interaction with other
pollutants, will cause interference with either the POTW; or any
wastewater treatment or sludge process, or will constitute a hazard to
humans or animals.
E. Any wastewater having a temperature greater than 150 degrees
Fahrenheit ( 65 degrees Centigrade ) or which will inhibit biological
activity in the treatment plant resulting in interference, but in no case
wastewater which causes the temperature at the introduction into the
treatment plant to exceed 104 degrees Fahrenheit ( 40 degrees
Centigrade ).
F. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
G. Any pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problem.
H. No true -ked- OF hauled pollutants shall he d-i-se-harged except at dis6haFged
reams designated by the POTW. Moved to 74-64B
Any noxious or malodorous liquids, gases, solids, or other wastewater
which singly or by interaction with other wastes, are sufficient to create a
public nuisance, a hazard to life, or to prevent entry into the sewers for
maintenance and repairs.
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J. Any wastewater which imparts color which cannot be removed by the
treatment process, such as, dye waste, and vegetable tanning solution,
which consequently imparts color to the treatment plant's effluent
thereby violating the City's TPDES permit. Color , in combination with
turbidity, shall not cause the treatment plant effluent to reduce the
depth of compensation point for photosynthetic activity by more than
ten (10) percent from the seasonably established norm for aquatic life.
K. Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State
or Federal regulations.
L. Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, non -contact cooling water, and unpolluted industrial
wastewater unless specifically authorized by the Director.
M. Any sludge, screenings, or other residues from the pretreatment of
industrial wastes.
N. Any medical waste, except as specifically authorized by the Director in a
wastewater discharge permit.
O. Any wastewater causing the treatment plant's effluent to fail a toxicity
test.
P. Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the POTW.
Q. Any discharge of fat, oils, or greases of animal origin is limited to
200mg/I.
14
Waste PF919ibited by this section shall not be pFeisessed OF AOFed in a manneF that th"
eauld be diseharged to the PQTW All fleoF drain --;le- +„a ;R ffecessOF MateFi
storage areas must be discharge to the industrial user's pretreatment facility before
connecting with the POTW.
74-47{-24} €edpral Categorical Pretreatment Standards
The national categorical pretreatment standards found in 40 CFR Chapter I,
Subchapter N, Parts 405-471 and 40CFR Chapter l , Subchapter N.aFe hmay
A. When wastewater subject to categorical Pretreatment Standard is mixed
with wastewater not regulated by the same Standard, the Director shall
impose an alternate limit in accordance with 40CFR 403.6(e).
B. Once included in it permit, the industrial user must comply with the
equivalent limitations developed in this section in lieu of the promulgated
categorical Standards from which the equivalent limitations were derived.
C. Many categorical Pretreatment Standards specify on limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum monthly average, or 4 -day average limitations. Where such
standards ar being applied, the same production or flow figure shall be used
in calculating both the average and the maximum equivalent limitation.
D. Any IU operating under a permit incorporating equivalent mass or
concentration limits calculated form production -based standard shall notify
the Director within two(2) business days after the IU has a reasonable basis
to know the production level will significantly change within the next
calendar month. Any IU not notifying the Director of such anticipated change
will be required to meet the mass or concentration limits in its permit that
were based on th original estimate of the long term average production rate.
74-48(2.3) State Pretreatment Standards
IUs must comply with the state pretreatment standards found in TAC 30
chapters 307 and 315.
74-49 QL.4)Local Limits
A. The Director is authorized to establish Local Limits pursuant to 40CFR
403.5(c).
B. The following pollutants limits are established to protect against pass through
and interference.
15
Maximum eenrzeRtF toren of heatsy^ta4 Under this article, the maximum
allowable concentrations of heavy metals, stated in terms of milligrams per liter
(mg/1), are as follows:
(1) ARSENIC
1.108 mg/I
(2) CADMIUM 0.284 mg/I
(3) CHROMIUM
1.377 mg/1
(4) COPPER
0.43 mg/I
n
(5) CYANIDE
(6) LEAD
75 Mg/l
0.141 mg/I
(7) MERCURY
0.005 mg/I 0.0906 Fng�l
(8) NICKEL
0.075 mg/I
Selenium
2.1 mg/I
(9) SILVER
0.66 mg/I
(10) ZINC
2.295 mg/I
C. The above limits apply at the point where the wastewater is discharge to the
POTW. All concentrations for metallic substances are for total metals unless
indicated otherwise. The Director may impose mass limitations in addition to
the concentration -based limitation above.
. ... ..97m2mrM2. . •..
74-50t2-.54 ity's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW if
deemed necessary to comply with the objectives presented in 74-36 Brim 1.i
of this ordinance or the general and specific prohibitions in 74-46 Section 24 of
this ordinance.
16
2—.5 Special Affeement
74-50{z?§)Dilution
No industrial user shall ever increase the use of process water, or in any way
attempt to dilute a discharge, as partial or complete substitute for adequate
treatment to achieve compliance with a discharge limitation unless expressly
authorized by the applicable pretreatment standard or requirement. The
Director may impose mass limitation on industrial users which are using dilution
to meet applicable pretreatment standards or requirements, or in other case
when the imposition of mass limitations is appropriate.
74-51{1k)National Pretreatment Standards ( NPS )
A. If more stringent NPS exist for certain categories of industries or if more
stringent NPS are promulgated for certain categories of industries by the
USEPA, the more stringent national standard will apply to the permittee.
B. Unless exception is granted by the City, the public sanitary sewer system
shall be used by all persons discharging:
1. Wastewater
2. Industrial Waste
3. Polluted Liquids
C. Unless authorized by the TNRCC, no person may deposit or discharge any
waste included in the paragraph above on public or private property or
into or adjacent to any:
1. Natural Outlet
2. Watercourse
3. Storm Sewer
4. Other area within the jurisdiction of the City.
17
The Director 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.
DIVISION
SECTION 3.
PRETREATMENT OF WASTEWATER
74-61.r�.' �, Pretreatment Facilities
Industrial users shall provide necessary wastewater treatment as required to
comply with this ordinance and shall achieve compliance with all categorical
pretreatment standards, local limits and the prohibitions set out in Section 2.1
above within the time limitations specified by the EPA, the State, or the Director.
Any facilities required to pre -treat wastewater to a level acceptable to the
Director shall be operated, and maintained at the industrial waste user's
expense. Detailed plans showing the pretreatment facilities and operating
procedures shall be submitted to the Director for review, and shall be acceptable
to the Director before construction of the facility. The review of such plans and
operating procedures will in no way relieve the industrial user from the
responsibility of modifying the facility as necessary to produce an acceptable
discharge to the POTW under the provisions of this ordinance.
74-62. k3-.24 Additional Pretreatment Measures
A. Whenever deemed necessary, the Director may require industrial users
to restrict their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and /or
consolidate points, separate sewage waste -streams and such other
conditions as may be necessary to protect the POTW and determine the
industrial user's compliance with the requirements of this ordinance.
B. Each permittee discharging into the POTW greater than 120,000 gallons
per day or greater than 5 percent of the average daily flow in the POTW,
whichever is lesser, shall install and maintain, on their property and at
their expense, a suitable storage and flow control facility to insure
equalization of flow over a twenty-four (24) hour period. The facility shall
have the capacity for at least 200 percent of the daily discharge volume
and shall be equipped with alarms and a rate of discharge controller, the
regulation of which shall be directed by the Director. A wastewater
discharge permit may be issued solely for flow equalization.
18
C. Grease, oil and sand interceptors shall be provided when, in the opinion
of the Director, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand; except that such
interceptors shall not be required for residential users. All interceptors
units shall be of type and capacity approved by the Director and shall be
so located to be easily accessible for cleaning and inspection. Such
interceptors shall be cleaned/repaired inspected, cleaned, and-epaiFed
may, as needed or more often if the CA deems necessary, by the
permittee at their own expense. These interceptors shall be subject to
the CA inspections.
D. Industrial users with the potential to discharge flammable substances
may be required to install and maintain an approved combustible gas
detector meter.
E. At no time shall two readings on a explosion hazard meter at the point of
discharge into the POTW, or at any point in the POTW, be more than five
percent (5% ) nor any single reading over ten percent (10%) of the lower
explosive limit (LEL) of the meter.
74-63. (3=3}Accidental Discharees /Slue Discharee Control Plan
The Director shall evaluate within one year of being designated as an SIU,
whether each SIU needs an accidental discharge/slug discharge control plan or
other action to control slug discharges. The results of such activities shall be
available to the Approval Authority upon request. The Director may require any
IU to develop, submit for approval and implement such a plan or take such other
action necessary to control Slug Discharges. Alternatively, the Director may
develop such a plan for any IU. An accidental discharge/slug discharge control
plan shall address, at minimum, the following:
A. Description of discharge practices, including non routine batch
discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Director of any
accidental or Slug discharge, as required in Section 74-106 of this
article; and
D. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but not limited to , inspection
and maintenance of storage areas, handling and transfer of
materials, loading and unloading of operations , control of plant
site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants,
including solvents, and/measures and equipment for emergency
response.
19
74-64 J" Hauled Waste
A. Septic domestic tank waste may be introduced into the POTW only at
location designated by the Director and at such times as established by
the Director. Such waste shall not violate S^�=Division 2 of this
GFdonanee article or any other requirements established by the City. The
Director may require septic tank waste haulers to obtain wastewater
discharge permit.
B. No hauled in industrial waste may be discharged to the City's sanitary
sewer system or the POTW.
DIVISION
WASTEWATER DISCHARGE PERMIT ELIGIBILITY
74-71��} Wastewater Survey
When requested by the Director, all industrial users must submit information on
the nature and characteristics of the wastewater by completing an industrial
waste questionnaire prior to commencing their discharge. The Director is
authorized to prepare a form for this purpose and may periodically require users
to update the survey. Failure to complete this questionnaire shall be considered
a violation of the ordinance.
74-7214 Wastewater Discharge Permit Requirements
A. it shall be unlawful f0F app—inaastFialuser is No SIU shall discharge
wastewater into the POTW without 4Fst obtaining a wastewater discharge
permit from the Director, except that a SIU that has filed a timely application
pursuant to 74-739^x;-4.3 of this E)FdiRaRee article may continue to
discharge for the time period specified herein. ARY yielatien of the teFFnS a
.,,n&Oe of -a wastewateF perrnit-$hall be deemed a violationf this
erdiRanee and subjeet the wastewat.FdisehaFge Permittee to the—miRc4ie s
peRnittee of iits Abllsarl9n A comply withmall r-FedcFai- and -:Scate
B. The Director may require other Users to obtain wastewater discharge
permits as necessary to carry out the purposed of this article.
20
C. Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this article and subjects the wastewater
discharge permittee to the sanctions set out in Division 10 through 12 of this
article. Obtaining a wastewater discharge permit does not relieve a
permittee of its obligation to comply with all Federal and State Pretreatment
Standards or requirements or any other requirements of Federal and State
and local law.
74-73.(" Wastewater Discharge Permitting Existing Connections
Any industrial user iNhie-" d-ffi--;r---haFges iRdUStFi l waste required to obtain a
wastewater permit who was discharging wastewater into the POTW prior to the
effective date of this Wdinaee article and who wishes to continue such
discharges in -the future, shall, within ninety ( 90 ) days after said date, apply to
the City for a wastewater discharge permit in accordance with S^�,-X74-75
below, and shall not cause and allow discharges to the POTW to continue after
ninety ( 90 ) days of the effective date of this ^me article except in
accordance with a wastewater discharge permit issued by the Director.
74-74 Wastewater Discharge Permitting: New Connections
Any User required to obtain a wastewater permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this
wastewater permit, in accordance with Section 74-75 of this article, must be filed
at least thirty (30) calendar days prior to the date upon which any discharge will
begin or recommence.
74-75, 4:44 Wastewater Discharge Permitting Extrajurisdictional Industrial Users
A. Any existing industrial user located beyond the City limits shall submit a
wastewater discharge permit application, in accordance with Section 4.6
below, within ninety ( 90 ) a f the e4ective date f thiseFdffinanee. New
;RdUStFial users located beywid the Gity limits shall submit sueh applications te
The Wastewater discharge application shall be submitted to the CA thirty (30)
calendar days prior to date of permit expiration or proposed date of discharge
or for new IUs at least thirty (30) calendar days from the date they receive a
permit application from the City.
21
B. Alternately, the Director may enter into an agreement with the neighboring
jurisdiction in which the industrial user is located to provide for the
implementation and enforcement of the pretreatment program requirements.
against said indUStrial urnF.
74-76 (4§} Wastewater Discharge Permit Application Contents
A. Identifying Information.
1. The name and address, including the name of the operator and
owner.
2. Contact information, description of activities, facilities, and plant
production processes;
B. Environmental Permits. A list of any environmental control held by or for the
facility.
C. Description of Operations.
22
.. .
�-
■
A. Identifying Information.
1. The name and address, including the name of the operator and
owner.
2. Contact information, description of activities, facilities, and plant
production processes;
B. Environmental Permits. A list of any environmental control held by or for the
facility.
C. Description of Operations.
22
1. A brief description of the nature, average rate of production
(including each product produced by type, amount, processes and
rate production, and SIC number(s) of operation(s) carried out by
each IU. This description should include a schematic process diagram,
which indicates points of discharge to the POTW from regulated
processes
2. Types generated, and list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally
be discharged to the POTW.
3. Number and type of employees, hours of operation, and proposed or
actual hours of operation.
4. Type and amount of raw materials processed (average and maximum
per day).
S. Site plans, floor plans, mechanical and plumbing plans and details to
show all sewer, floor drains and appurtenances by size, location, and
elevation, and all point of discharge.
D. Time and duration of discharges;
E. The location for monitoring all wastes covered by the permit;
F. Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from a regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in Section 74-101(40 CFR 403.6(e)).
G. Measurement of Pollutants
1. The categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
2. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the Standard or by the
Director of Public Works, of regulated pollutants in the discharge from
each regulated process.
3. Instantaneous, Daily Maximum, and longterm average concentrations, or
mass, where required shall be reported.
23
a. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in Section 74-
110 of this article. Where the Standard requires compliance with a
BMP or pollution prevention alternative, the IU shall submit
documentation as required by the Director or applicable
Standards to determine compliance with the Standard.
b. Sampling must be performed in accordance with procedures set
out in Section 74-111 of this article.
c. In cases where the Standard requires compliance with a Best
Management Practice or pollution prevention alternative, the IU
shall submit documentation as required by the Control Authority
of the applicable Standards to determine compliance with the
Standard.
74-77 (4-.6) Application Signatories and Certification
A. All wastewater discharge permit applications, IU reports and certification
statements industrial user reports must ntain the following Gertifeeati„n
stat,,mem and be signed by an authorized representative of the use IU and
contain the certification statement in See ien 6 , ^ ^ 74-114 of this article.
"I certify uRdeF penalty of law that this dem m Rt�'�" attachmeRts
weweFe r.. aged ender m • diFeetien �r r .IOR i .,rda with system
Fe �. �Mm v zn rvc
inferisatien submitted. Based en my- in k -the peFSOR OF pe SO„S WhO
manage the system, OF these-perse►ns d-Orzr-Aly--resPGRSible f F gatheFi g the
iRf$rmatien;-the iRferreati9R submits isle the best-ef-FRY IEnewledge and
belief, true , assUrate, and- complete l arra aware that theFe aFe SigRifieaRt
penalties f8F SU13FRittiRg false i.,f..rFnBt' OROUdiRg the possibility of -An -e and
Ic,« .,f sep,ic-es fee- Lmewi..n vielatie ,, Move to 74-114
B. If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility of environmental matters for
the company, a new written authorization satisfying the requirements of the
Section must be submitted to the Director prior to or together with any
reports to be signed a Authorized Representative.
74-78. {-4,S} Wastewater Discharge Permit t -Decisions
The Director will evaluate the data furnished by the industrial user and may
require additional information. Within ten ( 10 ) business days of receipt of a
24
complete wastewater discharge permit application, the Director will determine
whether or not to issue a wastewater discharge permit. If no determination is
made within this time period, the application will be deemed denied. The
Director may deny any application for a wastewater discharge permit.
DIVISION
Fi Y W Elli1
WASTEWATER DISCHARGE PERMIT
ISSUANCE
74-86 {" Wastewater Discharge Permit Duration
Wastewater discharge permits shall be issued for a specified time period not to
exceed five (5) years. A wastewater discharge permit may be issued for a period
of less than five (5) years, at the discretion of the Director.
74-87 {&.� Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as specified in 48
rcn 403 8(f4(1)i;:i)(e) to prevent pass through or interference, protect the quality
of the of the body of water receiving the plant's effluent, protect worker health
and safety facilitate sludge management and disposal, protect ambient air
quality, and protect against damage to the POTW.
A. Wastewater discharge permits must contain the following conditions:
4 A statement that indicates when the wastewater discharge permit
duFatiee will expire and effective date. which no event shall exceed
five (G).
2. A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the mor CA, in
accordance with Seet4eR 5.5 74-90 and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge
permit.
25
3. Effluent limits applieab:e-te the ORa tF ' specified in 40 GFR
mvvicr�airu�ei—v'a` cciricv-rrr-�zr � c
403.8 (f)(:)i;::► (C). including Best Management Practices, based on
Pretreatment Standards;
4. Self-monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of
pollutants or BMPs to be monitored, sampling locations, sampling
frequency, and sample type. m -rd -,n,.^ w4h nn GFR 403.8 Ifll:l(iii) (n)
5. Statement of applicable civil, criminal, and administrative penalties for
violation of pretreatment standards and requirement, and any applicable
compliance schedule. Such schedule may not extend the time for
compliance beyond that required by applicable Federal, State , or Local
law.
6. Requirements to control Slug Discharge, if determined by the Director to
be necessary.
B. Wastewater Discharge permits may contain, but not limited to , the
following:
1. Limits on the average and / or maximum rate of discharge, time of
discharge, and/ or requirements for flow regulation and equalization.
2. Limits en- the
doily, and maRthly--average andjOF
Fn aximum eeneeAtFat+e, , Fnass,
stewateF pollutants OF PFOpeFties.
er ether FneaSUFe of identified
2. Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works.
3. Requirements for the Development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental , unanticipated , or routine
discharges.
4. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
5. The unit charge or schedule of industrial user charges and fees for the
management of the wastewater discharge to the POTW.
26
6. Requirements for installation and maintenance of inspection and
sampling facilities and equipment.
7. A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal, State, pretreatment standards, including those which
become effective during the term of the wastewater discharge permit.
8. Other conditions as deemed appropriate by the Director to ensure
compliance with this ordinance, and Federal, State laws rules, and
regulations.
74-88.(44) Wastewater Discharge Permit Appeals
Any person, including the industrial user, may petition the city to reconsider the
terms of a wastewater discharge permit within ten ( 10 ) days of its issuance.
A. Failure to submit a timely petition for review shall be deemed as a waiver
of administrative appeal.
B. In its petition, the appealing party must indicate the wastewater
discharge permit provision objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
D. If the City fails to act within ten (10) days, a request for reconsideration
shall be deemed to be denied. Decisions not to reconsider, not to issue
,or not modify a wastewater discharge permit, shall be considered final
administrative action for purposes of judicial review.
E. Aggrieved parties seeking judicial review of the final administrative action
of a wastewater discharge permit decision, must do so by filing a
complaint with the Harris County District Court within (30) days of such
final administrative action.
74-89 {-5-4} Wastewater Discharge Permit Modification
The Director may modify the wastewater discharge permit for good cause
including, but not limited to the following:
A. To incorporate any new or revised Federal, State, or Local pretreatment
standards or requirements;
27
B. To address significant alterations or additions to the industrial user's
operation processes, wastewater volume or character since the time of
the wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permittee's discharge poses a threat to
the City's POTW, City personnel or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application or any required reporting;
G. Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge
permit;
To reflect a transfer of the facility ownership and/ or operation to a new
owner and/ or operator.
The filing of a request by the permittee for a wastewater discharge permit
modification does not stay any wastewater discharge permit condition.
74-90 k -S 5. Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner
and or operator only if the permittee gives thirty ( 30 ) days advance notice to
the Director and the Director approves the wastewater discharge permit
transfer. The notice to the Director must include written certification by the new
owner and /or operator and the following:
A. Statement that new owner and/or operator has no immediate intent to
change the facility's operations and processes;
A. Identification of the specific date on which the transfer is to occur;
B. Acknowledgement of full responsibility for complying with the existing
wastewater discharge permit.
28
Failure to provide advance notice of a transfer renders the wastewater discharge
permit invalid on the date of the facility transfer.
74-91 {�} Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following reasons:
A. Failure to notify the Director of significant changes to the wastewater
prior to the changed discharge;
B. Failure to provide prior notification to the Director of changed conditions
pursuant to S^.5 74-105;
C. Misrepresentation of fully disclosing all relevant facts in wastewater
discharge permit;
D. Falsifying self monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the director timely access to the facility premises and
records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater survey or the wastewater discharge
permit application;
L. Failure to provide advance notice of the transfer or requirement, or any
terms of the wastewater discharge permit or the ordinance.
Wastewater discharge permits shall be void upon nonuse , cessation of
operations, or transfer of business ownership. All wastewater discharge permits
are void upon the issuance of a new wastewater discharge permit.
a. Wastewater Discharge Permit Reissuance
All industrial users shall apply for a wastewater discharge permit reissuance by
submitting a complete wastewater discharge permit application, thirty ( 30 )
29
days prior to the expiration of the industrial user's existing wastewater discharge
permit in accordance with Scion -4 6 74-77of this ice article.
DIVISION
Ei"! ..:
REPORTING REQUIREMENTS
74-101�� Baseline Monitoring Reports
A. Within 180 days after the effective date a categorical pretreatment
standard, or final administrative decision on a category determination
under 40 CFR 403.6 (a)(4), whichever is later, existing significant
industrial users subject to such categorical pretreatment standards, and
currently discharging to or scheduled to discharge to the POTW, shall be
required to submit to the City a report which contains the information
listed in paragraph (13)(1-7), below.
Ninety ( 90 ) days prior to commencement of a discharge, new sources
and sources that become industrial users subsequent to promulgation of
an applicable categorical standard shall be required to submit to the City
a report which contains the information in paragraph (13)(1-5), below. A
new source shall also be required to report the method of pretreatment
it intends to use to meet applicable pretreatment standards. A new
source shall also give estimates of its anticipated flow and quantity of
pollutants discharged.
B. The ORCIUStFial us F IU shall submit the information required by this
section including:
1. Identifying Information. All information required in Seetien
4x^,)74-76 of this article, includins the name, address, and
contact information of the facility including the name of the
operator and owners.
2. Wastewater Discharge Permits. A list of any environmental
control wastewater discharge permits held by or for the facility.
3. Description of Operation. A brief description of the nature,
average rate of production, and standard industrial classifications
of the operation(s) carried out by such industrial user. This
description should include a schematic process diagram which
30
indicates points of discharge to the POTW from the regulated
processes.
4. Flow Measurements. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary,
to allow use of the combined waste stream formula set out in 40
CFR 403.6 (e).
5. Measurement of Pollutants.
a. Identify the categorical pretreatment standards applicable
to each regulated process.
b. Submit the results of sampling and analysis identifying the
nature and concentration (and / or mass, where required
by the standard or by the City) of regulated pollutants in
the discharge form each regulated process.
Instantaneous, daily maximum and long term average
concentrations (or mass, where required) shall be
reported. The sample shall be representative of daily
operations and shall be analyzed in accordance with
sample procedures set out in S^iOR 640 74-110. In cases
where the standard requires compliance with a Best
Management Practice or pollution prevention alternative,
the IU shall submit documentation as required by the CA
of the applicable standards to determine compliance with
the standard.
C. Sampling must be performed in accordance with
procedures set out in Sectie^ 640 and Section 6.1174-110
and 74-111.
6. Certification. A statement reviewed by the industrial user's
authorized representative and certified by the qualified
professional, indicating whether pretreatment standards are
being met on a consistent basis and, if not, whether additional
operation and maintenance ( O & M ) and/or additional
pretreatment is required to meet the pretreatment standards and
requirements.
7. Compliance Schedule. If additional pretreatment and/or O&M
will be required to meet the pretreatment standards; the shortest
schedule by which the industrial user will provide such additional
pretreatment and/or O&M. The completion of this schedule shall
31
not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in
Seetme 74-102 of this nee article .
8. All Baseline Monitoring Reports must be signed and certified in
accordance with Ste„ 4.6 74-114.
74-102 *-.2-4Compliance Schedule Progress Report
The following condition shall apply to the schedule required by Seetien 64 (b)(7)
74-101 of the City's or-dinance this article. The schedule shall contain progress
increments in the form of dates for the commencement and completion of major
events leading to the construction and operation of additional pretreatment
required for the user to meet the applicable pretreatment standards (such
events include hiring an engineer, completing preliminary and final plans,
executing contracts for major components, commencing and completing
construction, beginning and conducting routine operation). No increment
referred to above shall exceed nine (9) months. The industrial user shall submit
a progress report to the Director no later than fourteen (14) days following each
date in the schedule and the final date of compliance, including as a minimum,
whether or not it complied with the increment of progress, the reason for any
delay, and if appropriate, the steps taken by the industrial user to return to the
established schedule. In no event shall more than nine -(9) months elapse
between such progress reports to the Director.
74-103{ - . Report on Compliance with Categorical Pretreatment Standard Deadlines
Within ninety (90) days following the date for completion with applicable
categorical pretreatment standards, or in the case of a new source following the
commencement of the introduction of wastewater into the POTW , any
industrial user subject to pretreatment standards and requirements shall submit
to the City a report containing the information described in Seetion 6.1 (9)(4 6)
74-101. For industrial user subject to equivalent mass or concentration limits
established in accordance with the procedures in 40CFR 403.6(c), this report
shall contain reasonable measure of the industrial user's long-term production
rate. For all other industrial users subject to categorical pretreatment standards
expressed in term allowable pollutant discharge per unit of production ( or other
measure of operation), this report shall include the industrial user's actual
production during the appropriate sampling period. All compliance reports must
be signed and certified in accordance with Section 4.6 74-76.
32
74-104 {&.: Periodic Compliance Reports
A--Any-All significant :rd„St-rO-,! SIUs subject to a etFeatmen+ star aFd
shall, at a fr-equeney deteFffliRed by t -hp- Derp-r--t-Or- bUt on no ease less than
+,.,:,.^ ^^. at least s:,, ( 6) enths a -+1 submit no less than twice
per year in JUNE and DECEMBER a report indicating the nature and
concentration of pollutants in the discharge which are limited by such
pretreatment standard and the measured or estimated average and
maximum daily flows for the reporting period. All peFiedie eemplianc^
iE`pAii$ must -l3e signed and ceFtlf^d In acccrdarccwith vectrniernrG Gf
thk ^.a:.,wwe In cases where the Pretreatment standard requires
compliance with a Best Management Practice or pollution prevention
alternative, the IU must submit documentation required by the Director
or the Pretreatment Standard necessary to determine the compliance
status of the IU.
B. All wastewater samples must be representative of the industrial user's
discharge. Wastewater monitoring and flow measurement facilities shall
be kept clean, and maintained in good working condition at all times.
The failure of an industrial user to keep its monitoring facility in good
working order shall not be grounds for the industrial user to claim that
sample results are unrepresentative of its discharge.
C. If an industrial user subject to the reporting requirement in and of this
section monitors any pollutant more frequently than required by the
City's POTW, using the procedures prescribed in S^�;on 6 74-110 and
74-111 of this or—dz'ir^ranee article, the results of this monitoring shall
included in the report.
74-105 � Report of Changed Conditions
Each industrial user is required to notify the Director of any planned significant
changes to the industrial user's operations or system which might alter the
nature, quality or volume of its wastewater at least thirty (30) days before the
change.
A. The Director may require the industrial user to submit such information
as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application
under Section 4.6 74-76.
B. The Director may issue wastewater discharge permit under S^-7
74-77 or modify a wastewater discharge permit under Section 5.4 74-89.
33
C. No IU shall implement the planned changed condition(s) until and unless
the Director has responded to the IUs notice.
D. For purposes of this requirement flow increases of ten percent (10%) or
greater, and the discharge of any previously unreported pollutants shall
be deemed significant.
74-106 k-&.6) Reports of Potential Problems
A. In the case of any discharge including, but no limited to accidental
discharges, discharges of a non -routine, episodic nature, a non -
customary discharge, or a slug load which cause potential problem for
the POTW (including a violation of the prohibited discharge standard in
Section 2.174-46 of this eFdinanr=e article, it is the responsibility of the
industrial user to immediately telephone and notify the City of the
incident. This notification shall include the location of discharge, type of
waste, concentration and volume, if known, and corrective action taken
by the industrial user.
B. Within five (5) days following such discharge, the industrial user shall,
unless waived by the Director, submit a detailed written report describing
the cause(s) of the discharge and the measures to be taken by the
industrial user to prevent similar future occurrences. Such notification
shall not relieve the industrial user of any expense, loss, damage, or
liability which may be incurred as a result of damage to the POTW,
natural resources, or any other damage to a person or property; nor shall
such notification relieve the industrial user of any fines, civil penalties, or
other liability which may be imposed by this ordinance.
C. Failure to notify the Director of a potential problem discharge shall be
deemed a separate violation of this ordinance.
D. A notice shall be permanently posted on industrial user's bulletin board
or other prominent place of advertising whom to call in the event of a
discharge described in paragraph A, above. Employers shall ensure that
all employees, who may cause or suffer such a discharge to occur, are
advised of the emergency notification procedure.
E. SIUs are required to notify the Director immediately of any changes at its
facility affecting the potential for a slug discharge.
34
74-107 {&7-4 Reports from Non -Categorical Industrial Users
Industrial users not subject to categorical pretreatment standards are subject to
reporting requirements as specified in 40 CFR 403.12(h).
74-108 {-�.8 Notice of Violation or Repeat Sampling and Reporting
If sampling performed by the industrial user indicates a violation, the industrial
user must notify the Director within twenty-four (24) hours of becoming aware
of the violation. The industrial user shall also repeat the sampling and analysis
and submit the results of the repeat analysis to the Director within thirty (30)
days after becoming aware of the violation. Industrial user is not required to
resample if the POTW performs sampling between the industrial's initial
sampling and when the industrial user receives the results of this sampling.
74-109 k4,94 Notification of the Discharge of Hazardous Waste
A. Any industrial user who commences the discharge of hazardous waste
shall notify the POTW, the EPA Regional Waste Management Division
Director, and State hazardous waste authorities in writing of any
discharge into the POTW of a substance which, if otherwise disposed of,
would be a hazardous waste under CFR Part 261. Such notification must
include the name of the hazardous waste set forth in 40 CFR Part 21, the
EPA hazardous waste number, and the type of discharge (continuous
batch or other). If the industrial user discharges more than ten (10)
kilograms of such waste per calendar month to the POTW, the
notification shall also contain the following information to the extent
such information is known and readily available to the industrial user:
1. An identification of the hazardous constituents contained in the
wastes,
2. An estimation of the mass and concentration of such constituents in
the wastewater discharged during that calendar month, and
3. An estimation of the mass and constituents in the waste stream
expected to be discharged during following twelve(12) months.
All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However,
notifications of changed discharges must be submitted under SerstieR 74-105
above. The notification requirement in this section does not apply to pollutants
already reported under the self-monitoring requirements of SeetieRs 1, " 74-
101, 74-103 and &.4 74-104 above.
B. Discharges are exempt from the requirements of paragraph (a) of the
City's ordinance during a calendar month in which they discharge no
35
more than fifteen(15) kilograms of hazardous waste, unless the wastes
are acute hazardous wastes as specified in 40 CFR 261.30 (d) and
261.33(e).
Discharge of more than fifteen (15) kilograms of non-acute hazardous
wastes in a calendar month, or any quantity of acute hazardous wastes as
specified in 40 CFR 261.30 (d) and 261.33(e), requires a one time
notification. Subsequent months which the industrial user discharges
more than such quantities of non hazardous waste do not require
additional notification.
C. In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste, the industrial
user must notify the POTW, the EPA Regional Waste Management
Division Director, and State hazardous waste authorities of the discharge
of such substance within ninety (90) days of the effective date of such
regulations.
D. In the case of any notification made under this section, the industrial user
shall certify that it has a program in place to reduce the volume and
toxicity of hazardous waste generated to the degree it has determined to
be economically practical.
74-110 *i-.� Analytical Requirements
All pollutant analysis, 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 CFR part 136, unless otherwise
specified in applicable categorical pretreatment standard. If 40 CFR part 136
does not contain sampling and analytical techniques for the pollutant in
question, sampling or analyses must be performed in accordance with
procedures approved by the EPA.
74-111 *424 Sample Collection
A. Except as indicated in Section B and C below, the industrial user must
collect wastewater samples using 24—hour flow proportional composite
collection techniques in the event few PF9PA_FtiG_AaI plin,, OS Gt
feasible, the—)ireeter rnay— uthe-+ae the use of time13.-813eFtOORRI
show compliaeseith iMtaRtaReeus d,S,.haFg limits unless time
proportional composite sampling or grab sampling is authorized by the
Director. Where time proportional composite sampling or grab sampling
is authorized by the CA, the the samples must be representative of the
36
discharge. Using protocols specified in 40CFR 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 can composited in the laboratory or in
the field; for volatile organics and oil and grease, the samples may be
composited in the laboratory. Composite for other parameters
unaffected by the compositing procedures as documented in approved
EPA methodologies may be authorized by the CA, as appropriate.
B. Samples for oil and grease and temperature, pH cyanide, phenols,
toxicity, sulfides, and volatile organic chemicals must be obtained using
the grab collection techniques.
C. For sampling required in support of baseline monitoring and 90 -day
compliance reports require Section 74-101 and 74-103 (40CFR
403.12(12)(b) and(d)), a minimum of four (4) 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 is available, the Director
may authorize a lower minimum. For report required by paragraphs in
Section 74-104 (40CFR 403.12(e) and 403.12(h)), the IU is required to
collect the number of grab samples necessary to assess and assure
compliance with applicable Pretreatment Standards and Requirements.
All analytical results submitted must include a copy of the chain of
custody forms.
MIN
74-112. Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the U. S. Postal Service, date of receipt of the report shall
govern.
37
74-112. Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the U. S. Postal Service, date of receipt of the report shall
govern.
37
74-113{6:44 ) Record Keeping
Industrial users shall retain, and make available for inspection and copying, all
records and information required to be retained under this ordinance. These
records shall remain available for a period of at least three (3) years. This period
shall be automatically extended for the duration of any litigation concerning
compliance with this ordinance, or where the industrial user has been
specifically notified of a longer retention period by the Director.
74-113. Certification Statement
A. Certification of Permit Applications, IU Reports
The following certification statement is required to be signed and submitted
by IUs submitting permit applications in accordance with Section 74-77 of
this article; IUs submitting baseline monitoring reports under Section 74-101
B(5) of this article; IUs submitting reports on compliance with categorical
Pretreatment Standards deadlines under Section 74-103 of this article; and
IUs submitting periodic compliance reports required by Section 74-104 A -D,
of this article . The following certification must be signed by an Authorized
Representative as defined in Section 74-39 C of this article:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
38
DIVISION
MIT .. I d Eti ,
COMPLIANCE MONITORING
74.121 {-7-4 Inspection and Sampling
The City shall have the right to enter the facilities of any industrial user to
ascertain whether the purpose of this ordinance, and any permit or order issued
hereunder, is being met and whether the industrial user is complying with all the
requirements thereof. Industrial users shall allow the Director or his
representative ready access to all parts of the premises for the purposes of
inspection, sampling, records examination and copying, and the performance of
any additional duties.
A. Where an industrial user has security measures in force which require
proper identification and clearance before entry into its premises, the
industrial user shall make necessary arrangements with its security
guards so that upon representation of suitable identification, personnel
from the City, State, and EPA will be permitted to enter without delay, for
the purposes of performing their specific responsibilities.
B. The City, State, and EPA shall have the right to set up on the industrial
user property, or require installation of , such devices as are necessary to
conduct sampling and/or metering of the users operations.
C. The City may require the industrial user to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe proper operating condition by the
industrial user at its own expense. All devices used to measure
wastewater flow and quantity shall be calibrated annually to ensure
accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
industrial facility to be inspected and/or sampled shall be promptly
removed by the industrial user at the written or verbal request of the
Superintendent and shall not be replaced. The costs of clearing such
access shall be born by the industrial user.
E. Unreasonable delays in allowing the City personnel access to the
industrial user premises shall be a violation of this ordinance.
39
F. The CA will conduct a minimum of one (1) on-site facility inspection
during each pretreatment year and collect a minimum of one (1)
monitoring samples during each pretreatment year on all SIUs and CIUs.
74-1221-4-24 Search Warrants
If the Director's authorized representative has been refused access to a building,
structure or property or any part thereof, and, if the Director's authorized
representative has demonstrated probable cause to believe that there may be a
violation of this ordinance, or that the need to inspect as part of a routine
inspection program of the City designed to verify compliance with this ordinance
or any permit or order issued hereunder , or to protect the overall public health,
safety and welfare of the community, then upon application by the City
Attorney, the Municipal Court Judge of the City may issue a search and/or seized
warrant describing therein the specific location subject to the warrant. The
warrant shall specify what, if anything, may be searched and/or seized on the
property described. Such warrant shall be served at reasonable hours by the City
Marshal. In the event of an emergency affecting public health, safety and
welfare, inspection shall be made without issuance of a warrant.
DIVISION
CONFIDENTIAL INFORMATION
74-131 {," Information and data on an industrial user obtained from reports,
surveys, wastewater discharge reports and monitoring programs, and from City
inspection and sampling activities, shall be available to the public without
restriction unless the industrial user specifically requests, and is able to
demonstrate to the satisfaction of the City, that the release of such information
would divulge information, processes or methods or production entitled to
protection as trade secrets under applicable State law. When requested and
demonstrated by the industrial user furnishing a report that such information
should be held confidential, the portions of a report which might disclose trade
secrets, or secrets processes shall not be available for inspection by the public,
but shall be made available immediately upon request to governmental agencies
for uses related to the NPDES/TPDES program or pretreatment program, or
industrial waste program, and enforcement proceedings involving the person
furnishing the report. Wastewater constituents and characteristics and other
"effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential
information and will be available to the public without restriction.
40
The provisions of this Section 8-74-131 shall be subject to the provisions of the
Texas Public Information Act, codified as Chapter 552, Texas Government Code.
In the event of a request under said Act for information which the industrial user
or the City may deemed confidential, the City shall request an opinion from the
Texas Attorney General as to whether such information is subject to disclosure.
DIVISION
ril—rii!•
PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE
74-141 The City shall publish annually, the IaFges dai4y a newspaper published"" +"ei
FauRieipal+ty wheFe the POT -W 'eca+ed of general circulation that provides
meaningful notice within the jurisdictions) served by the POTW, a list of
industrial users which, during the previous twelve (12) months, were in
significant noncompliance with applicable pretreatment standards and
requirements. The term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those
in which sixty-six percent (66%) or more of all of the measurements taken
during a six month period exceed (by any magnitude) the daily '~""°-
lima-er the average I�....- . r t11e-sarr+e-pollutantei =r; a numeric
Pretreatment Standard or Requirement , including Instantaneous Limits
as defined in Division 2 and 40CFR 403.3(1);
B. Technical Review Criteria (TRC) violation, defined here as those in which
thirty-three percent (33%) or more of the measurements for each
pollutant parameter taken during a six month period equal or exceed the
product of the daily maximum limit- OF the aveFage—;imit numeric
Pretreatment Standard or Requirement including Instantaneous Limits, as
defined in Division 2 and 40CFR 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 effluent limit or
Requirement as defined by 40 CFR 403.3(1) (daily maximum or long term
average, instantaneous limit, or narrative standard)) that the Director
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of POTW
personnel or the general public);
41
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 403.8 (f) (1) (vi)
(B) to halt or prevent such a discharge;
E. Failure to meet within ninety (90) days after the schedule date, a
compliance schedule milestone contained in a local control mechanism or
enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide, within thirty (30) days after the due date, required
reports such as baseline monitoring reports, best management practices
(BMP) compliance information, BMP periodic compliance reports, 90 -day
compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations, which may include a violation
of Best Management Practices, which the Director determines will
adversely affect the operation or implementation of the local
pretreatment program.
DIVISION
ADMINISTRATIVE ENFORCEMENT REMEDIES
74-151(-:84) Notification of Violation
Whenever the Director finds that any user has violated any portion of this
ordinance, a wastewater discharge permit, a pretreatment requirement or any
other violation of this ordinance hereunder, the Director or his agent may serve
upon said user a written Notice of Violation. (NOV). If a compliance date is not
set in the notice then it shall state "within ten (10) days of the receipt of this
notice, an explanation of the violation and a plan for satisfactory correction and
prevention thereof, to specific required action, shall be submitted by the user to
the Director or his agent". Submission of this plan in no way relieves the user of
liability for any violations occurring before or after the receipt of the Notice of
Violation. Nothing in this section shall limit the authority of the City to take any
action, including emergency actions, or any other enforcement action ,without
first issuing Notice of Violation.
42
74-152 ( 10.2) Consent Orders
The Director is hereby empowered to enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement
with any user responsible for noncompliance. Such orders will include specific
action to be taken by the user to correct the noncompliance within a time period
also specified by the order. Consent Orders shall be judicially enforceable.
74-153 ( 1� Show Cause Hearing
The Director may order any user which cause or contributes to violation(s) of this
ordinance, wastewater discharge permits, or orders issued hereunder, or any
other pretreatment standard requirement, to appear before the Director and
show cause why a proposed enforcement action should not be taken. Notice
shall be served on the user specifying the time and place for the meeting, the
proposed enforcement action, the reasons for such action, and request that the
user show cause why this enforcement action should not be taken. The notice of
the meeting shall be served personally or by registered or certified mail (return
receipt requested) at least five (5) days prior to the hearing. Such notice may be
served on any authorized representative of the user. Whether or not users
appears as ordered, immediate enforcement action may be pursued following
the hearing date. A show cause hearing shall not be a prerequisite for taking any
other action against the user.
104 c cccTaw NvI vt�ice of Violation /a*dPJ4DV4
useF Ratifying them of a violation. This
Retirze will
include the RatUFe
i a eemplianr=e
date, and the
43
. ..
. .
. .... .. . . ..
..... .. .. . . ..
..
..
. .... . .. .. .. .
...... . . .. .... . .. . .. . ..
43
Violation, nel• y eentiiRuing-violation. 'S-C--,Ree elf NIS Shall Ret- L,.,
pr-eFequisite to taking any ether action against the useF
74-151. Compliance Orders
When the Director finds that an IU has violated, or continues to violate, any
provision of this article, a wastewater discharge permit or order issued
hereunder, or any Pretreatment Standard or Requirement, The Director may
issue an order to the IU responsible for the discharge directing that the IU come
into compliance within a specified time. If the IU does not come into
compliance within the time provided, sewer service may be discontinued unless
adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain other
requirements to address the non compliance, including additional self-
monitoring and management practices designed to minimize the amount of
pollutant discharged to the POTW. A compliance order may not extend the
deadline for compliance established for a Pretreatment Standard or
Requirement, nor does a compliance order relieve the IU of liability for any
violation, including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other action against
the IU.
74-155 ( 1� Cease and Desist Orders
When the Director finds that an IU iz=elatin has violated , or continues to
violate any provision of a eFEITRance, the useF' wastewater discharge permit, any
order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the Director may issue an order
to the user directing it to cease and desist all violations and directing the user to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventative action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a prerequisite to taking any
other action against the user.
74-156 ( 10.6) Emergency Termination of Services
The Director may immediately suspend a user's discharge (after informal notice
to the user) whenever such suspension is necessary in order to stop an actual or
threatened discharge which reasonably appears to present, or cause an
imminent or substantial endangerment to the health, safety and welfare of the
44
public. The Director may also immediately suspend a user's discharge (after
notice and opportunity to respond) that threatens to interfere with the
operation of the POTW, or which presents or may present an endangerment to
the environment.
A. Any user notified of a suspension of its discharge shall immediately stop
or eliminate its contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the Director
shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW, its receiving stream, or endangerment to any individuals. The
Director shall allow the user to recommence its discharge when the user
has demonstrated to the satisfaction of the City that the period of
endangerment has passed, unless the termination proceedings set forth
in Seel .3 74-153and 74-157 are initiated against the user.
B. A IU that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence to the Director, prior to the date
of any show cause or termination hearing under Seetio^,z0.3 74-153 and
1" 74-158.
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
74-157 ( 1� Termination of Discharge
In addition to those provisions in Section 5.6 of this ordinance, any user that
violates the following conditions of this ordinance, wastewater permit, or orders
issued hereunder, is subject to discharge termination.
A. Violation of wastewater permit conditions.
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge.
C. Failure to report significant changes in operation or wastewater volume,
constituents and characteristics prior to discharge.
D. Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring or sampling.
E. Violation of the pretreatment standards in Sec -ties Dividion 2 of this
Ardwpanr-e article.
45
F. When compliance has not been met on a NIS letter. Such user will be
notified of the proposed termination of its discharge and be offered an
opportunity to show cause under this Section10.374-153 of this
c-e article why the proposed action should not be taken.
DIVISION
JUDICIAL ENFORCEMENT REMEDIES
74-166 ( 1� Injunctive Relief
Whenever the user has violated a pretreatment standard or requirement, or
continues to violate the provisions of this GFdinanee article, wastewater
discharge permit or orders issued hereunder, or any other pretreatment
requirement, the Director may petition the City of La Porte Municipal Court,
through the City's Attorney, for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance
of the wastewater discharge permit, order, or other requirement imposed by
this ordinance on activities of the industrial user. Such other action as
appropriate for legal and/or equitable relief may also be sought by the City. A
petition for injunctive relief need be filed as a prerequisite to taking any other
action against a user.
74-167( 11.2 ) Civil Penalties
A. Any user which has violated or continues to violate this ordinance, any
order or wastewater permit hereunder, or any other pretreatment
standard or requirement shall be liable to the City for a maximum civil
penalty of $2000.00 (Two Thousand Dollars) per violation per day. In the
case of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
B. The City may recover reasonable attorney's fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
C. In determining the amount of civil liability, the court shall take into
account all relevant circumstances, including but not limited to, the
extent of harm caused by the violation, the magnitude and corrective
46
action by the user, the compliance history of the user, and other factor as
justice requires.
D. Filing a suit for civil penalties shall not be a prerequisite for taking any
other action against a user.
74-168 ( 1, 1.3) Criminal Prosecution
A. Any user that willfully or negligently violates any provision of this
ordinance, any orders, or wastewater discharge permits issued
hereunder, or any other pretreatment requirement shall, upon
conviction, be guilty of a misdemeanor and, upon conviction, shall be
fined a maximum sum of $2,000.00 (Two Thousand Dollars). Each day
such violation continues shall constitute a separate offense.
B. Any user that willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and, upon conviction, shall be
fined a maximum sum of $2,000.00 (Two Thousand Dollars). Each day
such violation continues shall constitute a separate offense.
C. Any user knowingly making false statements, representations, or
certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
ordinance, wastewater discharge permit, or order, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device or
method required under this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, be fined a maximum sum of
$2,000.00 (Two Thousand Dollars). Each day such violation continues
shall constitute a separate offense.
74-169 ( 11.4) Remedies Nonexclusive
The provisions in SeetieRs 9 12 Divisions 9-12 are not exclusive remedies. The
City reserves the right to take any, all, or any combination of these actions
against a non-compliant user. Enforcement of pretreatment violations will
generally be in accordance with the City's enforcement response plan. However,
the City reserves the right to take other action against any user when the
circumstances warrant. Further, the City is empowered to take more
enforcement action against any non-compliant user. These actions may be taken
concurrently.
47
DIVISION
UCTI^"I12
SUPPLEMENTAL ENFORCEMENT ACTION
74-176 ( 1� Performance Bonds
The Director may decline to reissue a wastewater discharge permit to any user
which has failed to comply with the provisions of this ordinance, any orders, or a
previous wastewater discharge permit issued hereunder, unless such user first
files a satisfactory bond, payable to the City, in the sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance.
74-177 ( 1� Liability Insurance
The Director may decline to reissue a wastewater discharge permit to any user
which have failed to comply with the provisions of this ordinance, any orders, or
a previous wastewater discharge permit issued hereunder, unless the user first
submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
74-178 ( 12.3 ) Water Supply Severance
Whenever a user has violated or continues to violate the provisions of this
ordinance, orders, or wastewater discharge permits issued hereunder, water
service to the user may be severed. Service will only be reconnected, at the
user's expense, after it has satisfactorily demonstrated its ability to comply.
74-179 ( 1� Public Nuisances
Any violation of this ordinance, wastewater discharge permits, or orders issued
hereunder, is hereby declared a public nuisance and shall be corrected or abated
as directed by the Director or designee. Any person(s) creating a public nuisance
shall be subject to the provisions of the City Code 1358 governing such nuisance,
including reimbursing the City for any cost incurred in removing, abating or
remedying said nuisance.
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DIVISION
X13
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
74-186 "� Act of God.
A. Act of God. The Act of God defense constitutes a statutory affirmative
defense ( Texas Water Code 7.2511 in an action brought in municipal or
State court. If a person can establish that an event that would otherwise be
a violation of a pretreatment ordinance, or a permit issued under the
ordinance, was caused solely by an act of God , war, strike, riot or other
catastrophe, the event is not a violation of the ordinance or permit.
B. An industrial user who wishes to establish an Act of God Affirmative
defense shall demonstrate, through relevant evidence that:
1. An event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance occurred, and
the sole cause of the event was an act of God , war, strike, riot or
other catastrophe; and
2. The industrial user has submitted the following information to the
POTW and the City within 24 hours of becoming aware of the
event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance ( if this
information is provided orally, a written submission must be
provided within five days),
a). a description of the event, and nature and cause of the event;
b). the time period of the event, including exact dates and times
or , if still continuing, the anticipated time the event is expected
to continue; and
c), steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
C. Burden of proof. In any enforcement proceeding, the industrial user
seeking to establish an Act of God affirmative defense shall have burden
of proving by a preponderance of the evidence that an event that would
otherwise be a violation of a pretreatment ordinance or a permit issued
49
under the ordinance, was caused solely by an act of God , war, strike, riot
or other catastrophe.
74-187 (1:3.2 ) General / Specific Prohibitions
An industrial user shall have an affirmative defense to an enforcement action
except for those circumstances specifies in Secti R 24 A, Q, and u 74-46 A and B
and Section 74-64 B of this article of this ^rd—eRanee if it can proven that it did not
know or have reason to know that its discharge, along or in conjunction with
discharges from other sources, would cause pass through or interference and
that either:
C. A local limit exists for each pollutant discharged and the industrial user
was in compliance with each directly prior to, and during , the pass
through or interference, or
A. No local limit exists, but the discharge did not change substantially in
nature or constituents from the user's prior discharge when the City was
regularly in compliance with its 4PD€-9--TPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements
74-188. Bypass
A. For the purposes of this Section,
(1) Bypass means the intentional diversion of wastewater from any
portion of an IU's facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
B. An IU may allow any bypass to occur which does not cause Pretreatment
Standard or Requirements to be violated, but only if it is for essential
maintenance to assure efficient operation.
C. Bypass Notifications
( 1 ) If an IU knows in advance of the need for a bypass, it shall submit
prior notice to the Director, at least ten (10) calendar days before
the date of the bypass if possible.
50
( 2) A IU shall submit oral notice to the Director of an anticipated bypass
that exceeds applicable Pretreatment Standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (5) calendar days of the
time IUs becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; duration of the
bypass, including exact dates and times, and, if the bypass has not
been corrected, the anticipated time it is expected to continue; and
step taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Director may waive the written
report on a case-by-case basis if the oral report has been received
within twenty-four (24) hours.
D. Bypass
( 1 ) Bypass is prohibited, and the Director may take an enforcement
action against an IU for a bypass, unless
( a) The bypass was unavoidable, to prevent loss of life, personal
injury, or severe property damage;
( b) There were no feasible alternatives to the bypass, such as the
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment down time.
This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventative
maintenance; and
( c ) The IU submitted notices as required under paragraph C. of the
Section.
( 2 ) The Director may approve an anticipated bypass, after considering
its adverse effects, if the Director determines that it will meet the
three (3) condition listed in paragraph D. (1) of this Section.
51
DIVISION
Pqft tr.1, .Is Ell
CONTROL OF ADMISSIBLE WASTE
74-196 ( 14.1 ) Interceptors
Grease, oil, and sand interceptors shall be provided for the proper handling of
liquids wastes containing grease in excessive amounts, or any flammable wastes,
sand, and other harmful ingredients; except that such interceptors shall not be
required for private living quarters or dwellings. All interceptors shall be a type
and capacity approved by the City and shall be located to be readily and easily
accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall be
substantially constructed, watertight, and equipped with easily removable covers
which when bolted in place, shall be gas tight and watertight. Gfease and oil an
sand inkefeepter-s shall be fnai-pAained by the pefsen of petiait4ee, at their- expefts-e-,
in eenfinuetisly effieient operation at all time.
Grease and oil and sand interceptors shall be cleaned/maintained and repaired
by the person or permittee, at their expense, in continuously efficient operation
at all time. These interceptors shall be subject to the City's inspections.
Where the CA finds that the pretreatment is not being maintained in a manner
that will keep the IU in compliance with this article, the CA may specify required
cleaning frequency which will be imposed through their wastewater discharge
permit.
Restaurants, food service operations and other establishments with commercial
kitchen facilities shall have grease interceptors sized and designed by a
registered professional engineer in accordance with the City's current adopted
plumbing code.
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52
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74-197. Sample Wells
A. Within sixty (60) calendar days from the date of this article, any
person discharging or desiring to discharge an industrial mixture into
the public sewers of the City, or any sewer connected, shall provide
and maintain in a suitable, accessible position on the permittee's
premises, or such premises occupied by the permittee, a sample well
or manhole near the outlet of sewer, drain, pipe, channel, or
connection to the sewer or sewage works of the City.
Where the installation of a sample well is required by the Director, the IU
shall have sixty (60) calendar days to install one after the requirement is
written into their permit.
Each such manhole or sample well shall be of such construction and
design which will prevent infiltration by ground waters and surface
waters, and shall be so maintained by the permittee discharging wastes
so that any authorized representative, or employee of the City may
readily and safely measure the volume and obtain samples of the flow at
all times. Plans for construction of the sample well(s) shall be included
with the Wastewater Discharge Permit Application, and are subject to
approval by the Director.
B. Sampling of effluent or discharge may be accomplished manually, or
by the use of mechanical equipment, to obtain a composite sample
which would be representative of the total effluent. Samples shall be
taken at such intervals as to establish the BOD and Total Suspended
Solids of the industrial waste for billing purposes, as determined by
the City as necessary to maintain a control over the discharges from
the Permittee. Additionally, such grab composite samples as deemed
necessary by the City shall be taken at such intervals as to establish
the concentrations of prohibited discharges and pretreatment
standards as specified in this article. The method used in the
examination of all industrial wastes to determine BOD and TSS shall
be defined in 40 CFR Part 136.
54
DIVISION
F.FinahI 15
INDUSTRIAL COST RECOVERY SURCHARGE
74-206 (( 1� A permittee discharging industrial wastes with a BOD exceeding 250
mg/l, or a suspend solids content of greater than 300 mg/I, or both, and
meet all Sections, may be accepted for waste water disposal provided
that;
( a) The wastes will not cause damage to the collection system;
( b) The wastes will not impair the treatment process.
(c) The discharger of the waste enters into a contractual agreement with the
Control Authority providing for a surcharge over and beyond the normal
sewer rate. The surcharge for industrial discharge is to be calculated as
follows:
ISS = ( BOD + TSS ) x ( 0 &M cost ) x ( VOL) ;
250 300
ISS = represents Industrial Waste Surcharge in Dollars;
BOD represent the Biochemical Oxygen Demand in milligram per liter
( mg/I ). Note: Concentration less than or equal to 250mg/I will be
considered a value of zero.
TSS represents Suspended Solids in milligram per liter ( mg/I )
Note: Concentration less than zero or equal to 300mg/I will be
considered a value of zero.
O&M Cost represents operation and maintenance cost of POTW
wastewater treatment facility. Note: This cost is determined and
updated by the City periodically.
VOL represents Volume Discharged in Thousand of Gallons. The volume
of waste shall be determined by the same methods used to calculate the
normal sewer service charge, or by a sewage flow meter that has been
approved by the Director and purchased, installed, and maintained by
the permittee.
All flow rates, BOD, Total Suspended Solids and 0 & M values used in the
determination of the surcharge shall be reevaluated at least on an annual
basis.
55
d. The industrial waste surcharges provided for in this
ordinance shall be included as a separate item on the
regular bill for water and sewer charges and shall be paid
monthly in accordance with the existing practices.
Surcharges shall be paid at the same time that the sewer
charges of the permittee become due and payment for
sewer services shall not be accepted without payment also
of sewer surcharges.
DIVISION
SECTION 16
MISCELLANEOUS PROVISIONS
74-211(-1:6.-1-) Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of costs of
setting up and operating the Pretreatment Program, which may include:
A. Fees for wastewater discharge permit applications including the cost of
processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing an industrial user's discharge, and
reviewing monitoring reports submitted by industrial users;
C Fees for reviewing construction plans and responding to accidental
discharges ;
D. Fees for filing appeals;
E. Other fees as the City may deem necessary to carry out the requirements
of its pretreatment program. These fees related solely to the matters
covered by this ordinance and are separate from all other fees, fines and
penalties chargeable by the City.
Section 2. Appendix B, Chapter 74, "Utilities", Article II, Industrial Waste, is
hereby amended, and shall hereafter read as follows, to -wit:
"Article II. INDUSTRIAL WASTE
(a) Fine for violations of
Sections 11.3(A); 11.3(B); and 11.3(C)........$2,000.00"
56
Section 3. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such
invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared
to be the intention of this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or
clause, or part thereof, may be declared invalid.
Section 4. All ordinances and parts of ordinances inconsistent, or in conflict, with
this ordinance are hereby repealed, to the extent of such conflict only. Chapter 74, Utilities,
Article II, Industrial Waste, Sections 74-36 through 74-58, both inclusive, as codified in the
Code of Ordinances of the City of LaPorte, are expressly repealed as of the effective date
hereof; provided, however, the City of La Porte reserves all rights and remedies which may
have accrued to the City of La Porte for offenses which may have occurred prior to the
effective date of the repeal of said ordinances.
Section 5. The City Council of the City of La Porte shall review this ordinance at
least once every three (3) years; provided, however, the failure of the City Council of the
City of La Porte to so review this ordinance shall not affect the validity of this ordinance.
Section 6. This ordinance shall be effective as of the effective date established in
the issued TPDES permit or permit amendment that TCEQ will issue upon their final
approval of this ordinance. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper in the
City of La Porte at least once within ten (10) days after the passage of this ordinance.
Section 7. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
ON
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this day of , 2003 2011.
ATTEST:
N4afffia A. Gill
Patrice Fogarty
City Secretary
APPROVED:
Knex W. Askius
Clark Askins
Assistant City Attorney
IC
58
CITY OF LA PORTE
,.r,,...Y a r M Mayor
Luis R. Rigby
ORDINANCE NO. 2011- -33J I
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", ARTICLE II, "INDUSTRIAL WASTE",
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE
INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE, REGULATING THE
DISCHARGE OF INDUSTRIAL WASTE INTO PUBLIC SEWERS OF THE CITY OF LA PORTE,
TEXAS, PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES
RENDERED; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00), AS PROVIDED IN
APPENDIX B OF THE CODE OR ORDINANCES OF THE CITY OF LA PORTE; EACH DAY OF
VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE; CONTAINING SEVERABILITY AND
REPEALING CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte, Texas, has provided facilities for the collection and
treatment of sewage to promote the health, safety, and convenience of its people and for
the safeguarding of water resources common to all, and
WHEREAS, provision has been made in the design, construction, and operating of such
facilities to accommodate certain types and quantities of industrial wastes in excess of, and
in addition to, normal sewage, and
WHEREAS, it is the obligation of the producers of industrial wastes to defray the cost of the
waste treatment services rendered by the City of La Porte in linear proportion to the cost
of the waste treatment facilities and of the operation and maintenance costs, utilized in
treating the industrial wastes, and
WHEREAS, proper protection and operation of the collection and treatment facilities may
require either the excluding, pretreatment, or controlled discharge at point of origin of
certain types or quantities of industrial wastes,
PORTE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA
Section 1. Chapter 74, "Utilities", Article II, "Industrial Waste", is hereby
amended in its entirety as of the effective date hereof, and shall be replaced by the
following new Chapter 74, "Utilities", Article II, "Industrial Waste", of the Code of
Ordinances of the City of La Porte, to read as follows:
DIVISION 1
GENERAL PROVISIONS
Sec. 74-36 Purpose and Policv
This article sets forth uniform requirements for IUs of the publicly owned
treatment works (POTW) for the City of La Porte and enables the City of La Porte
to comply with all applicable State and Federal laws including the Clean Water
Act (33 U.S.C. 1251et seq.), and the General Pretreatment Regulations (40 CFR
Part 403). The objectives of this article are:
A. To prevent the introduction of pollutants into the POTW that will
interfere with operation of the POTW;
B. To prevent the introduction of pollutants into the POTW which will pass
through the POTW, inadequately treated into receiving waters or
otherwise be incompatible with the POTW;
C. To ensure that the quality of the POTW sludge is maintained at a level
which allows its use and disposal in compliance with statutes and
regulations;
D. To protect POTW personnel who may be affected by wastewater and
sludge in the course of their employment and to protect the general
public;
E. To improve the opportunity to recycle and reclaim wastewater and
sludge from the POTW;
F. To provide and adjust fees, as deemed appropriate, for the equitable
distribution of the rising costs of operation, maintenance, and
improvements/upgrades of the POTW. These fees assist in meeting
federal and state regulations for the treatment of the incoming
wastestream; and
G. To enable the City of La Porte POTW to comply with its TPDES permit
conditions and any other Federal or State laws.
This article shall apply to all IUs of the POTW. This article authorizes the issuance
of wastewater discharge permits; authorizes monitoring, compliance and
enforcement activities; establishes administrative review procedures; requires IU
reporting and provides for setting of fees for the equitable distribution of costs
resulting from the program established herein.
PA
Sec. 74-37. Administration
Except as otherwise provided, herein the Director of Public Works (Director) shall
administer, implement, and enforce the provisions of this article. Any powers
granted to or duties imposed upon the Director may be delegated by the
Director to other City personnel.
Sec. 74-38. Abbreviations
The following abbreviation shall have the designated meanings:
BOD
Biochemical Oxygen Demand
BMP
Best Management Practices
BMR
Baseline Monitoring Report
CA
Control Authority (The City of La Porte or "the City')
CFR
Code of Federal Regulations
COD
Chemical Oxygen Demand
EPA
Environmental Protection Agency
gpd
Gallons Per Day
lU
Industrial User
mg/I
Milligram Per Liter
NOV
Notice of Violation
POTW
Publicly Owned Treatment Works
RCRA
Resource Conservation and Recovery Act
SIU
Significant Industrial User
SNC
Significant Non Compliance
SIC
Standard Industrial Classification
TPDES
Texas Pollutant Discharge Elimination System
TSS
Total Suspended Solids
U.S.C.
United States Code
Sec. 74-39. Definitions
Unless a provision explicitly states otherwise, the following terms and phrases,
as used in this article, shall have meanings hereinafter designated.
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.
Approval Authority — Is the Executive Director of the TCEQ.
3
Authorized or Duly Authorized Representative of the Industrial User
1. A responsible corporate officer:
a. a president, secretary, treasurer, or a vice-president of
the corporation in charge of a principal business
function, or any other person who performs similar
policy- or decision making- functions for the
corporation; or
b. the manager of one or more manufacturing,
production, or operation facilities, provided, the
manager is authorized to make management decisions
which govern the operation of the regulated facility
including having the explicit or implicit duty of making
major capital investment recommendations, and
initiate and direct other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; can ensure that
the necessary systems are established or actions taken
to gather complete and accurate information for
permit requirements; and where authority to sign
documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2. If the IU is a partnership, or sole proprietorship an authorized
representative shall mean a general partner or proprietor,
respectively.
3. If the IU 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
and or her designee.
4. By a duly authorized representative of the individual designated
in paragraphs 1-3 above may designate another authorized
representative if the authorization is in writing if:
a. The authorization is made in writing by the individual
described in paragraphs 1-3 above.;
b. The authorization specifies either an individual or a position
having responsibility for the overall operation of the facility
from which the Industrial Discharge originates, such as the
position of plant manager, operator of a well, or well field
superintendent, or a position of equivalent responsibility, or
4
having overall responsibility for environmental matters for the
company; and
c. The written authorization is submitted to the CA
5. If authorization under paragraph 4 of this section, is no longer
accurate because a different individual or position has
responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new
authorization satisfying the requirement of paragraph 4 of this
section must be submitted to the CA prior to or together with
any reports to be signed by an authorized representative.
Best Management Practices
The schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the
prohibitions listed in Sections 74-46 through 74-49 (40 CFR 403.5(x)(1)
and (b)). BMPs include treatment requirements, operating procedures,
and practices to control plant site runoff, spillage, leaks, sludge or waste
disposal or drainage from raw material storage. BMPs also include
alternative means (i.e., management plans) of complying with, or in place
certain established categorical Pretreatment Standards and effluent
limits.
Biochemical Oxygen Demand ( BOD ) — The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory
procedure for five (5) days at twenty degrees centigrade (20°), usually
expressed as a concentration [ e.g., mg/1].
Categorical Pretreatment Standard or Categorical Standard - Any regulation
containing pollutant discharge limits promulgated by the U.S. EPA in
accordance with sections 307 (b) and (c) of the act (33 U.S.C. 1317) which
apply to a specific category of IUs and which appear in 40 CFR 405-471
and 40 CFR Chapter I, Subchapter N.
Categorical Industrial User - An IU subject to Categorical Pretreatment Standard
or Categorical Standard.
City - The City of La Porte or the City Council of La Porte.
Chemical Oxygen Demand ( COD ) - The measure of oxygen consumed from a
chemical oxidant, expressed as mg/l.
Composite Sample — Composite samples are used to measure the average
amount of pollutants, for which grab samples are not necessitated,
discharged during the composite period. Composite samples consist of a
5
collection of numerous individual discrete samples taken either time -
proportionally or flow -proportionally over a period of time, 24 hours or
less (where there is intermittent or batch dischargers). Flow -proportional
is preferable, but time -proportional composite samples may be
permitted where flow -proportional samples are not feasible, as long as, it
will still provide a representative sample.
Control Authority (CA) — The City of La Porte or "City".
Daily Maximum — The arithmetic average of all effluent samples for a pollutant
collected during a calendar day.
Daily Maximum Limit — The maximum allowable discharge limit of a pollutant
during a calendar day. Where Daily Maximum Limit is expressed in units
of mass, the daily discharge is the total mass discharged over the course
of the day. Where Daily Maximum Limit is expressed in terms of
concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all
measurements taken that day.
Director of Public Works or Designated Authorized Representative (Director) -
The person designated by the City to Administer, manage and supervise
the operation of the POTW, and who is charged with certain duties and
responsibilities by this article. The term also means a Duly Authorized
Representative of the Director of Public Works
Environmental Protection Agency or EPA — The U.S. Environmental Protection
Agency or where appropriate, the Regional Water Management Division
Director of Public Works, the Regional Administrator, or duly authorized
official of said agency.
Existing Source — Any source of discharge that is not a "New Source".
Grab Sample — A sample that is taken from a waste stream with regard to the
flow in the waste -stream and over a period of time not to exceed fifteen
(15) minutes.
Indirect Discharge or Discharge - The introduction of pollutants into the POTW
from any non-domestic source.
Instantaneous Limit — The maximum concentration of a pollutant allowed to be
discharged at any time, determined from analysis of any discrete or
composite sample collected, independent of the industrial flow rate and
the duration of the sampling event.
6
interference — A discharge which alone or in conjunction with a discharge or
discharges from other sources which inhibits or disrupts the POTW, its
treatment processes, or operations, sludge processes or disposal or
causes a violation of any requirement of the POTW TPDES permit or of
the prevention of sewage sludge use or disposal in compliance with any
of the following statutory/ regulatory provisions or permits issued
hereunder, or any more stringent State or local regulations: section 405
of the Act; the Solid Waste Disposal Act, including Title II or RCRA; any
State sludge management plan prepared pursuant to Subtitle D of the
Solid Waste Disposal Act; Clean Air Act; Toxic Substances Control Act; and
the Marine Protection Research, and Sanctuaries Act.
Monthly Average Limit — The highest allowable average of daily discharges over
a calendar month , calculated as the sum of all daily discharges measured
during a calendar month divided by the number of daily discharges
measured during the month.
Medical Waste — Isolation wastes, infectious agents, human blood and blood by -
wastes products, pathological waste, sharps, body parts, etiologic,
contaminated bedding, surgical potentially contaminated laboratory
wastes and dialysis wastes.
New Source -
(1) 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 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:
(a) The building, structure, facility or installation is
constructed at a site at which no other source is located;
or
(b) The building, structure, facility or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
(c) The production or wastewater generating processes of the
building, structure, facility or installation is 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
activity as the existing source, should be considered.
(2) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not
7
create a new building, structure, facility or installation meeting the
criteria of Section 1(b) or (c) above but otherwise alters, replaces, or add
to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
(a) Begun, or caused to begin as part of a continuous onsite
construction program:
(i) Any placement, assembly, or installation of
facilities or equipment, or
(ii) Significant site preparation work including clearing,
excavation, or removal of existing building,
structure, or facilities which is necessary for the
placement, assembly, or installation of a new
source facilities or equipment.
(b) Entered into a binding contractual obligation for the purchase
of facilities or equipment which is intended to be used in its
operation within 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 paragraph.
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.
Pass Through — A discharge which exits the POTW into water of the U. S. 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 City's TPDES permit, including an increase in the
magnitude or duration of a violation.
Person — Any individual, partnership, co -partnership, firm, company, corporation,
their association, joint stock company, trust, estate, governmental entity
or any other legal entity, or legal representatives, agents or assigns. This
definition includes all Federal, State, or Local governmental entities.
pH — A measure of the acidity or alkalinity of a substance, expressed in standard
units.
Pollutant — Any dredged spoil, solid waste, incinerator residue, sewage, garbage,
sewage sludge, munitions, medical wastes, chemical wastes, industrial
wastes, biological materials, radioactive materials, heat, wrecked or
discharge equipment, rock, sand, cellar dirt, agricultural and industrial
8
wastes, and the characteristics of the wastewater ( i.e.; pH, temperature,
TSS, turbidity, color, BOD, CBOD, toxicity, and odor)).
Pretreatment — The reduction of the amount of pollutants, the elimination of
pollutants or the alteration of the nature of pollutant properties in the
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
applicable pretreatment standard.
Pretreatment Requirements — Any substantive or procedural requirement
related to pretreatment imposed on an IU, other than a pretreatment
standard.
Pretreatment Standards or Standard — National Pretreatment Standard, shall
mean prohibitive discharge standards, categorical pretreatment
standards, and local limits.
Process Wastewater — 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.
Prohibitive Discharge — Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in Section 74-46 of this article.
Publicly Owned Treatment Works ( POTW ) — A treatment works as defined by
Section 212 of the Act ( 33 U.S.C. 1292 ), which is owned by the State or
Municipality. This definition includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage or
industrial wastes and any conveyances only if they convey wastewater to
a treatment plant.
Septic Tank Waste — Any sewage from holding tanks such as vessels, chemical
toilets, campers, trailers, and septic tanks.
Sewage — Human excrement and gray water (household showers, dishwashing
operation, etc.); a combination of water -carried waste from residences,
buildings, institution, and industrial establishments.
Significant Industrial User ( SIU ) —Shall apply to:
1) an IUs subject to categorical pretreatment standards; and
2) any other IU that;
a. discharges an average of 25,000 gpd or more of process
wastewater ( excluding sanitary, non -contact cooling, and
boiler blow down wastewater).
b. contributes a process waste stream which make up S
percent or more of the average dry weather hydraulic or
organic capacity of the plant or,
c. is designated as significant by the CA based on the
reasonable potential that the IU can adversely affect the
POTW's operation or for violating any pretreatment
standard or requirement.
Significant Non-compliance — Any IU in noncompliance with applicable
pretreatment standards and requirements during the previous 12 month
period as applicable with Section 74-141.
Slug Load — Any discharge at a flow rate or concentration which could cause a
violation of the prohibitive discharge standards in Section 74-146 of this
article or any discharge of a non -routine, episodic nature, including but
not limited to, an accidental spill or a non -customary batch discharge,
which was a reasonable potential to cause interference or pass through,
or in any other way violate the POTW's regulations, local limits, or permit
conditions.
Standard Industrial Classification Code (SIC) - A classification pursuant to the
Standard Classification Manual issued by the U.S. Office Management and
Budget
Storm Water — Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation, including snowmelt.
Total Suspended Solids (TSS) or Suspended Solids — The total suspended matter
that floats on the surface of, or is suspended in, water, wastewater, or
other liquid, that is removable by laboratory filtering.
User or Industrial User - A source of indirect discharge.
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.
Shall is mandatory; may is permissive or discretionary; the use of the singular
shall be construed to include the plural and plural shall include singular as
indicated by the context of its use.
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DIVISION 2
GENERAL SEWER USE REQUIREMENTS
Sec. 74-46. Prohibitive Discharge Standards
No IU shall introduce or cause to be introduced into the POTW any pollutant or
wastewater which causes pass through or interference. These general
prohibitions apply to all IUs of the POTW whether they are subject to categorical
pretreatment standards or any National, State or local pretreatment standards
or requirement. No IU may contribute the following substances to the POTW.
A. Pollutants which create a fire or explosion hazard in the municipal
wastewater collection and POTW, including, but not limited to, waste
streams with a closed -cup flash point of less than one hundred -forty
degrees Fahrenheit (1400F)(sixty degrees Centigrade (60°C)) using the
test methods specified in 40 CFR 261.21.
B. Any wastewater having a pH less than 5.5 or more than 9.5 or otherwise
causing corrosive structural damage to the POTW or equipment, or
endangering City personnel.
C. Solid or viscous substances in amounts which will cause obstruction of
flow in the POTW resulting in interference, such as ashes, cinders, sand,
mud, straw, shavings, metal, glass, rags, feathers, fish scales, tar, plastics,
wood, whole blood, paunch manure, hair, fleshing, entrails, lime slurry,
lime residues, slops, chemical residues, paint residues, or bulk solids.
D. Any wastewater containing pollutants, including oxygen demanding
pollutants ( BOD ), released in a discharge at a flow rate and/ or pollutant
concentration which either singularly or by interaction with other
pollutants, will cause interference with either the POTW; or any
wastewater treatment or sludge process, or will constitute a hazard to
humans or animals.
E. Any wastewater having a temperature greater than one hundred -fifty
degrees Fahrenheit (150° F)( sixty-five degrees Centigrade (65°C) ) or
which will inhibit biological activity in the POTW resulting in interference,
but in no case wastewater which causes the temperature at the
introduction into the POTW to exceed one hundred and four degrees
Fahrenheit (1040F)(forty degrees Centigrade (400C)).
11
F. Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause interference or pass through.
G. Any pollutants which result in the presence of toxic gases, vapors, or
fumes within the POTW in a quantity that may cause acute worker health
and safety problem.
H. Any noxious or malodorous liquids, gases, solids, or other wastewater
which singly or by interaction with other wastes, are sufficient to create a
public nuisance, a hazard to life, or to prevent entry into the sewers for
maintenance and repairs.
Any wastewater which imparts color which cannot be removed by the
treatment process, such as, dye waste, and vegetable tanning solution,
which consequently imparts color to the POTW's effluent thereby
violating the City's TPDES permit. Color, in combination with turbidity,
shall not cause the POTW effluent to reduce the depth of compensation
point for photosynthetic activity by more than ten (10) percent from the
seasonably established norm for aquatic life.
J. Any wastewater containing any radioactive wastes or isotopes except as
specifically approved by the Director in compliance with applicable State
or Federal regulations.
K. Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate,
deionized water, non -contact cooling water, and unpolluted industrial
wastewater unless specifically authorized by the Director.
L. Any sludge, screenings, or other residues from the pretreatment of
industrial wastes.
M. Any medical waste, except as specifically authorized by the Director in a
wastewater discharge permit.
N. Any wastewater causing the POTW's effluent to fail a toxicity test.
0. Any wastes containing detergents, surface active agents, or other
substances which may cause excessive foaming in the POTW.
P. Any discharge of fat, oils, or greases of animal origin is limited to 200
mg/1.
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Sec. 74-47. National Categorical Pretreatment Standards
IUs must comply with the national categorical pretreatment standards found in
40 CFR 405-471 and 40 CFR Chapter I, Subchapter N.
A. When wastewater subject to a categorical Pretreatment Standard is mixed
with wastewater not regulated by the same Standard, the Director shall
impose an alternate limit in accordance with 40 CFR 403.6(e).
B. Once included in its permit, the Industrial User must comply with the
equivalent limitations developed in this Section in lieu of the promulgated
categorical Standards from which the equivalent limitations were derived.
C. Many categorical Pretreatment Standards specify one limit for calculating
maximum daily discharge limitations and a second limit for calculating
maximum Monthly Average, or 4 -day average, limitations. Where such
Standards are being applied, the same production or flow figure shall be used
in calculating both the average and the maximum equivalent limitation.
D. Any IU operating under a permit incorporating equivalent mass or
concentration limits calculated from a production -based Standard shall notify
the Director within two (2) business days after the IU has a reasonable basis
to know that the production level will significantly change within the next
calendar month. Any IU not notifying the Director of such anticipated
change will be required to meet the mass or concentration limits in its permit
that were based on the original estimate of the long term average
production rate.
74-48. State Pretreatment Standards
IUs must comply with the state pretreatment standards found in Texas
Administrative Code 30, chapters 307 and 315.
74-49. Local Limits
A. The Director is authorized to establish Local Limits pursuant to 40CFR403.5(c).
B. The following pollutant limits are established to protect against Pass Through
and Interference.
13
Under this article, the maximum daily average allowable pollutant
concentrations are stated in milligram per liter (mg/1).
(1)
Arsenic
1.108
(2)
Cadmium
0.284
(3)
Chromium
1.377
(4)
Copper
0.43
(5)
Lead
0.141
(6)
Mercury
0.005
(7)
Nickel
0.075
(8)
Selenium
2.1
(9)
Silver
0.66
(10)
Zinc
2.295
C. The above limits apply at the point where the wastewater is discharged to
the POTW. All concentrations for metallic substances are for total metals
unless indicated otherwise. The Director may impose mass limitations in
addition to the concentration -based limitations above.
74-50. City's Right of Revision
The City reserves the right to establish, by ordinance or in wastewater discharge
permits, more stringent standards or requirements on discharges to the POTW if
deemed necessary to comply with the objectives presented in Section 74-36 of
this article or the general and specific prohibitions in Section 74-46 of this article.
74-51. Dilution
No IU shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as partial or complete substitute for adequate treatment to
achieve compliance with a discharge limitation unless expressly authorized by
the applicable pretreatment standard or requirement. The Director may impose
mass limitation on IUs, which are using dilution to meet applicable pretreatment
standards or requirements, or in other case when the imposition of mass
limitations is appropriate.
DIVISION 3
PRETREATMENT OF WASTEWATER
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74-61. Pretreatment Facilities
IUs shall provide necessary wastewater treatment as required to comply with
this article and shall achieve compliance with all applicable categorical
pretreatment standards, local limits and the prohibitions set out in Section 74-46
above within the time limitations specified by the EPA, the State, or the Director.
Any facilities required to pre -treat wastewater to a level acceptable to the
Director shall be operated and maintained at the industrial waste IU's expense.
Detailed plans showing the pretreatment facilities and operating procedures
shall be submitted to the Director for review, and shall be acceptable to the
Director before construction of the facility. The review of such plans and
operating procedures will in no way relieve the IU from the responsibility of
modifying the facility as necessary to produce an acceptable discharge to the
POTW under the provisions of this article.
74-62. Additional Pretreatment Measures
A. Whenever deemed necessary, the Director may require IUs to restrict
their discharge during peak flow periods, designate that certain
wastewater be discharged only into specific sewers, relocate and /or
consolidate points, separate sewage waste -streams and such other
conditions as may be necessary to protect the POTW and determine the
IU's compliance with the requirements of this article.
B. Each permittee discharging into the POTW greater than 120,000 gallons
per day or greater than 5 percent of the average daily flow in the POTW,
whichever is lesser, shall install and maintain, on their property and at
their expense, a suitable storage and flow control facility to insure
equalization of flow over a twenty-four (24) hour period. The facility shall
have the capacity for at least Two Hundred percent (200%) of the daily
discharge volume and shall be equipped with alarms and a rate of
discharge controller, the regulation of which shall be directed by the
Director. A wastewater discharge permit may be issued solely for flow
equalization.
C. Grease, oil and sand interceptors shall be provided when, in the opinion
of the Director, they are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil or sand; except that such
interceptors shall not be required for residential users. All interceptors
units shall be of type and capacity approved by the City and shall be so
located to be easily accessible for cleaning and inspection. Such
interceptors shall be cleaned/repaired as needed or more often if CA
deems necessary, by the permittee at their own expense. These
interceptors shall be subject to the CA's inspections.
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D. IUs with the potential to discharge flammable substances may be
required to install and maintain an approved combustible gas detector
meter.
E. At no time shall two readings on an explosion hazard meter at the point
of discharge into the POTW, or at any point in the POTW, be more than
five percent (S%) nor any single reading over ten percent (10%) of the
lower explosive limit (LEL) of the meter.
74-63. Accidental Discharges /Slue Discharge Control Plan
The Director shall evaluate within one year of being designated as an SIU,
whether each SIU needs an accidental discharge/slug discharge control plan or
other action to control slug discharges. The results of such activities shall be
available to the Approval Authority upon request. The Director may require any
IU to develop, submit for approval and implement such a plan or take such other
action necessary to control Slug Discharges. Alternatively, the Director may
develop such a plan for any IU. An accidental discharge/slug discharge control
plan shall address, at minimum, the following:
A. Description of discharge practices, including non routine batch
discharges;
B. Description of stored chemicals;
C. Procedures for immediately notifying the Director of any
accidental or Slug discharge, as required in Section 74-106 of this
article; and
D. Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but not limited to, inspection
and maintenance of storage areas, handling and transfer of
materials, loading and unloading of operations, control of plant
site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants,
including solvents, and/measures and equipment for emergency
response.
16
74-64. Hauled Waste
A. Septic domestic tank waste may be introduced into the POTW only at
location designated by the Director and at such times as established by
the Director. Such waste shall not violate Division 2 of this article or any
other requirements established by the City. The Director may require
septic tank waste haulers to obtain wastewater discharge permit.
B. No hauled in industrial waste may be discharged to the City's sanitary
sewer system or the POTW.
DIVISION 4.
WASTEWATER DISCHARGE PERMIT ELIGIBILITY
74-71. Wastewater Survey
When requested by the Director, all IUs must submit information on the nature
and characteristics of its wastewater by completing a Wastewater Discharge
Survey and a Wastewater Discharge Permit Application thirty (30) calendar days
prior to commencing their discharge. The Director is authorized to prepare forms
for this purpose and may periodically require IUs to update this information,
completing a Wastewater Discharge Survey and Application prior to commencing
their discharge. Failure to complete or submit shall be considered a violation of
the Industrial Waste Ordinance.
74-72. Wastewater Discharge Permit Requirements
A. No SIU shall discharge wastewater into the POTW without obtaining a
wastewater discharge permit from the Director, except that a SIU that has
filed a timely application pursuant to Section 74-73 of this article may
continue to discharge for the time period specified therein.
B. The Director may require other Users to obtain wastewater discharge
permits as necessary to carry out the purposed of this article.
C. Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of this article and subjects the wastewater
discharge permittee to the sanctions set out in Division 10 through 12 of this
article. Obtaining a wastewater discharge permit does not relieve a
permittee of its obligation to comply with all Federal and State Pretreatment
Standards or requirements or any other requirements of Federal and State
and local law.
17
74-73. Wastewater Discharge Permitting: Existing Connections
Any User required to obtain a wastewater permit who was discharging
wastewater into the POTW prior to the effective date of this article and who
wishes to continue such discharges in the future, shall, within ninety (90)
calendar days after said date, apply to the Director for a wastewater discharge
permit in accordance with Section 74-75 below, and shall not cause and allow
discharges to the POTW to continue after ninety (90) calendar days of the
effective date of this article except in accordance with a wastewater discharge
permit issued by the Director.
74-74. Wastewater Discharge Permitting: New Connections
Any User required to obtain a wastewater permit who proposes to begin or
recommence discharging into the POTW must obtain such permit prior to the
beginning or recommencing of such discharge. An application for this
wastewater permit, in accordance with Section 74-75 of this article, must be filed
at least thirty (30) calendar days prior to the date upon which any discharge will
begin or recommence.
74-75. Wastewater Discharge Permitting: Extra Jurisdictional Connections
A. All existing and/or new IUs located beyond the City limits shall submit a
wastewater discharge permit application, in accordance with Section 74-76 of
this article. The Wastewater discharge application shall be submitted to the
CA thirty (30) calendar days prior to date of permit expiration or proposed
date of discharge or for new IUs at least thirty (30) calendar days from the
date they receive a permit application from the City.
B. Alternatively, the Director may enter into an agreement with the neighboring
jurisdiction in which the IU is located to provide for the implementation and
enforcement of the industrial waste pretreatment program requirements.
74-76. Wastewater Discharge Permit Apolication Contents
All IUs required to obtain a wastewater permit must submit a permit application.
IUs that are eligible may request a permit under Section 74-76 of this article.
The Director may require IUs to submit all or some of the following information
as part of a permit application.
18
A. Identifying Information.
1. The name and address, including the name of the operator and
owner.
2. Contact information, description of activities, facilities, and plant
production processes;
B. Environmental Permits. A list of any environmental control held by or for the
facility.
C. Description of Operations.
1. A brief description of the nature, average rate of production
(including each product produced by type, amount, processes and
rate production, and SIC number(s) of operation(s) carried out by
each IU. This description should include a schematic process diagram,
which indicates points of discharge to the POTW from regulated
processes.
2. Types generated, and list of all raw materials and chemicals used or
stored at the facility which are, or could accidentally or intentionally
be discharged to the POTW.
3. Number and type of employees, hours of operation, and proposed or
actual hours of operation.
4. Type and amount of raw materials processed (average and maximum
per day).
5. Site plans, floor plans, mechanical and plumbing plans and details to
show all sewer, floor drains and appurtenances by size, location, and
elevation, and all point of discharge.
D. Time and duration of discharges;
E. The location for monitoring all wastes covered by the permit;
F. Flow Measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from a regulated
process streams and other streams, as necessary, to allow use of the
combined waste stream formula set out in Section 74-101(40 CFR 403.6(e)).
G. Measurement of Pollutants
1. The categorical Pretreatment Standards applicable to each regulated
process and any new categorically regulated processes for Existing
Sources.
19
2. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the Standard or by the
Director of Public Works, of regulated pollutants in the discharge from
each regulated process.
3. Instantaneous, Daily Maximum, and longterm average concentrations, or
mass, where required shall be reported.
a. The sample shall be representative of daily operations and shall
be analyzed in accordance with procedures set out in Section 74-
110 of this article. Where the Standard requires compliance with a
BMP or pollution prevention alternative, the IU shall submit
documentation as required by the Director or applicable
Standards to determine compliance with the Standard.
b. Sampling must be performed in accordance with procedures set
out in Section 74-111 of this article.
c. In cases where the Standard requires compliance with a Best
Management Practice or pollution prevention alternative, the IU
shall submit documentation as required by the Control Authority
of the applicable Standards to determine compliance with the
Standard.
74-77. Application Signatories and Certification
A. All wastewater discharge permit applications, IU reports and certification
statements must be signed by an Authorized Representative of the IU and
contain the certification statement in Section 74-114 of this article.
B. If the designation of an Authorized Representative is no longer accurate
because a different individual or position has responsibility for the overall
operation of the facility or overall responsibility of environmental matters for
the company, a new written authorization satisfying the requirements of the
Section must be submitted to the Director prior to or together with any
reports to be signed a Authorized Representative.
74-78. Wastewater Discharge Permit Decisions
The Director will evaluate the data furnished by the IU and may require
additional information. Within ten (10) business days of receipt of a complete
wastewater discharge permit application, the Director will determine whether or
not to issue a wastewater discharge permit. If no determination is made within
this time period, the application will be deemed denied. The Director may deny
any application for a wastewater discharge permit.
20
DIVISION 5
WASTEWATER DISCHARGE PERMIT
ISSUANCE
74-86. Wastewater Discharge Permit Duration
A wastewater discharge permit shall be issued for a specified time period, not to
exceed five (5) years from the effective date of the permit.
A wastewater discharge permit IU permit may be issued for a period of less than
five (5) years, at the discretion of the Director.
74-87. Wastewater Discharge Permit Contents
Wastewater discharge permits shall include such conditions as specified to
prevent pass through or interference, protect the quality of the of the body of
water receiving the plant's effluent, protect worker health and safety facilitate
sludge management and disposal, protect ambient air quality, and protect
against damage to the POTW.
A. Wastewater discharge permits must contain the following conditions:
1. A statement that indicates when the wastewater discharge permit will
expire and effective date.
2. A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the CA in accordance with
Section 74-90 of this article and provisions for furnishing the new owner
or operator with a copy of the existing wastewater discharge permit.
3. Effluent limits, including Best Management Practices, based on
Pretreatment Standards;
4. Self-monitoring, sampling, reporting, notification, and record keeping
requirements. These requirements shall include an identification of
pollutants or BMPs to be monitored, sampling locations, sampling
frequency, and sample type.
5. Statement of applicable civil, criminal, and administrative penalties for
violation of pretreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliance beyond that required by applicable Federal, State, or
Local law.
21
6. Requirements to control Slug Discharge, if determined by the Director to
be necessary.
B. Wastewater discharge permits may contain, but not limited to, the
following:
1. Limits on the average and/or maximum rate of discharge, time of
discharge, and/ or requirements for flow regulation and equalization.
2. Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works.
3. Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or routine
discharges.
4. Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW.
5. The unit charge or schedule of IU charges and fees for the management
of the wastewater discharge to the POTW.
6. Requirements for installation and maintenance of inspection and
sampling facilities and equipment.
7. A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all
applicable Federal, State, pretreatment standards, including those which
become effective during the term of the wastewater discharge permit.
8. Other conditions as deemed appropriate by the Director to ensure
compliance with this article, and Federal, State laws rules, and
regulations.
74-88. Wastewater Discharge Permit Appeals
Any person, including the IU, may petition the City to reconsider the terms of a
wastewater discharge permit within ten (10) business days of its issuance.
22
A. Failure to submit a timely petition for review shall be deemed as a waiver
of administrative appeal.
B. In its petition, the appealing party must indicate the wastewater
discharge permit provision objected to, the reasons for this objection,
and the alternative condition, if any, it seeks to place in the wastewater
discharge permit.
C. The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
D. If the City fails to act within ten (10) business days, a request for
reconsideration shall be deemed to be denied. Decisions not to
reconsider, not to issue, or not modify a wastewater discharge permit,
shall be considered final administrative action for purposes of judicial
review.
E. Aggrieved parties seeking judicial review of the final administrative action
of a wastewater discharge permit decision must do so by filing a
complaint with the Harris County District Court within thirty (30) calendar
days of such final administrative action.
74-89. Wastewater Discharge Permit Modification
The Director may modify the wastewater discharge permit for good cause
including, but not limited to the following:
A. To incorporate any new or revised Federal, State, or Local pretreatment
standards or requirements;
B. To address significant alterations or additions to the IU's operation
processes, wastewater volume or character since the time of the
wastewater discharge permit issuance;
C. A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
D. Information indicating that the permittee's discharge poses a threat to
the City's POTW, City personnel or the receiving waters;
E. Violation of any terms or conditions of the wastewater discharge permit;
F. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application or any required reporting;
23
G. Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
H. To correct typographical or other errors in the wastewater discharge
permit;
I. To reflect a transfer of the facility ownership and/ or operation to a new
owner and/ or operator.
The filing of a request by the permittee for a wastewater discharge permit
modification does not stay any wastewater discharge permit condition.
74-90. Wastewater Discharge Permit Transfer
Wastewater discharge permits may be reassigned or transferred to a new owner
and or operator only if the permittee gives thirty (30) calendar days advance
notice to the CA and the Director approves the wastewater discharge permit
transfer. The notice to the Director must include written certification by the new
owner and /or operator and the following:
A. Statement that the new owner and/or operator has no immediate intent
to change the facility's operations and processes;
B. Identification of the specific date on which the transfer is to occur;
C. Acknowledgement of full responsibility for complying with the existing
wastewater discharge permit.
Failure to provide advance notice of a transfer renders the wastewater discharge
permit invalid on the date of the facility transfer.
74-91. Wastewater Discharge Permit Revocation
Wastewater discharge permits may be revoked for the following reasons:
A. Failure to notify the Director of significant changes to the wastewater prior to
the changed discharge;
B. Failure to provide prior notification to the Director of changed conditions
pursuant to Section 74-105.
C. Misrepresentation of fully disclosing all relevant facts in wastewater discharge
permit;
24
D. Falsifying self monitoring reports;
E. Tampering with monitoring equipment;
F. Refusing to allow the Director timely access to the facility premises and records;
G. Failure to meet effluent limitations;
H. Failure to pay fines;
I. Failure to pay sewer charges;
J. Failure to meet compliance schedules;
K. Failure to complete a wastewater discharge survey or the wastewater discharge
permit application;
L. Failure to provide advance notice of the transfer or requirement, or any terms of
the wastewater discharge permit or the article.
Wastewater discharge permits shall be void upon nonuse, cessation of
operations, or transfer of business ownership. All wastewater discharge permits
are void upon the issuance of a new wastewater discharge permit.
74-92. Wastewater Discharge Permit Re -issuance
All IUs shall apply for a wastewater discharge permit re -issuance by submitting a
complete wastewater discharge permit application, thirty (30) calendar days
prior to the expiration of the IU's existing wastewater discharge permit in
accordance with Section 74-76 of this article.
DIVISION 6
REPORTING REQUIREMENTS
74-101. Baseline Monitoring Reports
A. Within one hundred and eighty (180) calendar days after the effective
date a categorical pretreatment standard, or final administrative decision
on a category determination under 40 CFR 403.6 (a)(4), whichever is
later, existing SIUs subject to such categorical pretreatment standards,
and currently discharging to or scheduled to discharge to the POTW, shall
25
be required to submit to the CA a report which contains the information
listed in all of paragraph (B), below.
Ninety (90) calendar days prior to commencement of a discharge, new
sources and sources that become IUs subsequent to promulgation of an
applicable categorical standard shall be required to submit to the City a
report which contains the information in all of paragraph (B), below. A
new source shall also be required to report the method of pretreatment
it intends to use to meet applicable pretreatment standards. A new
source shall also give estimates of its anticipated flow and quantity of
pollutants discharged.
B. The IU shall submit the information required by this section including:
1. Identifying Information. All information required in Section 74-76
of this article, including the name, address, and contact
information of the facility including the name of the operator and
owners.
2. Wastewater Discharge Permits. A list of any environmental
permits held by or for the facility.
3. Description of Operation. A brief description of the nature,
average rate of production, and SIC numbers of the operation(s)
carried out by such IU. This description should include a
schematic process diagram which indicates points of discharge to
the POTW from the regulated processes.
4. Flow Measurements. Information showing the measured average
daily and maximum daily flow, in gallons per day, to the POTW
from regulated process streams and other streams, as necessary,
to allow use of the combined waste stream formula set out in 40
CFR 403.6 (e).
5. Measurement of Pollutants.
a. Identify the categorical pretreatment standards applicable
to each regulated process.
b. Submit the results of sampling and analysis identifying the
nature and concentration (and / or mass, where required
by the standard or by the City) of regulated pollutants in
the discharge from each regulated process.
Instantaneous, daily maximum and long term average
concentrations (or mass, where required) shall be
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reported. The sample shall be representative of daily
operations and shall be analyzed in accordance with
sample procedures set out in Section 74-110. In cases
where the standard requires compliance with a Best
Management Practice or pollution prevention alternative,
the IU shall submit documentation as required by the CA
of the applicable standards to determine compliance with
the standard.
C. Sampling must be performed in accordance with
procedures set out in Section 74-110 and 74-111 of this
article.
6. Certification. A statement reviewed by the IU's authorized
representative and certified by the qualified professional,
indicating whether pretreatment standards are being met on a
consistent basis and, if not, whether additional operation and
maintenance (O & M) and/or additional pretreatment is required
to meet the pretreatment standards and requirements.
7. Compliance Schedule. If additional pretreatment and/or O&M
will be required to meet the pretreatment standards; the shortest
schedule by which the IU will provide such additional
pretreatment and/or O&M. The completion of this schedule shall
not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule
pursuant to this section must meet the requirements set out in
Section 74-102 of this article.
8. All Baseline Monitoring Reports must be certified in accordance
with Section 74-114 of this article and signed by an Authorized
Representative as defined in Section 74-39 of this article.
74-102. Compliance Schedule Progress Report
The following condition shall apply to the schedule required by 74-101 (b)(7) of
this article. The schedule shall contain progress increments in the form of dates
for the commencement and completion of major events leading to the
construction and operation of additional pretreatment required for the IU to
meet the applicable pretreatment standards (such events include hiring an
engineer, completing preliminary and final plans, executing contracts for major
components, commencing and completing construction, beginning and
conducting routine operation). No increment referred to above shall exceed
nine (9) months. The IU shall submit a progress report to the Director no later
than fourteen (14) calendar days following each date in the schedule and the
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final date of compliance, including as a minimum, whether or not it complied
with the increment of progress, the reason for any delay, and if appropriate, the
steps taken by the IU to return to the established schedule. In no event shall
more than nine (9) months elapse between such progress reports to the
Director.
74-103. Report on Compliance with Categorical Pretreatment Standard
Deadlines
Within ninety (90) calendar days following the date for completion with
applicable categorical pretreatment standards, or in the case of a new source
following the commencement of the introduction of wastewater into the POTW,
any IU subject to pretreatment standards and requirements shall submit to the
City a report containing the information described in Section 74-101 (B) of this
article. For IU subject to equivalent mass or concentration limits established in
accordance with the procedures in 40CFR 403.6(c), this report shall contain
reasonable measure of the IU's long-term production rate. For all other IUs
subject to categorical pretreatment standards expressed in term allowable
pollutant discharge per unit of production (or other measure of operation), this
report shall include the IU's actual production during the appropriate sampling
period. For IUs, where a required BMP or pollution prevention alternative is part
of the categorical standard, the IU must submit documentation to demonstrate
compliance. All compliance reports must be signed and certified in accordance
with Section 74-76.
74-104. Periodic Compliance Reports
A. All SIUs must, submit no less than twice per year in June and December
reports indicating the nature, concentration of pollutants in the discharge
which are limited by Pretreatment Standards and the measured estimate
average and maximum daily flows for the reporting period. In cases
where the Pretreatment standard requires compliance with a Best
Management Practice or pollution prevention alternative, the IU must
submit documentation required by the Director or the Pretreatment
Standard necessary to determine the compliance status of the IU.
B. All wastewater samples must be representative of the IU's discharge.
Wastewater monitoring and flow measurement facilities shall be kept
clean and maintained in good working condition at all times. The failure
of an IU to keep its monitoring facility in good working order shall not be
grounds for the IU to claim that sample results are unrepresentative of its
discharge.
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C. If an IU subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the CA using the procedures
prescribed in Section 74-110 and 74-111 of this article, the results of this
monitoring shall be included in the report.
D. All periodic compliance reports must be signed and certified in
accordance with Section 74-114 of this article.
74-105. Report of Changed Conditions
Each IU is required to notify the Director of any planned significant changes to
the IU's operations or system which might alter the nature, quality or volume of
its wastewater at least thirty (30) calendar days before the change.
A. The Director may require the IU to submit such information as may be
deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under Section
74-76 of this article.
B. The Director may issue wastewater discharge permit under Section 74-72
of this article or modify a wastewater discharge permit under Section 74-
89 of this article.
C. No IU shall implement the planned changed condition(s) until and unless
the Director has responded to the IU's notice.
D. For purposes of this requirement flow increases of ten percent (10%) or
greater, and the discharge of any previously unreported pollutants shall
be deemed significant.
74-106. Reports of Potential Problems
A. In the case of any discharge including, but not limited to accidental
discharges, discharges of a non -routine, episodic nature, a non -
customary batch discharge, or a slug load which could cause potential
problem for the POTW (including a violation of the prohibited discharge
standard in Section 74-46 of this article), it is the responsibility of the IU
to immediately telephone and notify the City of the incident. This
notification shall include the location of discharge, type of waste,
concentration and volume, if known, and corrective action taken by the
IU.
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B. Within five (5) calendar days following such discharge, the IU shall, unless
waived by the Director, submit a detailed written report describing the
cause(s) of the discharge and the measures to be taken by the IU to
prevent similar future occurrences. Such notification shall not relieve the
IU of any expense, loss, damage, or liability which may be incurred as a
result of damage to the POTW, natural resources, or any other damage to
a person or property; nor shall such notification relieve the IU of any
fines, civil penalties, or other liability which may be imposed by this
article.
C. Failure to notify the Director of a potential problem discharge shall be
deemed a separate violation of this article.
D. A notice shall be permanently posted on IU's bulletin board or other
prominent place of advertising whom to call in the event of a discharge
described in paragraph A, above. Employers shall ensure that all
employees, who may cause or suffer such a discharge to occur, are
advised of the emergency notification procedure.
E. SIUs are required to notify the Director immediately of any changes at its
facility affecting the potential for a slug discharge.
74-107. Reports from Non -Categorical Industrial Users and Unpermitted Users
A. IU's not subject to categorical pretreatment standards are subject to
reporting requirements as specified in 40 CFR 403.12(h).
B. All Users not required to attain an individual wastewater discharge permit
shall provide appropriate reports to the Director as the Director may require.
74-108. Notice of Violation or Repeat Sampling and Reporting
If sampling performed by the IU indicates a violation, the IU must notify the
Director within twenty-four (24) hours of becoming aware of the violation. The
IU shall also repeat the sampling and analysis and submit the results of the
repeat analysis to the Director within thirty (30) calendar days after becoming
aware of the violation. Re -sampling by the IU is not required if the CA performs
the sampling at the IU's facility at least once a month, or the CA performs
sampling at the IU's facility between the time when the initial sampling was
conducted and the time when the CA receives the results of this sampling, or if
the CA has performed the sampling and analysis in lieu of the IU.
74-109. Notification of Discharge of Hazardous Waste
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A. Any IU who commences the discharge of hazardous waste shall notify the
POTW, the EPA Regional Waste Management Division, Director, and State
hazardous waste authorities in writing of any discharge into the POTW of
a substance which, if otherwise disposed of, would be a hazardous waste
under CFR Part 261. Such notification must include the name of the
hazardous waste set forth in 40 CFR Part 261, the EPA hazardous waste
number, and the type of discharge (continuous batch or other). If the IU
discharges more than ten (10) kilograms of such waste per calendar
month to the POTW, the notification shall also contain the following
information to the extent such information is known and readily available
to the IU:
1. An identification of the hazardous constituents contained in the
wastes,
2. An estimation of the mass and concentration of such constituents in
the wastewater discharged during that calendar month, and
3. An estimation of the mass and constituents in the waste stream
expected to be discharged during following twelve (12) months.
All notifications must take place no later than one hundred and eighty (180) days
after the discharge commences. Any notification under this paragraph need be
submitted only once for each hazardous waste discharged. However,
notifications of changed discharges must be submitted under Section 74-105
above. The notification requirement in this section does not apply to pollutants
already reported under the self-monitoring requirements of Sections 74-101, 74-
103 and 74-104, above.
B. Discharges are exempt from the requirements of paragraph (a) of the
City's article during a calendar month in which they discharge no more
than fifteen(15) kilograms of hazardous waste, unless the wastes are
acute hazardous wastes as specified in 40 CFR 261.30 (d) and 261.33(e).
Discharge of more than fifteen (15) kilograms of non-acute hazardous
wastes in a calendar month, or any quantity of acute hazardous wastes as
specified in 40 CFR 261.30 (d) and 261.33(e), requires a one-time
notification. Subsequent months which the IU discharges more than such
quantities of non hazardous waste do not require additional notification.
C. In the case of any new regulations under Section 3001 of RCRA
identifying additional characteristics of hazardous waste, the IU must
notify the POTW, the EPA Regional Waste Management Division Director
of Public Works, and State hazardous waste authorities of the discharge
of such substance within ninety (90) calendar days of the effective date
of such regulations.
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D. In the case of any notification made under this section, the IU shall certify
that it has a program in place to reduce the volume and toxicity of
hazardous waste generated to the degree it has determined to be
economically practical.
74-110. Analytical Requirements
All pollutant analysis, 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 CFR Part 136, unless otherwise
specified in applicable categorical pretreatment standard. If 40 CFR Part 136
does not contain sampling and analytical techniques for the pollutant in
question, sampling or analyses must be performed in accordance with
procedures approved by the EPA.
74-111. Sample Collection
A. Except as indicated in Section B and C, below, the IU must collect
wastewater samples using 24—hour flow proportional composite
collection techniques unless time proportional composite sampling or
grab sampling is authorized by the Director. Where time- proportional
composite sampling or grab sampling is authorized by the CA, the
samples must be representative of the discharge. Using protocols
specified in 40CFR 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 can composited in the laboratory or in the field; for volatile
organics and oil and grease, the samples may be composited in the
laboratory. Composite for other parameters unaffected by the
compositing procedures as documented in approved EPA methodologies
may be authorized by the CA, as appropriate. In addition, grab samples
may be required to show compliance with Instantaneous Limits.
B. Samples for oil and grease and temperature, pH, cyanide, phenols,
toxicity, sulfides, and volatile organic chemicals must be obtained using
the grab collection techniques.
C. For sampling required in support of baseline monitoring and 90 -day
compliance reports require Section 74-101 and 74-103 (40CFR
403.12(12)(b) and(d)), a minimum of four (4) 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;
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for facilities for which historical sampling data is available, the Director
may authorize a lower minimum. For report required by paragraphs in
Section 74-104 (40CFR 403.12(e) and 403.12(h)), the IU is required to
collect the number of grab samples necessary to assess and assure
compliance with applicable Pretreatment Standards and Requirements.
All analytical results submitted must include a copy of the chain of
custody forms.
74-112. Date of Receipt of Reports
Written reports will be deemed to have been submitted on the date
postmarked. For reports which are not mailed, postage prepaid, into a mail
facility serviced by the U. S. Postal Service, date of receipt of the report shall
govern.
74-113. Record Keeping
IUs shall retain, and make available for inspection and copying, all records and
information required to be retained under this article, any additional records of
information obtained pursuant to monitoring activities undertaken independent
of such requirements and documentation of Best Management Practices
established under Section 74-49 (C) of this article. Records shall include the date,
exact place method, and time of sampling, and the name of the person(s) taking
the samplings ; the date analyses were performed; who performed the analyses;
the analytical techniques or methods used; and the results of such analyses.
These records shall remain available for a period of at least three (3) years. This
period shall be automatically extended for the duration of any litigation
concerning compliance with this article, or where the IU has been specifically
notified of a longer retention period by the Director. The City shall maintain
records of all information resulting from any monitoring activities required by 40
CFR Part 403, including documentation associated with BMPs.
74-114. Certification Statement
A. Certification of Permit Applications, IU Reports
The following certification statement is required to be signed and submitted
by IUs submitting permit applications in accordance with Section 74-77 of
this article; IUs submitting baseline monitoring reports under Section 74-101
B(S) of this article; IUs submitting reports on compliance with categorical
Pretreatment Standards deadlines under Section 74-103 of this article; and
IUs submitting periodic compliance reports required by Section 74-104 A -D,
of this article . The following certification must be signed by an Authorized
Representative as defined in Section 74-39 C of this article:
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"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
DIVISION 7
COMPLIANCE MONITORING
74-121. Inspection and Sampling
The CA shall have the right to enter the facilities of any IU to ascertain whether
the purpose of this article, and any permit or order issued hereunder, is being
met and whether the IU is complying with all the requirements thereof. IUs shall
allow the Director or his representative ready access to all parts of the premises
for the purposes of inspection, sampling, records examination and copying, and
the performance of any additional duties.
A. Where an IU has security measures in force which require proper
identification and clearance before entry into its premises, the IU shall
make necessary arrangements with its security guards so that upon
representation of suitable identification, personnel from the City, State,
and EPA will be permitted to enter without delay, for the purposes of
performing their specific responsibilities.
B. The City, State, and EPA shall have the right to set up on the Us
property, or require installation of, such devices as are necessary to
conduct sampling and/or metering of the IUs operations.
C. The CA may require the IU to install monitoring equipment as necessary.
The facility's sampling and monitoring equipment shall be maintained at
all times in a safe proper operating condition by the IU at its own
34
expense. All devices used to measure wastewater flow and quantity shall
be calibrated annually to ensure accuracy.
D. Any temporary or permanent obstruction to safe and easy access to the
industrial facility to be inspected and/or sampled shall be promptly
removed by the IU at the written or verbal request of the Director and
shall not be replaced. The costs of clearing such access shall be borne by
the IU.
E. Unreasonable delays in allowing the CA personnel access to the IU
premises shall be a violation of this article.
F. The CA will conduct a minimum of one (1) on-site facility inspection
during each pretreatment year and collect a minimum of one (1)
monitoring samples during each pretreatment year on all SIUs and CIUs.
74-122. Search Warrants
If the Director has been refused access to a building, structure or property or any
part thereof, and, if the Director has demonstrated probable cause to believe
that there may be a violation of this article, or that the need to inspect as part of
a routine inspection program of the City designed to verify compliance with this
article or any permit or order issued hereunder, or to protect the overall public
health, safety and welfare of the community, then upon application by the City
Attorney, the Municipal Court Judge of the City may issue a search and/or seized
warrant describing therein the specific location subject to the warrant. The
warrant shall specify what, if anything may be searched and/or seized on the
property described. Such warrant shall be served at reasonable hours by the City
Marshal. In the event of an emergency affecting public health, safety and
welfare, inspection shall be made without issuance of a warrant.
DIVISION 8
CONFIDENTIAL INFORMATION
74-131. Information on Industrial Users
Information and data on an IU obtained from reports, surveys, wastewater
discharge reports and monitoring programs, and from City inspection and
sampling activities, shall be available to the public without restriction unless the
IU specifically requests, and is able to demonstrate to the satisfaction of the City,
that the release of such information would divulge information, processes or
methods or production entitled to protection as trade secrets under applicable
35
State law. When requested and demonstrated by the IU furnishing a report that
such information should be held confidential, the portions of a report which
might disclose trade secrets, or secrets processes shall not be available for
inspection by the public, but shall be made available immediately upon request
to governmental agencies for uses related to the NPDES/TPDES program or
industrial waste pretreatment program, and enforcement proceedings involving
the person furnishing the report. Wastewater constituents and characteristics
and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as
confidential information and will be available to the public without restriction.
The provisions of this Division 8 shall be subject to the provisions of the Texas
Public Information Act, codified as Chapter 552, Texas Government Code. In the
event of a request under said Act for information which the IU or the City may
deemed confidential, the City shall request an opinion from the Texas Attorney
General as to whether such information is subject to disclosure.
DIVISION 9
PUBLICATION OF INDUSTRIAL USERS IN SIGNIFICANT
NONCOMPLIANCE
74-141. Publication of Industrial Users
The CA shall publish annually, in a newspaper of general circulation that provides
meaningful notice within the jurisdictions) served by the PCITW, a list of IUs
which, during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards and requirements. The
term significant noncompliance shall mean:
A. Chronic violations of wastewater discharge limits, defined here as those
in which sixty-six percent (66%) or more of all of the measurements taken
for the same pollutant parameter taken during a six (6) month period
exceed (by any magnitude) a numeric Pretreatment Standard or
Requirement, including Instantaneous Limits as defined in Division 2 and
40CFR 403.3(1);
B. Technical Review Criteria (TRC) violation, defined here as those in which
thirty-three percent (33%) or more of all of the measurements taken for
the same pollutant parameter during a six (6) month period equal or
exceed the product of the numeric Pretreatment Standard or
Requirement including Instantaneous Limits, as defined in Division 2 and
40CFR 403.3(1) multiplied by the applicable criteria TRC (TRC= 1.4 for
36
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, long-term average,
instantaneous limit, or narrative standard) that the Director determines
has caused, alone or in combination with other discharges, interference
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 403.8 (f) (1) (vi)
(B) to halt or prevent such a discharge;
E. Failure to meet within ninety (90) calendar days after the schedule date,
a compliance schedule milestone contained in the IU's permit or
enforcement order for starting construction, completing construction, or
attaining final compliance;
F. Failure to provide, within thirty (30) calendar days after the due date,
required reports such as baseline monitoring reports (baseline profile),
best management practices (BMP) compliance information, BMP periodic
compliance reports, 90 -day compliance reports, periodic self-monitoring
reports and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation or group of violations, which may include a violation
of Best Management Practices, which the Director determines will
adversely affect the operation or implementation of the local
pretreatment program.
DIVISION 10
ADMINISTRATIVE ENFORCEMENT REMEDIES
74-151. Notification of Violation
Whenever the Director finds that any IU has violated or continues to violate, any
provision this article, their wastewater discharge permit, a pretreatment
requirement or any other violation of this article hereunder, the Director or his
37
agent may serve upon that IU a written Notice of Violation (NOV). Within ten
(10) business days of the receipt of such notice, an explanation of the violation
and plan for the satisfactory correction and prevention thereof, to include
specific required action, shall be submitted be the IU to Director. The submission
of this plan in no way relieves the IU of liability for any violations occurring
before or after the receipt of the Notice of Violation. Nothing in this division
shall limit the CA to take any action, including emergency actions, or any other
enforcement action, without first issuing Notice of Violation.
74-152. Consent Orders
The Director is hereby empowered to enter into Consent Orders, assurances of
voluntary compliance, or other similar documents establishing an agreement
with any IU responsible for noncompliance. Such orders will include specific
action to be taken by the IU to correct the noncompliance within a time period
also specified by the order. Consent Orders shall be judicially enforceable.
74-153. Show Cause Hearing
The Director may order any IU which cause or contributes to violation(s) of this
article, wastewater discharge permits, or orders issued hereunder, or any other
pretreatment standard requirement, to appear before the Director and show
cause why a proposed enforcement action should not be taken. Notice shall be
served on the IU specifying the time and place for the meeting, the proposed
enforcement action, the reasons for such action, and request that the IU show
cause why this enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified
mail (return receipt requested) at least five (5) business days prior to the
hearing. Such notice may be served on any authorized representative of the IU.
Whether or not IUs appear as ordered, immediate enforcement action may be
pursued following the hearing date. A show cause hearing shall not be a
prerequisite for taking any other action against the IU.
74-154. Compliance Orders
When the Director finds that an IU has violated, or continues to violate, any
provision of this article, a wastewater discharge permit or order issued
hereunder, or any Pretreatment Standard or Requirement, The Director may
issue an order to the IU responsible for the discharge directing that the IU come
into compliance within a specified time. If the IU does not come into
compliance within the time provided, sewer service may be discontinued unless
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adequate treatment facilities, devices, or other related appurtenances are
installed and properly operated. Compliance orders also may contain other
requirements to address the non compliance, including additional self-
monitoring and management practices designed to minimize the amount of
pollutant discharged to the POTW. A compliance order may not extend the
deadline for compliance established for a Pretreatment Standard or
Requirement, nor does a compliance order relieve the IU of liability for any
violation, including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other action against
the IU.
74-155. Cease and Desist Orders
When the Director finds that an IU has violated, or continues to violate, any
provision of this article, a wastewater discharge permit, any order issued
hereunder, or any other pretreatment standard or requirement, or that the IU's
past violations are likely to recur, the Director may issue an order to the IU
directing it to cease and desist all violations and directing the IU to:
A. Immediately comply with all requirements, and
B. Take such appropriate remedial or preventative action as may be needed
to properly address a continuing or threatened violations, including
halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a prerequisite to taking any
other action against the IU.
74-156. Emergency Termination of Services
The Director may immediately suspend a IU's discharge (after informal notice to
the IU) whenever such suspension is necessary in order to stop an actual or
threatened discharge which reasonably appears to present, or cause an
imminent or substantial endangerment to the health, safety and welfare of the
public. The Director may also immediately suspend an IU's discharge (after
notice and opportunity to respond) that threatens to interfere with the
operation of the POTW, or which presents or may present an endangerment to
the environment.
A. Any IU notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of an IU's failure to immediately
comply voluntarily with the suspension order, the Director shall take
such steps as deemed necessary, including immediate severance of the
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sewer connection, to prevent or minimize damage to the POTW, its
receiving stream, or endangerment to any individuals. The Director shall
allow the IU to recommence its discharge when the IU has
demonstrated to the satisfaction of the City that the period of
endangerment has passed, unless the termination proceedings set forth
in Sections 74-153 and 74-157 of this article are initiated against the IU.
B. A IU that is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence to the Director, prior to the date
of any show cause or termination hearing under Section 74-153 and 74-
158 of this article.
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section.
74-157. Termination of Discharge
In addition to those provisions in Section 74-91 of this article, any IU that violates
the following conditions of this article, wastewater discharge permit, or orders
issued hereunder, is subject to discharge termination.
A. Violation of wastewater discharge permit conditions.
B. Failure to accurately report the wastewater constituents and
characteristics of its discharge.
C. Failure to report significant changes in operation or wastewater volume,
constituents and characteristics prior to discharge.
D. Refusal of reasonable access to the IU's premises for the purpose of
inspection, monitoring or sampling.
E. Violation of the pretreatment standards in Division 2 of this article.
F. When compliance has not been met on any enforcement action listed
above that states termination as the next step of enforcement, such IU
will be notified of the proposed termination of its discharge and be
offered an opportunity to show cause under this Section 74-153 of this
article why the proposed action should not be taken.
74-158. Administrative Orders
40
A. When Director finds that an IU has violated, or continues to violate, any
provision of this article, wastewater discharge permit or order
hereunder, or any Pretreatment Standard or Requirement, Director may
fine such IU in an amount not to exceed the maximum fine allowed under
State Law. Such fines shall be assessed on a per violation per day basis. In
the case of monthly or other long-term average discharge limit, fines shall
be assessed for each day during the period of violation.
B. Unpaid charges, fines, and penalties after sixty (60) calendar days, the
Director may assess an additional penalty of fifteen percent (15%) of the
unpaid balance, and interest shall accrue thereafter at a rate of five
percent (5%) per month. A lien against the IU property may be sought for
unpaid charges, fines and penalties.
C. The Director may add the cost of preparing administrative enforcement
actions, such as notices and orders to the fine.
D. IUs desiring to dispute such fines must file a written request for the
Director to reconsider the fine along with full payment of the fine
amount within thirty (30) calendar days of being notified of the fine.
Where a request has merit, Director may convene a hearing on the
matter. In the event the IU appeal is successful, the payment, in addition
to any interest accrued thereto, shall be returned to the IU.
DIVISION 11
JUDICIAL ENFORCEMENT REMEDIES
74. 166. Iniunctive Relief
Whenever the IU has violated a pretreatment standard or requirement, or
continues to violate the provisions of this article, wastewater discharge permit or
orders issued hereunder, or any other pretreatment requirement, the Director
may petition the City of La Porte Municipal Court, through the City's Attorney,
for the issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this article on activities of the
IU. Such other action as appropriate for legal and/or equitable relief may also be
sought by the City. A petition for injunctive relief need be filed as a prerequisite
to taking any other action against an IU.
74.167. Civil Penalties
41
A. Any IU which has violated or continues to violate this article, any order or
wastewater discharge permit hereunder, or any other pretreatment
standard or requirement shall be liable to the City for a maximum civil
penalty of Two Thousand Dollars ($2,000.00) per violation per day. In the
case of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
B. The City may recover reasonable attorney's fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
C. In determining the amount of civil liability, the court shall take into
account all relevant circumstances, including but not limited to, the
extent of harm caused by the violation, the magnitude and corrective
action by the IU, the compliance history of the IU, and other factor as
justice requires.
D. Filing a suit for civil penalties shall not be a prerequisite for taking any
other action against an IU.
74-168. Criminal Prosecution
A. Any IU that willfully or negligently violates any provision of this article,
any orders, or wastewater discharge permits issued hereunder, or any
other pretreatment requirement shall, upon conviction, be guilty of a
misdemeanor and, upon conviction, shall be fined a maximum sum of
Two Thousand Dollars ($2,000.00). Each day such violation continues
shall constitute a separate offense.
B. Any IU that willfully or negligently introduces any substance into the
POTW which causes personal injury or property damage shall, upon
conviction, be guilty of a misdemeanor and, upon conviction, shall be
fined a maximum sum of Two Thousand Dollars ($2,000.00). Each day
such violation continues shall constitute a separate offense
C. Any IU knowingly making false statements, representations, or
certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
article, wastewater discharge permit, or order, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this article shall be deemed guilty of a misdemeanor and,
upon conviction, be fined a maximum sum of Two Thousand Dollars
($2,000.00). Each day such violation continues shall constitute a separate
offense.
42
74-169. Remedies Nonexclusive
The provisions in Divisions 9-12 of this article are not exclusive remedies. The
City reserves the right to take any, all, or any combination of these actions
against a non-compliant IU. Enforcement of pretreatment violations will
generally be in accordance with the City's enforcement response plan. However,
the City reserves the right to take other action against any IU when the
circumstances warrant. Further, the City is empowered to take more
enforcement action against any non-compliant IU. These actions may be taken
concurrently.
DIVISION 12
SUPPLEMENTAL ENFORCEMENT ACTION
74-176. Performance Bonds
The Director may decline to reissue a wastewater discharge permit to any IU
which has failed to comply with the provisions of this article, any orders, or a
previous wastewater discharge permit issued hereunder, unless such IU first files
a satisfactory bond, payable to the City, in the sum not to exceed a value
determined by the Director to be necessary to achieve consistent compliance.
74-177. Liability Insurance
The Director may decline to reissue a wastewater discharge permit to any IU
which has failed to comply with the provisions of this article, any orders, or a
previous wastewater discharge permit issued hereunder, unless the IU first
submits proof that it has obtained financial assurances sufficient to restore or
repair damage to the POTW caused by its discharge.
74-178. Water Supply Severance
Whenever an IU has violated or continues to violate the provisions of this article,
orders, or wastewater discharge permits issued hereunder, water service to the
IU may be severed. Service will only be reconnected, at the IU's expense, after it
has satisfactorily demonstrated its ability to comply.
74-179. Public Nuisances
Any violation of this article, wastewater discharge permits, or orders issued
hereunder, is hereby declared a public nuisance and shall be corrected or abated
as directed by the Director or designee. Any person(s) creating a public nuisance
shall be subject to the provisions of Chapter 34 of this code governing such
43
nuisance, including reimbursing the City for any cost incurred in removing,
abating or remedying said nuisance.
DIVISION 13
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
74-186. Act of God.
A. Act of God. The Act of God defense constitutes a statutory affirmative
defense [Texas Water Code 7.251] in an action brought in municipal or State
court. If a person can establish that an event that would otherwise be a
violation of a pretreatment ordinance, or a permit issued under the article,
was caused solely by an act of God, war, strike, riot or other catastrophe,
the event is not a violation of the article or permit.
B. An IU who wishes to establish an Act of God Affirmative defense shall
demonstrate, through relevant evidence that:
1. An event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the article occurred, and the
sole cause of the event was an act of God, war, strike, riot or
other catastrophe; and
2. The IU has submitted the following information to the POTW and
the City within twenty-four (24) hours of becoming aware of the
event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the article (if this information
is provided orally, a written submission must be provided within
five (5) calendar days),
a) a description of the event, and the nature and cause of the
event;
b) the time period of the event, including exact dates and times
or, if still continuing, the anticipated time the event is expected to
continue; and
c) steps being taken or planned to reduce, eliminate and prevent
recurrence of the event.
C. Burden of proof. In any enforcement proceeding, the IU seeking to
establish an Act of God affirmative defense shall have burden of proving
by a preponderance of the evidence that an event that would otherwise
be a violation of a pretreatment ordinance or a permit issued under the
44
article, was caused solely by an act of God, war, strike, riot or other
catastrophe.
74-187. General/ Specific Prohibitions
An IU shall have an affirmative defense to an enforcement action except for
those circumstances specifies in Section 74-46 A and B and Section 74-64 B of
this article if it can proven that it did not know or have reason to know that its
discharge, along or in conjunction with discharges from other sources, would
cause pass through or interference and that either:
■ A local limit exists for each pollutant discharged and the IU was in
compliance with each directly prior to, and during, the pass through or
interference, or
■ No local limit exists, but the discharge did not change substantially in
nature or constituents from the IU's prior discharge when the City was
regularly in compliance with its TPDES permit, and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements
74-188. Bypass
A. For the purposes of this Section,
(1) Bypass means the intentional diversion of wastewater from any
portion of an IU's facility.
(2) Severe property damage means substantial physical damage to
property, damage to the treatment facilities which causes them to
become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean
economic loss caused by delays in production.
B. An IU may allow any bypass to occur which does not cause Pretreatment
Standard or Requirements to be violated, but only if it is for essential
maintenance to assure efficient operation.
C. Bypass Notifications
45
( 1 ) If an IU knows in advance of the need for a bypass, it shall submit
prior notice to the Director, at least ten (10) calendar days before
the date of the bypass if possible.
( 2 ) A IU shall submit oral notice to the Director of an anticipated bypass
that exceeds applicable Pretreatment Standards within twenty-four
(24) hours from the time it becomes aware of the bypass. A written
submission shall also be provided within five (S) calendar days of the
time IUs becomes aware of the bypass. The written submission shall
contain a description of the bypass and its cause; duration of the
bypass, including exact dates and times, and, if the bypass has not
been corrected, the anticipated time it is expected to continue; and
step taken or planned to reduce, eliminate, and prevent
reoccurrence of the bypass. The Director may waive the written
report on a case-by-case basis if the oral report has been received
within twenty-four (24) hours.
D. Bypass
( 1 ) Bypass is prohibited, and the Director may take an enforcement
action against an IU for a bypass, unless
( a ) The bypass was unavoidable, to prevent loss of life, personal
injury, or severe property damage;
( b) There were no feasible alternatives to the bypass, such as the
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment down time.
This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred
during normal periods of equipment downtime or preventative
maintenance; and
( c ) The IU submitted notices as required under paragraph C. of the
Section.
( 2 ) The Director may approve an anticipated bypass, after considering
its adverse effects, if the Director determines that it will meet the
three (3) condition listed in paragraph D. (1) of this Section.
DIVISION 14
CONTROL OF ADMISSIBLE WASTE
46
74-196. Interceptors
Grease, oil, and sand interceptors shall be provided for the proper handling of
liquids wastes containing grease in excessive amounts, or any flammable wastes,
sand, and other harmful ingredients; except that such interceptors shall not be
required for private living quarters or dwellings. All interceptors shall be a type
and capacity approved by the City and shall be located to be readily and easily
accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious materials capable
of withstanding abrupt and extreme changes in temperature. They shall be
substantially constructed, watertight, and equipped with easily removable
covers which when bolted in place, shall be gas tight and watertight.
Grease and oil and sand interceptors shall be cleaned/maintained and repaired
by the person or permittee, at their expense, in continuously efficient operation
at all time. These interceptors shall be subject to the City's inspections.
Where the CA finds that the pretreatment is not being maintained in a manner
that will keep the IU in compliance with this article, the CA may specify required
cleaning frequency which will be imposed through their wastewater discharge
permit.
Restaurants, food service operations and other establishments with commercial
kitchen facilities shall have grease interceptors sized and designed by a
registered professional engineer in accordance with the City's current adopted
plumbing code.
74-197. Sample Wells
A. Within sixty (60) calendar days from the date of this article, any
person discharging or desiring to discharge an industrial mixture into
the public sewers of the City, or any sewer connected, shall provide
and maintain in a suitable, accessible position on the permittee's
premises, or such premises occupied by the permittee, a sample well
or manhole near the outlet of sewer, drain, pipe, channel, or
connection to the sewer or sewage works of the City.
Where the installation of a sample well is required by the Director, the IU
shall have sixty (60) calendar days to install one after the requirement is
written into their permit.
Each such manhole or sample well shall be of such construction and
design which will prevent infiltration by ground waters and surface
waters, and shall be so maintained by the permittee discharging wastes
so that any authorized representative, or employee of the City may
47
readily and safely measure the volume and obtain samples of the flow at
all times. Plans for construction of the sample well(s) shall be included
with the Wastewater Discharge Permit Application, and are subject to
approval by the Director.
B. Sampling of effluent or discharge may be accomplished manually, or
by the use of mechanical equipment, to obtain a composite sample
which would be representative of the total effluent. Samples shall be
taken at such intervals as to establish the BOD and Total Suspended
Solids of the industrial waste for billing purposes, as determined by
the City as necessary to maintain a control over the discharges from
the Permittee. Additionally, such grab composite samples as deemed
necessary by the City shall be taken at such intervals as to establish
the concentrations of prohibited discharges and pretreatment
standards as specified in this article. The method used in the
examination of all industrial wastes to determine BOD and TSS shall
be defined in 40 CFR Part 136.
DIVISION 15
INDUSTRIAL COST RECOVERY SURCHARGE
74-206. Industrial Cost Recovery.
A permittee discharging industrial wastes with a BOD exceeding 250 mg/l, or a
TSS content of greater than 300 mg/l, or both, and meet all other applicable
requirements, including those established under this article, may be accepted for
waste water disposal provided that;
( a) The wastes will not cause damage to the collection system;
( b) The wastes will not impair the treatment process.
( c) The discharger of the waste enters into a contractual agreement with the
CA, via their wastewater discharge permit, providing for a surcharge over
and beyond the normal sewer rate. The industrial waste surcharge for
industrial discharge is to be calculated as follows:
IWS = ( BOD + TSS ) x (O &M cost ) x ( VOL) ;
250 300
IWS = represents Industrial Waste Surcharge in Dollars;
BOD = represents the Biochemical Oxygen Demand in milligram per liter
(mg/1). Note: Concentration less than or equal to 250 mg/I will be
considered a value of zero.
48
TSS = represents Total Suspended Solids or Suspended Solids in milligram
per liter (mg/1)
Note: Concentration less than zero or equal to 300mg/I will be
considered a value of zero.
O&M = Cost represents operation and maintenance cost of POTW
wastewater treatment facility. Note: This cost is determined and
updated by the City periodically.
VOL = represents Volume Discharged in Thousand of Gallons. The
volume of waste shall be determined by the same methods used to
calculate the normal sewer service charge, or by a sewage flow meter
that has been approved by the Director and purchased, installed, and
maintained by the permittee.
All flow rates, BOD, Total Suspended Solids and O & M values used in the
determination of the industrial waste surcharge shall be reevaluated at
least on an annual basis.
( d) The industrial waste surcharges provided for in this article shall be
included as a separate item on the regular bill for water and sewer
charges and shall be paid monthly in accordance with the existing
practices. Surcharges shall be paid at the same time that the sewer
charges of the permittee become due and payment for sewer services
shall not be accepted without payment also of industrial waste
surcharges.
DIVISION 16
MISCELLANEOUS PROVISIONS
74-211. Pretreatment Charges and Fees
The City may adopt reasonable charges and fees for reimbursement of costs of
setting up and operating the Industrial Waste Pretreatment Program, which may
include:
A. Fees for wastewater discharge permit applications including the cost of
processing such applications;
B. Fees for monitoring, inspection, and surveillance procedures including
the cost of collection and analyzing an IU's discharge, and reviewing
monitoring reports submitted by IUs;
49
C Fees for reviewing construction plans and responding to accidental
discharges;
D. Fees for filing appeals;
E. Other fees as the City may deem necessary to carry out the requirements
of its' industrial waste pretreatment program. These fees related solely
to the matters covered by this article and are separate from all other
fees, fines and penalties chargeable by the City.
Section 2. Appendix B, Chapter 74, "Utilities", Article II, Industrial Waste, is hereby
amended, and shall hereafter read as follows, to -wit:
"Article II. INDUSTRIAL WASTE
(a) Fine for violations of this Article ......... $2,000.00 ............ 74-168"
Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence,
phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity
shall not affect the remaining portions of this ordinance, and it is hereby declared to be the
intention of this City Council to have passed each section, sentence, phrase or clause, or
part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or
part thereof, may be declared invalid.
Section 4. All ordinances and parts of ordinances inconsistent, or in conflict, with this
ordinance are hereby repealed, to the extent of such conflict only. Chapter 74, Utilities,
Article II, Industrial Waste, as codified in the Code of Ordinances of the City of La Porte, is
amended in its entirety as provided herein as of the effective date hereof; provided,
however, the City of La Porte reserves all rights and remedies which may have accrued to
the City of La Porte for offenses which may have occurred prior to the effective date of the
amendment of said ordinances.
Section S. The City Council of the City of La Porte shall review this ordinance at least once
every three (3) years; provided, however, the failure of the City Council of the City of La
Porte to so review this ordinance shall not affect the validity of this ordinance.
Section 6. This ordinance shall be effective as of the effective date established in the
issued TPDES permit or permit amendment that TCEQ will issue upon their final approval
50
of this ordinance. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the official newspaper in the City of La Porte
at least once within ten (10) days after the passage of this ordinance.
Section 7. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this %� day of 2011.
CITY OF LA VURTE, TEXAS
ATTEST:
Patrice Fogarty
City Secretary
A VED:
ark Askins
Assistant City Attorney
51
By:
suis R. R
ayor
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Ila
t
61'. 0'
APPROVAL OF
THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM
PRETREATMENT PROGRAM SUBSTANTIAL MODIFICATION FOR
PERMIT No. WQ0010206001
EPA ID. No. TXo022799
On this day the City of LaPorte's proposed substantial modification to their
Pretreatment Program is approved and shall be incorporated, without changes, into the
Texas Pollutant Discharge Elimination System Permit No. WQ00102o6001. The
following treatment work facilities will be subject to the requirements of the
pretreatment program: Permit No. WQoo1ozo600l.
This approval is in accordance with 3o Texas Administrative Code Chapter 315.
Signed,
), A� 0� January 22, 201__4
Executive Director Approval Date
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
P.O. Box 1308'7.
Austin, Texas 78711-3087
PERMIT TO DISCHARGE WASTES
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
City of La Porte
whose mailing address is
2963 North 23rd Street
LaPorte, Texas 77571
TPDES PERMIT NO.
WQ00102o6001
[For TCEQ office use only - EPA LD.
No. TXo022799]
This is a renewal that replaces TPDES
Permit No. WQ0010206001 issued
January 25, 2010.
is authorized to treat and discharge wastes from the Little Cedar Bayou WWTP No. 1
Wastewater Treatment Facility, SIC Code 4952
located at 1301 South 4th Street, approximately 0.2 mile south of the intersection of South 4th
Street and Fairmont Parkway, La Porte in Harris County, Texas 77571
to an unnamed drainage ditch; thence to Little Cedar Bayou; thence to Upper Galveston Bay in
Segment No. 2421 of the Bay and Estuaries.
only according with effluent limitations, monitoring requirements and other conditions set forth
in this permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ),
the laws of the State of Texas, and other orders of the TCEQ. The issuance of this permit does
not grant to the permittee the right to use private or public property for conveyance of
wastewater along the discharge route described in this permit. This includes, but is not limited
to, property belonging to any individual, partnership, corporation, or other entity. Neither does
this permit authorize any invasion of personal rights nor any violation of federal, state, or local
laws or regulations. It is the responsibility of the permittee to acquire property rights as may be
necessary to use the discharge route.
This permit shall expire at midnight, October 61, 2018.
ISSUED DATE: January 22, 2014'
For the Commission
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City of La Porte
TPDES Permit No. WQ00102o6001
DEFINITIONS AND STANDARD PERMIT CONDITIONS
As required by Title 3o Texas Administrative Code (TAC) Chapter 305, certain regulations
appear as standard conditions in waste discharge permits. 3o TAC § 305.121- 305.129 (relating
to Permit Characteristics and Conditions) as promulgated under the Texas Water Code (TWC)
§§ 5.103 and 5.105, and the Texas Health and Safety Code (THSC) §§ 361.017 and 361.024(a),
establish the characteristics and standards for waste discharge permits, including sewage
sludge, and those sections of 40 Code of Federal Regulations (CFR) Part 122 adopted by
reference by the Commission. The following text. includes these conditions and incorporates
thein into this permit. All definitions in IWC § 26.001 and 3o TAC Chapter 305 shall apply to
this permit and are incorporated by reference. Some specific definitions of words or phrases
used in this permit are as follows:
1. Flow Measurements
a. Annual average flow - the arithmetic average of all daily flow determinations taken
within the preceding 12 consecutive calendar months. The annual average flow
determination shall consist of daily flow volume determinations made by a totalizing
meter, charted on a chart recorder and limited to major domestic wastewater discharge
facilities with one million gallons per day or greater permitted flow.
b. Daily average flow - the arithmetic average of all determinations of the daily flow within
a period of one calendar month. The daily average flow determination shall consist of
determinations made on at least four separate days. If instantaneous measurements are
used to determine the daily flow, the determination shall be the arithmetic average of all
instantaneous measurements taken during that month. Daily average flow determination
for intermittent discharges shall consist of a minimum of three flow determinations on
days of discharge.
c. Daily maximum flow - the highest total flow for any 24-hour period in a calendar month.
d. Instantaneous flow - the measured flow during the minimum time required to interpret
the flow measuring device.
e. 2 -hour peak flow (domestic wastewater treatment plants) - the maximum flow sustained
for a two-hour period during the period of daily discharge. The average of multiple
measurements of instantaneous maximum flow within a two-hour period may be used to
calculate the 2 -hour peak flow.
f. Maximum 2 -hour peak flow (domestic wastewater treatment plants) - the highest 2 -hour
peak flow for any 24-hour period in a calendar month.
2. Concentration Measurements
a. Daily average concentration - the arithmetic average of all effluent samples, composite or
grab as required by this permit, within a period of one calendar month, consisting of at
least four separate representative measurements.
i. For domestic wastewater treatment plants - When four samples are not available in a
calendar month, the arithmetic average (weighted by flow) of all values in the
previous four consecutive month period consisting of at least four measurements
shall be utilized as the daily average concentration.
Page 3
City of La Porte TPDES Permit No. WQoolozoboox
ii, For all other wastewater treatment plants - When four samples are not available in a
calendar month, the arithmetic average (weighted by flow) of all values taken during
the month shall be utilized as the daily average concentration.
b.. 7 -day average concentration - the arithmetic average of all effluent samples, composite
or grab as required by this permit, within a period of one calendar week, Sunday through
Saturday.
c. Daily maximum concentration - the maximum concentration measured on a single day,
by the sample type specified in the permit, within a period of one calendar month.
d. Daily discharge - 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 terms of mass, the daily discharge is calculated
as the total mass of the pollutant discharged over the sampling 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 sampling day.
The daily discharge determination of concentration made using a composite sample shall
be the concentration of the composite sample. When grab samples are used, the daily
discharge determination of concentration shall be the arithmetic average (weighted by
flow value) of all samples collected during that day.
e. Bacteria concentration (E. coli or Enterococci) - Colony Forming Units (CFU) or Most
Probable Number (MPN) of bacteria per loo milliliters effluent. The daily average
bacteria concentration is a geometric mean of the values for the effluent samples
collected in a calendar month. The geometric mean shall be determined by calculating
the nth root of the product of all measurements made in a calendar month, where n
equals the number of measurements made; or, computed as the antilogarithm of the
arithmetic mean of the logarithms of all measurements made in a calendar month. For
any measurement of bacteria equaling zero, a substituted value of one shall be made for
input into either computation method. If specified, the 7 -day average for bacteria is the
geometric mean of the values.for all effluent samples collected during a calendar week.
f. Daily average loading (lbs/day) - the arithmetic average of all daily discharge loading
calculations during a period of one calendar month. These calculations must be made for
each day of the month that a parameter is analyzed. The daily discharge, in terms of
mass (lbs/day), is calculated as (Flow, MGD x Concentration; mg/l x $.34)•
g. Daily maximum loading (lbs/day) - the highest daily discharge, in terms of mass .
(lbs/day), within a period of one calendar month.
3. Sample Type
a. Composite sample - For domestic wastewater, a composite sample is a sample made lip
of a minimum of three effluent portions collected in a continuous 24-hour period or
during the period of daily discharge if less than 24 hours, and combined in volumes
proportional to flow, and collected at the intervals required by 3o. TAC § 319.9 (a). For
industrial wastewater, a composite sample is a sample made up. of a minimum of three
effluent portions collected in a continuous 24-hour period or during the period of daily
discharge if less than 24 hours, and combined in volumes proportional to flow, and
collected at the intervals required by 3o TAC § 319.9 (b).
Page 4
City of La Porte TPDES Permit No. WQoo1o2o6001
b. Grab sample - an individual sample collected in less than 15 minutes.
4. Treatment Facility (facility) - wastewater facilities used in the conveyance, storage,
treatment, recycling, reclamation and/or disposal of domestic sewage, industrial wastes;
agricultural wastes, recreational wastes, or other wastes including sludge handling or
disposal facilities under the jurisdiction of the Commission,
5. The term "sewage sludge" is defined as solid, semi-solid, or liquid residue generated during
the treatment of domestic sewage in 3o TAC Chapter 312. This includes the solids that have
not been classified as hazardous waste separated from wastewater by unit processes.
6. Bypass - the intentional diversion of a waste stream from any portion of a treatment facility.
MONITORING AND REPORTING REQUIREMENTS
1. Self -Reporting
Monitoring results shall be provided at the intervals specified in the permit. Unless
otherwise specified in this permit or otherwise ordered by the Commission, the permittee
shall conduct effluent sampling and reporting in accordance with 3o TAC §§ 319.4 - 319.12.
Unless otherwise specified, a monthly effluent report shall be submitted each month, to the
Enforcement Division (MC 224), by the loth day of the following month for each discharge
which is described by this permit whether or not a discharge is made for that. month.
Monitoring results must be reported on an approved self-report form that is signed and
certified as required by Monitoring and Reporting Requirements No. 1o.
As provided by state law, the permittee is subject to administrative, civil and criminal
penalties, as applicable, for negligently or knowingly violating the Clean Water Act (CWA);
TWC §§ 26, 27, and 28; and THSC § 361, including but not limited to knowingly making any
false statement, representation, or certification on any report, record, or other document
submitted or required to be maintained under this permit, including monitoring reports or
reports of compliance or noncompliance, or falsifying, tampering with or knowingly
rendering inaccurate any monitoring device or method required by this permit or violating
any other requirement imposed by state or federal regulations.
2. Test Procedures
a. Unless otherwise specified in this permit, test procedures for the analysis of pollutants
shall comply with procedures specified in 3o TAC §§ 319:11- 319.12. Measurements,
tests, and calculations shall be accurately accomplished in a representative manner.
b. All laboratory tests submitted to demonstrate compliance with this permit must meet the
requirements of 3o TAC § 25, Environmental Testing Laboratory Accreditation and
Certification,
3. Records of Results
a. Monitoring samples and measurements shall be taken at times and in a manner so as to
be representative of the monitored activity.
b: Except for records of monitoring information required by this permit related to the
permittee's sewage sludge use and disposal activities, which shall be retained for a period
Page 5
City of La Porte
TPDES Permit No. WQ00102o600l
of at least five years (or longer as required by 40 CFR Part 603), monitoring and
reporting records, including strip charts and records of calibration and maintenance,
copies of all records required by this permit, records of all data used to complete the
application for this permit, and the certification required by 40 CFR.§ 264.73(b)(9) shall
be retained at the facility site, or shall be readily available for review by a TCEQ
representative for a period of three years from the date of the record or sample,
measurement, report, application or certification This period shall be extended at the
request of the Executive Director.
c. Records of monitoring activities shall include the following:
i. date, time and place of sample or measurement;
I identity of individual who collected the sample or made the measurement.
iii. date and time of analysis;
iv, identity of the individual and laboratory who performed the analysis;
v. the technique or method of analysis; and
vi. the results of the analysis or measurement and quality assurance/quality control
records.
The period during which records are required to be kept shall be automatically extended
to the date of the final disposition of any administrative or judicial enforcement action
that may be instituted against the permittee.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein more frequently
than required by this permit using approved analytical methods as specified above, all
results of such monitoring shall be included in the calculation and reporting of the values
submitted on the approved self-report form. Increased frequency of sampling shall be
indicated on the self-report form.
6. Calibration of Instruments
All automatic flow measuring or recording devices and all totalizing meters for measuring
flows shall be accurately calibrated by a trained person at plant start-up and as often
thereafter as necessary to ensure accuracy, but not less often than annually unless
authorized by the Executive Director for a longer period. Such person shall verify in writing
that the device is operating properly and giving accurate results. Copies of the verification
shall be retained at the facility site and/or shall be readily available for review by a TCEQ
representative for a period of three years.
6. Compliance Schedule Reports
Reports of compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of the permit shall be submitted no later
than 14 days following each schedule date to the Regional Office and the Enforcement
Division (MC 224).
Page 6
City of La Porte TPDES Permit No. WQ00102o6001
7. Noncompliance Notification.
a. In accordance with 3o TAC § 305.125(g) any noncompliance which may endanger
human health or safety, or the environment shall be reported by the permittee to the
TCEQ. Report of such information shall be provided orally or by facsimile transmission
(FAX) to the Regional Office within 24 hours of becoming aware of the noncompliance. A
written submission of such information shall also be provided by the permittee to the
Regional Office and the Enforcement Division (MC 224) within five working days of
becoming aware of the noncompliance. The written submission shall contain a
description of the noncompliance and its cause; the potential danger to human health or
safety, or the environment; the period of noncompliance, including exact dates and
times; if the noncompliance has not been corrected, the time it is expected to continue;
and steps taken or planned to reduce, eliminate, and prevent recurrence of the
noncompliance, and to mitigate its adverse effects.
b. The following violations shall be reported under Monitoring and Reporting Requirement
7.a.:
i. Unauthorized discharges as defined in Permit Condition 2(g).
ii. Any unanticipated bypass that exceeds any effluent limitation in the permit.
iii. Violation of a permitted maximum daily discharge limitation for pollutants listed
specifically in the Other Requirements section of an Industrial TPDES permit.
c. In addition to the above, any effluent violation which deviates from the permitted
effluent limitation by more than 40% shall be reported by the permittee in writing to the
Regional Office and the Enforcement Division (MC 224) within 5 working days of
becoming aware of the noncompliance.
d. Any noncompliance other than that specified in this section, or any required information
not submitted or submitted incorrectly, shall be reported to the Enforcement Division
(MC 224) as promptly as possible. For effluent limitation violations, noncompliances
shall be reported on the approved self-report form.
8. In accordance with the procedures described in 3o TAC §§ 35.301- 35.303 (relating to Water
Quality Emergency and Temporary orders) if the permittee knows in advance of the need
for a bypass, it shall submit prior notice by applying for such authorization.
9. Changes in Discharges of Toxic Substances
All existing manufacturing, commercial, mining, and silvicultural permittees shall notify the
Regional Office, orally or by facsimile transmission within 24 hours, and both the Regional
Office and the Enforcement Division (MC 224) in writing within five (5) working days, after
becoming aware of or having reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant listed at 40 CFR Part 122, Appendix D,
Tables II and III (excluding Total Phenols) which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels":
Page 7
City of La Porte
TPDES Permit No. WQ0010206001
i. One hundred micrograms per liter (ioo gg/L);
ii. Two hundred micrograms per liter (200 gg/L) for acrolein and acrylonitrile; five
hundred micrograms per liter (500 pg/L) for 2,4-dinitrophenol and for 2-methyl-
4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony;
iii. Five (5) times the maximum concentration value reported for that pollutant in the
permit application; or
iv. The level established by the TCEQ.
b. That any activity has occurred or will occur which would result in any discharge, on a
nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels":
L Five hundred micrograms per liter (50o gg/L);
ii. One milligram per liter (1 mg/L) for antimony;
iii. Ten (10) times the maximum concentration value reported for that pollutant in the
permit application; or
iv. The level established by the TCEQ.
10. Signatories to Reports
All reports and other information requested by the Executive Director shall be signed by the
person and in the manner required by 3o TAC § 305.128 (relating to Signatories to Reports).
11. All Publicly Owned Treatment Works (POTWs) must.provide adequate notice to the
Executive Director of the following:
a. Any new introduction of pollutants into the POTW from an indirect discharger which
would be subject to CWA § 301 or § 306 if it were directly discharging those pollutants;
b. Any substantial change in the volume or character of pollutants being introduced into
that POTW by a source introducing pollutants into the POTW at the time of issuance of
the permit; and
c. For the purpose of this paragraph, adequate notice shall include information on:
L The quality and quantity of effluent introduced into the POTW; and
ii. Any anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.
PERMIT CONDITIONS
1. General
a. When the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in an application or in any report to the
Executive Director, it shall promptly submit such facts or information.
Page 8
City of La Porte
TPDES Permit No. WQ00102o600r
b. This permit is granted on the basis of the information supplied and representations
made by the permittee during action on an application, and relying upon the accuracy
and completeness of that information and those representations. After notice and
opportunity for a hearing, this permit may be modified, suspended, or revolted, in whole
or in part, in accordance with 3o TAC Chapter 305, Subchapter D, during its term for
good cause including, but not limited to, the following:
L Violation of any terms or conditions of this permit;
ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant
facts; or
iii. A change in any condition that requires either a temporary or permanent reduction
or elimination of the authorized discharge.
c. The permittee shall furnish to the Executive Director, upon request and within a
reasonable time, any information to determine whether cause exists for amending,
revolting, suspending or terminating the permit. The permittee shall also furnish to the
Executive Director, upon request, copies of records required to be Rept by the permit.
2. Compliance
a. Acceptance of the permit by the person to whom it is issued constitutes acknowledgment
and agreement that such person will comply with all the terms and conditions embodied
in the permit, and the rules and other orders of the Commission.
b. The permittee has a duty to comply with all conditions of the permit. Failure to comply
with any permit condition constitutes a violation of the permit and the Texas Water Code
or the Texas Health and Safety Code, and is grounds for enforcement action, for permit
amendment, revocation, or suspension, or for denial of a permit renewal application or
an application for a permit for another facility.
c. It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with
the conditions of the permit.
d. The permittee shall take all reasonable steps to minimize or prevent any discharge or
sludge use or disposal or other permit violation that has a reasonable likelihood of
adversely affecting human health or the environment.
e. Authorization from the Commission is required before beginning any change in the
permitted facility or activity that may result in noncompliance with any permit
requirements.
f. A permit may be amended, suspended and reissued, or revolted for cause in accordance
with 3o TAC §§ 305.62 and 305.66 and TWC§'7.302. The filing of a request by the
permittee for a permit amendment, suspension and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not stay any permit
condition.
g. There shall be no unauthorized discharge of wastewater or any other waste. For the
purpose of this permit, an unauthorized discharge is considered to be any discharge of
wastewater into or adjacent to water in the state at any location not permitted as an
outfall or otherwise defined in the Other Requirements section of this permit.
Page 9
City of La Porte
TPDES Permit No. WQooso2o6o01
h. In accordance with 30 TAC § 305,535(a), the permittee may allow any bypass to occur
from a TPDES permitted facility which does not cause permitted effluent limitations to
be-exce.eded or an unauthorized discharge to occur, but only if the bypass is also for
essential maintenance to assure efficient operation:
L The permittee is subject to administrative, civil, and criminal penalties, as applicable,
under TWC §§ 7.051- 7.075 (relating to Administrative Penalties), 7.101- 7. 111 (relating
to Civil Penalties), and 7.141- 7.202 (relating to Criminal Offenses and Penalties) for
violations including, but not limited to; negligently or knowingly violating the federal
CWA §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation
implementing any sections in a permit issued under the CWA § 402, or any requirement
imposed in a pretreatment program approved under the CWA §§ 402 (a)(3) or 402
(b)(8)•
3. Inspections and Entry
a. Inspection and entry shall be allowed as prescribed in the TWC Chapters 26, 27, and 28,
and THSC § 361.
b. The members of the Commission and employees and agents of the Commission are
entitled to enter any public or private property at any reasonable time. for the purpose of
inspecting and investigating conditions relating to the quality of water in the state or the
compliance with any rule, regulation, permit or other order of the Commission.
Members, employees, or agents of the Commission and Commission contractors are
entitled to enter public or private property at any reasonable time to investigate or
monitor or, if the responsible party is not responsive or there is an immediate danger to
public health or the environment, to remove or remediate a condition related to the
quality of water in the state. Members, employees, Commission contractors, or agents
acting under this authority who enter private property shall observe the establishment's
rules and regulations concerning safety, internal security, and fire protection, and if the
property has management in residence, shall notify management or the person then in
charge of his presence and shall exhibit proper credentials. If any member, employee,
Commission. contractor, or agent is refused the right to enter in or on public or private
property under this authority, the Executive Director may involve the remedies
authorized in TWC § 7.002. The statement above, that Commission entry shall occur in
accordance with an establishment's rules and regulations concerning safety, internal
security, and fire protection, is not grounds for denial or restriction of entry to any part
of the facility, but merely describes the Commission's duty to observe appropriate rules
and regulations during an inspection.
4. Permit Amendment and/or Renewal
a. The permittee shall give notice to the Executive Director as soon as possible of any
planned physical alterations or additions to the permitted facility if such alterations or
additions would require a permit amendment or result in a violation of permit
requirements. Notice shall also be required under this paragraph when:
L The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in accordance with 30 .TAC § 305.534
(relating to New Sources and New Dischargers); or
Page 30
City of La Porte TPDES Permit No. WQ00102o6001
H. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants that are
subject neither to effluent limitations in the permit, nor to notification requirements
in Monitoring and Reporting Requirements No. g;
iii. The alteration or addition results in a significant change in the permittee's sludge use
or disposal practices, and such alteration, addition, or change may justify the
application of permit conditions that are different from or absent in the existing
permit, including notification of additional use or disposal sites not reported during
the permit application process or not reported pursuant to an approved land
application plan.
b. Prior to any facility modifications, additions, or expansions. that will increase the plant
capacity beyond the permitted flow, the permittee must apply for and obtain proper
authorization from the Commission before commencing construction.
c. The permittee must apply for an amendment or renewal at least r$o days prior to
expiration of the existing permit in order to continue a permitted activity after the
expiration date of the permit. If an application is submitted prior to the expiration date
of the permit, the existing permit shall remain in effect until the application is approved,
denied, or returned. If the application is returned or denied, authorization to continue
such activity shall terminate upon the effective date of the action. If an application is not
submitted prior to the expiration date of the permit, the permit shall expire and
authorization to continue such activity shall terminate.
d. Prior to accepting or generating wastes which are not described in the permit application
or which would result in a significant change in the quantity or quality of the existing
discharge, the permittee must report the proposed changes to the Commission. The
permittee must apply for a permit amendment reflecting any necessary changes in
permit conditions, including effluent limitations for pollutants not identified and limited
by this permit.
e. In accordance with the TWC § 26.029(b), after a public hearing, notice of which shall be
given to the permittee, the Commission may require the permittee, from time to time, for
good cause, in accordance with applicable laws, to conform to new or additional
conditions.
f. If any toxic effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is promulgated under CWA § 307(a)
for a toxic pollutant which is present in the discharge and that standard or prohibition is
more stringent than any limitation on the pollutant in this permit, this permit shall be
modified or revoked and reissued to conform to the toxic effluent standard or
prohibition. The permittee shall comply with effluent standards or prohibitions
established under CWA § 307(a) for toxic pollutants within the time provided in the
regulations that established those standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
5.. Permit Transfer
a. Prior to any transfer of this permit, Commission approval must be obtained. The
Commission shall be notified in writing of any change in control or ownership of
facilities authorized by this permit. Such notification should be sent to the Applications
Review and Processing Team (MC 148) of the Water Quality Division.
Page ii
City of La Porte
TPDES Permit No. WQoo1o2o6001
b. A permit maybe transferred only according to the provisions of 3o TAC § 305.64
(relating to Transfer of Permits) and 3o TAC § 50.133 (relating to Executive Director
Action on Application or WQMP update).
6. Relationship to Hazardous Waste Activities
This permit does not authorize any activity of hazardous waste storage, processing, or
disposal that requires a permit or other authorization pursuant to the Texas Health and
,Safety Code.
7. Relationship to Water Rights
Disposal of treated effluent by any means other than discharge directly to water in the state
must be specifically authorized in this permit and may require a permit pursuant to TWC
Chapter 11.
8. Property Rights
A permit does not convey any property rights of any sort, or any exclusive privilege.
9. Permit Enforceability
The conditions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit, shall
not be affected thereby.
1o. Relationship to Permit Application
The application pursuant to which the permit has been issued is incorporated herein;
provided, however, that in the event of a conflict between the provisions of this permit and
the application, the provisions of the permit shall control.
11. Notice of Bankruptcy
a. Each permittee shall notify the Executive Director, in writing, immediately following. the
Ming of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11
(Bankruptcy) of the United States Code (i1 USC) by or against:
L the permittee;
ii, an entity (as that term is defined in 11 USC, § 101(14)) controlling the permittee or
listing the permit or permittee as property of the estate; or
iii. an affiliate (as that term is defined in 11 USC, § 101(2)) of the permittee.
b. This notification must indicate:
L the name of the permittee and the permit number(s);
ii. the bankruptcy court in which the petition for bankruptcy was filed; and
iii. the date of filing of the petition.
Page 12
City of La Porte
OPERATIONAL REQUIREMENTS
TPDES Permit No. WQ00102o6001
The permittee shall at all times ensure that the facility and all of its systems of collection,
treatment, and disposal are properly operated and maintained. This includes, but is not
limited to, the regular, periodic examination of wastewater solids within the treatment plant
by the operator in order to maintain an appropriate quantity and quality of solids inventory
as described in the various operator training manuals and according to accepted industry
standards for process control. Process control, maintenance, and operations records shall be
retained at the facility site, or shall be readily available for review by a TCEQ .representative,
for a period of three years.
2. Upon request by the Executive Director, the permittee shall take appropriate samples and.
provide proper analysis in order to demonstrate compliance with Commission rules, Unless
otherwise specified in this permit or otherwise ordered by the Commission, the permittee
shall comply with all applicable provisions of 3o TAC Chapter 312 concerning sewage sludge
use and disposal and 3o TAC §§ 319.21- 319.29 concerning the discharge of certain
hazardous metals.
3. Domestic wastewater treatment facilities shall comply with the following provisions:
a. The permittee shall notify the Municipal Permits Team, Wastewater Permitting Section
(MC 148) of the Water Quality Division, in writing, of any facility expansion at. least go
days prior to conducting such activity.
b. The permittee shall submit a closure plan for review and approval to the Municipal
Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality Division,
for any closure activity at least go days prior to conducting such activity. Closure is the
act of permanently taking a waste management unit or treatment facility out of service
and includes the permanent removal from service of any pit, tank, pond, lagoon, surface
impoundment and/or other treatment unit regulated by this permit.
4. The permittee is responsible for installing prior to plant start-up, and subsequently
maintaining, adequate safeguards to prevent the dischargeof untreated or inadequately
treated wastes during electrical power failures by means of alternate power sources, standby
generators, and/or retention of inadequately treated wastewater.
5. Unless otherwise specified, the permittee shall provide a readily accessible sampling point
and, where applicable, an effluent flow measuring device or other acceptable means by
which effluent flow may be determined.
6. The permittee shall remit an annual water quality fee to the Commission as required by 30
TAC Chapter 21. Failure to pay the fee may result in revocation of this permit under TWC §
7.302(b)(6)•
7. Documentation
For all written notifications to the Commission required of the permittee by this permit, the
permittee shall keep and make available a copy of each such notification under the same
conditions as self-monitoring data are required to be kept and made available. Except for
information required for TPDES permit applications, effluent data, including effluent data in
permits, draft permits and permit applications, and other information specified as not
Page 13
City of La Porte
TPDES Permit No. WQ00102o600l
confidential in 3o TAC §§ r.5(d), any information submitted pursuant to this permit may be
claimed as confidential by the submitter. Any such claim must be asserted in the manner
prescribed in the application form or by stamping the words confidential business
information on each page containing such information. If no claim is made at the time of
submission, information may be made available to the public without further notice. If the
Commission or Executive Director agrees with the designation of confidentiality, the TCEQ
will not provide the information for public inspection unless required by the Texas Attorney
General or a court pursuant to an open records request. If the Executive Director does not
agree with the designation of confidentiality, the person submitting the information will be
notified.
8. Facilities that generate domestic wastewater shall comply with the following provisions;
domestic wastewater treatment facilities at permitted industrial sites are excluded.
a. Whenever flow measurements for any domestic sewage treatment facility reach 75% of
the permitted daily average or annual average flow for three consecutive months, the
permittee must initiate engineering and financial planning for expansion and/or
upgrading of the domestic wastewater treatment and/or collection facilities. Whenever
the flow reaches 9o% of the permitted daily average or annual average flow for three
consecutive months, the permittee shall obtain necessary authorization from the
Commission to commence construction of the necessary additional treatment and/or
collection facilities. In the case of a domestic wastewater treatment facility which reaches
75% of the permitted daily average or annual average flow for three consecutive months,
and the planned population to be served or the quantity of waste produced is not
expected to exceed the design limitations of the treatment facility, the permittee shall
submit an engineering report supporting this claim to the Executive Director of the
Commission.
If in the judgment of the Executive Director the population to be served will not cause
permit noncompliance, then the requirement of this section may be waived. To be
effective, any waiver must be in writing and signed by the Director of the Enforcement
Division (MC 149) of the Commission, and such waiver of these requirements will be
reviewed upon expiration of the existing permit; however, any such waiver shall not be
interpreted as condoning or excusing any violation of any permit parameter.
b. The plans and specifications for domestic sewage collection and treatment works
associated with any domestic permit must be approved by the Commission and failure to
secure approval before commencing construction of such works or malting a discharge is
a violation of this permit and each day is an additional violation until approval has been
secured.
c. Permits for domestic wastewater treatment plants are granted subject to the policy of the
Commission to encourage the development of area -wide waste collection, treatment, and
disposal systems. The Commission reserves the right to amend any domestic wastewater
permit in accordance with applicable procedural requirements to require the system
covered by this permit to be integrated into an area --wide system, should such be
developed; to require the delivery of the wastes authorized to be collected in, treated by
or discharged from said system, to such area -wide system; or to amend this permit in
any other particular to effectuate the Commission's policy. Such amendments may be
made when the changes required are advisable for water quality control purposes and
are feasible on the basis of waste treatment technology, engineering, .financial, and
Page 14
City of La Porte TPDES Permit No. WQoolo2,o600l
related considerations existing -at the time the changes are required, exclusive of the loss
of investment in or revenues from any then existing or proposed waste collection,
treatment or disposal system.
g. Domestic wastewater treatment plants shall be operated and maintained by sewage plant
operators holding a valid certificate of competency at the required level as defined in 3o TAC
Chapter 30.
10. For Publicly Owned Treatment Works (POTWs), the 3o -day average (or monthly average)
percent removal for BOD and TSS shall not be less than 85%, unless otherwise. authorized by
this permit.
11. Facilities that generate industrial solid waste as defined in 3o TAC § 335.1 shall comply with
these provisions:
a. Any solid waste, as defined in 3o TAC § 335.1 (including but not limited to such wastes
as garbage, refuse, sludge from a waste treatment, water supply treatment plant or air
pollution control facility, discarded materials, discarded materials to be recycled,
whether the waste is solid, liquid, or semisolid), generated by the permittee during the
management and treatment of wastewater, must be managed in accordance with all
applicable provisions of 3o TAC Chapter 335, relating to Industrial Solid Waste
Management.
b. Industrial wastewater that is being collected, accumulated, stored, or processed before
discharge through any final discharge outfall, specified by this permit, is considered to be
industrial solid waste until the wastewater passes through the actual point source
discharge and must be managed in accordance with all applicable provisions of 3o TAC
Chapter 335•
c. The permittee shall provide written notification, pursuant to the requirements of 3o TAC
§ 335•8(b)(x), to the Environmental Cleanup Section (MC 127) of the Remediation
Division informing the Commission of any closure activity involving an Industrial Solid
Waste Management Unit, at least go days prior to conducting such an activity.
d. Construction of any industrial solid waste management unit requires the prior written
notification of the proposed activity to the Registration and Reporting Section (MC 129)
of the Registration, Review, and Reporting Division. No person shall dispose of
industrial solid waste, including sludge or other solids from wastewater treatment
processes, prior to fulfilling the deed recordation requirements of 3o TAC § 335.5•
e. The term "industrial solid waste management unit" means a landfill, surface
impoundment, waste -pile, industrial furnace, incinerator, cement kiln, injection well,
container, drum, salt dome waste containment cavern, or any other structure vessel,
appurtenance, or other improvement on land used to manage industrial solid waste.
f. The permittee shall keep management records for all sludge (or other waste) removed
from. any wastewater treatment process. These records shall fulfill all applicable
requirements of 3o TAC § 335 and must include the following, as it pertains to
wastewater treatment and discharge:
L Volume of waste and date(s) generated from treatment process;
ii. Volume of waste disposed of on-site or shipped off-site;
Page 15
City of La Porte
iii. Date(s) of disposal;
iv. Identity of hauler or transporter;
v. Location of disposal site; and
vi. Method of final disposal.
TPDES Permit No. WQ0010206001
The above records shall be maintained on a monthly basis. The records shall be retained
at the facility site, or shall be readily available for review by authorized representatives of
the TCEQ for at least five years.
12. For industrial facilities to which the requirements of 3o TAC § 335 do not apply, sludge and
solid wastes, including tank cleaning and contaminated solids for disposal, shall be disposed
of in accordance with THSC § 361.
TCEQ Revision 08/2008
Page 16
City of La Porte
SLUDGE PROVISIONS
TPDES Permit No. WQ00102o6001
The permittee is authorized to dispose of sludge only at a Texas Commission on
Environmental Quality (TCEQ) authorized land application site or co -disposal landfill. The
disposal of sludge by land application on property owned, leased or under the
direct control of the permittee is a violation of the permit unless the site is
authorized with the TCEQ. This provision does not authorize Distribution and
Marketing of sludge. This provision does not authorize land application of Class
A Sludge. This provision does not authorize the permittee to land apply sludge
on property owned, leased or under the direct control of the permittee.
SECTION I. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE LAND
APPLICATION
A. General Requirements
1. The permittee shall handle and dispose of sewage sludge in accordance with 3o TAC §
312 and all other applicable state. and federal regulations in a manner that protects
public health and the environment from any reasonably anticipated adverse effects due
to any toxic pollutants that may be present in the sludge.
2. In all cases, if the person (permit holder) who prepares the sewage sludge supplies the
sewage sludge to another person for land application use or to the owner or lease holder
of the land, the permit holder shall provide necessary information to the parties who
receive the sludge to assure compliance with these regulations.
3. The permittee shall give 18o days prior notice to the Executive Director in care of the
Wastewater Permitting Section (MC 148) of the Water Quality Division of any change
planned in the sewage sludge disposal practice.
B. Testing Requirements
i. Sewage sludge shall be tested annually in accordance with the method specified in both
40 CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I Toxicity Characteristic
Leaching Procedure (TCLP) or other method that receives the prior approval of the
TCEQ for the contaminants listed in 40 CFR Part 261.24, Table 1. Sewage sludge failing
this test shall be managed according to RCRA standards for generators of hazardous
waste, and the waste's disposition must be in accordance with all applicable
requirements for hazardous waste processing, storage, or disposal. Following failure of
any TCLP test, the management or disposal of sewage sludge at a facility other than an
authorized hazardous waste processing, storage, or disposal facility shall be prohibited
until such time as the permittee can demonstrate. the sewage sludge no longer exhibits
the hazardous waste toxicity characteristics (as demonstrated by the results of the TCLP
tests), A written report shall be provided to both the TCEQ Registration and Reporting
Section (MC 129) of the Permitting and Remediation Support Division and the Regional
Director (MC Region 12) within seven (7) days after failing the TCLP Test.
The report shall contain test results,. certification that unauthorized waste management
has stopped and a summary of alternative disposal plans that comply with RCRA
standards for the management of hazardous waste. The report shall be addressed to:
Page 17
City of La Porte
TPDES Permit No. WQ00102o6001
Director, Registration, Review, and Reporting Division (MC 12g), Texas Commission on
Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087. In addition, the
permittee shall prepare an annual report on the results of all sludge toxicity testing. This
annual report shall be submitted to the TCEQ Regional Office (MC Region 12) and the
Water Quality Compliance Monitoring Team (MC 2224) of the Enforcement Division by
September 30 of each year.
2. Sewage sludge shall not be applied to the land if the concentration of the pollutants
exceeds the pollutant concentration criteria in Table 1. The frequency of testing for
pollutants in Table 1 is found in Section I.C.
Pollutant
Arsenic
Cadmium
Chromium
Copper
Lead
Mercury
Molybdenum
Nickel
PCBs
Selenium
Zinc
* Dry weight basis
3. Pathogen Control
TABLE 1
Ceiling Concentration
(Milligrams per kilogram)*
75
85
3000
4300
840
57
75
420
49
100
7500
All sewage sludge that is applied to agricultural land, forest, a public contact site, or a
reclamation site shall be treated by one of the following methods to ensure that the
sludge meets either the Class A or Class B pathogen requirements.
a. Six alternatives are available to demonstrate compliance with Class A sewage sludge.
The first 4 options require either the density of fecal coliform in the sewage sludge be
less than l000 Most Probable Number (MPN) per gram of total solids (dry weight
basis), or the density of Salmonella sp. bacteria in the sewage sludge be less than
three MPN per four grams of total solids (dry weight basis) at the time the sewage
sludge is used or disposed. Below are the additional requirements necessary to meet
the definition of a Class A sludge.
Alternative 1- The temperature of the sewage sludge that is used or disposed shall be
maintained at or above a specific value for a period of time. See 3o TAC §
312.82(a)(2,)(A) for specific information.
Alternative 2 - The pH of the sewage sludge that is used or disposed shall be raised to
above 12 std. units and shall remain above 12 std. units for 72 hours.
Page 18
City of La Porte
TPDES Permit No. WQ00102o6001
The temperature of the sewage sludge shall be above 52° Celsius for 12hours or
longer during the period that the pH of the sewage sludge is above 12 std. units.
At the end of the 72 -hour period during which the pH of the sewage sludge is above
12 std. units, the sewage sludge shall be air dried to achieve a percent solids in the
sewage sludge greater than 5o%.
Alternative a- The sewage sludge shall be analyzed for enteric viruses prior to
pathogen treatment. The limit for enteric viruses is less than one Plaque -forming
Unit per four grams of total solids (dry weight basis) either before or following
pathogen treatment. See 3o TAC § 312.82(a)(2)(C)(i-iii) for specific information. The
sewage sludge shall be analyzed for viable helminth ova prior to pathogen treatment.
The limit for viable helminth ova is less than one per four grams of total solids (dry
weight basis) either before or following pathogen treatment. See 3o TAC §
312.82(a)(2)(C)(iv-vi) for specific information.
Alternative 4 - The density of enteric viruses in the sewage sludge shall be less than
one Plaque -forming Unit per four grams of total solids (dry weight basis) at the time
the sewage sludge is used or disposed. The density of viable helminth ova in the
sewage sludge shall be less than one per four grams of total solids (dry weight basis)
at the time the sewage sludge is used or disposed.
Alternative (PFRP) - Sewage sludge that is used or disposed of shall be treated in
one of the processes to Further Reduce Pathogens (PFRP) described in 40 CFR Part
503, Appendix B. PFRP include composting, heat drying, heat treatment, and
thermophilic aerobic digestion.
Alternative 6 (PFRP Equivalent) - Sewage sludge that is used or disposed of shall be
treated in a process that has been approved by the U.S. Environmental Protection
Agency as being equivalent to those in Alternative 5.
b. Three alternatives are available to demonstrate compliance with Class B criteria for
sewage sludge.
Alternative 1
i. A minimum of seven random samples of the sewage sludge shall be collected
within 48 hours of the time the sewage sludge is used or disposed of during each
monitoring episode for the sewage sludge.
ii. The geometric mean of the density of fecal coliform in the samples collected shall
be less than either 2,000,000 MPN per gram of total solids (dry weight basis) or
2,000,000 Colony Forming Units per gram of total solids (dry weight basis).
Alternative 2 - Sewage sludge that is used or disposed of shall be treated in one of
the Processes to Significantly Reduce Pathogens (PSRP) described in 40 CFR Part
503, Appendix B, so long as all of the following requirements are met by the
generator of the sewage sludge.
L Prior to use or disposal, all the sewage sludge must have been generated from a
single location, except as provided in paragraph v. below;
Page 19
City of La Porte
Page 20
TPDES Permit No. WQ00102o600s
ii. An independent Texas Licensed Professional Engineer must make a certification
to the generator of a sewage sludge that the wastewater treatment facility
generating the sewage sludge is designed to achieve one of the PSRP at the
permitted design loading of the facility. The certification need only be repeated if
the design loading of the facility is increased. The certification shall include a
statement indicating the design meets all the applicable standards specified in
Appendix B of 40 CFR Part 503;
iii. Prior to any off-site transportation or on-site use or disposal of any sewage
sludge generated at a wastewater treatment facility, the chief certified operator of
the wastewater treatment facility or other responsible official who manages the
processes to significantly reduce pathogens at the wastewater treatment facility
for the permittee, shall certify that the sewage sludge underwent at least the
minimum operational requirements necessary in order to meet one of the PSRP.
The acceptable processes and the minimum operational and record keeping
requirements shall be in accordance with established U.S. Environmental
Protection Agency final guidance;
iv. All certification records and operational records describing how the requirements
of this paragraph were met shall be kept by the generator for a minimum of three
years and be available for inspection by commission staff for review; and
v. If the sewage sludge is generated from a mixture of sources, resulting from a
person who prepares sewage sludge from more than one wastewater treatment
facility, the resulting derived product shall meet one of the PSRP, and shall meet
the certification, operation, and record keeping requirements of this paragraph.
Alternative j - Sewage sludge shall be treated in an equivalent process that has been
approved by the U.S. Environmental Protection Agency, so long as all of the
following requirements are met by the generator of the sewage sludge.
is Prior to use or disposal, all the sewage sludge must have been generated from a
single location, except as provided in paragraph v. below;
ii. Prior to any off-site transportation or on-site use or disposal of any sewage
sludge generated at a wastewater treatment facility, the chief certified operator of
the wastewater treatment facility or other responsible official who manages the
processes to significantly reduce pathogens at the wastewater treatment facility
for the permittee, .shall certify that the sewage sludge underwent at least the
minimum operational requirements necessary in order to meet one of the PSRP.
The acceptable processes and the minimum operational and record peeping
requirements shall be in accordance with established U.S. Environmental
Protection Agency final guidance;
iii. All certification records and operational records describing how the requirements
of this paragraph were met shall be kept by the generator for a minimum of three
years and be available for inspection by commission staff for review;
iv. The Executive Director will accept from the U.S. Environmental Protection
Agency a finding of equivalency to the defined PSRP; and
City of La Porte
TPDES Permit No. WQ00102o600r
v. If the sewage sludge is generated from a mixture of sources resulting from a
person who prepares sewage sludge from more than one wastewater treatment
facility, the resulting derived product shall .meet one of the Processes to
Significantly Reduce Pathogens, and shall meet the certification, operation, and
record keeping requirements of this paragraph.
In addition, the following site restrictions must be met if Class B sludge is land
applied:
i. Food crops with harvested parts that touch the sewage sludge/soil mixture and
are totally above the land surface shall not be harvested for 14 months after
application of sewage sludge.
ii. Food crops with harvested parts below the surface of the land shall not be
harvested for 20 months after application of sewage sludge when the sewage
sludge remains on the land surface for 4 months or longer prior to incorporation
into the soil.
iii. Food crops with harvested parts below the surface of the land shall not be
harvested for 38 months after application of sewage sludge when the sewage
sludge remains on the land surface for less than 4 months prior to incorporation
into the soil
iv. Food crops, feed crops, and fiber crops shall not be harvested for 3o days after
application of sewage sludge.
v. Animals shall not be allowed to graze on the land for 3o days after application of
sewage sludge.
vi. Turf grown on land where sewage sludge is applied shall not be harvested for:t
year after application of the sewage sludge when the harvested turf is placed on
either land with a high potential for public exposure or a lawn.
vii. Public access to land with a high potential for public exposure shall be restricted
for x year after application of sewage sludge.
viii. Public access to land with a low potential for public exposure shall be
restricted for 3o days after application of sewage sludge.
ix. Land application of sludge shall be in accordance with the buffer zone
requirements found in 3o TAC § 312.44•
4. Vector Attraction Reduction Requirements
All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, or
a reclamation site shall be treated by one of the following Alternatives 1 through 10 for
vector attraction reduction.
Alternative 1 - The mass of volatile solids in the sewage sludge shall be reduced by a
minimum of 38%.
Page 21
City of La Porte
TPDES Permit No. WQ0010206001
Alternative 2 - If Alternative 1 cannot be met for an anaerobically digested sludge,
demonstration can be made by digesting a portion of the previously
digested sludge anaerobically in the laboratory in a bench -scale unit
for 4o additional days at.a temperature between 30° and 3'7° Celsius.
Volatile solids must be. reduced by less than 17% to demonstrate
compliance.
Alternative 3 - If Alternative 1 cannot be met for an aerobically digested sludge,
demonstration can be made by digesting a portion of the previously
digested sludge with percent solids of two percent or less aerobically
in the laboratory in a bench -scale unit for 3o additional days at 20°
Celsius. Volatile solids must be reduced by less than 15% to
demonstrate compliance.
Alternative 4 - The specific oxygen uptake rate (SOUR) for sewage sludge treated in
an aerobic process shall be equal to or less than 1.5 milligrams of
oxygen per hour per gram of total solids (dry weight basis) at a
temperature of 20° Celsius.
Alternative :� - Sewage sludge shall be treated in an aerobic process for 1-4 days or
longer. During that time, the temperature of the sewage sludge shall
be higher than 40° Celsius and the average temperature of the sewage
sludge shall be higher than 45° Celsius.
Alternative 6 - The pH of sewage sludge shall be raised to 12 or higher by alkali
addition and, without the addition of more alkali shall remain at 12 or
higher for two hours and then remain at a pH of 11.5 or higher for an
additional 22 hours at the time the sewage sludge is prepared for sale
or given away in a bag or other container.
Alternative 7 The percent solids of sewage sludge that does not contain unstabilized
solids generated in a primary wastewater treatment process shall be
equal to or greater than 75% based on the moisture content and total
solids prior to mixing with other materials. Unstabilized solids are
defined as organic materials in sewage sludge that have not been
treated in either an aerobic or anaerobic treatment process.
Alternative 8 - The percent solids of sewage sludge that contains unstabilized solids
generated in a primary wastewater treatment process shall be equal to
or greater than go% based on the moisture content and total solids
prior to mining with other materials at the time the sludge is used.
Unstabilized solids are defined as organic materials in sewage sludge
that have not been treated in either an aerobic or anaerobic treatment
process.
Alternative o - i. Sewage sludge shall be injected below the surface of the land.
ii. No significant amount of the sewage sludge shall be present on the
land surface within one hour after the sewage sludge is injected.
iii. When sewage sludge that is injected below the surface of the land
Page 22
City of La Porte
TPDES Permit No. WQoo1o2o6001
is Class A with respect to pathogens, the sewage sludge shall be
injected below the land surface within eight hours after being
discharged from the pathogen treatment process.
Alternative 10- i. Sewage sludge applied to the land surface or placed on a surface
disposal site shall be incorporated into the soil within six hours
after application to or placement on the land.
ii. When sewage sludge that is incorporated into the soil is Class A
with respect to pathogens, the sewage sludge shall be applied to or
placed on the land within eight hours after being discharged from
the pathogen treatment process.
C. Monitoring Requirements
Toxicity Characteristic Leaching Procedure - annually
(TCLP) Test
PCBs - annually
All metal constituents and fecal coliform or Salmonella sp. bacteria shall be monitored at
the appropriate frequency shown below, pursuant to 3.o TAC § 312.46(a)(i):
Amount of sewage sludge (*)
metric tons perg65-dgy period Monitoring Frequency
o to less than ego Once/Year
ego to less than 1,5oo Once/Quarter
1,500 to less than 15,000 One Months
15,000 or greater Once/Month
(*) The amount of bulk sewage sludge applied to the land
(dry weight basis).
Representative samples of sewage sludge shall be collected and analyzed in accordance
with the methods referenced in 3o TAC § 312.7
Page 23
City of La Porte
TPDES Permit No. WQ00102o6001
SECTION II. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE FOR
APPLICATION TO THE LAND MEETING CLASS A or B
PATHOGEN REDUCTION AND THE CUMULATIVE LOADING
RATES IN TABLE 2, OR CLASS B PATHOGEN REDUCTION AND
THE POLLUTANT CONCENTRATIONS IN TABLE 3
For those permittees meeting Class A or B pathogen reduction requirements and that meet the
cumulative loading rates in Table 2 below, or the Class B pathogen reduction requirements and
contain concentrations of pollutants below listed in Table 3, the following conditions apply:
A. Pollutant Limits
Table 2
Pollutant
Cumulative Pollutant Loading Rate
Arsenic
(pounds per acreY
Arsenic
36
Cadmium
35
Chromium
2677
Copper
1339
Lead
268
Mercury
15
Molybdenum
Report Only
Nickel
375
Selenium
89
Zinc
2500
Table 3
Monthlv AveraLye Concentration
Pollutant
(milligrams per kilogram)*
Arsenic
41
Cadmium
39
Chromium
1200
Copper
1500
Lead
300
Mercury
17
Molybdenum
Report Only
Nickel
420
Selenium
36
Zinc
2800
*Dry weight basis
B. Pathogen Control
All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, a
reclamation site, shall be treated by either Class A or Class B pathogen reduction
requirements as defined above in Section I. B-3.
Page 24
City of La Porte
C. Management Practices
TPDES Permit No. WQoo1o2o6001
i. Bulk sewage sludge shall not be applied to agricultural land, forest, a public contact site,
or a reclamation site that is flooded, frozen, or snow-covered so that the bulk sewage
sludge enters a wetland or other waters in the State.
2. Bulk sewage sludge not meeting Class A requirements shall be land applied in a manner
which complies with the Management Requirements in accordance with 3o TAC §
312.44.
3. Bulk sewage sludge shall be applied at or below the agronomic rate of the cover crop.
4. An information sheet shall be provided to the person who receives bulk sewage sludge
sold or given away. The information sheet shall contain the following information:
a. The name and address of the person who prepared the sewage sludge that is sold or
given away in a bag or other container for application to the land.
b. A statement that application of the sewage sludge to the land is prohibited except in
accordance with the instruction on the label or information sheet.
c. The annual whole sludge application rate for the sewage sludge application rate for
the sewage sludge that does not cause any of the cumulative pollutant loading rates
in Table. 2 above to be exceeded, unless the pollutant concentrations in Table 3 found
in Section 11 above are met.
D. Notification Requirements
1. If bully sewage sludge is applied to land in a State other than Texas, written notice shall
be provided prior to the initial land application to the permitting authority for the State
in which the bulk sewage sludge is proposed to be applied. The notice shall include:
a. The location, by street address, and specific latitude and longitude, of each land
application site.
b.. The approximate time period bulk sewage sludge will be applied to the site.
c. The name, address, telephone number, and National Pollutant Discharge
Elimination System permit number (if appropriate) for the person who will apply the
bulk sewage sludge.
2. The permittee shall give 18o days prior notice to the Executive Director in care of the
Wastewater Permitting Section (MC 148) of the Water Quality Division of any change
planned in the .sewage sludge disposal practice.
E. Record keeping Requirements
The sludge documents will be retained at the facility site and/or shall be readily available for
review by a TCEQ representative. The person who prepares bulk sewage sludge or a sewage
sludge material shall develop the following information and shall retain the information at
the facility site and/or shall be readily available for review by a TCEQ representative for a
Page 25
City of La Porte
TPDES Permit No. WQooio2o600i
period of five years. If the permittee supplies the sludge to another person who land applies
the sludge, the permittee shall notify the land applier of the requirements for record keeping
found in 30 TAC § 312.47 for persons who land apply.
1. The concentration (mg/lig) in the sludge of each pollutant listed in Table 3 above and the
applicable pollutant concentration criteria (mg/kg), or the applicable cumulative
pollutant loading rate and the applicable cumulative pollutant loading rate limit (lbs/ac)
listed in Table 2 above.
2. A description of how the pathogen reduction requirements are met (including site
restrictions for Class S sludge, if applicable).
3. A description of how the vector attraction reduction requirements are met.
4. A description of how the management practices listed above in Section ILC are being
met.
5. The following certification statement:
"I certify, under penalty of law, that the applicable pathogen requirements in 3o TAC §
312.82(a) or (b) and the vector attraction reduction requirements in 3o TAC § 312.83(b)
have been met for each site on which bulk sewage sludge is applied. This determination
has been made under my direction and supervision in accordance with the system
designed to ensure that qualified personnel properly gather and evaluate the information
used to determine that the management practices have been met. I am aware that there
are significant penalties for false certification including. fine and imprisonment."
6. The recommended agronomic loading rate from the references listed in Section II.C.3.
above, as well as the actual agronomic loading rate shall be retained. The person who
applies bulk sewage sludge or a sewage sludge material shall develop the following
information and shall retain the information at the facility site and/or shall be readily
available for review by a TCEQ representative indefinitely. If the permittee supplies the
sludge to another person who land applies the sludge, the permittee shall notify the land
applier of the requirements for record keeping found in 3o TAC § 312.47 for persons who
land apply:
a. A certification statement that all applicable requirements (specifically listed) have
been met, and that the permittee understands that there are significant penalties for
false certification including fine and imprisonment. See 3o TAC § 312.47(a)(4)(A)(ii)
or 30 TAC § 312.47(a)(5)(A)(ii), as applicable, and to the permittee's specific sludge
treatment activities.
b. The location, by street address, and specific latitude and longitude, of each site on
which sludge is applied.
c. The number of acres in each site on which bulk sludge is applied.
d. The date and time sludge is applied to each site.
e. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to
each site.
f. The total amount of sludge applied to each site in dry tons.
Page 26
City of La Porte
TPDES Permit No. WQoolo.206001
The above records shall be maintained on-site on a monthly basis and shall be made
available to the Texas Commission on Environmental Quality upon request.
F. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 12) and Water
Quality Compliance Monitoring Team (MC 224) of the Enforcement Division, by September
30 of each year the following information:
1. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for
the permittee's land application practices.
2. The frequency of monitoring listed in Section I.C. that applies to the permittee.
3, Toxicity Characteristic Leaching Procedure (TCLP) results.
4. Identity of hauler(s) and TCEQ transporter number.
5. PCB concentration in sludge in mg/kg.
6. Date(s) of disposal.
7. Owner of disposal sitc(s).
S. Texas Commission on Environmental Quality registration number, if applicable.
g, Amount of sludge disposal dry weight (lbs/acre) at each disposal site.
10. The concentration (mg/kg) in the sludge of each pollutant listed in Table 1 (defined as a
monthly average) as well as the applicable pollutant concentration criteria (mg/kg) listed
in Table 3 above, or the applicable pollutant loading rate limit (lbs/acre) listed in Table 2
above if it exceeds go% of the limit.
11. Level of pathogen reduction achieved (Class A or Class B).
12. Alternative used as listed in Section I.B.3.(a. or b.). Alternatives describe how the
pathogen reduction requirements are met. If Class B sludge, include information on how
site restrictions were met.
13. Vector attraction reduction alternative used as listed in Section I.B.4.
14. Annual sludge production in dry tons/year.
15. Amount of sludge land applied in dry tons/year.
16. The certification statement listed in either 3o TAC § 312.47(a)(4)(A)(ii) or 3o TAC §
312.47(a)(5)(A)(ii) as applicable to the permittee's sludge treatment activities, shall be
attached to the annual reporting form.
17. When the amount of any pollutant applied to the land exceeds go % of the cumulative
pollutant loading rate for that pollutant, as described in Table 2, the permittee shall
report the following information as an attachment to the annual reporting form.
Page 2'7
City of La Porte TPDES Permit No. WQ00102o600x
a. The location, by street address, and specific latitude and longitude.
b. The number of acres in each site on which bulk sewage sludge is applied.
c. The date and time bulk sewage sludge is applied to each site.
d. The cumulative amount of each pollutant (i.e., pounds/acre) listed in Table 2 in the
bulk sewage sludge applied to each site.
e. The amount of sewage sludge (i.e., dry tons) applied to each site
The above records shall be maintained on a monthly basis and shall be made available to
the Texas Commission on Environmental Quality upon request.
Page 28
City of La Porte
TPDES Permit No. WQ00102o6001
SECTION III. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE
DISPOSED IN A MUNICIPAL SOLID WASTE LANDFILL
A. The permittee shall handle and dispose of sewage sludge in accordancewith 3o TAC § 330
and all other applicable state and federal regulations to protect public health and the
environment from any reasonably anticipated adverse effects due to any toxic pollutants that
may be present. The permittee shall ensure that the sewage sludge meets the requirements
in 3o TAC § 330 concerning the quality of the sludge disposed in a municipal solid waste
landfill.
B. If the permittee generates sewage sludge and supplies that sewage sludge to the owner or
operator of a municipal solid waste landfill (MSWLF) for disposal, the permittee shall
provide to the owner or operator of the MSWLF appropriate information needed to be in
compliance with the provisions of this permit.
C. The permittee shall give 18o days prior notice to the Executive Director in care of the
Wastewater Permitting Section (MC 148) of the Water Quality Division of any change
planned in the sewage sludge disposal practice.
D. Sewage sludge shall be tested annually in accordance with the method specified in both 40
CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I (Toxicity Characteristic
Leaching Procedure) or other method, which receives the prior approval of the TCEQ for
contaminants listed in Table 1 of 40 CFR § 261.24. Sewage sludge failing this test shall be
managed according to RCRA standards for generators of hazardous waste, and the waste's
disposition must be in accordance with all applicable requirements for hazardous waste
processing, storage, or disposal.
Following failure of any TCLP test, the management or disposal of sewage sludge at a facility
other than an authorized hazardous waste processing, storage, or disposal facility shall be
prohibited until such time as the permittee can demonstrate the sewage sludge no longer
exhibits the hazardous waste toxicity characteristics (as demonstrated by the results of the
TCLP tests). A written report shall be provided to both the TCEQ Registration and Reporting
Section (MC 129) of the Permitting and Remediation Support Division and the Regional
Director (MC Region 12) of the appropriate TCEQ field office within 7 days after failing the
TCLP Test.
The report shall contain test results, certification that unauthorized waste management has
stopped and a summary of alternative disposal plans that comply with RCRA standards for
the management of hazardous waste. The report shall be addressed to: Director,
Registration, Review, and Reporting Division .(MC 129), Texas Commission on
Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the
permittee shall prepare an annual report on the results of all sludge toxicity testing. This
annual report shall be submitted to the TCEQ Regional Office (MC Region 12) and the Water
Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by September
3o of each year.
E. Sewage sludge shall be tested as needed, in accordance with the requirements of 3o TAC
Chapter 330.
F. Record keeping Requirements
The permittee shall develop the following information and shall retain the information for
five years.
Page 29
City of La Porte TPDES Permit No. WQ00102o600i
1. The description (including procedures followed and the results) of all liquid Paint Filter
Tests performed.
2. The description (including procedures followed and results) of all TCLP tests performed.
The above records shall be maintained on-site on a monthly basis and shall be made
available to the Texas Commission on Environmental Quality upon request.
G. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 12) and Water
Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by September
30 of each year the following information:
1. Toxicity Characteristic Leaching Procedure (TCLP) results.
2. Annual sludge production in dry tons/year.
3. Amount of sludge disposed in a municipal solid waste landfill in dry tons/year.
4. Amount of sludge transported interstate in dry tons/year.
5. A certification that the sewage sludge meets the requirements of 3o TAC § 330
concerning the quality of the sludge disposed in a municipal solid waste landfill.
6. Identity of hauler(s) and transporter registration number.
y. Owner of disposal site(s).
8. Location of disposal site(s).
g. Date(s) of disposal.
The above records shall be maintained on-site on a monthly basis and shall be made
available to the Texas Commission on Environmental Quality upon request.
Page 30
City of La Porte
OTHER REQUIREMENTS
TPDES Permit No. WQ00102o6001
1. The permittec shall employ or contract with one or more licensed wastewater treatment
facility operators or wastewater system operations companies holding a valid license or
registration according to the requirements of 3o TAC Chapter 30, Occupational Licenses and
Registrations and in particular 3o TAC Chapter 30, Subchapter J, Wastewater Operators and
Operations Companies.
This Category B facility must be operated by a chief operator or an operator holding a
Category B license or higher. The facility must be operated a minimum of five days per week
by the licensed chief operator or an operator holding the required level of license or higher.
The licensed chief operator or operator holding the required level of license or higher must
be available by telephone or pager seven days per week. Where shift operation of the
wastewater treatment facility is necessary, each shift that does not have the on-site
supervision of the licensed chief operator must be supervised by an operator in charge who
is licensed not less than one level below the category for the facility.
2. The Executive Director has reviewed this action for consistency with the goals and policies of
the Texas Coastal Management Program (CMP) in accordance with the regulations of the
General Land Office (GLO) and has determined that the action is consistent with the
applicable CMP goals and policies.
3. There is no mixing zone established for this discharge to an intermittent stream. Acute toxic
criteria apply at the point of discharge.
4. The permittee is hereby placed on notice that this permit may be reviewed by the TCEQ after
the completion of any new intensive water quality survey on Segment No. 2421 of the Bay
and Estuaries and any subsequent updating of the water quality model for Segment No.
2421, in order to determine if the limitations and conditions contained herein are consistent
with any such revised model. The permit may be amended, pursuant to 3o TAC §305.62, as
a result of such review. The permittee is also hereby placed on notice that effluent limits may
be made more stringent at renewal based on, for example, any change to modeling protocol
approved in the TCEQ Continuing Planning Process.
5. The permittee meets 30 TAC § 309.13(e)(3) by cemetery easement. The permittee shall
comply with the requirements of 3o TAC § 309.13(a) through (d). (See Attachment A.)
6. The permittee shall provide facilities for the protection of its wastewater treatment facilities
from a 1oo-year flood.
7. In accordance with 30 TAC §319.9, a permittee that has at least twelve months of
uninterrupted compliance with its bacteria limit may notify the commission in writing of its
compliance and request a less frequent measurement schedule. To request a less frequent
schedule, the permittee shall submit a written request to the TCEQ Wastewater Permitting
Section (MC 148) for each phase that includes a different monitoring frequency. The request
must contain all of the reported bacteria values (Daily Avg. and Daily Max/Single Grab) for
the twelve consecutive months immediately prior to the request. If the Executive Director
finds that a less frequent measurement schedule is protective of human health and the
environment, the permittee may be given a less frequent measurement schedule. For this
permit, 1/week may be reduced to 2/month. A violation of any bacteria limit by a
facility that has been granted a less frequent measurement schedule will
Page 31
City of La Porte
TPDES Permit No. WQ00102o6001
require the permittee to return to the standard frequency schedule and submit
written notice to the TCEQ Wastewater Permitting Section (MC 148). The
permittee may not apply for another reduction in measurement frequency for at least 24
months from the date of the last violation. The Executive Director may establish a more
frequent measurement schedule if necessary to protect human health or the environment.
8. A certified operator shall inspect the facility daily and maintain at the plant site a record of
these inspections. These records shall be available at the plant site for inspection by
authorized representatives of the commission for at least three years.
g. Permit compliance/noncompliance determinations will be based on the effluent limitations
contained in this permit with consideration given to the Minimum Analytical Level (MAL)
for the parameters specified as follows. Test methods utilized shall be sensitive enough to
demonstrate compliance with the permit effluent limitations.
Parameter
MAL (mg/1)
Total Copper
0.010
Total Nickel
0.010
Total Zinc
0.005
When an analysis of an effluent sample for any of the parameters listed above indicates no
detectable levels above the MAL and the test method detection level is as sensitive as the
specified MAL, a value of zero (o) shall be used for that measurement when determining
calculations and reporting requirements for the self reporting form. This applies to
determinations of daily maximum concentration, calculations of loading and daily averages,
and other reportable results.
When a reported value is zero (o) based on this MAL provision, the permittee shall submit
the following statement with the self -reporting form either as a separate attachment to the
form or as a statement in the comments section of the form.
"The reported value(s) of zero (o) for [list parameter(s)] on the self -reporting form for
[monitoring period date range] is based on the following conditions: 1) the analytical
method used had a method detection level as sensitive as the MAL specified in the permit,
and 2) the analytical results contained no detectable levels above the specified MAL."
When an analysis of an effluent sample for a parameter indicates no detectable levels and
the test method detection level is not as sensitive as the MAL specified in the permit, or an
MAL is not specified in the permit for that parameter, the level of detection achieved shall be
used for that measurement when determining calculations and reporting requirements for
the self -reporting form. A zero (o) may not be used.
Page 32
City of La Porte
TPDES Permit No. WQ00102o6o01
CONTRIBUTING INDUSTRIES AND PRETREATMENT REQUIREMENTS
r. The permittee shall operate an industrial pretreatment program in accordance with Sections
4020)(8) and (b)(9) of the Clean Water Act, the General Pretreatment Regulations (40 CFR
Part 403) and the approved POTW pretreatment program submitted by the permittee. The
pretreatment program was approved on November 17, 2004, and modified on January
22, 20314 (Streamlining Rule).
The POTW pretreatment program is hereby incorporated by reference and shall be
implemented in a manner consistent with the following requirements:
a, Industrial user (IU) information shall be kept current according to 40 CFR
§§403.8(f)(2)(i) and (ii) and updated at a frequency set forth in the approved
pretreatment program to reflect accurate characterization of all IUs;
b. The frequency and nature of IU compliance monitoring activities by the permittee
shall be consistent with the approved POTW pretreatment program and
commensurate with the character, consistency, and volume of waste. The permittee
is required to inspect and sample the effluent from each significant industrial user
(SIU) at least once per year, except as specified in 40 CFR §403.8 (f)(2)(v). This is in
addition to any industrial self-monitoring activities;
C. The permittee shall enforce and obtain remedies for IU noncompliance with
applicable pretreatment standards and requirements and the approved POTW
pretreatment program;
d. The permittee shall control through permit, order, or similar means, the contribution
to the POTW by each IU to ensure compliance with applicable pretreatment
standards and requirements and the approved POTW pretreatment program. In the
case of SIUs (identified as significant under 40 CFR §403.3 (v)), this control shall be
achieved through individual permits or general control mechanisms, in accordance
with 40 CFR §403.8(f)(1)(iii).
Both individual and general control mechanisms must be enforceable and contain, at
a minimum, the following conditions:
(1) Statement of duration (in no case more than five years);
(2) Statement of non -transferability without, at a minimum, prior notification to
the POTW and provision of a copy of the existing control mechanism to the
new owner or operator;
(3) Effluent limits, which may include enforceable best management practices
(BMPs), based on applicable general pretreatment standards, categorical
pretreatment standards, local limits, and State and local law;
(4) Self-monitoring, sampling, reporting, notification and record keeping
requirements, identification of the pollutants to be monitored (including, if
applicable, the process for seeking a waiver for a pollutant neither present nor
expected to be present in the IU's discharge in accordance with 40 CFR
§403•12(e)(2), or a specific waived pollutant in the case of an individual
control mechanism), sampling location, sampling frequency, and sample
type, based on the applicable general pretreatment standards in 40 CFR Part
403, categorical pretreatment standards, local limits, and State and local law;
Page 33
City of La Porte
TPDES Permit No. WQ00102o6001
(5) Statement of applicable civil and criminal penalties for violation of
pretreatment standards and requirements, and any applicable compliance
schedule. Such schedules may not extend the compliance date beyond federal
deadlines; and,
(6) Requirements to control slug discharges, if determined by the POTW to be
necessary.
C. For those IUs who are covered by a general control mechanism, in order to
implement 40 CFR §403.8(f)(1)(iii)(A)(2), a monitoring waiver for a pollutant
neither present nor expected to be present in the IU's discharge is not effective in the
general control mechanism until after the POTW has provided written notice to the
SIU that such a waiver request has been granted in accordance with 40 CFR
§403.12(e)(2).
f. The permittee shall evaluate, whether each SIU needs a plan or other action to
control slug discharges, in accordance with 40 CFR §403.8(f)(2)(vi). If the POTW
decides that a slug control plan is needed, the plan shall contain at least the
minimum elements required in 40 CFR §403.8(f)(2)(vi);
g. The permittee shall provide adequate staff, equipment, and support capabilities to
carry out all elements of the pretreatment program; and,
h. The approved program shall not be modified. by the permittee without the prior
approval of the Executive Director, according to 40 CFR §403.18.
2. The permittee is under a continuing duty to: establish and enforce specific local limits to
implement the provisions of 40 CFR. §403.5, develop and enforce local limits as necessary,
and modify the approved pretreatment program as necessary to comply with federal, state
and local law, as amended. The permittee may develop BMPs to implement paragraphs 40
CFR §§403.5(c)(1) and (c)(2). Such BMPs shall be considered local limits and pretreatment
standards. The permittee is required to effectively enforce such limits and to modify their
pretreatment program, including the Legal Authority, Enforcement Response Plan and/or
Standard Operating Procedures, if required by the Executive Director to reflect changing
conditions at the POTW. Substantial modifications will be approved in accordance with 40
CFR §403.18, and modifications will become effective upon approval by the Executive
Director in accordance with 40 CFR §403.18.
If after review of the substantial modification submission, the Executive Director determines
that the submission does not comply with applicable requirements, including 40 CFR
§§403.8 and 403.9, the Executive Director will notify the permittee. According to 40 CFR
§403.11(c), the notification will include suggested modifications to bring the substantial
modification submission into compliance with applicable requirements, including 40 CFR
§§403.8(b) and (f), and 40 CFR §403.9(b). In such a case, revised information will be
necessary for the Executive Director to make a determination on whether to approve or deny
the permittee's substantial modification submission.
Upon approval by the Executive Director of the substantial modification to this approved
POTW pretreatment program, the requirement to develop and enforce specific prohibitions
and/or limits to implement the prohibitions and limits set forth in 40 CFR §§403.5 (a)(1),
(b), (c)(1) and (3), and (d) is a condition of this permit. The specific prohibitions set out in
40 CFR §403.5(U) shall be enforced by the permittee unless modified under this provision.
Page 34
City of La Porte
TPDES Permit No. WQ00102o6001
3. The permittee shall analyze the treatment facility influent and effluent for the presence of
the toxic pollutants listed in the Texas Surface Water Quality Standards 13o TAC Chapter
3071, and in 40 CFR Part 122 Appendix D Table II at least once per year and the toxic
pollutants in Table III at least once per three months. If, based upon information
available to the permittee, there is reason to suspect the presence of any toxic or hazardous
pollutant listed in 40 CFR Part 122 Appendix D Table V, or any other pollutant, known or
suspected to adversely affect treatment plant operation, receiving water quality, or solids
disposal procedures, analysis for those pollutants shall be performed at least once per
three months on both the influent and the effluent.
The influent and effluent samples collected shall be composite samples consisting of at least
12 aliquots collected at approximately equal .intervals over a representative 24 hour period
and composited according to flow. Sampling and analytical procedures shall be in
accordance with guidelines established. in 40 CFR Part 136, as amended; as approved by the
EPA through the application for alternate test procedures; or as suggested in Tables 8 and 9
of the Procedures to Implement the Texas Surface Water Quality. Standards, January 2003,
as amended and adopted by the TCEQ. The effluent samples shall be analyzed to the
minimum analytical level (MAL). Where composite samples are inappropriate, due to
sampling, holding time, or analytical constraints, at least four (4) grab samples, taken at
equal intervals over a representative 24 hour period, shall be taken.
4. The permittee shall prepare annually a list of IUs which during the preceding twelve (12)
months were in significant noncompliance (SNC) with applicable pretreatment
requirements. For the purposes of this section of the permit, "Contributing Industries and
Pretreatment Requirements", SNC shall be determined based upon the more stringent of
either criteria established at 40 CFR §403.8(f)(2)(viii) [rev.1%4/o5] or criteria established
in the approved POTW pretreatment program. This list is to be published annually during
the month of January in a newspaper of general circulation that provides meaningful
public notice within the jurisdiction(s) served by the POTW.
In addition, each January the permittee shall submit an updated pretreatment program
annual status report, in accordance with 40 . CFR §§403.12(i) and (m), to the TCEQ Storm
Water & Pretreatment Team (MC148) of the Water Quality Division. The report shall
contain the following information as well as the information on the tables in this section.
The report summary shall be submitted on the Pretreatment Performance Summary (PPS)
form [TCEQ-20218].
a. An updated list of all regulated IUs as indicated in this section. For each listed IU,
the following information shall be included:
(1) Standard Industrial Classification (SIC) or North American Industry
Classification System (NAICS) code and categorical determination.
(2) If the pretreatment program has been modified and approved to incorporate
reduced monitoring for any of the categorical IUs as provided by 40 CFR Part
403 [rev. 10/14/051, then the list must also identify:
* categorical IUs subject to the conditions for reduced monitoring and
reporting requirements under 40 CFR H 403.12(e)(1) and (3);
those IUs that are non-significant categorical industrial users (NSCIUs)
Page 35
City of La Porte TPDES Permit No. WQ00102o6o01
under 40 CRR §403.3(v)(2); and
* those IUs that are middle tier categorical industrial users (MTCIUs) under 40
CFR §403.12(e)(3).
(3) Control mechanism status.
* Indicate whether the IU has an effective individual or general control
mechanism, and the date such control mechanism was last issued, reissued,
or modified;
• Indicate which IUs were added to the system, or newly identified, during the
pretreatment year reporting period;
• Include the type of general control mechanisms; and
* Report all NSCIU annual evaluations performed, as applicable.
(4) A summary of all compliance monitoring activities performed by the POTW
during the pretreatment year .reporting period. The following information shall
be reported-
* Total number of inspections performed; and
* Total number of sampling events conducted.
{S) Status of IU compliance with effluent limitations, reporting, and narrative
standard (which may include enforceable SMPs, narrative limits, and/or
operational standards) requirements. Compliance status shall be defined as
follows:
* Compliant (C) - no violations during the pretreatment year reporting period;
* Non-compliant (NC) - one or more violations during the pretreatment year
reporting period but does not meet the criteria for SNC; and
* Significant Noncompliance (SNC) - in accordance with requirements
described above in this section.
(6) For noncompliant IUs indicate the nature of the violations, the type and
number of actions taken (notice of violation, administrative order, criminal or
civil suit, fines or penalties collected, etc.) and current compliance status. If
any IU was on a schedule to attain compliance with effluent limits or narrative
standards, indicate the date the schedule was issued, and the date compliance is
to be attained.
b. A list of each IU whose authorization to discharge was terminated or revolted during
the pretreatment year reporting period and the reason for termination.
C. A report on any interference, pass through, upset, or POTW permit violations known
or suspected to be caused by IUs and response actions taken by the permittee.
d. The results of all influent and effluent analyses performed pursuant to Item 3 of this
section.
e. An original newspaper public notice, or copy of the newspaper publication with
official affidavit, of the list of IUs that meet the criteria of SNC, giving the name of the
newspaper and date the list was published.
Page 36
City of La Porte TPDES Permit No. WQ00102o600i
f. The daily average water quality based effluent concentrations (from the TCEQ'.s
Texas Toxicity Modeling Program (TexTox)) necessary to attain the Texas Surface
Water Quality Standards, 3o TAC Chapter 307, in water in the state.
g. The maximum allowable headworks loading (MAHL) in pounds per day (1b/day) of
the approved TBLLs or for each pollutant of concern (POC) for which the permittee
has calculated a MAHL. In addition, the influent loading as a percent of the MAHL,
using the annual average flow of the wastewater treatment plant in million gallons
per day (MGD) during the pretreatment year reporting period, for each pollutant that
has an adopted TBLL or for each POC for which the permittee has calculated a
MARL. (See Endnotes No. 2 at the end of this section for the influent loading as a
percent of the MAHL equation)
h. The permittee may submit the updated pretreatment program annual status report
information in tabular form using the example table format provided. Please attach,
on a separate sheet, explanations to document the various pretreatment activities,
including IU permits that have expired, BMP violations, and any sampling events
that were not conducted by the permittee as required.
i. A summary of changes to the POTW's pretreatment program that have not been
previously reported to the Approval Authority.
5. The permittee shall provide adequate written notification to the Executive Director care of
the Wastewater Permitting Section (MC 148) of the Water Quality Division, within 3o days
of the permittee's knowledge of the following:
a. Any new introduction of pollutants into the treatment works from an indirect
discharger which would be subject to Sections 301 and 306 of the Clean Water Act if
the indirect discharger was directly discharging those pollutants; and
b. Any substantial change in the volume . or character of pollutants being introduced
into the treatment works by a source introducing pollutants into the treatment works
at the time of issuance of the permit.
Adequate notice shall include information on the quality and quantity of effluent to be
introduced into the treatment works, and any anticipated impact of the change on the
quality or quantity of effluent to be discharged from the POTW.
Revised February 2oo8
Page 37
City of La Porte
TPDES Permit No. WQ00102o6001
TPDES Pretreatment Program Annual Report Form for Updated Industrial Users List
Reporting month/year: , to
TPDES Permit No.: Permittee: Treatment Plant:
PRETREATMENT
PROGRAM STATUS
REPORT UPDATED INDUSTRIAL USERSI LIST
COMPLIANCE STATUS
CONTROL
During the Pretreatment Year
MECHANISM
Reporting Period 4
U
(C = Compliant, NC = Noncompliant,
cuSNC=
Significant Noncompliance)
Z
o
Z
o
b
REPORTS
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==E:1E1==E1E1E1E111===E:1�
1 Include all significant industrial users (SIUs), non-significant categorical industrial users (NSCIUs) as
defined in 40 CFR §403.3(v)(2), and/or middle tier categorical industrial users (MTCIUs) as defined in
40 CFR §403.12(e)(3). Please do not include non-significant noncategorical IUs that are covered
under best management practices (BMPs) or general control mechanisms.
2 Categorical determination (include 40 GFR citation and NSCTU or MTCIU status, if applicable).
3 Indicate whether the IU is a new user. If the answer is No or N, then indicate the expiration date of the
last issued IU permit.
4 The term SNC applies to a broader range of violations, such as daily maximum, long-term average,
instantaneous limits, and narrative standards (which may include enforceable BMPs, narrative limits
and/or operational standards). Any other violation, or group of violations, which the POTW
determines will adversely affect the operation or implementation of the local Pretreatment Program
now includes BMP violations {40 CFR §403.8(f)(2)(viii)(H)).
S Code NRS None required (NSCIUs only); IND = individual control mechanism; GEN = general control
mechanism. Include as a footnote (or on a separate page) the name of the general control mechanism
used for similar groups of IUs, identify the similar types of operations and types of wastes that are the
same for each general control mechanism. Any BMPs through general control mechanisms that are
applied to nonsignificant IUs need to be reported separately, e.g. the sector type and BMP description.
6 Permit or NSCIU evaluations as applicable.
7 According to 40 CFR §403.12(i)(1), indicate whether the IU is subject to technically based local limits
(TBLLs) that are more stringent than categorical pretreatment standards, e.g. where there is one end -
of -pipe sampling point at a CIU, and you have determined that the TBLLs are more stringent than the
categorical pretreatment standards for any .pollutant at the end -of -pipe sampling point; OR the IU is
subject only to local limits (TBLLs only), e,g. the IU is a non -categorical STU subject only to TBLLs at
the end -of -pipe sampling point.
8 For those IUs where a monitoring waiver has been granted, please add the code "W" (after either C,
NC, or SNC codes) and indicate the pollutant(s) for which the waiver has been granted.
TCEQ-20218a 7PDES Pretreatment Program Annual Report Form Revised July 2007
Page 38
City of La Porte
TPDES Permit No. WQ00102o600x
TPDES Pretreatment Program Annual Report Form for
Industrial User Inventory Modifications
Reporting month/year: , to
TPDES Permit No: Permittee: Treatment Plant:
INDUSTRIAL
USER INVENTORY MODIFICATIONS
FACILITY
ADD,
IF
IF ADDITION OR SIGNIFICANT CHANGE:
NAME,
CHANGE,
DELETION:
PROCESS
POLLUTANTS
ADDRESS
AND
DELETE
Reason For
Deletion
CONTACT.
DESCRIPTLON
(Including
PERSON
(Including
categorical
any sampling
waiver
reclassification
to NSCIU
given for each
g
b0 o
or
pollutant
p
MTCIU)
not present)
IF
9 For NSCIUs, total flow must be given, if regulated flow is not determined.
TCEQ-2o2r8b TPDES Pretreatment Program Annual Report Form Revised Jing 2007
Page 39
City of La Porte
TPDES Permit No. WQ00102o6001
TPDES Pretreatment Program Annual Report Form for Enforcement Actions Taken
Reporting month/year: I to
TPDES Permit No: Permittee: Treatment Plant:
Overall SNC % SNC 10 based on: Effluent Violations %
Reporting Violations % Narrative Standard Violations %
Noncompliant Industrial Users - Enforcement Actions Taken
Nature of Violation 11
Number of Actions
Taken
0 �,
Compliance
p
Schedule
�y
m ^
Z
q
Industrial
User
Comments
Name
aU'a"
OR!�]L
o
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❑
❑❑❑❑❑❑❑❑❑❑
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I
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I
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to # %
Pretreatment Standards [WENDS-PSNC] (Local Limits/Categorical Standards)
Reporting Requirements [WENDB-PSNNC]
Narrative Standards
it Please specify a separate number for each type of violation, e.g. report, notification.,
and/or NSCIU certification.
TCEQ-202r8c TPDES Pretreatment Program Annual Report Form Revised July 2007
Page 40
City of La Porte
TPDES Permit No. WQ00102o600x
TPDES Pretreatment Program Annual Report Form for
Influent and Effluent Monitoring Results,
Reporting month/year: to
TPDES Permit No.: Permittee: Treatment Plant:
Page 41
City of La Porte
TPDES Permit No. WQ00102o600l
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS
Influent
Average
Daily
Effluent
MAUL, if
Measured in µg/L
Influent
Average
Measured in µg/L
POLLUTANT
Applicable
of the
Effluent
in lb/day
(Actual Concentration
MAHLZ
limit
(Actual_ Concentration
or c MAL)
(µg/L) 3
or < MAL) 4
MMMMMMMMFDate
Date
Date
Date
Date
I Date 11
Date
Date
Cyanide, Total
Phenols, Total L
VOLATILE COMPOUNDS
Acrolein
Acrylonitrile I
Benzene
� Bromoform
Carbon Tetrachloride
Chlorobenzene
See
TTHM
Chlorodibromomethane .See
TTHM
1,1-Dichloroethane
1,2-Dichloroethane .
i,i-Dichloroethylene
1,2-Dichloropropane
1,3-Dichloropropylene
Page 42
City of La Porte
TPDES Permit No. WQ00102o600i
Page 43
City of La Porte
TPDES Permit No. WQ00102o600l
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS
POLLUTANT
MAHL, if
Applicable
in.lb/day
Influent
Measured in pg/L
(Actual Concentration
or < MAL)
Average
Avera
Influent
of thea
MAHL
Daily
Average
Effluent
Limit
(Pg/ L) s
Effluent
Measured in pg/L
(Actual Concentration
or < MAL) 4
MMINNNIENMEEMMMMMMFDa-te7FDat-e-
I
Date
Dat,-MN=EM=j
Date 11
Date 11Date
Date
II P -Chloro -m -Cresol
A Pentachlorophenol
II Phenol
2,4,6 -Trichlorophenol 1 —LJi I uIuLuIu
BASE/NEUTRAL COMPOUNDS
Acenaphthene nr- — �- �n nnnF
11 Acenaphthylene
II Anthracene
II Benzidine
Benzo(a)Anthracene
Benzo(a)Pyrene
3,4-Benzofluoranthene
Benzo(ghi)Perylene
Benzo(k)Fluoranthene
Bis(z
Chloroethoxy)Methane
Bis(2-Chloroethyl)Ether
Bis(2-
Chloroisopropyl)Ether
Bis(2-
Ethylhexyl)Phthalate
4-Bromophenyl Phenyl
Ether
Page 44.
City of La Porte
TPDES Permit No. WQooro2o600i
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS
Influent
Average
Daily
Effluent
MARL, if
Measured in .pg/L
Influent
Average
Measured in Rg/L
POLLUTANT
Applicable
flof the
Effluent .
in lb/day
(Actual Concentration
MAHL2
Limit
(Actual Concentration
or < MAL)
(pg/L) 3
or < MAL) 4
INSEEMEMESSOMEMENEMOF—Date—IF—Date
Date
Date
Date
Date
Date
Date
Butylbenzyl Phthalate
2-Chloronaphthalene
II Ether
I Chrysene
Dibenzo(a,h)Anthracene
1,2 -Dichlorobenzene
1I 1,3 -Dichlorobenzene
1� 1,4 -Dichlorobenzene
3,3-Dichlorob enzidine
Diethyl Phthalate
Dimethyl Phthalate
11 Di -n -Butyl Phthalate
2,4-Dinitrotoluene
2,6-Dinitrotoluene
Di-n-Octyl Phthalate
1,2 -Diphenyl Hydrazine
Fluoranthene
I Fluorene
I Hexachlorobenzene
II Hexachlorobutadiene
Page 46
City of La Porte
TPDES Permit No. WQ00102o6001
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS
Influent
Average
Daily
Effluent
MARL, if
Measured in µg/L
Influent
Average
Measured in µg/L
POLLUTANT
Applicable
M of the
Effluent
in lb/day
(Actual Concentration
MAHL2
Limit
(Actual Concentration
or < MAL)
(µg/L) s
or < MAL) 4
Date
Date
Date
Date
Date
Date
Date
Date
Hexachloro-
cyclopentadiene
Hexachloroethane
Indeno(1,2,3-cd)pyrene
Isophorone
Naphthalene
V Nitrobenzene
I Phenanthrene
b Pyrene
1I 1,2,4-1Trichlorobenzene
II PESTICIDES
Aldrin
Alpha -
hexachlorocyclohexane
(BHC}
beta -BHC
gamma -BHC
(Lindane) .
delta -BHC
IE Chlordane
Page 46
City of La Porte
TPDES Permit No. WQoozo2o600i
Page 47
City of La Porte
TPDES Permit No. WQ00102o600i
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS
POLLUTANT
MARL, if
Applicable
in lb da
I y
Influent
Measured in µg/L
(Actual Concentration
or < MAI,)
Average
Influent
M of the
MAHLz
Daily
Average
Effluent
Limit
(Pg /L 3
Effluent
Measured in pg/L
(Actual Concentration
or < MAL) 4
PCB -1o16
Date
Date
Date
Date
Date
Date
Date
Date
Toxaphene
[:]=D
ADDITIONAL TOXIC POLLUTANTS
REGULATED
UNDER
3o TAC
CHAPTER
307
Aluminum
�❑❑❑❑���❑
Barium.
�❑���������
Bis(chloromethyl)
ether 7
Carbaryl
FIE]
El
Chloropyrifos
FIF
T71[--1
17L]
-L
Cresols
24-1)
���
EFIFE
��❑
��❑
7F]
Danitol a
LILL
Demeton
❑❑��❑�❑
Diazinon
Dicofol
Dioxin/Furans 9
7-7
�
Diuron
Fluoride
Guthion
�❑❑❑
F
LIFIF
���❑❑
LILL]
Hexachlorophene
�❑❑❑❑��❑❑❑❑
Malathion
�❑❑❑❑��❑❑❑❑
Methoxychlor
�❑�❑��❑❑�
Page 48
City of La Porte
TPDES Permit No. WQ00102o600l
PRETREATMENT PROGRAM INFLUENT AND EFFLUENT MONITORING RESULTS 11
POLLUTANT
MAHL, if
Applicable
in lb/day
Influent
Measured in µg/L
(Actual Concentration
or < MAL)
Average
Influent
% of the
MAHL2
Daily
Average
Effluent
Limit
(pg/L) 3
Effluent
Measured in gg/L
(Actual Concentration
or < MAL) 4
Date
Date
Date
I Date 111HEMEMEN1
Date
Date
Date
Date
Methyl Ethyl Ketone I I I LILL-1
Mirex F -117171F
Nitrate -Nitrogen F171 D—]
❑
N-Nitrosodiethylamine
N-Nitro-di-n-
Butylamine . 111:1H L
Parathion =EE11:1171 LILIEL:
Pentachlorobenzene �❑❑❑❑ �❑�❑
Pyridine ET -1-1
1,2-Dibromoethane =E]L--
❑
eTetra5- I�I IF7iF7F
trachlorobenzene
2,4,5 -TP (Silvex) EFTI I
I I Tributyltin 9
E11=E]��
2,d.,,5 -Trichlorophenol �❑�❑�
TTHM (Total
Trihaloinethanes) 171F n1
Page 49
City of La Porte
Footnotes:
TPDES Permit No. WQoo1o2o600r
1. It is advised that the permittee collect the influent and effluent samples considering flow detention
time through each wastewater treatment plant (WWTP).
2. The MAHL of the approved TBLLs or for each pollutant of concern (POC) for which the permittee has
calculated a MARL. Only complete the column labeled, "Average Influent % of the MAHL", as a
percentage, for pollutants that have approved TBLLs or for each POC for which the permittee has
calculated a MAHL (U.S. Environmental Protection Agency Local.Limits Development Guidance, July
2004, EPA933-R-04-002A).
The % of the MARL is to be calculated using the following formulas:
Equation A: L INP = ( CPOLL x QWW`rP x 8.34) / 1000
Equation B: L% _ (L zxr, / MAHL) x loo
Where:
L INF =
Current Average (Avg) influent loading in lb/day
CPOLL =
Avg concentration in pg/L of all influent samples collected during the
pretreatment year.
QIP =
Annual average flow of the WWTP in MGD, defined as the arithmetic
average of all daily flow determinations taken within the preceding 12
consecutive calendar months (or during the pretreatment year), and as
described in .the Definitions and Standard Permit Conditions section.
L% _
% of the MAHL
MAHL =
Calculated MAHL in lb/day
8.34. =
Unit conversion factor
Daily average effluent limit (metal values are for total metals) as derived by the.Texas Toxicity
Modeling Program (TexTox). Effluent limits as calculated are designed to be protective of the Texas
Surface Water Quality Standards. The permittee shall determine and indicate which effluent limit is
the most stringent between the 3o TAC Chapter 319 (Hazardous Metal Rule), TexTox values, or any
applicable TPDES permit limit in Effluent Limitations and Monitoring Requirements Section.
Shaded blocks need not be filled in unless the permittee has received a permit requirement/limit for
the particular parameter.
4. Minimum analytical levels (MALs) and analytical methods as suggested in Tables 8 and 9 of the
Procedures to Implement the Texas Surface Water Quality Standards (January 2003), as amended
and adopted by the TCEQ Commission. Pollutants that are not detectable above the MAL need to be
reported as less than. (<) the MAL numeric value.
5. Report result by subtracting Hexavalent Chromium from Total Chromium.
6. Either the method for Amenable to Chlorination or Weak -Acid Dissociable is authorized.
7. Hydrolyzes in water. Will not require permittee to analyze at this time,
8. EPA procedure not approved. Will not require permittee to analyze at this time. .
9. Analyses are not required at this time for these pollutants unless there is reason to believe that these
pollutants maybe present.
TCEQ-20218d TPDES Pretreatment Program Annual Report Form Revised August 2008
Page 50
City of La Porte TPDES Permit No. WQooro2o600i
CHRONIC BIOMONITORING REQUIREMENTS: MARINE
The provisions of this Section apply to Outfall oo1 for whole effluent toxicity (WET) testing.
1. Scone, Frequency and Methodology
a. The permittee shall test the effluent for toxicity in accordance with the provisions
below. Such testing will determine if an appropriately dilute effluent sample
adversely affects the survival or growth of the test organisms;
b. The permittee shall conduct the following toxicity tests utilizing the test
organisms, procedures, and quality assurance requirements specified below and
in accordance with "Short -Term Methods for Estimating the Chronic Toxicity of
Effluents and Receiving Waters to Marine and Estuarine Organisms, Third
Edition" (EPA --821-R-02-014), or its most recent update:
1) Chronic static renewal 7 -day survival and growth test using the mysid
shrimp (Mysidopsis Bahia) (Method 1007.o). A minimum of eight
replicates with five organisms per replicate shall be used. in the control
and in each dilution. This test shall be conducted once per quarter.
2) Chronic static renewal 7 -day larval survival and growth test using the
inland silverside (Menidia beryllina) (Method xoo6.o). A minimum of
five replicates with eight organisms per replicate shall be used in the
control and in each dilution. This test shall be conducted once per
quarter.
The permittee must perform and report a valid test for each test species during
the prescribed reporting period. An invalid test must be repeated during the
same reporting period. An invalid test is herein defined as any test failing to
satisfy the test acceptability criteria, procedures, and quality assurance
requirements specified in the test methods and permit. All test results, valid or
invalid, must be submitted as described below.
C. The permittee shall use five effluent dilution concentrations and a control in each
toxicity test. These additional effluent concentrations are 32%, 42%, 54%, 74%,
and gg% effluent. The critical dilution, defined as gg% effluent, is the effluent
concentration representative of the proportion of effluent in the receiving water
during critical low flow or critical mixing conditions.
d. This permit may be amended to require a WET limit, a Chemical -Specific (CS)
limit, a Best Management Practice (BMP), or other appropriate actions to address
toxicity. The permittee may be required to conduct a Toxicity Reduction
Evaluation after multiple toxic events.
C. Testing Frequency Reduction
1) If none of the first four consecutive quarterly tests demonstrates
significant toxicity, the permittee may submit this information in writing
and, upon approval, reduce the testing frequency to once per six months
for the invertebrate test species and once per year for the vertebrate test
Page 51
City of La Porte
TPDES Permit No. WQ00102o600i
species.
2) If one or more of the first four consecutive quarterly tests demonstrates
significant toxicity, the permittee shall continue quarterly testing for that
species until the permit is reissued. If a testing frequency reduction had
been previously granted and a subsequent test demonstrates significant
toxicity, the permittee will resume a quarterly testing frequency for that
species until the permit is reissued.
2. Required Toxici . Testing Conditions
a. Test Acceptance - The permittee shall repeat any toxicity test, including the
control and all effluent dilutions, which fails to meet any of the following criteria:
1) a control mean survival of 8o% or greater;
2) a control mean dry weight of surviving mysid shrimp of 0.20 mg or
greater;
3) a control mean dry weight for surviving unpreserved inland silverside of
0.50'mg or greater and 0.43 mg or greater for surviving preserved inland
silverside.
4} a control Coefficient of Variation percent (CV%) between replicates of 40
or less in the growth and survival tests.
5) a critical dilution CV% of 40 or less in the growth and survival endpoints
for either growth and survival test. However, if statistically significant
lethal or nonlethal effects are exhibited at the critical dilution, a CV%
greater than 40 shall not invalidate the test.
6) a Percent Minimum Significant Difference of 37 or less for mysid shrimp
growth;
7) a Percent Minimum Significant Difference of 28 or less for inland
silverside growth.
b. Statistical Interpretation
1) For the mysid shrimp and the inland silverside larval survival and growth
tests, the statistical analyses used to determine if there is a significant
difference between the control and an effluent dilution shall be in
accordance with the manual referenced above, or its most recent update.
2) The permittee is responsible for reviewing test concentration -response
relationships to ensure that calculated test -results are interpreted and
reported correctly. The EPA manual, "Method Guidance and
Recommendation for Whole Effluent Toxicity (WET) Testing (40 CFR
Part 136)" (EPA 821-B-oo-004), provides guidance on determining the
validity of test results.
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City of La Porte
TPDES Permit No. WQ00102o6001
3) If significant lethality is demonstrated (that is, there is a statistically
significant difference in survival at the critical dilution when compared to
the control), the conditions of test acceptability are met, and the survival
of the test organisms are equal to or greater than 8o% in the critical
dilution and all dilutions below that, then the permittee shall report a
survival No Observed Effect Concentration (NOEL) of not less than the
critical dilution for the reporting requirements.
4) The NOEL is defined as the greatest effluent dilution at which no
significant effect is demonstrated. The Lowest Observed Effect
Concentration (LOEC) is defined as the lowest effluent dilution at which a
significant effect is demonstrated. A significant effect is herein defined as
a statistically significant difference at the 95% confidence level between
the survival, reproduction, or growth of the test organism(s) in a specified
effluent dilution compared to the survival, reproduction, or growth of the
test organism(s) in the control (o% effluent).
5) The use of NOECs and LOECs assumes tither a monotonic (continuous)
concentration -response relationship or a threshold model of the
concentration -response relationship. For any test result that
demonstrates a non -monotonic (non -continuous) response, the NOEC
should be determined based on the guidance manual referenced in Item 2
above.
6) Pursuant to the responsibility assigned to the permittee in Part 2.b.2), test
results that demonstrate anon -monotonic (non -continuous)
concentration -response relationship may be submitted, prior to the due
date, for technical review. The above -referenced guidance manual will be
used when maldng a determination of test acceptability.
7) Staff will review test results for consistency with rules, procedures, and
permit requirements.
C. Dilution Water
Because of a recent demonstration of toxicity in the receiving water, the
permittee shall use synthetic dilution water in all toxicity tests.
d. Samples and Composites
1) The permittee shall collect a minimum of three composite samples from
Outfall oo1. The second and third composite samples will be used for the
renewal of the dilution concentrations for each toxicity test.
2) The permittee shall collect the composite samples such that the samples
are representative of any periodic episodeof chlorination, biocide usage,
or other potentially toxic substance discharged on an intermittent basis.
3) The permittee shall initiate the toxicity tests within 36 hours after
collection of the last portion of the first composite sample. The holding
time for any subsequent composite sample shall not exceed 72 hours.
Page 53
City of La Porte TPDES Permit No. WQ00102o6001
Samples shall be maintained at a temperature of o-6 degrees Centigrade
during collection, shipping, and storage.
4). If Outfall oo1 ceases discharging during the collection of effluent samples,
the requirements for the minimum number of effluent samples, the
minimum numbers of effluent portions, and the sample holding time, are
waived during that sampling period. However, the permittee must have
collected an effluent composite sample volume sufficient to complete the
required toxicity tests with renewal of the effluent. When possible, the
effluent samples used for the toxicity tests shall be collected on separate
days if the discharge occurs over multiple days. The sample collection
duration and the static renewal protocol associated with the abbreviated
sample collection must be documented in the full report.
5) The effluent samples shall not be dechlorinated after sample collection.
3. Reporting
All reports, tables, plans, summaries, and related correspondence required in any Part of
this Section shall be submitted to the attention of the Standards Implementation Team
(MC r5o) of the Water Quality Division.
a. The permittee shall prepare a full report of the results of all tests conducted in
accordance with the manual referenced above, or its most recent update, for
every valid and invalid toxicity test initiated whether carried to completion or
not.
b. The permittee shall routinely report the results. of each biomonitoring test on the
Table 1 forms provided with this permit.
1} Annual biomonitoring test results are due on or before January 2oth for
biomonitoring conducted during the previous 12 month period.
2) Semiannual biomonitoring test results are due on or before July 2oth and
January zoth for biomonitoring conducted during the previous 6 month
period.
3) Quarterly biomonitoring test results are due on or before April loth, July
loth, October loth, and January 2oth, for biomonitoring conducted
during the previous calendar quarter.
4} Monthly biomonitoring test results are due on or before the loth day of
the month following sampling.
C. Enter the following codes for the appropriate parameters for valid tests only:
1) For the mysid shrimp, Parameter TLP3E, enter a "1" if the NOEC for
survival is less than the critical dilution; otherwise, enter a "o."
2) For the mysid shrimp, Parameter TOP3E, report the NOEC for survival.
Page 54
City of La Porte
TPDES Permit No. WQ00102o600l
3} For the mysid shrimp, Parameter TXP3E, report the LOEC for survival.
4) For the mysid shrimp, Parameter TWP3E, enter a "1" if the NOEC for
growth is less than the critical dilution; otherwise, enter a "o."
5) For the mysid shrimp, Parameter TPPgE, report the NOEC for growth.
6) For the mysid shrimp, Parameter TYPA report the LOEC for growth.
7) For the inland silverside, Parameter TLP6B, enter a "1" if the NOEC for
survival is less than the critical dilution; otherwise, enter a "o."
S) For the inland silverside, Parameter TOM, report the NOEC for
survival.
9) For the inland silverside, Parameter TXP6B, report the LOEC for survival.
10) For the inland silverside, Parameter TWP6B, enter a "1" if the NOEC for
growth is less than the critical dilution; otherwise, enter a "o."
11) For the inland.silverside, Parameter TPP6B, report the NOEC for growth.
12) For the inland silverside, Parameter TYPO, report the LOEC for growth.
d. Enter the following codes for retests only:
1) For retest number 1, Parameter 22415, enter a "1" if the NOEC for survival
is less than the critical dilution; otherwise, enter a "o."
2) For retest number 2, Parameter 2206, enter a "1" if the NOEC for
survival is less than the critical dilution; otherwise, enter a "o."
4. Persistent Toxicity
The requirements of this Part apply only when a test demonstrates a significant effect at
the critical dilution. A significant effect is defined as a statistically significant difference,
at the 959,6' confidence level, between a specified endpoint (survival or growth) of the test
organism in a specified effluent dilution when compared to the specified endpoint of the
test organism in the control. Significant lethality is defined as a statistically significant
difference in survival at the critical dilution when compared to the survival of the test
organism in the control. ,Significant sublethality is defined as a statistically significant
difference in growth at the critical dilution when compared to the growth of the test
organism in the control.
a. The permittee shall conduct a total of 2 additional tests (retests) for any species
that demonstrates a significant effect (lethal or sublethal) at the critical dilution.
The two retests shall be conducted monthly during the next two consecutive
months. The permittee shall not substitute either of the two retests in lieu of
routine toxicity testing. All reports shall be submitted within 20 days of test
completion. Test completion is defined as the last day of the test.
Page 55
City of La Porte
TPDES Permit No. WQ00102o600t
b. If the retests are performed due to a demonstration of significant lethality, and
one or both of the two retests specified in item 4.a, demonstrates significant
lethality, the permittee shall initiate the TRE requirements as specified in Part 5.
The provisions of item 4.a. are suspended upon completion of the two retests and
submittal of the TRE Action Plan and Schedule defined in Part 5.
If neither test demonstrates significant lethality and the permittee is testing
under the reduced testing frequency provision of Part te., the permittee shall
return to a quarterly testing frequency for that species.
C. If the two retests are performed due to a demonstration of significant
sublethality, and one or both of the two retests specified in item 4.a.
demonstrates significant lethality, the permittee shall again perform two retests
as stipulated in item 4.a.
d. If the two retests are performed due to a demonstration of significant
sublethality, and neither test demonstratessignificant lethality, the permittee
shall continue testing at the quarterly frequency.
e. Regardless of whether retesting for lethal or sublethal effects or a combination of
the two, no more than one retest per month is required for a species.
5. Toxicity Reduction Evaluation
a. Within 45 days of the retest that demonstrates significant lethality, or within 45
days of being so instructed due to multiple toxic events, the permittee shall
submit a General Outline for initiating a Toxicity Reduction Evaluation (TRE).
The outline shall include, but not be limited to, a description of project personnel,
a schedule for obtaining consultants (if needed), a discussion of influent and
effluent data available for review, a sampling and analytical schedule, and a
proposed TRE initiation date.
b. Within go days of the retest that demonstrates significant lethality, or within go
days of being so instructed due to .multiple toxic events, the permittee shall
submit a TRE Action Plan and Schedule for conducting a TRE. The plan shall
specify the approach and methodology to be used in performing the TRE. A TRE
is a step -wise investigation combining toxicity testing with physical and chemical
analysis to determine actions necessary to eliminate or reduce effluent toxicity to
a level not effecting significant lethality at the critical dilution. The TRE Action
Plan shall lead to the successful elimination of significant lethality for both test
species defined in item 1,b. As a minimum, the TRE Action Plan shall include the
following:
1) Specific Activities - The TRE Action Plan shall specify the approach the
permittee intends to utilize in conducting the TRE, including toxicity
characterizations, identifications, confirmations, source evaluations,
treatability studies, and alternative approaches. When conducting
characterization analyses, the permittee shall perform multiple
characterizations and follow the procedures specified in the document
entitled, "Methods for Aquatic Toxicity Identification Evaluations: Phase I
Toxicity Characterization Procedures" (EPA/600/6-91/003), or alternate
Page 56
City of La Porte
TPDES Permit No. WQ00102o600i
procedures. The permittee shall perform multiple. identifications and
follow the methods specified in the documents entitled, "Methods for
Aquatic Toxicity Identification Evaluations, Phase II Toxicity
Identification Procedures for Samples Exhibiting Acute and Chronic
Toxicity" (EPA/600/R-92/o8o) and "Methods for Aquatic Toxicity
Identification Evaluations, Phase III Toxicity Confirmation Procedures for
Samples Exhibiting Acute and Chronic Toxicity" (EPA/600/R-92/o81).
All characterization, identification, and confirmation tests shall be
conducted in an orderly and logical progression;
2) Sampling Plan - The TRE Action Plan should describe sampling locations,
methods, holding times, chain of custody, and preservation techniques.
The effluent sample volume collected for all tests shall be adequate to
perform the toxicity characterization/ identification/ confirmation
procedures, and chemical -specific analyses when the toxicity tests show
significant lethality. Where the permittee has identified or suspects
specific pollutant(s) and source(s) of effluent toxicity, the permittee shall
conduct, concurrent with toxicity testing, chemical -specific analyses for
the identified and suspected pollutant(s) and source(s) of effluent toxicity;
3) Quality Assurance Plan - The TRE Action Plan should address record
keeping and data evaluation, calibration and standardization, baseline
tests, system blanks, controls, duplicates, spikes, toxicity persistence in
the samples, randomization, reference toxicant control charts, as well as
mechanisms to detect artifactual toxicity; and
4) Project Organization - The TRE Action Plan should describe the project.
staff, project manager, consulting engineering services (where applicable),
consulting analytical and toxicological services, etc.
C. Within 3o days of submittal of the TRE Action Plan and Schedule, the permittee
shall implement the TRE with due diligence.
d. The permittee shall submit quarterly TRE Activities Reports concerning the
progress of the TRE. The quarterly reports are due on or before April loth, July
2oth, October loth, and January loth. The report shall detail information
regarding the TRE activities including:
1) results and interpretation of any chemical -specific analyses for the
identified and suspected pollutant(s) performed during the quarter;
2) results and interpretation of any characterization, identification, and
confirmation tests performed during the quarter;
3) any data and substantiating documentation which identifies the
pollutant(s) and source(s) of effluent toxicity;
4) results of any studies/evaluations concerning the treatability of the
facility's effluent toxicity;
5) any data which identifies effluent toxicity control mechanisms that will
Page 57
City of La Porte
TPDES Permit No. WQ00102o600l
reduce effluent toxicity to the level necessary to meet no significant
lethality at the critical dilution; and
6) any changes to the initial TRE Plan and Schedule that are believed
necessary as a result of the TRE findings.
Copies of the TRE Activities Report shall also be submitted to the U.S. EPA
Region 6 office.
e. During the TRE, the permittee shall perform, at a minimum, quarterly testing
using the more sensitive species; testing for the less sensitive species shall
continue at the frequency specified in Part s.b.
f. If the effluent ceases to effect significant lethality (herein as defined below) the
permittee may end the TRE. A "cessation of lethality" is defined as no significant
lethality for a period of 12 consecutive months with at least monthly testing. At
the end of the 12 months, the permittee shall submit a statement of intent to
cease the TRE and may then resume the testing frequency specified in Part i.b.
The permittee may only apply the "cessation of lethality" provision once.
This provision accommodates situations where operational errors and upsets,
spills, or sampling errors triggered the TRE, in contrast to a situation where a
single toxicant or group of toxicants cause lethality. This provision does not
apply as a result of corrective actions taken by the permittee. "Corrective actions"
are herein defined as proactive efforts which eliminate or reduce effluent toxicity.
These include, but are not limited to, source reduction or elimination, improved
housekeeping, changes in chemical usage, and modifications of influent streams
and effluent treatment.
The permittee may only apply this cessation of lethality provision once. If the
effluent again demonstrates significant lethality to the same species, the permit
will be amended to add a WET limit with a compliance period, if appropriate.
However, prior to the effective date of the WET limit, the permittee may apply for
a permit amendment removing and replacing the WET limit with an alternate
toxicity control measure by identifying and confirming the toxicant and an
appropriate control measure.
g. The permittee shall complete the TRE and submit a Final Report on the TRE
Activities no later than 28 months from the last test day of the retest that
confirmed significant lethal effects at the critical dilution. The permittee may
petition the Executive Director (in writing) for an extension of the 28 -month
limit. However, to warrant an extension the permittee must have demonstrated
due diligence in their pursuit of the TIE/TRE and must prove that circumstances
beyond their control stalled the TIE/TRE. The report shall provide information
pertaining to the specific control mechanism(s) selected that will, when
implemented, result in reduction of effluent toxicity to no significant lethality at
the critical dilution. The report will also provide a specific corrective action
schedule for implementing the selected control mechanism(s). A copy of the TRE
Final Report shall also be submitted to the U.S. EPA Region 6 office.
h. Based upon the results of the TRE and proposed corrective actions, this permit
Page 58
City of La Porte
Page 59
TPDES Permit No. WQ00102o5oox
may be amended to modify the biomonitoring requirements, where necessary, to
require a compliance schedule for implementation of corrective actions, to
specify a WET limit, to specify a BMP, and to specify CS limits.
City of La Porte
TPDES Permit No. WQ00102o6001
TABLE 1(SHEET i OF 4)
MYSID SHRIMP SURVIVAL AND GROWTH
Date Time Date Time
Dates and Times No. 1 FROM: T0:
Composites ---
Collected No.2 FROM: TO:
No.3 FROM; TO:
Test initiated: am/pm date
Dilution water used: Receiving water Synthetic dilution water
MYSID SHRIMP SURVIVAL
* Coefficient of Variation = standard deviation x zoo/mean
DATA TABLE FOR GROWTH OF MYSID SHRIMP
Page 6o
City of La Porte
Page 61
TPDES Permit No. WQ00102o600l
TABLE 1(SHEET 2 OF 4)
MYSID SHRIMP SURVIVAL AND GROWTH
DATA TABLE FOR GROWTH OF MYSID SHRIMP (Continued)
1. Dunnett's Procedure or Steel's Many -One Rank Test or Wilcoxon Rank Sum Test
(with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate:
Is the mean survival at 7 days significantly less than the control survival for the
effluent corresponding to lethality?
CRITICAL DILUTION (99%):. YES NO
2. Dunnett's Procedure or Steel's Many -One Rank Test or Wilcoxon Rank Sum Test
(with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate:
Is the mean dry weight (growth) at 7 days significantly less than the control's dry
weight (growth) for the % effluent corresponding to non -lethal effects?
CRITICAL DILUTION (99%): YES NO
3. Enter percent effluent corresponding to each NOEC\LOEC below:
a.) NOEC survival = % effluent
W LOEC survival = % effluent
c.) NOEC growth = % effluent
d.) LOEC growth = % effluent
City of La Porte
TPDES Permit No. WQ00102o600i
TABLE 1(SHEET 3 OF 4)
INLAND SILVERSIDE MINNOW LARVAL SURVIVAL AND GROWTH TEST
Date Time Date Time
Dates and Times No. r FROM: T0:
Composites
Collected No.2 FROM: TO:
No.3 FROM: TO:
Test initiated: am/pm date
Dilution water used: Receiving water Synthetic Dilution water
INLAND SILVERSIDE SURVIVAL
Coefficient of Variation standard deviation x loo/mean
Page 62
City of La forte
TPDES Permit No. WQ00102o600i
TABLE x (SHEET 4 OF 4)
INLAND SILVERSIDE LARVAL SURVIVAL AND GROWTH TEST
INLAND SILVERSIDE GROWTH
Weights are for: preserved larvae, or unpreserved larvae
1. Dunnett's Procedure or Steel's Many -One Rank Test or Wilcoxon Rank Sum Test
(with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate:
Is the mean survival at 7 days significantly less than the control survival for the %
effluent corresponding to lethality?
CRITICAL DILUTION (99%): YES NO
2. Dunnett's Procedure or Steel's Many -One Rank Test or Wilcoxon Rank Sum Test
(with Bonferroni adjustment) or t-test (with Bonferroni adjustment) as appropriate:
Is the mean dry weight (growth) at 7 days significantly less than the control's dry
weight (growth) for the % effluent corresponding to non -lethal effects?
CRITICAL DILUTION (99%): YES NO
3. Enter percent effluent corresponding to each NOEL/LOEC below:
a.) NOEC survival =. % effluent
b.) LOEC survival = % effluent
c.) NOEL growth = % effluent
d.) LOEC growth =
Page 63
effluent
City of La Porte
TPDES Permit No. WQooio2o6001
24-HOURACUTE BIOMONIiTORING REQUIREMENTS: MARINE
The provisions of this Section apply to Outfall oo1 for whole effluent toxicity (WET) testing.
1. Scope, Frequency and Methodology
a. The permittee shall test the effluent for lethality in accordance with the
provisions in this Section. Such testing will determine compliance with the
Surface Water Quality Standard, 307.6(e)(2)(B), of greater than 50% survival of
the appropriate test organisms in t00% effluent for a 24-hour period.
b. The toxicity tests specified shall be conducted once per six months. The permittee
shall conduct the following toxicity tests utilizing the test organisms, procedures,
and quality assurance requirements specified in this section of the permit and in
accordance with "Methods for Measuring the Acute Toxicity of Effluents and
Receiving Waters to Freshwater and Marine Organisms, Fifth Edition" (EPA -821-
R-02-012), or its most.recent update:
1) Acute 24-hour static toxicity test using the mysid shrimp (Mysidopsis
bahia). A minimum of five replicates with eight organisms per replicate
shall be used in the control and in each dilution,
2) Acute 24-hour static toxicity test using the inland silverside (Menidia
beryllina). A minimum of five replicates with eight organisms per
replicate shall be used in the control and in each dilution.
A valid test result must be submitted for each reporting period. The permittee
must report, then repeat, an invalid test during the same reporting period. The
repeat test shall include the control and all effluent dilutions and use the
appropriate number of organisms and replicates, as specified above. An invalid
test is herein defined as any test failing to satisfy the test acceptability criteria,
procedures, and quality assurance requirements specified in the test methods and
permit.
C. In addition to an appropriate control, a l00% effluent concentration shall be used
in the toxicity tests. Except as discussed in item 2.b., the control and dilution
water shall consist of standard, synthetic, reconstituted seawater.
d. This permit may be amended to require a Whole Effluent Toxicity (WET) limit, a
Best Management Practice (BMP), a Chemical -Specific (CS) limit, additional
toxicity testing, and other appropriate actions to address toxicity. The permittee
maybe required to conduct a Toxicity Reduction Evaluation after multiple toxic
events.
2. Required Toxietty Testing Conditions
a. Test Acceptance - The permittee shall repeat any toxicity test, including the
control, if the control fails to meet a mean survival equal to or greater than go%.
b. Dilution Water - In accordance with item 1.e., the control and dilution water shall
consist of a standard, synthetic, reconstituted seawater,
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City of La Porte
C. Samples and Composites
TPDES Permit No. WQ0010206001
1) The permittee shall collect one composite.sample from Outfall ool.
2) The permittee shall collect the composite samples such that the samples
are representative of any periodic episode of chlorination, biocide usage,
or other potentially toxic substance discharged on an intermittent basis.
3} The permittee shall initiate the toxicity tests within 36 hours after
collection of the last portion of the composite sample. Samples shall be
maintained at a temperature of o-6 degrees Centigrade during collection,
shipping, and storage.
4) If Outfall 001 ceases discharging during the collection of the effluent
composite sample, the requirements for the minimum number of effluent
portions are waived. However; the permittee must have collected a
composite sample volume sufficient for completion of the required test.
The abbreviated sample collection, duration, and methodology must be
documented in the full report.
5) The effluent samples shall not be dechlorinated after sample collection.
3. Reporting
All reports, tables, plans, summaries, and related correspondence required in any Part of
this Section shall be submitted to the attention of the Standards Implementation Team
(MC 150) of the Water Quality Division.
a. The permittee shall prepare a full report of the results of all tests conducted in
accordance with the manual referenced above, or its most recent update, for
every valid and invalid toxicity test initiated.
b, The permittee shall routinely report the results of each biomonitoring test on the
Table 2 forms provided with this permit.
I) Semiannual biomonitoring test results are due on or before January loth
and July loth for biomonitoring conducted during the previous 6 month
period.
2) Quarterly biomonitoring test results are due on or before January loth,
April loth, July loth, and October loth; for biomonitoring conducted
during the previous calendar quarter.
C. Enter the following codes for the appropriate parameters for valid tests only:
1) For the mysid shrimp, Parameter TIE3E, enter a "o" if the mean survival
at 24 -hours is greater than 50% in the l00% effluent dilution; if the mean
survival is less than or equal to 50%, enter a "1."
2) For the inland silverside, Parameter TIM, enter a "o" if the mean
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City of La Porte TPDES Permit No. WQooi02o600i
survival at 24 -hours is greater than 50% in the 100% effluent dilution; if
the mean survival is less than or equal to 50%, enter a "1."
d. . Enter the following codes for retests only:
1) For retest number 1, Parameter 22415, enter a "o" if the mean survival at
24. -hours is greater than 50% in the l00% effluent dilution; if the mean
survival is less than or equal to 50%, enter %."
2) For retest number 2, Parameter 22416, enter a "o" if the mean survival at
24 --hours is greater than 50% in the l00% effluent dilution; if the mean
survival is less than or equal to 50%, enter "1."
4. Persistent Mortality
The requirements of this Part apply when a toxicity test demonstrates significant
lethality, here defined as a mean mortality of 50% or greater to organisms exposed to the
l00% effluent concentration after 24 -hours.
a. The permittee shall conduct 2 additional tests (retests) for each species that
demonstrates significant lethality. The two retests shall be conducted once per
week for 2 weeks. Five effluent dilution concentrations in addition to an
appropriate control shall be used in the retests. These additional effluent
concentrations are 6%,13%, 25%, 50% and l00% effluent. The first retest shall
be conducted within 15 days of the laboratory determination of significant
lethality. All test results shall be submitted within 20 days of test completion of
the second retest. Test completion is defined as the 24th hour.
b. if one or both of the two retests specified in item 4. a. demonstrates significant
lethality, the permittee shall initiate the TRE requirements as specified in Part 5
of this Section.
5. Toxicity Reduction Evaluation
a. Within 45 days of the retest that demonstrates significant lethality, the permittee
shall submit a General Outline for initiating a Toxicity Reduction Evaluation
(TRE). The outline shall include, but not be limited to, a description of project
personnel, a schedule for obtaining consultants (if needed), a discussion of
influent and effluent data available for review, a sampling and analytical
schedule, and a proposed TRE initiation date.
b. Within go days of the retest that demonstrates significant lethality, the permittee
shall submit a TRE Action Plan and Schedule for conducting a TRE. The plan
shall specify the approach and methodology to be used in performing the TRE. A.
TRE is a stepwise investigation combining toxicity testing with physical and
chemical analysis to determine actions necessary to eliminate or reduce effluent
toxicity to a level not effecting significant lethality at the critical dilution. The
TRE Action Plan shall lead to the successful elimination of significant lethality for
both test species defined in item 1.b. As a minimum, the TRE Action Plan shall
include the following:
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City of La Porte
TPDES Permit No. WQ00102o6001
1) Specific Activities - The TRE Action Plan shall specify the approach the
permittee intends to utilize in conducting the TRE, including toxicity
characterizations, identifications, confirmations, source evaluations,
treatability studies, and alternative approaches. When conducting
characterization analyses, the permittee shall perform multiple
characterizations and follow the procedures specified in the document
entitled, "Methods for Aquatic Toxicity Identification Evaluations: Phase I
Toxicity Characterization Procedures" (EPA/600/6-91/oo3), or alternate
procedures. The permittee shall perform multiple identifications and
follow the methods specified in the documents entitled, "Methods for
Aquatic Toxicity Identification Evaluations, Phase II Toxicity
Identification Procedures for Samples Exhibiting Acute and Chronic
Toxicity" (EPA/600/R-92/o8o) and "Methods for Aquatic Toxicity
Identification Evaluations, Phase III Toxicity Confirmation Procedures for
Samples Exhibiting Acute and Chronic Toxicity" (EPA/600/R-92/081).
All characterization, identification, and confirmation tests shall be
conducted in an orderly and logical progression;
2) Sampling Plan W The TRE Action Plan should describe sampling locations,
methods, holding times, chain of custody, and preservation techniques.
The effluent sample volume collected for all tests shall be adequate to
perform the toxicity characterization/ identification/ confirmation
procedures, and chemical -specific analyses when the toxicity tests show
significant lethality. Where the permittee has identified or suspects
specific pollutant(s) and source(s) of effluent toxicity, the permittee shall
conduct, concurrent with toxicity testing, chemical -specific analyses for
the identified and suspected pollutant(s) and source(s) of effluent toxicity;
3). Quality Assurance Plan - The TRE Action Plan should address record
keeping and data evaluation, calibration and standardization, baseline
tests, system blanks, controls, duplicates, spikes, toxicity persistence in
the samples, randomization, reference toxicant control charts, as well as
mechanisms to detect artifactual toxicity; and
4) Project Organization - The TRE Action Plan should describe the project
staff, project manager, consulting engineering services (where applicable),
consulting analytical and toxicological services, etc.
C. Within 3o days of submittal of the TRE Action Plan and Schedule, the permittee
shall implement the TRE with due diligence.
d. The permittee shall submit quarterly TRE Activities Reports concerning the
progress of the TRE. The quarterly TRE Activities Reports are due on or before
April loth, July 2oth, October 2oth, and January 2oth. The report shall detail
information regarding the TRE activities including:
1) results and interpretation of any chemical -specific analyses for the
identified and suspected pollutant(s) performed during the quarter;
2) results and interpretation of any characterization, identification, and
confirmation tests performed during the quarter;
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City of La Porte
TPDES Permit No. WQ00102o6001
3) any data and substantiating documentation which identifies the
pollutant(s) and source(s) of effluent toxicity;
4) results of any studies/evaluations concerning the treatability of the
facility's effluent toxicity;
5) any data which identifies effluent toxicity control mechanisms that will
reduce effluent toxicity to the level necessary to eliminate significant
lethality; and
6) any changes to the initial TRE Plan and Schedule that are believed
necessary as a result of the TRE findings.
Copies of the TRE Activities Report shall also be submitted to the U.S. EPA.
Region 6 office.
C. During the TRE, the permittee shall perform, at a minimum, quarterly testing
using the more sensitive species; testing for the less sensitive species shall
continue at the frequency specified in Part 1.b.
f. If the effluent ceases to effect significant lethality (herein as defined below) the
permittee may end the TRE. A "cessation of lethality" is defined as no significant
lethality for a period of 12 consecutive weeks with at least weekly testing. At the
end of the 12 weeks, the permittee shall submit a statement of intent to cease the
TRE and may then resume the testing frequency specified in Part i.b. The
permittee may only apply the "cessation of lethality" provision once.
This provision accommodates situations where operational errors and upsets,
spills, or sampling errors triggered the TRE, in contrast to a situation where a
single toxicant or group of toxicants cause lethality. This provision does not
apply as a result of corrective actions taken by the permittee. "Corrective actions"
are herein defined as proactive efforts which eliminate or reduce effluent toxicity.
These include, but are not limited to, source reduction or elimination, improved
housekeeping, changes in chemical usage, and modifications of influent streams
and effluent treatment.
The permittee may only apply this cessation of lethality provision once. If the
effluent again demonstrates significant lethality to the same species, the permit
will be amended to add a WET limit with a compliance period, if appropriate.
However, prior to the effective date of the WET limit, the permittee may apply for
a permit amendment removing and replacing the WET limit with an alternate
toxicity control measure by identifying and confirming the toxicant and an
appropriate control measure.
g. The permittee shall complete the TRE and submit a Final Report on the TRE
Activities no later than 18 months from the last test day of the retest that
demonstrates significant lethality. The permittee may petition the Executive
Director (in writing) for an extension of the 18 -month limit. However, to warrant
an extension the permittee must have demonstrated due diligence in their pursuit
of the TIE/TRE and must prove that circumstances beyond their control stalled
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City of La Porte TPDES Permit No. WQ00102o600i
the TIE/TRE. The report shall specify the control mechanism(s) that will, when
implemented, reduce effluent toxicity as specified in item 5.9. The report will also
specify a corrective action schedule for implementing the selected control
mechanism(s). A copy of the TRE Final Report shall also be submitted to the U.S.
EPA Region 6 office.
I Within 3 years of the last day of the test confirming toxicity, the permittee shall
comply with 307.6.(e)(2)(B), which requires greater than 50% survival of the test
organism in l00% effluent at the end of 24 -hours. The permittee may petition the
Executive Director (in writing) for an extension of the 3 -year limit. However, to
warrant an extension the permittee must have demonstrated due diligence in
their pursuit of the TIE/TRE and must prove that circumstances beyond their
control stalled the TIE/TRE.
The requirement to comply with 307.6.(e)(2)(B) may be exempted upon proof
that toxicity is caused by an excess, imbalance, or deficiency of dissolved salts.
This exemption excludes instances where individually toxic components (e.g.
metals) form a salt compound. Following the exemption, the permit may be
amended to include an ion -adjustment protocol, alternate species testing, or
single species testing.
L Based upon the results of the TRE and proposed corrective actions, this permit
may be amended to modify the biomonitoring requirements where necessary, to
require a compliance schedule for implementation of corrective actions, to
specify a WET limit, to specify a BMP, and to specify a CS limit.
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City of La Porte
TPDES Permit No. WQ00102o600i
TABLE 2 (SHEET 1 OF 2)
MYSID SHRIMP SURVIVAL
GENERAL INFORMATION
PERCENT SURVIVAL
Time
Enter percent effluent corresponding to the LCSo below;
24 hour LC50 = % effluent
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City of La Porte
TPDES Permit No. WQ00102o6001
TABLE 2 (SHEET 2 OF 2)
INLAND SILVERSIDE SURVIVAL
GENERAL INFORMATION
PERCENT SURVIVAL
Enter percent effluent corresponding to the LC6o below:
24 hour LC6o = % effluent
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City of La Porte
TPDES Permit No. WQOO I 02C
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