HomeMy WebLinkAboutOrdinance - 2020-O0150 - Amending Article 22.04 of the Code of Ordinances, WastewaterFirst Reading
October 27, 2020
Item No. 7.14
ORDINANCE NO. 2020-00150
Second Reading
November 2, 2020
Item No. 6.7
AN ORDINANCE AMENDING ARTICLE 22.04 OF THE CODE OF ORDINANCES
OF THE CITY OF LUBBOCK, WASTEWATER SYSTEM, BY AMENDING THE PURPOSE
AND POLICY, DEFINITIONS, DISCHARGE PROHIBITIONS, INDUSTRIES TO COMPLY
WITH FEDERAL AND LOCAL PRETREATMENT STANDARDS, LIQUID WASTE,
ACCIDENTAL DISCHARGE/SLUG DISCHARGE CONTROL PLANS, APPLICATION FOR
PERMIT, APPLICATION SIGNATORIES AND CERTIFICATION FOR PERMIT,
MODIFICATION OR PERMIT, CONDITIONS OF PERMIT, MONITORING FACILITIES,
PERMITTED AND NON -PERMITTED INDUSTRIAL USERS, INSPECTION AND
SAMPLING, RECORDKEEPING, SAMPLE COLLECTION, CHARGES AND FEES, LEGAL
ACTION, AMENDING DIVISION 5 RELATING TO THE PRETREATMENT AND
DISPOSAL OF WASTES, AND ADDING DIVISION 7 RELATING TO FATS, OILS, AND
GREASE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of
the citizens of the City of Lubbock to amend the Code of Ordinances in regard to amending
Article 22.04, Wastewater System, by amending the purpose and policy, definitions, discharge
prohibitions, industries to comply with federal and local pretreatment standards, liquid waste
disposer and/or transporters, accidental discharge/slug discharge control plans, application for
permit, application signatories and certification for permit, modification or permit, conditions of
permit, monitoring facilities, permitted and non -permitted industrial users, inspection and
sampling, recordkeeping, sample collection, charges and fees, legal action, amending Division 5
relating to the pretreatment and disposal of wastes, and adding Division 7 relating to fats, oils,
and grease; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.04.001 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.001 Purpose and policy
(a) This article sets forth uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system for the City of Lubbock and
enables the city to comply with all applicable state and federal laws required by the
Clean Water Act of 1977 and the General Pretreatment Regulations (40 CFR, part
403).
(b) The objectives of this article are to:
(1) Prevent the introduction of pollutants into the municipal wastewater
system which will interfere with the operation of the system or contaminate the
resulting sludge;
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(2) Prevent the introduction of pollutants into the municipal wastewater
system which will pass through the system, inadequately treated, or otherwise
be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges
from the system;
(4) Provide for equitable distribution of the cost of the municipal wastewater
system;
(5) Protect the health and safety of wastewater treatment and wastewater
collection personnel and the general public; and
(6) Enable the city to comply with its National Pollutant Discharge
Elimination System permit conditions, sludge use and disposal requirements,
and any other federal or state laws [to] which the publicly owned treatment
works is subject.
(c) This article provides for the regulation of direct and indirect contributors to the
municipal wastewater system through the issuance of permits to certain nondomestic
users and through enforcement of general requirements for the other users, authorizes
monitoring and enforcement activities, requires user reporting, assumes that existing
customers' capacity will not be preempted, and provides for the setting of fees for the
equitable distribution of costs resulting from the program established herein..
(d) This article shall apply to the City of Lubbock and to persons outside the city
who are, by contract or agreement with the city, users of the city's publicly owned
treatment works (POTW). Except as otherwise provided herein, the director of water
utilities of the city POTW shall administer, implement, and enforce the provisions of
this article.
SECTION 2. THAT Section 22.04.002 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
See.22.04.002 Definitions
(a) Unless the context specifically indicates otherwise, the meaning of the terms used
in this article shall be as follows:
Act. The Clean Water Act (33 USC 1251 et seq.), as amended.
Approval authority. The executive director of the Texas Commission on Environmental
Quality.
Approved metering device. A metering device approved by the director of water utilities
and/or his duly authorized representatives.
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Authorized representative of industrial user. An authorized representative of an industrial
user may be:
(1) If the user is a corporation:
(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 a similar policy- or decision -making functions for the
corporation; or
(B) The manager of one or more manufacturing, production, or operation
facilities employing more than two hundred fifty (250) persons or having
gross annual sales or expenditures exceeding twenty-five million dollars
($25,000,000.00) (in second-quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures.
(2) If the user is a partnership or sole proprietorship: a general partner or
proprietor, respectively.
(3) If the user is a federal, state, or local government facility: a director or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility, or their designee.
(4) The individuals described in subsections (1) through (3) above may
designate another authorized representative if the authorization is in writing, the
authorization specifies the individual or position responsible for the overall
operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the City of Lubbock.
Best Management Practices 6E MPs).Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions
listed in Section 22.04.083 and/or 40 CFR 403.5(a)(1) and (b). BMPs include treatment
requirements, operating procedures, and practices to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical oxygen demand BOD). The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, as specified in "Standard
Methods" in five (5) days at twenty (20) degrees centigrade expressed as milligrams per
liter.
Boiler blowdown. The discharge of waters or wastes from a boiler.
Building sewer. The extension from the building drain to the public sewer or other place
of disposal.
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BB Ty as . The diversion of wastestreams or wastewaters from any portion of a user's
wastewater treatment equipment or pretreatment facility.
Categorical Industrial User (CIU). All Industrial Users subject to Categorical
Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N.
Categorical pretreatment standard or categorical standard. Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c)
of the act (33 USC section 1317) which apply to a specific category of users and which
appear in 40 CFR chapter I, subchapter N, parts 405-471.
Cesspool. A covered pit into which raw sewage is discharged for final disposal by leaching
into the surrounding porous soil.
Chemical oxygen demand (COD). The amount of a specified oxidant that reacts with the
subject sample under controlled conditions as described in the latest edition of "Standard
Methods for the Examination of Water and Wastewater," according to the Texas
Administrative Code, Title 30 Environmental Quality, 319.11, Sampling and Laboratory
Testing Methods.
Cam. The City of Lubbock, a home rule municipal corporation of Lubbock County, Texas.
Commercial. Establishments which primarily discharge domestic wastes, but are not
limited to such wastes.
Composite sample. A sample that is collected over time and formed either by continuous
sampling or by mixing of discrete measured portions. Composites formed by mixing
discrete sampling measured portions may be collected on a flow- or time -proportional
basis.
(1) Flow -proportional composite.
(A) Composed of sampling measured proportions collected at consistent
time intervals and proportioned in volume according to waste flow;
(B) Composed of sampling measured proportions of consistent volume
that are collected at time intervals proportioned according to waste flow.
(2) Time -proportional composite. Composed of discrete measured proportions
of consistent volume collected at consistent time intervals irrespective of waste
flow.
Control authority. The City of Lubbock publicly owned treatment works (POTW) with an
approved pretreatment program.
Cooling water. The water discharged from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added is heat.
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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.
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 Limits are expressed in units of mass, the daily
discharge is the total mass discharged over the course of the day. Where Daily Maximum
Limits are expressed in terms of concentration, the daily discharge is the arithmetic
average measurement of the pollutant concentration derived from all measurements taken
that day.
Direct discharge. The discharge of treated or untreated wastewater directly to the waters
of the State of Texas.
Director of water utilities. The person designated by the city to supervise the operation of
the publicly owned wastewater collection and treatment works and who is charged with
certain duties and responsibilities by this article, or his duly authorized representatives.
Domestic wastewater. The wastewater normally discharging into the sanitary
conveniences of dwellings (including apartment houses and hotels), office buildings,
factories and institutions, free of stormwater, free of extraneous nonpolluted water, and
free of industrial waste.
Drain. A pipe or channel by which liquid is drained off.
Environmental Protection Agency or EPA. The United States Environmental Protection
Agency or, where appropriate, the term may also be used as a designation for other duly
authorized officials of said agency.
Existing source. Any source of discharge that is not a "New Source."
Fats, oils and greases (FOG). Organic polar compounds derived from animal and/or plant
sources that contain multiple carbon chain triglyceride molecules. These substances are
detectable and measurable using analytical test procedures established in 40 CFR, Part
136, as may be amended from time to time.
Garbage. Solid wastes and residue from the preparation, cooking and dispensing of food
that have been shredded to such degree that all particles will be carried freely under the
flow conditions normally prevailing in public sewers, with no particle greater than one -
quarter inch in any dimension.
General discharge prohibitions. Absolute prohibitions against the discharge of certain
substances; these prohibitions appear in section 22.04.083 of this article.
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Generator. Any entity or person whose act or process produces waste that is discharged
into the POTW.
Grab sample. A sample which is taken from a wastestream without regard to the flow in
the wastestream and over a period of time not to exceed fifteen (15) minutes.
Grease. Any material recovered as a substance soluble in trichlorotrifluoroethane
including biological and mineral hydrocarbons, such as, but not limited to, thick oils,
viscous lubricants, fats, etc. "Grease" or "greases" does not include "fats, oils and
greases," as defined in this section.
Grease trap waste. Material collected in and from a grease trap/interceptor in the sanitary
sewer service line of a commercial or industrial user, including the solids resulting from
de -watering processes.
Grit/sand trap waste. Material collected in and from a grit/sand trap in the sanitary sewer
service line of a commercial or industrial user.
Health ofcial. City health officer, public health administrator, or the duly designated
representative of the city or state health department.
History based consumption (HBQ. The average water volume used by a single-family
residential customer, or other customer not required to meter pursuant to section 22.04.042
of the Code of Ordinances of the city, said volume to be calculated by the non -irrigation
meter readings for the months of November, December, January, and February of the
previous twelve-month period.
Holding tank waste. Any waste from holding tanks; receptacles in boats, chemical toilets,
campers, trailers, etc.; and/or any wastes from septic tanks, and vacuum -pump tank trucks.
Indirect discharge. The discharge or the introduction of nondomestic pollutants from any
source regulated under section 307(b) or (c) of the act (33 USC 1317) into the POTW
(including holding tank waste discharged into the system).
Industrial. Establishments that produce industrial waste.
Industrial user. Any industry that discharges industrial processing wastewater, including
sanitary wastewater, into the City of Lubbock's sanitary sewer system.
Industrial waste. Any waterborne solid, liquid or gaseous waste resulting from any
commercial, industrial, manufacturing or food processing operation or from the
development of any natural resource or any mixture of these with water or domestic
sewage as distinct from normal domestic sewage.
Inspector. Any authorized agent or representative of the city.
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Instantaneous limit. The maximum concentration of a pollutant allowed to be discharged
at any time, determined from the analysis of any discrete or composited sample collected,
independent of the industrial flow rate and the duration of the sampling event.
Interference. A discharge, which, along or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment process or operation or
its sludge processes, use or disposal and, therefore, is a cause of a violation of the City of
Lubbock's NPDES permit, TNRCC permit or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory/regulatory provisions or
permits issued thereunder, or any more stringent state or local regulations: section 405 of
the act; the Solid Waste Disposal Act, including Title II commonly referred to as the
Resource Conservation and Recovery Act (RCRA); any state regulations contained in any
state sludge management plan prepared pursuant to subtitle D of the Solid Waste Disposal
Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
Land application site. The designated site for final disposal of effluent from the city's
POTW.
Local limit. Specific discharge limits developed and enforced by the Control Authority
upon industrial and commercial facilities to implement the general and specific discharge
prohibitions listed in 40 CFR 403.5(a)(1) and (b).
Manifest. Texas Commission on Environmental Quality (TCEQ) documentation of each
individual collection and deposit of waste by transporters. The form must be approved by
the TCEQ.
Maximum allowable discharge limit. The maximum pollutant limitation allowable by
ordinance for specific pollutant limits.
May. Permissive.
Medical waste. Isolation wastes, infectious agents, human blood and blood products,
pathological wastes, sharps, body parts, contaminated bedding, surgical wastes,
potentially contaminated laboratory wastes, and dialysis wastes.
Monitoring facilities. Appurtenance provided by user to sample process wastewater prior
to the wastewater entering the POTW. The requirements of the monitoring facilities are
set forth in section 22.04.173 of this article.
Monthly average. The sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
Monthly avera eg 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 that month.
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Multifamily dwelling units. Two (2) or more dwelling units on a single lot or tract, whether
in one building or more than one building or structure including a mobile home or homes
located on a single lot or tract of land irrespective of the fact that water service for each
unit may or may not be [on] one meter or all on the same meter. This definition also applies
to multifamily dwelling units with a private water supplier if connected to the city's
sanitary sewer system.
National categorical pretreatment standard or pretreatment standard. Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section
307(b) and (c) of the act (33 USC 1347) which applies to a specific category of industrial
users.
National prohibitive discharge standard or prohibitive discharge standard. Any
regulation developed under the authority of section 307(b) of the act and 40 CFR, section
403.5.
Natural outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface
water or groundwater.
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 of proposed pretreatment standards under section 307(c) of the act
which will be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
(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 are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing
source, should be considered.
(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 subsection (1)(B)
or (C) above, but otherwise alters, replaces, or adds to existing process or
production equipment.
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(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 on -site
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 buildings, structures, or facilities
which is necessary for the placement, assembly, or installation of
new source facilities or equipment; or
(B) Entered into a binding contractual obligation for the purchase of
facilities or equipment which are intended to be used in its operation within
a reasonable time. Options to purchase or contracts which can be
terminated or modified without substantial loss and contracts for
feasibility, engineering, and design studies do not constitute a contractual
obligation under this paragraph.
Noncontact cooling water. Water used for cooling, which does not come into direct
contact with any raw material, intermediate product, waste product, or finished product.
Normal domestic sewage. Sewage which, when analyzed, shows by weight a daily average
of not more than two hundred fifty (250) mg/1 of BOD and not more than two hundred
fifty (250) mg/l of TSS, and which is otherwise acceptable into a public sewer under the
terms of this article.
Q ficial notice. Registered or certified letter (return receipt requested) from the director of
water utilities or his duly authorized representatives.
On -site sewera ee systems. Septic tanks, pit privies, cesspools, sewage holding tanks,
injection wells used to dispose of sewage, chemical toilets, treatment tanks, and all other
facilities, systems, and methods used for the disposal of sewage other than the disposal
systems operated under a permit issued by the Texas Water Commission.
Owner. The person, firm or public or private corporation using a lot, parcel of land,
building or premises that discharges waterborne wastes, either polluted or unpolluted,
within the city limits of the City of Lubbock, who pays or is legally responsible for the
payment of water rates or charges made against the said lot, parcel of land, building or
premises, if connected to the water distribution system of the city, or who would be legally
responsible for such payment if so connected.
Pass through. A discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges
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from other sources, is a cause of violation of any requirement of the City of Lubbock's
NPDES permit, including an increase in magnitude or duration of a violation.
Person. Any individual, partnership, copartnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal
entity, or their legal representatives, agents or assigns. The masculine gender shall include
the feminine, the singular shall include the plural where indicated by the context.
pH. The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in grams per liter of solution.
Pollutant. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discharged equipment, rock, sand, and industrial, municipal, and agricultural
waste discharged into water.
Polluted water. Any water or waterborne waste that is not approved for discharge into a
watercourse or stream by the appropriate governmental authority or any water that requires
treatment prior to acceptance for a domestic water supply.
Pollution. The man-made or man -induced alteration of the chemical, physical, biological,
and radiological integrity of water.
POTW treatment plant. That portion of the POTW designed to provide treatment to
wastewater.
Pretreatment or treatment. The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater to a less
harmful state prior to or in lieu of discharging or otherwise introducing such pollutants
into a POTW. The reduction or alteration can be obtained by physical, chemical or
biological processes, or process changes by other means, except as prohibited by 40 CFR,
section 403.6(d), also pretreatment or treatment includes such devices as grease, oil, or
sand interceptors, and hydrocarbon removal units, but is not limited to these units.
Pretreatment requirements. Any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Private water supplier. Water supplied from a private source, such as a well, or any source
other than the public water supply.
Process wastewater. The term process waste water means 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.
Public sewer. A sewer in which all owners of abutting properties have specific rights and
is controlled by public authority.
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Publicly owned treatment works (POTS. A treatment works as defined by section 212 of
the act (33 USC 1292) which is owned in this instance by the city. This definition includes
any sewers that convey wastewater to the POTW treatment plant and the designated land
application site, but does not include pipes, sewers or other conveyances not connected to
a facility providing treatment. For the purposes of this article, "POTW" shall also include
any sewers that convey wastewaters to the POTW from persons outside the city who are,
by contract or agreement with the city, users of the city's POTW.
Residential. Dwelling units that are individually metered and produce domestic
wastewater, including those with private water supply but connected to the City of
Lubbock's sanitary sewer system.
Reverse osmosis. The separation of a solvent and a solute by the application of pressure in
excess of natural osmotic pressure to the solution side of the membrane forcing the solvent
to the other side.
Sanitary sewer. A publicly owned pipe or conduit designed to collect and transport
industrial waste and domestic sewage.
Septage (true). Human waste excrement collected in privately owned septic tanks which
does not include industrial or commercial process waste material.
Sewage. Domestic or industrial waste carried in the drains and pipes of the sanitary sewer.
Sewer. A pipe or conduit designed to collect and transport sewage.
Shall. Mandatory.
Significant industrial user.
(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(A) Discharges an average of twenty-five thousand (25,000) gallons per
day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling, and boiler blowdown wastewater);
(B) Contributes a process wastestream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or
(C) Is designated as such by the City of Lubbock on the basis that it has
a reasonable potential for adversely affecting the POTW's operation or for
violating any pretreatment standard or requirement.
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(3) Upon finding that a user meeting the criteria in subsection (2) has no
reasonable potential for adversely affecting the POTW's operation or for violating
any pretreatment standard or requirement, the city may at any time on its own
initiative or in response to a petition received from a user, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should not be
considered a significant industrial user.
Significant noncompliance (SNQ. An industrial user is in significant noncompliance if its
violation meets one or more of the criteria described in 40 CFR 403.8(f)(2)(vii)(A)—(H),
as same may be amended from time to time including:
(1) Chronic violations of wastewater Discharge limits, defined here as those in
which 66 percent or more of all of the measurements taken for the same pollutant
parameter during a 6-month period exceed (by any magnitude) a numeric
Pretreatment Standard or Requirement, including instantaneous limits, as defined
by 40 CFR 403.3(1);
(2) Technical Review Criteria (TRC) violations, defined here as those in which
33 percent or more of all of the measurements taken for the same pollutant
parameter during a 6-month period equal or exceed the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits, as defined
by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS,
fats, oil, and grease, and 1.2 for all other pollutants except pH);
(3) 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 POTW 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);
(4) Any other violation or group of violations, which may include a violation
of Best Management Practices, which the POTW determines will adversely affect
the operation or implementation of the local Pretreatment program.
(5) Failure to provide, within 45 days after the due date, required reports such
as baseline monitoring reports, 90-day compliance reports, periodic self -
monitoring reports, and reports on compliance with compliance schedules
Singe- amily residence. One building structure or mobile home on a single lot or tract
occupied as one dwelling unit.
Slug discharge. A slug discharge is any discharge of a nonroutine, episodic nature,
including but not limited to an accidental spill or a noncustomary batch discharge, which
has a reasonable potential to cause interference or pass through, or in any other way violate
the City of Lubbock's regulations, local limits, or permit conditions.
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Standard industrial classification §I0. A classification pursuant to the latest edition of
the Standard Industrial Classification Manual issued by the Executive Office of the
President, Office of Management and Budget.
Standard Methods. The examination and analytical procedures set forth in the latest
edition, at the time of adoption of this section, of Standard Methods for the Examination
of Water and Wastewater as prepared, approved and published jointly by the American
Public Health Association, the American Water Works Association and the Water
Pollution Control Federation.
State. State of Texas.
Storm sewer or storm drain. A sewer which carries stormwaters and surface waters and
drainage but excludes sewage and polluted industrial wastes.
Stormwater. Any flow occurring during or following any form of natural precipitation and
resulting therefrom.
Texas Commission on Environmental QualiU (TCEQ). Formerly referred to as the Texas
Natural Resource Conservation Commission (TNRCC). TCEQ is an agency of the state
given responsibility for implementing the constitution and the laws of this state relating to
water. In this article, the acronym "TCEQ" shall replace all references previously referred
to as "TNRCC" requirements.
Texas Department of Health (7'DH). The Texas Department of Health has been established
by state law to better protect and promote the health of the people of Texas.
Texas Water Commission (TW0. The commission is the agency of the state given primary
responsibility for implementing the constitution and laws of this state relating to water.
Total suspended solids MSS) or suspended solids. The solids that either float on the surface
of, or in suspension in, water, sewage or other liquids; and which are removable by
laboratory filtering. Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in Standard Methods.
Toxic pollutant. Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the Environmental Protection Agency under the
provisions of CWA 307(a) or other acts.
Toxic waste. Any waterborne liquid, solid or gaseous substance in sufficient quantity to
damage, injure or interfere with any sewage treatment process, constitute a hazard to
humans, animals or plants, or create any hazard to humans, animals or plants, or create
any hazard in the groundwaters.
Transporter. A person who is registered with and authorized by the TCEQ, and where
applicable, the city, to transport sewage sludge, water treatment sludge, domestic septage,
chemical toilet waste, grit/sand trap waste, or grease trap waste in accordance with 30
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TAC, chapter 312, subchapter G, sections 312.141-312.150, as same may be amended
from time to time.
Unpolluted water. Water or waterborne waste that is free of emulsified grease or oil, acids
or alkalis, phenols, or other substances that would cause taste and odor in receiving water,
toxic or poisonous substances in suspension, solution or gaseous state, shall not contain
more than ten (10) mg/l each of BOD and suspended solids. The color shall not exceed
fifty (50) units. Any water or wastewater approved for discharge into a stream or waterway
by the appropriate state authority shall be considered unpolluted water.
User. Any person who contributes, causes or permits the contribution of wastewater into
the city's POTW.
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 into or permitted to enter the POTW.
Wastewater contribution permit. As set forth in section 22.04.132 of this article.
Waterborne. Supported or transported by water.
Watercourse. A channel in which a flow of water occurs either continuously or
intermittently.
Waters of the state. All streams, lakes, ponds, marshes, watercourses, waterways, wells,
springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or artificial, public or private,
which are contained within, flow through, or border upon the state or any portion thereof.
(b) Abbreviations. The following abbreviations shall have the designated meanings:
BOD Biochemical oxygen demand.
CFR Code of Federal Regulations.
CWA Clean Water Act.
COD Chemical oxygen demand.
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EPA Environmental Protection Agency.
Liter.
mg Milligrams.
mg/1 Milligrams per liter.
NPDES National Pollution Discharge Elimination System or Texas Pollution
Elimination System, as appropriate.
O & M Operation and maintenance.
POTW Publicly owned treatment works.
RCRA Resource Conservation Recovery Act.
SIC Standard Industrial Classification.
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality.
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TDH Texas Department of Health.
TDS Total dissolved solids.
TSS Total suspended solids.
TWC Texas Water Commission.
USC United States Code.
SECTION 3. THAT Section 22.04.083 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.083 Discharge prohibitions
(a) A user may not introduce into a POTW any pollutant(s) which cause(s) pass
through or interference. These prohibitions apply to all such users of a POTW whether
or not the user is subject to national categorical pretreatment standards or any other
national, state, or local pretreatment standards or requirements.
(b) The following are specific prohibitions which a user must not contribute to any
POTW:
(1) Any wastewater or vapor having a temperature greater than one hundred
fifty (150) degrees Fahrenheit, or which inhibits biological activity in the
treatment plant resulting in interference. Wastewater discharged shall not
cause the temperature at the introduction into the treatment plant to exceed one
hundred four (104) degrees Fahrenheit.
(2) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive
liquids, solid or gas.
(3) Any garbage that has not been ground or shredded to such a degree that
all particles will be carried freely in suspension under flow conditions normally
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prevailing in the public sanitary sewers, with no particles greater than one-
fourth inch in any dimension.
(4) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, hair and fleshings, entrails, lime
residues, slops, chemical residues, paint residues, bulk solids or any other solid
or viscous substance capable of causing obstruction to the flow in sewers or
other interference with the proper operation of the sewage works.
(5) Any waters or wastes having a pH lower than five point zero (5.0) or
higher than ten point zero (10.0), or having any other corrosive property
capable of causing damage or hazard to structures, equipment or personnel of
the wastewater system.
(6) Any waters or wastes containing a toxic or poisonous substance
(including but not limited to herbicides, pesticides, fungicides, and other
organic and inorganic pollutants) which could injure or interfere with any
wastewater treatment process, constitute a hazard to humans or animals or
create any hazard in the receiving water of the POTW.
(7) Any waters or wastes containing suspended solids of such character and
quantity that unusual attention or expense is required to handle such materials
at the wastewater treatment plant.
(8) 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 problems or any noxious or malodorous gas or substance capable of
creating a public nuisance.
(9) Any trucked or hauled pollutants, except at discharge points designated
by the city in accordance with section 22.04.175, regulation 4, of this article.
(10) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable state or federal regulations.
(11) Any substance which may cause the POTW's effluent or any other
product of the POTW, such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process. In no case
shall a substance discharged to the POTW cause the POTW to be in
noncompliance with sludge use or disposal criteria, guidelines or regulation
developed under section 405 of the act; any criteria, guidelines, or regulations
affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state
criteria applicable to the sludge management method being used.
(12) Any substance which contributes to the POTW's violation of its TCEQ
and/or other disposal system permit.
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(13) Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning solutions.
(14) Any wastewater which causes a hazard to human life or creates a public
nuisance.
(15) Pollutants which create a fire or explosion hazard in the POTW,
including, but not limited to, wastestreams with a closed -cup flashpoint of less
than one hundred forty (140) degrees Fahrenheit (60' C) using the test methods
specified in 40 CFR 261.21.
(16) Petroleum oil, nonbiodegradable cutting oil, or products of mineral
origin in amounts that will cause interference or pass through.
(17) Pollutants, including oxygen -demanding pollutants (BOD, etc.),
released in a discharge at a flow rate and/or pollutant concentration which,
either singly or by interaction with other pollutants, will cause interference
with the POTW.
(18) Any waters that introduce pollutants into the Publically Owned
Treatment Works (POTW) that will pass through the POTW inadequately
treated into receiving waters, or otherwise be incompatible with the POTW.
(c) When the director of water utilities determines that a user(s) is contributing to
the POTW any of the above enumerated substances in such amounts as to interfere
with the operation of the POTW, the director of water utilities shall:
(1) Advise the user(s) of the impact of the contribution on the POTW;
(2) Develop effluent limitation(s) and/or BMPs (to implement 40 CFR
403.5(c)(1)-(2)) for such user to correct the interference with the POTW; and
(3) Advise or recommend corrective action which may include plugging of
the service line or disconnection from the sanitary sewer.
SECTION 4. THAT Section 22.04.089 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.089 Industries to comply with federal and local pretreatment
standards
Any industry falling within any industrial category subject to categorical pretreatment
standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act of 1977
and any subsequent amendments applying to this act shall comply with all federal
regulations, pretreatment requirements, BMPs, and/or discharge limits applicable to that
particular industrial category. These federal pretreatment regulations take precedence over
this division; provided, however, such industry shall continue to meet specific discharge
limits set forth in this division which are not inconsistent with the categorical pretreatment
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standards applicable to its industry, and shall meet more stringent local standards which
have been justified as necessary for the protection of the wastewater treatment process.
SECTION 5. THAT Section 22.04.095 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.095 Liquid waste disposers
Liquid waste disposers shall meet all requirements of federal and state law, and all
requirements of this article in addition to the following criteria:
(1) Accept waste from a transporter that is permitted by the Texas
Commission on Environmental Quality, City of Lubbock's Environmental
Health Department, and the City of Lubbock's water utilities department;
(2) Maintain manifest copies of transporter waste for a period of three (3)
years. These records shall be made available, if requested by the director of
water utilities;
(3) Accept only those classes of waste which comply with city, state, and
federal requirements.
SECTION 6. THAT Section 22.04.096 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.096 Accidental discharge/slug discharge control plans
At least once every two (2) years, the director of water utilities shall evaluate
whether each significant industrial user needs an accidental discharge/slug discharge
control plan. The director of water utilities may require any user to develop, submit
for approval, and implement such a plan. Significant Industrial Users are required to
notify the Control Authority immediately of any changes at its facility affecting the
potential for a slug discharge. Alternatively, the director of water utilities may
develop such a plan for any user. An accidental discharge/slug discharge control plan
shall address, at a minimum, the following:
(1) Description of discharge practices, including nonroutine batch
discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the director of water utilities of
any accidental or slug discharge, as required by section 22.04.094 of this
division; and
(4) Procedures to prevent adverse impact from any accidental or slug
discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of material, loading and
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unloading operations, control of plant site runoff, worker training, building of
containment structures or equipment, measures for containing toxic organic
pollutants, including solvents, and/or measures and equipment for emergency
response.
SECTION 7. THAT Section 22.04.133 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec.22.04.133 Application
(a) Significant industrial users, as defined in section 22.04.002, shall complete and
file with the city Southeast Water Reclamation Plant, P.O. Box 2000, Lubbock, TX
79457, phone 806-775-3221, an application in the form prescribed by the city, and
accompanied by a fee of six hundred dollars ($600.00). Existing users shall apply for
a wastewater contribution permit within thirty (30) days after the effective date of this
article, and proposed new users shall apply at least ninety (90) days prior to connecting
to or contributing to the POTW. Applications can be obtained from the Southeast
Water Reclamation Plant, P.O. Box 2000, Lubbock, TX 79457, phone 806-775-3221.
In support of the application, the user shall submit, upon request, in units and terms
appropriate for evaluation, part or all of the following information:
(1) Name, address, and location of actual facility (if different from the
mailing address);
(2) SIC number according to the current Standard Industrial Classification
Manual, Bureau of the Budget;
(3) Wastewater constituents and characteristics including but not limited to
those mentioned in division 3 of this article as determined by a reliable
analytical laboratory; sampling and analysis shall be performed in accordance
with procedures established by the EPA pursuant to section 304(g) of the act
and contained in 40 CFR, Part 136, as amended;
(4) Time and duration of contribution;
(5) Average daily and thirty -minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to
show all sewers, sewer connections, and appurtenances by the size, location
and elevation;
(7) Description of activities, facilities and plant processes on the premises
including all materials which are or could be discharged;
(8) The nature and concentration of any pollutants in the discharge which
are limited by any city, state, or federal pretreatment standards, and a statement
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regarding whether or not the 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 for the user to meet
applicable pretreatment standards;
(9) If additional pretreatment and/or O&M will be required to meet the
pretreatment standards, and if so, the shortest schedule by which the user will
provide such additional pretreatment. The completion date in this schedule
shall not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to this schedule:
(A) The schedule shall contain increments of progress 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 (e.g., hiring
an engineer, completing preliminary plans, executing contract for
major components, commencing construction, completing
construction, etc.).
(B) No increment referred to in subsection (A) above shall exceed
nine (9) months.
(C) Not later than fourteen (14) days following each date in the
schedule and the final date for compliance, the user shall submit a
progress report to the director of water utilities including, as a
minimum, whether or not it complied with the increment of progress to
be met on such date and, if not, the date on which it expects to comply
with this increment of progress, the reason for delay, and the steps
being taken by the user to return the construction to the schedule
established. In no event shall more than nine (9) months elapse between
such progress reports to the director of water utilities.
(10) Each product produced by type, amount, process or processes and rate
of production;
(11) Type and amount of raw materials processed (average and maximum
per day);
(12) Number of employees, hours of operation of plant and proposed or
actual hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to
evaluate the permit application;
(14) Name and title of industrial user (IU) official;
(15) List of any other environmental permits the IU has held;
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(16) Applicable categorical standards such as: the date IU commenced
discharge to the city, date of receipt of baseline monitoring report (BMR), date
of receipt of the 90 day report for categorical industrial users (CIUs);
(17) Certification or the requirement of total toxic organics (TTO)
monitoring;
(18) Submittal of toxic organic management plan (TOMP), best
management practices (BMP's) or other management plan;
(19) Any planned changes in the production rate by the IU;
(20) Identification of sources of discharge - such as regulated, dilution flow,
unregulated, (used for the combined wastewater formula to derive pollutant
limits);
(21) Indication of the applicability of combined wastewater formula;
(22) Estimation or measurement of process and nonprocess flows;
(23) Identification of types of discharge, such as continuous or batch
discharge;
(24) Description of pretreatment facilities;
(25) Submittal of slug discharge control plan as required under 40 CFR
403.8(f)(2)(v), if needed;
(26) Description of manufacturing facilities;
(27) Description of chemical spill prevention areas; and
(28) List of hazardous waste and description of storage area of hazardous waste.
(b) The city will evaluate the data furnished by the user and may require additional
information. The city will document the evaluation for the need to develop a slug
discharge control plan within one year from being designated as an SIU. After
evaluation and acceptance of the data furnished, the city may issue a wastewater
contribution permit subject to terms and conditions provided herein.
SECTION 8. THAT Section 22.04.134 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.134 Application signatories and certification
All wastewater discharge permit applications and user reports must be signed by an
authorized representative of the user and contain the following certification
statement:
Page 22 of 42
"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."
Signatory requirements for Industrial User reports. The reports required by paragraphs
(b), (d), and (e) of 40 CFR 403.12(1) shall include the certification statement as set
forth in § 403.6(a)(2)(ii), and shall be signed as follows:
a) By a responsible corporate officer, if the Industrial User submitting the
reports required by paragraphs (b), (d), and (e) of 40 CFR 403.12 is a
corporation. For the purpose of this paragraph, a responsible corporate officer
means:
(1) A president, secretary, treasurer, or vice-president of the
corporation in charge of a principal business function, or any other
person who performs similar policy- or decision -making functions for
the corporation, or
(2) The manager of one or more manufacturing, production, or
operating 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 control mechanism
requirements; and where authority to sign documents has been assigned
or delegated to the manager in accordance with corporate procedures.
(b) By a general partner or proprietor if the Industrial User submitting the
reports required by paragraphs (b), (d), and (e) of 40 CFR 403.12 is a
partnership, or sole proprietorship respectively.
(c) By a duly authorized representative of the individual designated in
paragraph (1)(1) or (1)(2) of 40 CFR 403.12 if:
(1) The authorization is made in writing by the individual described in
paragraph (1)(1) or (1)(2) of 40 CFR 403.12;
(2) The authorization specifies either an individual or a position having
responsibility for the overall operation of the facility from which the
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No Text
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 having overall responsibility for
environmental matters for the company; and
(3) The written authorization is submitted to the Control Authority.
(d) If an authorization under paragraph (1)(3) of 40 CFR 403.12 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 requirements of
paragraph (1)(3) of 40 CFR 403.12 must be submitted to the Control Authority
prior to or together with any reports to be signed by an authorized
representative.
SECTION 9. THAT Section 22.04.135 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec.22.04.135 Modification
The director of water utilities may modify a wastewater permit for good cause, including,
but not limited to, the following reasons:
(1) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements;
(2) To address significant alterations or additions to the user's operation,
process, or wastewater volume or character since the time of wastewater
discharge permit issuance;
(3) A change in the POTW that requires either a temporary or permanent
reduction or elimination of the authorized discharge;
(4) Information indicating that the discharge poses a threat to the city's
POTW, city's personnel, or the receiving waters;
(5) Violation of any terms or conditions of the wastewater discharge permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13;
(8) To correct typographical or other errors in the wastewater discharge
permit;
Page 24 of 42
(9) To reflect a transfer of the facility ownership or operation to a new owner
or operator; or
(10) To establish specific BMPs if required.
SECTION 10. THAT Section 22.04.136 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec.22.04.136 Conditions
(a) Wastewater contribution permits shall be expressly subject to all provisions of
this article and all other applicable regulations, user charges and fees established by
the city.
(b) Permits must contain the following:
(1) A statement that indicates wastewater discharge permit duration, which
in no event shall exceed five (5) years;
(2) A statement that the wastewater discharge permit is nontransferable
without prior notification to the city, and provisions for furnishing the new
owner or operator with a copy of the existing wastewater discharge permit;
(3) Effluent limits based on applicable general Pretreatment Standards in 40
CFR 403, categorical Pretreatment Standards, local limits, and State and local
law and specific BMPs if applicable.
(4) Self -monitoring, sampling, reporting, notification, and recordkeeping
requirements of a minimum of three (3) years. These requirements shall
include an identification of pollutants to be monitored, sampling location,
sampling frequency, and sample type based on federal, state, and local law;
and
(5) A statement of applicable criminal 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.
(c) Permits may contain the following:
(1) The unit charge or schedule of user charges and fees for the wastewater
to be discharged to a community sewer;
(2) Limits on the average and maximum wastewater constituents and
characteristics;
(3) Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
Page 25 of 42
(4) Requirements for installation and maintenance of inspection and
sampling facilities;
(5) Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for tests and
reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports
per section 22.04.177;
(8) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the city, and affording the city access
thereto;
(9) Requirements for notification to the city of any new introduction of
wastewater constituent or any substantial change in the volume or character of
the wastewater constituent being introduced into the wastewater treatment
system and the right of the city to deny or condition new or increased
contributions of pollutants, or changes in the nature of pollutants, to the POTW
by industrial users where such contributions do not meet applicable
pretreatment standards and requirements or where such contributions would
cause the POTW to violate its NPDES permit;
(10) Requirements for notification of slug discharges as per section
22.04.096;
(11) Other conditions as deemed appropriate by the city to ensure
compliance with this article and state and federal laws, rules, and regulations.
SECTION 11. THAT Article 22.04, Division 5 of the Code of Ordinances of the City of Lubbock
is hereby amended to read as follows:
Division 5. Pretreatment and Disposal of Wastes
Sec. 22.04.171 Preliminary treatment facilities —When required
(a) Users shall provide necessary wastewater treatment as required to comply with
this article and shall achieve compliance with all federal categorical pretreatment
standards within the time limitations as specified by the federal pretreatment
regulations. Preliminary pretreatment facilities may be required when:
(1) The admission into the public sewers of any waters or wastes:
(A) Have a five-day biochemical oxygen demand greater than two
hundred fifty (250) mg/l;
Page 26 of 42
(B) Contain more than two hundred fifty (250) mg/l of suspended
solids;
(C) Contain any quantity of substances having the characteristics
described in division 2 of this article; or
(D) Have an average daily flow greater than two (2) percent of the
average daily sewage flow of the city.
(b) Plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an effluent acceptable
to the city under the provisions of this article. Any subsequent changes in the
pretreatment facilities or method of operation shall be reported to and be acceptable to
the city prior to the user's initiation of the changes.
(c) The city shall annually publish, as required by and in accordance with the
provisions of 40 CFR part 403.8(f)(2)(vii), EPA, in the largest daily newspaper in
Lubbock a list of industrial users which, at any time during the previous twelve (12)
months, were in significant noncompliance with applicable pretreatment requirements.
The notification shall also summarize any enforcement action taken against the
industrial users during the same twelve (12) months.
(1) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of all 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 Section 22.04.002;
(2) Technical Review Criteria (TRC) violations, defined here as those in which
thirty-three percent (33%) or more of wastewater measurements taken for each
pollutant parameter during a six (6) month period equals or exceeds the product
of the numeric Pretreatment Standard or Requirement including Instantaneous
Limits, as defined in Section 22.04.002 multiplied by the applicable criteria
(1.4 for BOD, TSS, fats oils and grease, and 1.2 for all other pollutants except
pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined
by Section 22.04.002 (Daily maximum, long term average, Instantaneous limit,
or narrative standard) that the Control Authority 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;
(4) Any discharge of a pollutant that has caused imminent endangerment to
the public or to the environment, or has resulted in the Control Authority's
exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in an individual wastewater discharge permit, a
Page 27 of 42
general permit, or enforcement order for starting construction, completing
construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any
required reports, including baseline monitoring reports, reports on compliance
with categorical Pretreatment Standard deadlines, periodic self -monitoring
reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of BMPs, which the
Control Authority determines will adversely affect the operation or
implementation of the local pretreatment program.
(d) All records relating to compliance with pretreatment standards shall be made
available to officials of the EPA, TCEQ, and control authority upon request.
Sec.22.04.172 Same —Maintenance
Where preliminary treatment facilities are provided for any water or wastes as
provided for in the preceding section, they shall be maintained continuously in
satisfactory and effective operation.
Sec. 22.04.173 Same —Hydrocarbon removal units
Regulation 1. Intent to discharge. Persons intending to discharge effluents from
hydrocarbon removal units into the sanitary sewer system shall notify the director of
water utilities thirty (30) days prior to permit application.
Regulation 2. Permits. Persons intending to use devices for the removal of
hydrocarbons shall file an application for a wastewater contribution permit with the
pro rata clerk thirty (30) days prior to discharge into the city's sanitary sewer system.
Regulation 3. Limits. Persons operating hydrocarbon removal units will be required
to send monthly sample results to the director of water utilities and the results must
meet all requirements of this article in addition to the following criteria:
(1) Benzene less than one mg/1;
(2) Toluene less than one mg/l;
(3) Xylene less than one mg/l;
(4) Ethelbenzene less than one mg/l.
Regulation 4. Separators. All hydrocarbon removal units will be required to have a
separator to help control free products from entering the sanitary sewer.
Page 28 of 42
Regulation 5. Requirements. Any discharge of petroleum -contaminated groundwater
to the public sanitary sewer system shall be required to be treated with an
airstripping or activated carbon unit or other such systems identified in the business'
approved and executed wastewater contribution permit prior to discharge into the
city's sanitary sewer system.
Sec. 22.04.174 Septic tank emptying
Regulation 1. Permit required. No septic tank, cesspool or chemical toilet, or any
similar receptacle for waste storage shall be emptied at the Southeast Water
Reclamation Plant or any other designated emptying site or its contents removed
except by a person holding an annual transport permit from the city health official, as
well as an annual disposal permit from the city's pro rata clerk.
Regulation 2. SanijM requirements. The permittee shall take all reasonable
measures to prevent the development or existence of a nuisance or of any condition
hazardous to health which can arise from his operations, and shall comply with the
following:
(1) Material taken from a septic tank, cesspool, chemical toilet, or any
similar receptacle for waste storage shall be disposed of only in a manner and
place approved by the health official. Approval shall be obtained at the time of
issuance of the TCEQ permit, and no change in the approval procedure shall
be made by the permittee without prior approval of the health official.
(2) Every vehicle and all auxiliary equipment used for the transportation or
handling of the contents of septic tanks, cesspools, chemical toilets or any
similar waste storage receptacle shall be liquid tight, gastight, and soundproof,
so that no foul material may spill or escape therefrom. Tanks on septic vehicles
shall have a minimum capacity of seven hundred fifty (750) gallons, as per city
health department regulations.
(3) No vehicle or auxiliary equipment used for carrying, transporting or
handling the contents of septic tanks, cesspools, chemical toilets or any similar
waste storage receptacle shall be allowed to stand or remain near any occupied
premises.
(4) Vehicles and equipment shall be kept in a clean condition and shall not
be opened longer than is necessary when in use.
(5) Each vehicle used under this regulation shall have the permittee's TCEQ
permit number visibly inscribed on the sides of the vehicle and the rear face in
numerals not less than two (2) inches high.
(6) Mixing of incompatible wastes within the same container is prohibited.
Transporters shall not use the same container or pumping equipment to collect
or transport incompatible waste without first emptying and cleaning the
Page 29 of 42
container and equipment of all previously handled wastes. For purposes of this
subsection, incompatible waste means wastes which have different processing,
storage, or disposal requirements. However, transporters may mix wastes with
different characteristics provided the facility to which the waste is being
transported is authorized to store, process, or dispose of such waste mixture.
Regulation 3. Waste control record. Persons who collect and/or transport waste
subject to control under this subchapter shall initiate and maintain a record of each
individual collection and deposit. Such record shall be in the form of a manifest trip
ticket or other similar documentation approved by the director of water utilities. The
transporter shall provide the person who generates the waste a copy of the waste
control record or other document showing receipt of waste and shall provide the
facility operator a copy of all control records of wastes deposited. The transporter
shall retain a copy of all records showing the collection and disposition of waste.
Such copies shall be retained for three (3) years and made available to the director of
water utilities upon request. The waste control record shall include:
(1) Owner, address, telephone number, and TCEQ registration number of
transporter;
(2) Name, address, and telephone number of the person who generates the
waste and date collected;
(3) Type and amount of waste collected or transported;
(4) Name of responsible person (driver) collecting, transporting, and
depositing the waste;
(5) Date and place where the waste was deposited;
(6) Identification (permit application or site registration number, location,
and operator) of the facility where the waste was deposited; and
(7) Name and signature of facility representative acknowledging receipt of
the waste and the amount of waste received.
Regulation 4. Location of waste dumping. Transporters shall deposit wastes at a
facility designated by or acceptable to the generator of said wastes and the city where
the operator of the facility agrees to receive the wastes.
(1) Only true septage will be accepted at the Southeast Water Reclamation
Plant. Grease trap waste and grit/sand trap wastes or any blending of grease
and grit trap waste with septage shall not be accepted.
(2) In the event of a discharge of waste during collection or transportation,
the collector or transporter must take appropriate action to protect human
health and the environment, e.g. notify local law enforcement, TCEQ, and the
city health department as to size, nature, and location of the discharge area;
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clean up any waste discharge that occurs during transportation; or take such
action as may be required or approved by federal, state, or local officials having
jurisdiction so that the waste discharge no longer presents a public health or
environmental problem. Transporters are responsible for reporting spills in
accordance with requirements of the "State of Texas Oil and Hazardous
Substance Spill Contingency Plan."
Regulation 5. Plant operation disposal hours. Transporters shall deposit wastes at the
Southeast Water Reclamation Plant or other designated site only during the hours
posted at the gate.
Regulation 6. Notification of waste dumping. Prior to dumping each tank truck,
transporter shall stop at the gate, notify the facility operator, and allow inspection
and sampling of the contents.
Regulation 7. Sampling, analysis, and charges. Samples of tank contents will be
obtained and analyzed. Analysis will be performed and any results outside the
acceptable analysis limits will be rejected and the TCEQ will be notified of the
results. Tank truck companies will be surcharged for BOD and TSS.
Regulation 8. Load fees. Each truck load of seven hundred fifty (750) gallons or less
will be assessed a minimum dump fee of thirty-seven dollars ($37.00). Tank truck
loads in excess of seven hundred fifty (750) gallons will be assessed a fee of thirty-
five dollars ($37.00) plus Twenty cents ($0.20) per one hundred (100) gallons over
the seven hundred fifty (750) gallon minimum.
Regulation 9. Disposal permit fees. Annual disposal permits are obtainable from the
SEWRP located at 3603 Guava Ave, 806-775-3221, at a cost of sixty dollars
($60.00) per vehicle.
Regulation 10. Disposal permit renewal. Existing permits shall be renewed October 1
of each year beginning October 1, 1991. In the event a septic waste transporter
applies for a new permit after October 1, the permit fee of fifty dollars ($50.00) will
be prorated in order to include only the months of waste disposal. The permittee shall
renew all permits on October 1 of each year thereafter.
Regulation 11. Transport permit fees. The following transport permits are obtainable
from the city Environmental Health Department, 1314 Avenue K, 806-797-2951 at a
cost of:
(1) On -site sewage disposal system: $61.00.
(2) Commercial septic tank emptying: $61.00.
(3) Veterans Administration loan inspection: $21.00.
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Sec. 22.04.175 Compliance date report
Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, required BMPs, or in the case of a new source
following commencement of the introduction of wastewater into the POTW, any
user subject to such pretreatment standards and requirements shall submit to the
director of water utilities a report containing the following information:
(1) Flow measurement. 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
wastestream formula set out in 40 CFR 403.6(e).
(2) Measurement of pollutants.
(A) The categorical pretreatment standards applicable to each
regulated process.
(B) The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by the
director of water utilities, of regulated pollutants in the discharge from
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 40 CFR part 136.
(C) Sampling must be performed in accordance with procedures set
out in section 22.04.215.
(3) Certification. A statement, reviewed by the user's authorized
representative and certified by a 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 pretreatment standards and requirements.
Sec. 22.04.176 Periodic compliance reports
(a) Any user subject to a pretreatment standard and/or BMPs or pollution prevention
alternatives, after the compliance date of such pretreatment standard, or, in the case of
a new source, after commencement of the discharge into the POTW, shall submit to
the director of water utilities during the months of June and December, unless required
more frequently in the pretreatment standard or by the director of water utilities, a
report indicating the nature and concentration of pollutants in the effluent which are
limited by such pretreatment standards. In addition, this report shall include a record
of all daily flows which during the reporting period exceeded the average daily flow.
At the discretion of the director and in consideration of such factors as local high or
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low flow rates, holidays, budget cycles, etc., the director may agree to alter the months
during which the above reports are to be submitted.
(b) The director may impose mass limitations on users which are using dilution to
meet applicable pretreatment standards or requirements, or in other cases where the
imposition of mass limitations are appropriate. In such cases, the report required by
subsection (a) of this section shall indicate the mass of pollutants regulated by
pretreatment standards in the effluent of the user. These reports shall contain the results
of sampling and the nature and concentration, or production and mass where requested
by the director, of pollutants contained therein which are limited by the applicable
pretreatment standards. The frequency of monitoring shall be prescribed in the
applicable pretreatment standard. All analysis shall be performed in accordance with
procedures established by the director of water utilities pursuant to section 304(g) of
the act and contained in 40 CFR, part 136 and amendments thereto or with any other
test procedures approved by the director of water utilities. Sampling shall be
performed in accordance with the techniques approved by the director of water
utilities. Where 40 CFR, part 136 does not include a sampling or analytical technique
for the pollutant in question, sampling and analysis shall be performed in accordance
with the procedures set forth in the EPA publication, Sampling and Analysis
Procedures for Screening of Industrial Effluents for Priority Pollutants, April 1977,
and amendments thereto, or with any other sampling and analytical procedures
approved by the director of water utilities.
Sec. 22.04.177 Baseline monitoring reports
Within either one hundred eighty (180) days after the effective date of a categorical
pretreatment standard, or the final administrative decision on a category
determination under 40 CFR 403.6(a)(4), whichever is later, existing categorical
users currently discharging to or scheduled to discharge to the POTW shall submit to
the director of water utilities a report which contains the information listed in 40
CFR 403.12(b). At least ninety (90) days prior to commencement of their discharge,
new sources, and sources that become categorical users subsequent to the
promulgation of an applicable categorical standard, shall submit to the director of
water utilities a report which contains the information listed in 40 CFR 403.12(b). A
new source shall report the method of pretreatment it intends to use to meet
applicable categorical standards. A new source also shall give estimates of its
anticipated flow and quantity of pollutants to be discharged. The city may prescribe,
and the categorical user shall comply with, compliance schedules required under 40
CFR 403.12(b)(7) and (c), and progress reports required under 40 CFR 403.12(c), as
each of same may be amended.
Sec. 22.04.178 Reports from non -categorical SIUs and/or unpermitted users
All users not required to obtain a wastewater discharge permit shall provide
appropriate reports to the director of water utilities as the director of water utilities
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may require. The reports required must be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the
report, which data are representative of conditions occurring during the reporting
period.
Sec.22.04.179 Bypass
(a) A user shall not bypass its treatment equipment or facility.
(b) It is an exception that the bypass was approved ahead of time by the authority
after receipt of the user's written request and plan for such bypass.
(c) The user shall submit oral notice to the authority of an unapproved bypass
within twenty-four (24) hours of the time the discharger becomes aware of the
bypass. Written notice shall be provided within five (5) days of the time the
discharger becomes aware of the bypass. The written notice shall include a
description of the bypass and its causes, duration of the bypass, steps taken to
prevent the recurrence of the bypass, and must be signed by the authorized
representative of the user.
Secs.22.04.180-22.04.210 Reserved
SECTION 12. THAT Section 22.04.212 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.212 Monitoring facilities; permitted and non -permitted industrial
users
(a) The city shall require to be provided and operated at the user's own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the
building sewer and/or internal drainage systems, by either: (1) sampling manhole,
applicable to users issued a wastewater contribution permit under division 4 of this
article; or (2) sample port for non -permitted industrial users. The monitoring facility
shall be situated on the user's premises.
(b) There shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. Monitoring facilities must
not be located in drive areas. The facility, sampling, and measuring equipment shall
be kept clean, maintained at all times in a safe and proper operating condition at the
expense of the user. All wastewater must be representative of the User's discharge.
The failure of a User to keep its monitoring facility in good working order shall not be
grounds for the User to claim that sample results are unrepresentative of its discharge.
(c) Sampling and monitoring facilities shall be provided in accordance with the
city's requirements and all applicable local construction standards and specifications.
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Construction shall be completed within ninety (90) days following official notice by
the city.
SECTION 13. THAT Section 22.04.213 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.213 Inspection and sampling
The city shall inspect the facilities of any user to ascertain whether the purpose of
this article is being complied with and requirements are met. Minimally, the city
shall inspect on an annual basis the premises of each significant industrial user and
shall take at least one sample from each significant industrial user each year. Persons
or occupants of premises where wastewater is created or discharged shall allow the
city or their representative ready access at all reasonable times to all parts of the
premises for the purposes of inspection, sampling, records examination or in the
performance of any of their duties. Hours of operation of the plant and times during
which the plant is making discharge to the POTW's collection system shall be
deemed reasonable hours for entry of city inspectors for the purposes of this section.
The city, TCEQ , other state agencies and EPA shall have the right to set upon the
user's property such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a user has security
measures in force which would require proper identification and clearance before
entry into their premises, the user shall make necessary arrangements with their
security guards so that, upon presentation of suitable identification, personnel from
the city, TCEQ, other state agencies and EPA will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities. Any temporary
or permanent obstruction to safe and easy access to the facility to be inspected and/or
sampled shall be promptly removed by the User at the written or verbal request of
the Control Authority and shall not be replaced. The costs of clearing such access
shall be borne by the User.
SECTION 14. THAT Section 22.04.214 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec.22.04.214 Recordkeeping
Users subject to the reporting requirements of this article shall retain, and make available
for inspection and copying, all records of information obtained pursuant to any monitoring
activities required by this article and any additional records of information obtained
pursuant to monitoring activities undertaken by the user independent of such requirements.
Records shall include the date, exact place, method, and time of sampling, and the name
of the person(s) taking the samples; the dates 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. The city shall
maintain documentation of IU's compliance with monitoring activities and results, any
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BMP requirements, and records of activities associated with slug control evaluation and
results of such activities, for a minimum of three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the user or the city,
or where the user has been specifically notified of a longer retention period by the director
of water utilities.
SECTION 15. THAT Section 22.04.215 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.215 Sample collection
(a) Except as indicated in subsection (b) and (c), below, the User must collect
wastewater samples using 24-hour flow -proportional composite collection techniques,
unless time- proportional composite sampling or grab sampling is authorized by the
Control Authority. Where time proportional composite sampling or grab sampling is
authorized by the Control Authority, the samples must be representative of the
discharge. Using protocols (including appropriate preservation) specified in 40 CFR
Part 136 and appropriate EPA guidance, multiple grab samples collected during a 24-
hour period may be composited prior to analysis as follows: for cyanide, total phenols,
and sulfides the samples may be composited in the laboratory or in the field; for
volatile organics and oil and grease, the samples may be composited in the laboratory.
Composite samples for other parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by the Control
Authority, as appropriate. In addition, grab samples may be required to show
compliance with Instantaneous Limits. [40 CFR 403.12(g)(3)]
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds must be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90-day compliance
reports required in [40 CFR 403.12(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 are available, the Control Authority may authorize
a lower minimum. For the reports required by paragraphs in (40 CFR 403.12(e) and
403.12(h)), the Industrial User is required to collect the number of grab samples
necessary to assess and assure compliance with applicable Pretreatment Standards and
requirements. [40 CFR 403.12(g)(4)]
(d) The decision to allow the alternative sampling (or site specific circumstances)
must be documented in the IU file for that facility or facilities.
(e) Samples should be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no pretreatment
exists. Samples must be taken during the 24 hour period that discharge wastewater is
flowing through the regulated process and/or pretreatment unit.
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(f) During parts of the day when there is no discharge of process wastewater, standing
water should not be disproportionately sampled and analyzed as it would not be
representative of the Discharge from the facility.
(g) Sampling protocols should take into consideration all of the operation conditions
and the physical configuration of the Industrial User facility and produce
representative results.
(h) Where there has been a change to existing facilities, for example, the addition of
treatment, historic data that does not represent the current Discharge would not be able
to be used to justify a lower minimum of grab samples.
(i) For sampling required on continued compliance and non -categorical SIU reports,
the Control Authority shall require the number of grab samples necessary to assess
and assure compliance by Industrial Users with Applicable Pretreatment Standards
and Requirements.
0) Sampling requirements apply to BMR's, 90-day reports, continued compliance and
non -categorical SIU reports.
(k) The Control Authority will be responsible for documenting site -specific
circumstances and allowing alternate sampling in the Industrial User permits.
(1) Sampling and analysis techniques must yield analytical data that is representative
of the Discharge. The Control Authority will still need to document how alternate
sampling techniques are representative of the Discharge, and may require that more
than four grab samples be taken and separately analyzed to ensure that sampling is
representative. Where the Control Authority cannot verify that previous techniques
were representative, such data will not support the use of this alternative practice.
(m) The Control Authority will perform any required repeat sampling within 30 days
of becoming aware of a violation, in cases where the Control Authority samples in lieu
of the SIU.
(n) The reports required herein must be based upon data obtained through appropriate
sampling and analysis performed during the period covered by the report, which data
are representative of conditions occurring during the reporting period. The Control
Authority shall require that frequency of monitoring necessary to assess and assure
compliance by Industrial Users with applicable Pretreatment Standards and
Requirements. Grab samples must be used for pH, cyanide, total phenols, oil and
grease, sulfide, and volatile organic compounds. For all other pollutants, 24-hour
composite samples must be obtained through flow -proportional composite sampling
techniques, unless time -proportional composite sampling or grab sampling is
authorized by the Control Authority. Where time -proportional composite sampling or
grab sampling is authorized by the Control Authority, the samples must be
representative of the Discharge and the decision to allow the alternative sampling must
be documented in the Industrial User file for that facility or facilities. Using protocols
(including appropriate preservation) specified in 40 CFR part 136 and appropriate
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EPA guidance, multiple grab samples collected during a 24-hour period may be
composited prior to the analysis as follows: For cyanide, total phenols, and sulfides
the samples may be composited in the laboratory or in the field; for volatile organics
and oil & grease the samples may be composited in the laboratory. Composite samples
for other parameters unaffected by the compositing procedures as documented in
approved EPA methodologies may be authorized by the Control Authority, as
appropriate.
SECTION 16. THAT Section 22.04.218 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.218 Charges and fees
(a) The city may adopt charges and fees in accordance with section 1.03.004 of the
Code of Ordinances of the city, which may include:
(1) Industry specific fees for reimbursement of costs incurred by the city
related to setting up and operating the city's pretreatment program, including
without limitation the following activities:
(A) Monitoring, inspections and surveillance procedures, at the
following rates:
(i) Personnel: $25.00/hour.
(ii) Vehicle use: $20.00/hour.
(iii) Sampling equipment use: $10.00/day.
(iv) Analysis:
A. BOD, TSS, FOG, TPH, and pH: $40.00.
B. Metals: $50.00/analyte.
C. Semi-volatiles: $300.00.
D. Volatiles: $150.00.
(v) Reinspection: $25.00/hour.
(B) Reviewing accidental discharge procedures and construction;
(C) Permit applications;
(D) Filing appeals;
(E) Consistent removal (by the city) of pollutants otherwise subject
to federal pretreatment standards;
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(2) Other fees as the city may deem necessary to carry out the requirements
contained herein.
(b) These fees relate solely to the matters covered by this article and are separate
from all other fees chargeable by the city.
SECTION 17. THAT Section 22.04.221 of the Code of Ordinances of the City of Lubbock is
hereby amended to read as follows:
Sec. 22.04.221 Legal action
(a) If any person discharges sewage, industrial wastes or other wastes into the
city's wastewater disposal system contrary to the provisions of this article, federal or
state pretreatment requirements, or any order of the city, the city attorney may
commence an action for appropriate legal and/or equitable relief in an appropriate
court of this county. In addition to the penalties provided herein, the city may
recover reasonable attorneys' fees, court costs, court reporters' fees and other
expenses of litigation by appropriate suit at law against the person found to have
violated this article or the orders, rules, regulations, and permits issue hereunder.
(b) In accordance with 40 CFR 403.8, the City has the authority to:
(1) Obtain remedies for noncompliance by any Industrial User with any
Pretreatment Standard and Requirement. The City shall be able to seek
injunctive relief for noncompliance by Industrial Users with Pretreatment
Standards and Requirements. The City shall also have authority to seek or
assess civil or criminal penalties in at least the amount of $1,000 a day for
each violation by Industrial Users of Pretreatment Standards and
Requirements.
(2) The City shall have authority to seek judicial relief and may also use
administrative penalty authority when the City has sought a monetary penalty
which it believes to be insufficient.
SECTION 18. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by
adding a division, to be numbered Article 22.04, Division 7, which said section reads as follows:
Division 7. Fats, oils, and grease.
Sec.22.04.254 Definitions
FOG. Fats, oils, and grease. Organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These
substances are detectable and measurable using analytical test procedures established
in 40 CFR, Part 136, as may be amended from time to time.
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Grease. Any material recovered as a substance soluble in trichlorotrifluoroethane
including biological and mineral hydrocarbons, such as, but not limited to, thick oils,
viscous lubricants, etc. "Grease" or "greases" does not include "fats, oils and
greases," as defined in this section.
Grease trap or interceptor. A device designed to use differences in specific gravities
to separate and retain light density liquids, waterborne fats, oils and greases prior to
the wastewater entering the POTW. These devices also serve to collect settleable
solids, generated by and from food preparation activities, prior to the water exiting
the trap and entering the POTW. Grease traps and interceptors may also be referred
to in this article as "grease/interceptors."
Grit/sand trap or oil water separator. A device used in commercial or industrial
applications designed to use differences in specific gravities to separate and retain
light density liquids, waterborne hydrocarbon oils, greases, and settable solids prior
to the wastewater entering the sanitary sewer collection system.
Lint trap. Wire basket or similar device, removable for cleaning, used in laundry
facilities, that prevents the discharge of solids 0.25 inch (6.35 mm) or larger, into the
POTW.
Oil water separator. See grit/sand trap, oil water separator.
Oil water separator waste. Hydrocarbon laden material collected in and from an oil
water separator, or combination grit/sand trap or oil water separator in the sanitary
sewer service line of a commercial or industrial user.
Sec. 22.04.255 Discharge prohibitions
The following are specific prohibitions which a user must not contribute to any
POTW: A user may not contribute the following substances to any POTW:
Any water or waste which may contain more than two hundred fifty (250)
mg/1 by weight of fat, oil or grease.
Sec. 22.04.256 Same —Grease traps/interceptors, grit/sand traps, oil water
separators and lint traps and monitoring facilities
(a) Grease traps/interceptors, grit/sand traps, oil water separators and lint traps shall
be provided when, in the opinion of the director of water utilities, they are necessary
for the proper handling of liquid wastes containing grease in excessive amounts, or
any flammable wastes, sand or other harmful ingredients; except, that such
interceptors shall not be required for private single-family living quarters or dwelling
units. All interceptors shall be located so as to be readily and easily accessible for
cleaning and inspection.
(b) All grease traps/interceptors, grit/sand traps, oil water separators and lint traps
(collectively or individually, "trap") and monitoring facilities shall comply with the
city document, "Subject: Grease Interceptor Regulations," attached hereto as
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Appendix I and incorporated herein for all purposes, and shall be installed in
accordance therewith. All users shall comply with the discharge limitations specified
in this article.
(c) Any person responsible for discharges requiring a trap shall at his own expense
and as required by the director of water utilities:
(1) Maintain the trap in effective operating condition by removing the oil
and grease and solids buildup in the trap, subject to the exception set forth
below, at a minimum of once every ninety (90) days to ensure compliance with
this article. If a user can, at his/her own expense, produce scientific evidence
consisting of FOG test results analyzed in accordance with Code of Federal
Regulations, 40 CFR 136.3, as same may be amended from time to time, that
establishes that a ninety (90) day pumping schedule is not necessary to
otherwise comply with this article, the director of water utilities may prescribe
an alternate maintenance interval for such user. Evaluation of the disputed trap
maintenance schedule shall be performed on a case -by -case basis requiring
scientific evidence for each individual factual situation.
(2) Receive a copy of the manifest from the person who transports the liquid
waste and trap material and shall be responsible for maintaining manifests at
the business address of the trap for a period of not less than three (3) years.
Transporters of waste and trap material shall provide to the director of water
utilities a copy of all liquid waste and trap material transport trip manifests.
These copies shall be due to the director of water utilities on or before the tenth
(1 Oth) day of each month following the transportation event.
Sec. 22.04.257 Charges and fees
The city may adopt charges and fees in accordance with section 1.03.004 of the Code
of Ordinances of the city, which may include:
Industry specific fees for reimbursement of costs incurred by the city related
to setting up and operating the city's pretreatment program, including without
limitation the analysis of FOG: $40.00.
SECTION 19. THAT violation of any provision of this ordinance shall be deemed a misdemeanor
punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of Lubbock,
Texas.
SECTION 20. THAT should any section, paragraph, sentence, phrase, clause or word of this
Drdinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
Shall not be affected thereby.
SECTION 21. THAT the City Secretary of the City of Lubbock is hereby authorized and directed
ro cause publication of the descriptive caption of this Ordinance as an alternative method provided
by law.
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AND IT IS SO ORDERED.
by the City Council on first reading this October 27 , 2020.
by the City Council on second reading this November 2 , 2020.
DANIEL M. POPE, MAYOR
TTEST:
City
AS TO CONTENT:
brey A. Spy, P.E., Directof of Water Utilities
VED AS TO FORM:
City
Ccdocs: Ord.FOG Wastewater 2020
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