28 - Article III Chapter 34 Wastewater Discharge and Disposal Revisions

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Significant industrial user. Any industrial user of the city POTW who meets any of the following: (1) Is subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N. (2) Discharges a flow of twenty-five thousand (25,000) gallons or more per day of process wastewater to the city POTW. (3) Discharges a process wastestream of five (5) percent or more of the of the average dry weather hydraulic or organic capacity in the city's wastewater treatment facility. (4) Is found by the city, TCEQ, or the EPA to have significant impact, or the potential for, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge, the system effluent quality or air emissions generated by the system. (5) Upon finding that an industrial user meeting the criteria in subsections (2) through (4), 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 from the industrial user, and in accordance with 40 CFR 403.8(f)(6), determine that such industrial user is not a significant industrial user. Significant noncompliance. An industrial user is in significant noncompliance with pretreatment standards as defined in 40 CFR 403.8(f)(2)(vii)(A-H) if found in violation of one (1) or more of the following: (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty- six (66) percent or more of all measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or average limit multiplied by the applicable TRC (TRC = one and four -tenths (1.4) for fats, oil and grease, and one and two-tenths (1.2) for all other pollutants except pH) NOTE: BOD and TSS controlled by surcharge and TRC is not applicable; (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average, instantaneous limit or narrative standard) that the city 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 the environment, or has resulted in the city's exercise of its emergency authority to halt or prevent such discharge; Page 12 of 45