HomeMy WebLinkAboutOrdinance 27303-11-2024a -
ORDINANCE NO.27303-11-2024_
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO. 2024-10-269 ADOPTED BY
THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD ON
OCTOBER 3, 2024 FOR PURPOSE OF AMENDING CHAPTER 6,
WASTEWATER PRETREATMENT AND DISCHARGE RULES AND
REGULATIONS, OF THE CODE OF RULES AND REGULATIONS OF
THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD.
WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the
City of Dallas, Texas and the City of Fort Worth, Texas, provides that the Dallas Fort Worth
International Airport Board shall have the power, by a duly adopted order, to adopt and enforce
rules and regulations for the orderly, safe, efficient, and sanitary operation of the airport and to
prescribe reasonable penalties for the breach of any rule or regulation not to exceed the
maximum fines authorized by state law; and
WHEREAS, state law currently authorizes fines of up to $500 for all violations of the
airport's rules and regulations, except for those violations relating to fire safety, public health and
sanitation, or the dumping of refuse, for which the maximum fine is $2,000, and except when
another fine is fixed by state law; and
WHEREAS, Section 22.082 of the Texas Transportation Code, as amended, and Section
8.F. of the 1968 Contract and Agreement, as amended, provide that such rules, regulations or
orders by the Dallas Fort Worth International Airport Board will become effective only upon
approval of the governing bodies of the Cities of Dallas and Fort Worth and proper publication;
and
WHEREAS, pursuant to the foregoing, the Dallas Fort Worth International Airport
Board adopted the Code of Rules and Regulations, which regulates traffic, travel, and conduct
within the Dallas -Fort Worth International Airport ("Airport") and establishes certain procedures
for the adoption of additional rules, regulations and orders; and
WHEREAS, on October 3, 2024, the Dallas -Fort Worth International Airport Board
passed, approved, and ordered Resolution No. 2024-10-269 which would amend Chapter 6,
Wastewater Pretreatment and Discharge Rules and Regulations, of the Code of Rules and
Regulations of The Dallas Fort Worth International Airport Board; and
WHEREAS, in accordance with Section 1-8 of Chapter 1 of the Code of Rules and
Regulations of the Dallas -Fort Worth International Airport Board, as amended, the Dallas -Fort
Worth International Airport Board has requested that the City Councils of the Cities of Dallas
and Fort Worth approve Resolution No. 2024-10-269 in order that it may become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH TEXAS:
SECTION 1.
That all of the declarations and findings contained in the preambles of this ordinance are
made a part hereof and shall be fully effective as a part of the ordained subject matter of this
ordinance.
SECTION 2.
That Resolution No. 2024-10-269 of the Dallas Fort Worth International Airport Board, a
duly certified copy of which is attached hereto as Exhibit "A" and made a part of this ordinance
by reference, is hereby approved.
SECTION 3.
That after publication of a substantive statement relating to the contents of Resolution
No. 2024-10-269 of the Dallas Fort Worth International Airport Board in a newspaper of general
circulation in each of the counties of Dallas and Tarrant stating that a breach of any provision of
Resolution No. 2024-10-269 will subject the violator to a penalty and after the full text of
Resolution No. 2024-10-269 and any attachments are on file in the principal office of the Dallas
Fort Worth International Airport Board to be read by any interested party, Resolution No. 2024-
10-269 shall thereafter have the same force and effect within the boundaries of the Dallas -Fort
Worth International Airport as an ordinance by the City Council of the City of Fort Worth would
have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which
penalties prescribed by other ordinances of the City of Fort Worth are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses, and phrases of this ordinance and
Resolution No. 2024-10-269 are severable, and if any phrase, clause, sentence, paragraph, or
section shall be declared unconstitutional or invalid by the valid judgment or decree of any court
of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the
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remaining phrases, clauses, sentences, paragraphs, and sections of these ordinances or Resolution
No. 2024-10-269, because the same would have been enacted without the incorporation of any
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
That this ordinance will take effect immediately from and after its passage and
publication in accordance with the provisions of the Charter of the City of Fort Worth, and it is
accordingly so ordained.
ATTEST:
By:
Jannette S. Goodall, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Y
Matthew A. Murray, Assistant City Attorney
Adopted and Effective: November 19, 2024
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October 31, 2024
STATE OF TEXAS
COUNTY OF DALLAS §
COUNTY OF TARRANT§
I, James W. Baker III, Board Staff Secretary of the Dallas -Fort Worth International Airport
Board, do hereby certify that the attached is a true and correct copy of Resolution No.
2024-10-269, approved by the Dallas -Fort Worth International Airport Board of Directors
at its Board Meeting held on October 3, 2024.
WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD, this 31th day of October 2024.
James W. Baker III
Board Staff Secretary
Date: October 3, 2024
Dallas Fort Worth International Airport Board
Official Board Action / Resolution
Finance, Audit, and IT Resolution No.: 2024-1 0-269
Committee
Subject: Wastewater Pretreatment Program
Department: Legal
Amount: Revised Amount:
BE IT RESOLVED BY THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD
That the Airport Board (i) approve the attached resolution for the implementation of a continuing
wastewater pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater
System, and (ii) approve, and request the Cities of Dallas and Fort Worth to approve, the attached
amendment to Chapter 6 of the DFW International Airport's Code of Rules and Regulations for the
implementation and enforcement of such wastewater pretreatment program.
BACKGROUND:
• The Airport's contract with the Trinity River Authority of Texas (TRA) allows the Board to discharge wastewater into
TRA's Central Regional Wastewater System (CRWS) and requires the Board to enact an ordinance/regulations to
implement and enforce applicable pretreatment requirements.
• In connection with TRA's most recent CRWS Texas Pollutant Discharge Elimination System (TPDES) permit
application with the Texas Commission on Environmental Quality, substantial modifications to the pretreatment
program were required to support compliance with 40CFR403 and 30TAC315, including updated local limits to
control pollutants entering the sanitary sewer.
• This action will approve the attached amendment to Chapter 6 Wastewater, Pretreatment and Discharge Rules and
Regulations of the Airport's Code of Rules and Regulations to implement the program modifications and comply with
the TPDES permit.
• This action would endorse the continuation of the pretreatment program for the CRWS as required by 40 CFR Part
402, with such program to continue as long as 40 CFR Part 403 remains in effect.
• This action also includes a statement reflecting the endorsement by the Airport Board of the implementation of a
pretreatment program from the CRWS, to which the Board discharges wastewater under its contract with the TRA.
DISIMIWBE INFORMATION:
• Not Applicable
ADDITIONAL. INFORMATION:
Fund Project Number External Funding Source
Attachments: DFWAirport DRAFT FUNDING_ RESOLUTION (1), 2024-02-01 DFW Airport Chapter 6 Rules
Regulations (Final For Board) (1), Redlined Chapter 6
Approvals
Elaine Rodriguez, General Counsel - Legal
Approved - 9/18/2024
Tamela Burks Lee, Vice President - Business Diversity and Development
Approved - 9/18/2024
Abel Palacios, Vice President - Finance
Approved - 9/19/2024
Elaine Rodriguez, General Counsel - Legal
Approved - 9/19/2024
Sean Donohue, Chief Executive Officer
Final Approval - 10/3/2024
Resolution No.: 2024-10-269
Official Board Action - Action
Wastewater Pretreatment Program
RESOLUTION NO.2024- -
A RESOLUTION OF THE DALLAS FORT WORTH INTERNATIONAL AIRPORT
BOARD (`BOARD"), ENDORSING THE IMPLEMENTATION OF A CONTINUING
PRETREATMENT PROGRAM AS REQUIRED BY 40 CFR 403 FOR THE CENTRAL
REGIONAL WASTEWATER SYSTEM.
WHEREAS, on June 26, 1978, the United States Environmental Protection Agency
published a rule (Amended January 28, 1981) which established mechanisms and procedures for
enforcing National Pretreatment Standards controlling the introduction of wastes from non -
domestic sources into Publicly Owned Treatment Works (POTWs); and
WHEREAS, this rule, 40 CFR 403, requires that a Pretreatment Program be developed
for the Regional Wastewater System, and
WHEREAS, the Trinity River Authority of Texas, as the owner and operator of a
POTW, must comply with rule 40 CFR 403; and
WHEREAS, the Board, as a contracting party of the Central Regional Wastewater
System, has entered into an Amendatory Wastewater Contract with the Trinity River Authority
of Texas whereby the Board has enacted rules and regulations that are necessary to implement
and enforce the National Pretreatment Standards; and
WHEREAS, 40 CFR 403.9 (b) requires a statement or resolution reflecting the
endorsement or approval of the local boards or councils responsible for supervising and/or
funding the POTW;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD:
That the Dallas Fort Worth International Airport Board, hereby endorses the implementation of a
pretreatment program as required by 40 CFR 403 for the Regional Wastewater System with such
program to continue as long as 40 CFR 403 remains in effect.
ADOPTED BY THE DALLAS FORT WORTH INTERNATIONAL AIRPORT
BOARD ON THIS THE DAY OF
Chapter 6
Wastewater Pretreatment and Discharge Rules and Regulations
ARTICLE I.
GENERAL PROVISIONS.
Sec. 6-1. Purpose and Policy.
Sec. 6-2. Authority for Implementation and Enforcement.
Sec.6-3. Abbreviations.
Sec.6-4. Definitions.
Sec. 6-5. Incorporation of Federal and State Statutes, Rules, and
Regulations.
ARTICLE IL
DISCHARGE PROHIBITIONS AND LIMITS.
Sec. 6-6. Prohibited Discharges.
Sec. 6-7. National Categorical Pretreatment Standards.
Sec. 6-8. Local Limits.
Sec. 6-9. Right to Establish Regulations or More Stringent Requirements.
Sec. 6-10. Applicability of More Stringent Regulations or Discharge Limits.
Sec. 6-11. Variances in Compliance Dates.
Sec. 6-12. Dilution Prohibited.
Sec. 6-13. BOD or TSS Loading.
ARTICLE III.
PRETREATMENT OF WASTEWATER.
Sec. 6-14. Pretreatment Facilities.
Sec. 645. Additional Pretreatment Measures.
Sec. 6-16. Accidental Discharge/Slug Control Plans.
Sec. 6-17. Hauled Septage or Industrial Waste.
Effective Date
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ARTICLE IV.
PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS.
Sec. °6-18. Wastewater Analysis.
Sec. 6-19. Wastewater Discharge Permit Required.
Sec. 6-20. Permits for Existing Sources.
Sec. 6-21. Permits for New Sources.
Sec. 6-22. Permit Application Process.
Sec. 6-23. Signatories and Certification Requirements.
ARTICLE V.
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
Sec. 6-24. Wastewater Discharge Permit Decisions.
Sec. 6-25. Wastewater Discharge Permit Duration.
Sec. 6-26. Wastewater Discharge Permit Contents.
Sec. 6-27. Wastewater Discharge Permit Modification.
Sec. 6-28. Wastewater Discharge Permit Transfer.
Sec. 6-29. Grounds for Permit Suspension or Revocation.
Sec 6-30. Wastewater Discharge Permit Re -Issuance
Sec. 6-31. Extra Jurisdictional Users or Waste Received From Other
Jurisdictions.
ARTICLE VI.
REPORTING REQUIREMENTS.
Sec. 6-32. Baseline Monitoring Reports. ,
Sec. 6-33. Compliance Schedule and Progress Reports.
Sec. 6-34. Reports on Compliance with Categorical Pretreatment Standard
Deadline.
Sec. 6-35. Periodic Compliance Reports.
Sec. 6-36.
Reports of Changed Conditions.
Sec. 6-37.
Reports of Accidental Discharges or Potential Problems.
Sec. 6-38.
Reports from Non -Permitted Users.
Sec. 6-39.
Notifications of Violation Based on Self -Monitoring.
Sec. 6-40.
Notification of The Discharge of Hazardous Waste.
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Sec. 6-41. Analytical Requirements.
Sec. 6-42. Sample Collection.
Sec. 6-43. Date Reports Deemed Received.
Sec. 6-44. Record -Keeping Requirements.
ARTICLE VII.
COMPLIANCE MONITORING.
Sec. 6-45. Right of Entry: Inspection and Sampling.
Sec. 6-46. Search Warrants.
ARTICLE Vill.
CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION.
Sec. 6-47. Information Available to Public.
Sec. 6-48. Claim of Confidentiality.
Sec. 6-49. Availability for Governmental and Judicial Use.
Sec. 6-50. Effluent Data Not Confidential.
ARTICLE IX.
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
Sec. 6-51. Publication of Users in Significant Noncompliance.
. ARTICLE X.
ADMINISTRATIVE ENFORCEMENT REMEDIES.
Sec. 6-52. Notice of Violation.
Sec. 6-53. Consent Order.
Sec. 6-54. Show Cause Hearing.
Sec. 6-55. Compliance Order.
Sec. 6-56. Cease and Desist Order.
Sec. 6-57. Stop Work Order.
Sec. 6-58. Emergency Suspension of Water Utility Service and/or Access to
Wastewater System.
Sec. 6-59. Non -Emergency Termination of Water Utility Service and/or Access to
Wastewater System.
Sec. 6-60. Administrative Fines.
ARTICLE XI.
JUDICIAL ENFORCEMENT REMEDIES.
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Sec. 6-61.
Injunctive Relief.
Sec. 6-62.
Civil Penalties.
Sec. 6-63.
Criminal Prosecution.
ARTICLE XII.
SUPPLEMENTAL ENFORCEMENT ACTION.
Sec. 6-64.
Performance Bonds.
Sec. 6-65.
Liability Insurance.
Sec. 6-66.
Applicability of More Stringent Regulation
ARTICLE X111.
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
Sec. 6-67.
Act of God.
Sec. 6-68.
Prohibited Discharge Standards.
See.6-69.
Bypass.
ARTICLE XIV.
FEES AND CHARGES.
Sec. 6-70. Fees and Charges.
Sec. 6-71. industrial Surcharge.
ARTICLE XV.
MISCELLANEOUS PROVISIONS.
Sec.6-72. Appeals.
Sec. 6-73. Effective date.
ARTICLE I.
GENERAL PROVISIONS.
SEC. 6-1. PURPOSE AND POLICY.
(a) These Rules and Regulations set forth uniform requirements for users of the Airport
Wastewater System and the Publicly Owned Treatment Works ("POTW') serving
the Dallas -Fort Worth International Airport and enable the Board and the POTW to
comply with applicable federal and state laws, including the Federal Water
` Pollution Control Act, as amended by the Clean Water Act, as amended (33 United
States Code § 1251 et seq.), and the General Pretreatment Regulations of 40 Code
of Federal Regulations Part 403.
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(b) The objectives of these Rules and Regulations are:
(1) To prevent the introduction of pollutants into the POTW that will interfere
with its operation;
(2) To prevent the introduction of pollutants into the POTW that will pass
through the POTW, inadequately treated, into receiving waters, `or
otherwise be incompatible with the POTW;
(3) To protect POTW and Board personnel in the course of their employment
and to protect the general public;
(4) To provide for fees for the equitable distribution of the costs of operation,
maintenance, and improvements of the sanitary sewer collection system;
and, administering these Rules and Regulations and any related
pretreatment program; and
(5) To enable the Board to meet its contractual obligations under the
Wastewater Service Contract with the Trinity River Authority ("TRA") by
assisting TRA in complying with IRA's National Pollutant Discharge
Elimination System permit conditions, sludge use 'and disposal
requirements and any other federal or state laws to which the POTW is
subject.
(6) To promote reuse and recycling for industrial wastewater and sludge from
the POTW.
(c) These Rules and Regulations authorize the issuance of wastewater discharge
permits; provide for monitoring, compliance, and enforcement activities; establish
administrative review procedures; require user reporting; and provide for the
setting of fees for the equitable distribution of costs resulting from the program
established herein. These Rules and Regulations shall apply within the boundaries
of the Airport.
SEC. 6-2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT.
(a) The Executive Director and the Executive Director's authorized representatives
shall have the authority to administer, implement, and enforce the provisions of
these Rules and Regulations. The Vice President of the Board's Department of
Environmental Affairs, or the Vice President or head of any other or successor
Board department charged with primary responsibility for environmental
management and enforcement at the Airport or any Vice President or department
head so appointed by the Executive Director, or the authorized representative(s)
of said department head(s), shall also have the authority to administer, implement,
and enforce the provisions of this Chapter. The Executive Director and the Vice
President of the Board's Department of Environmental Affairs are authorized to
make inspections pursuant to this Chapter and to take enforcement action against
non -compliant persons or Users, including the issuance of citations for violations
of this Chapter, and may do so personally or through any duly authorized
representative(s).
(b) Any powers granted to or duties imposed upon the Executive Director or the Vice
President of the Board's Department of Environmental Affairs may be delegated
by the Executive Director or the Vice President of the Board's Department of
Environmental Affairs to other Board personnel.
(c) The Executive Director and the Vice President of the Board's Department of
Environmental Affairs shall have the authority to promulgate written orders and
administrative procedures which are consistent with this Chapter and determined
to be necessary for the proper administration and enforcement of these Rules and
Regulations, including but not limited to administrative orders issued for the
purpose of bringing a violator back into compliance. For the purpose of promoting
consistency of enforcement throughout the Airport, the Executive Director or the
Vice President of the Board's Department of Environmental Affairs shall
promulgate an Enforcement Response Plan.
(d) Upon specific request of the Executive Director or his authorized representative(s)
under this Chapter, officers of the Board's Department of Public Safety may assist
the Executive Director in the enforcement of this Chapter. A Department of Public
Safety officer who observes a violation of this Chapter or of a wastewater discharge
permit or order issued by the Executive Director or his authorized representative(s)
may take any necessary or appropriate enforcement action.
(e) When the Executive Director determines that a violation of this Chapter or of any
permit or order issued hereunder or of any pretreatment standard or requirement
has occurred or is occurring, the following remedies are available. The remedies
provided for in this Section or elsewhere in this Chapter are not exclusive.
Enforcement of violations will generally be in accordance with the Board's
Enforcement Response Plan. However, the Executive Director may take other
action against any person or User when the circumstances warrant. The Executive
Director may take any, all, or any combination of these actions against a non-
compliant person or User, consecutively or concurrently:
(1) Issuance of one or more verbal and/or written warnings;
(2) Issuance of one or more citations;
(3) Issuance of a notice of violation;
(4) Execution of a consent order;
(5) Issuance of a compliance order;
(6) A show cause hearing;
(7) A cease and desist order;
(8) A stop work order;
(9) Permit suspension or revocation proceedings, if applicable;
(10) Suspension and/or termination of water utility service and/or access to the
Airport Wastewater System, as provided in ARTICLE X;
(11) Issuance of administrative fines;
(12) Request the Board's legal counsel to institute suit for civil remedies as
provided by this Chapter or state or federal law; or
(13) Any other remedy provided in this Chapter.
SEC.6-3. ABBREVIATIONS.
The following abbreviations, when used in these Rules and Regulations, shall have the
designated meanings:
• BOD
- Biochemical Oxygen Demand
• BMP
-Best Management Practice
• BMR
-Baseline Monitoring Report
• CFR
- Code of Federal Regulations
• CIU
-Categorical Industrial User
• COD
- Chemical Oxygen Demand
• CRWS
- Central Regional Wastewater System
• ERP
- Enforcement Response Plan
• EPA
- U.S. Environmental Protection Agency
• gpd
- gallons per day
• IU
- Industrial User
• mgll
- milligrams per liter
• NAICS
-North American Industrial Classification System ,
• NOV
- Notice of Violation
• NPDES - National Pollutant Discharge Elimination System
• NSCIU
-Non-Significant Categorical Industrial User
• POTW
- Publicly Owned Treatment Works
• RCRA
- Resource Conservation and Recovery Act
• SIC
- Standard Industrial Classification
• SIU
- Significant Industrial User
• SNC
-Significant Noncompliance
• TCEQ
- Texas Commission on Environmental Quality
• TPDES - Texas Pollutant Discharge Elimination System
• TRA
- Trinity River Authority of Texas
• TSS
- Total Suspended Solids
• TTO
- Total Toxic Organics
• USC
- United States Code
SEC.6-4. DEFINITIONS.
Unless a provision explicitly states otherwise, the following terms and phrases, whether
capitalized or not and in each grammatical variation, as used in this Chapter and in the
Enforcement Response Plan and any permit or order issued pursuant to this Chapter, shall have
the meanings designated in this SEC.6-4.
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ACT or THE ACT shall mean the Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 USC § 1251 at seq.
AIRPORT shall mean all the land, improvements, facilities and developments within the
boundaries of the Dallas/Fort Worth International Airport.
AIRPORT BOARD or BOARD shall mean the Dallas -Fort Worth International Airport
Board, the duly constituted governing body of the Airport.
AIRPORT WASTEWATER SYSTEM shall mean the system for conveyance, separation
and disposal of waste material at the Airport, defined by the System Agreement to include the
Waste Treatment Plant (i.e., that structure and appurtenances which receive, treat and dispose
of wastewater delivered from the Waste Conveyance Facilities), the Sanitary Sewer Facilities (i.e.,
the network of service pipelines for the conveyance and delivery of sanitary sewerage), the Waste
Conveyance Facilities (i.e., the network of service pipelines for the conveyance of wastewater
and delivery thereof to the Waste Treatment Plant, and related appurtenances located at the
Airport. This definition includes any devices or systems used in the collection, storage, treatment,
recycling, and reclamation of sewage or industrial wastes of a liquid nature and any sewers, pipes,
and other conveyances and related appurtenances located at the Airport, as further described in
the System Agreement defined in this SEC.6-4 but excludes any such devices or systems not
within the boundaries of the Airport or located at or beyond the Airport's point(s) of entry into the
CRWS.
APPROVAL AUTHORITY shall mean the Executive Director of the Texas Commission on
Environmental Quality (TCEQ) where the state has been delegated NPDES permit authority and
has an approved pretreatment program.
AUTHORIZED REPRESENTATIVE OF THE USER shall mean:
(a) For a corporation: (1) the president, secretary, treasurer, or a vice-president of the
corporation in charge of a principle business function, or any other person who
performs similar policy or decision -making functions for the corporation; or (ii) the
manager of one or more manufacturing, production, or operating facilities, provided
the manager is authorized to make management decisions that 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
individual wastewater discharge permit requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(b) For a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(c) For a federal, state or local government: a director or highest official appointed or
designated to oversee the operation and performance of the activities of the
government facility or operation, or his designee.
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(d) The individuals described in paragraphs (A) through (C), 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, premises, or site from which the discharge originates or
having overall responsibility for environmental matters for the entity, and the written
authorization is submitted to the Executive Director.
BEST MANAGEMENT PRACTICE OR BMP shall mean schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to implement
the prohibitions listed in SEC 6-6 (A) and (B) [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.
BOD or BIOCHEMICAL OXYGEN DEMAND shall mean the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days
at 200 centigrade, usually expressed as a concentration (e.g., mgll).
BYPASS shall mean the intentional diversion of waste streams or wastewater from any
portion of a Users wastewater treatment equipment or pretreatment equipment.
CATEGORICAL INDUSTRIAL USER (CIU) shall mean an Industrial User subject to a
Categorical Pretreatment Standard or Categorical Standard.
CATEGORICAL STANDARD(S) shall mean any regulation containing pollutant discharge
limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act (33 U.S.C. §
1317) which apply to a specific category of users and which appear in 40 CFR Chapter I,
Subchapter N, Parts 405 - 471.
CENTRAL REGIONAL WASTEWATER SYSTEM ("CRWS") or CENTRAL
WASTEWATER TREATMENT SYSTEM or AUTHORITY'S SYSTEM shall mean the treatment
plant and related wastewater system operated by the Trinity River Authority as Control Authority
and which receives wastewater discharges from the Airport pursuant to the Wastewater Service
Contract; as defined in the Wastewater Service Contract, the term means all of TRA's facilities for
receiving, transporting, treating and disposing of wastewater generally in the area of the Upper
Trinity River Basin, together with any improvements or additions to such facilities, but specifically
excludes (1) TRA's facilities within the boundaries of the Airport and defined, as the "System" in
the System Agreement, (2) local wastewater facilities of TRA contracting parties for the
transportation of wastewater to Points of Entry and any facilities used exclusively or primarily for
the pre-treatment of Industrial Wastes, and (3) any other TRA facilities.
COMPOSITE SAMPLE shall mean a sample that is collected over time, formed either by
continuous sampling or by mixing discrete samples. The sample may be composited either as a
.time composite sample, composed of discrete sample aliquots collected at consistent time
intervals providing a sample irrespective of stream flow; or as a flow proportional composite
sample collected either as a constant sample volume at time intervals proportional to flow, or
collected by increasing the volume of each aliquot as the flow increases while maintaining a
consistent time interval between the aliquots.
CONTROL AUTHORITY or AUTHORITY shall mean the Trinity River Authority of Texas,
as holder of the TPDES permit of the POTW.
DAILY MAXIMUM LIMIT. Shall mean 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 a concentration, the daily discharge is the arithmetic average
measurement of the pollutant concentration derived from all measurements taken that day. Said
Daily Maximum Limit shall be as stated on each User's permit.
DISCHARGE when used without qualification includes discharge of a pollutant(s).
DISCHARGE OF A POLLUTANT shall mean any addition of any pollutant to navigable
waters from any point source, i.e., any discernible, confined and discrete conveyance, including
but not limited to any pipe, ditch, channel, tunnel, conduit, well, or container, from which pollutants
are or may be discharged but excluding agricultural storm water discharges and return flows from
irrigated agriculture.
DISCHARGER shall mean any person who causes, allows, permits, or is otherwise
responsible for, a discharge, including without limitation any operator of a construction site or
industrial facility. TO DISCHARGE means to deposit, conduct, drain, emit, throw, run, allow to
seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or
omissions.
EFFECTIVE DATE shall mean the date on which these Rules and Regulations become
effective, as provided in SEC.6-74 of this Chapter.
ENFORCEMENT RESPONSE PLAN or ERP shall mean the plan authorized by the
Executive Director which contains detailed procedures indicating how the Board will investigate
and respond to instances of User noncompliance at the Airport.
ENVIRONMENTAL PROTECTION AGENCY or EPA shall mean the United States
Environmental Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency.
EXECUTIVE DIRECTOR shall mean the Executive Director or Chief Executive Officer of
the Dallas -Fort Worth International Airport Board, or, where applicable, his designated
representative(s), as provided in SEC.6-2.
EXISTING SOURCE shall mean any source of discharge, the construction or operation of
which commenced prior to the publication by EPA of proposed categorical pretreatment
standards, which will be applicable to such source if the standard is thereafter promulgated in
accordance with Section 307 of the Act.
EXTRAJURISDICTIONAL USER shall mean a User the Airport Board has determined
requires a permit to discharge to the Airport's sanitary sewer collection system, other than a local
government, which is located outside the jurisdiction of the Airport, and which discharges or plans
to discharge to the Airport's sanitary sewer collection system.
GRAB SAMPLE shall mean a sample which is taken from a waste stream without regard
to the flow in the waste stream and over a period of time not to exceed fifteen (15) minutes.
10
GREASE TRAP shall mean an interceptor placed in a drainage system to separate and
retain grease prior to it entering the sanitary sewer, and includes such interceptors in hotels,
restaurants and other food establishments, commercial kitchens, and similar facilities.
GRIT TRAP (SAND TRAP) shall mean an interceptor placed in a drainage system at
maintenance and repair shops, automobile service stations, car washes, laundries, and other
similar facilities, to separate and retain undesirable matter and deleterious materials prior to their
entering the sanitary sewer or wastewater system.
INDIRECT DISCHARGE or DISCHARGE shall mean the introduction of pollutants into a
POTW from any non -domestic source regulated under Section 307(b), (c), or (d) of the Act.
INDUSTRIAL SURCHARGE shall mean the additional charge made to a person or User
who discharges into the Airport Wastewater System and/or POTW industrial waste that is
amenable to treatment by the system or POTW but exceeds the strength or character of normal
wastewater.
INDUSTRIAL USER shall mean any person or industry who discharges or desires to
discharge Industrial Waste(s) into the Airport Wastewater System or to the Central Regional
Wastewater System.
INDUSTRIAL WASTE(S) shall mean liquid wastes from industrial processes as distinct
from wastes in domestic wastewater (sewage); wastewater or other water -borne solids, liquids,
or gaseous substances resulting from an industrial, manufacturing, or food processing operation,
or from the development of a natural resource, or any mixture of these with water or normal
domestic wastewater.
INDUSTRY shall mean a person or establishment that is recognized and identified in the
Standard Industrial Classification Manual, 1987, Executive Office of the President: Office of
Management and Budget, as amended and supplemented.
INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT shall mean the
maximum concentration of a pollutant allowed to be discharged at any time, determined from the
analysis of any discrete or composite sample collected, independent of industrial flow rate and
the duration of the sampling event.
INTERFERENCE shall mean a discharge, which alone or in conjunction with a discharge
or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or
operations or its sludge processes, use or disposal, and therefore is a cause of a violation of the
Control Authority" TPDES permit or of the prevention of sewage sludge use or disposal in
compliance with any of the following statutory/regulatory provisions or permits issued there under,
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); 40 CFR 503 sludge regulations; any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act and 30 TAC
312; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research,
and Sanctuaries Act.
LIQUID WASTE shall mean water -borne solids, liquids, and gaseous substances located
in or removed from grease traps or grit traps, or septage waste located in or removed from septic
tanks, cesspools, portable toilets, or similar facilities; the term does not include hazardous waste
11
identified or listed as such by the EPA pursuant to the federal Solid Waste Disposal Act, as
amended by RCRA, 42 USC 6901 et seq., as amended, or Class 1 nonhazardous industrial solid
waste.
MEDICAL WASTE shall mean 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.
MONTHLY AVERAGE. The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.
NATIONAL 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 U.S.C. § 1317) which apply to a specific
category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405 - 471.
NATIONAL PRETREATMENT STANDARD(S) shall mean any pretreatment regulation(s)
containing pollutant discharge limits that have been established or will be established for Industrial
Users by the EPA.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES shall mean
the NPDES permit program of the EPA and/or the permit program of the state agency delegated
to act on EPA's behalf in a state with an approved pretreatment program (see TEXAS
POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES).
NATURAL OUTLET shall mean any outlet into a watercourse, pond, ditch, lake, or other
body of surface or ground water.
NEW SOURCE shall mean:
(a) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication
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:
(1) The building, structure, facility, , or installation is constructed at a site at
which no other source is located; or
(2) The building, structure, facility, or installation totally replaces the process
or production equipment that causes the discharge of pollutants at an
existing source: or
(3) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an existing
source at the same site. In determining whether these are substantially
independent, factors such as the extent to which the new facility is
integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source, should
be considered.
12
(b) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not -create a new
building, structure, facility, or installation meeting the criteria of Section (A)(2) or
(3) above but otherwise alters, replaces, or adds to existing process or production
equipment.
(c) Construction of a new source as defined under this paragraph has commenced if
the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite construction
program,
(A) any placement, assembly, or installation of facilities or equipment;
or
(B) significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or
equipment which 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 shall mean water used for cooling which does not
come into direct contact with any raw material, intermediate product, waste product, or finished
product.
NON -SIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU) shall mean an
Industrial User subject to categorical Pretreatment Standards on a finding of any of the three
criteria below:
1. The Industrial User never discharges more than 100 gallons per day (gpd) of total
categorical wastewater (excluding sanitary, non -contact cooling and boiler blowdown wastewater,
unless specifically included in the Pretreatment Standard);
2. The Industrial User is required by a categorical Pretreatment Standard to not
discharge categorical wastewater. An Industrial User that meets this criteria shall continue to be
prohibited from discharging categorical wastewater; or
3. The Industrial User is subject to numeric categorical Pretreatment Standard(s) and
does not discharge categorical wastewater
(b) The following conditions must be met for an Industrial User classified as a NSCIU:
1. The Industrial User, prior to the Airport finding, has consistently complied with all
applicable categorical Pretreatment Standards and Requirements;
13
2. The Industrial User annually submits the certification statement required in SEC 6-
23 (see 40 CFR 403.12(q)j, together with any additional information necessary to support the
certification statement; and
3. The Industrial User never discharges any untreated concentrated wastewater.
NORMAL WASTEWATER shall mean wastewater for which the average concentration of
suspended solids and five-day BOD does not exceed 250 mg/l each.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) shall mean the
system used by the Federal Government for collecting and organizing industry related
statistics.
NPDES PERMIT shall mean a permit issued by EPA and/or the state agency delegated
to act on EPA's behalf in a state with an approved State pretreatment program under authority
delegated pursuant to 33 USC 1342(b) that authorizes the discharge of pollutants to waters of the
United States (see TPDES PERMIT).
ORDER shall mean a verbal or written directive issued by the Executive Director or his
duly authorized representative in the performance of the Executive Director's duties in the
administration or enforcement of these Rules and Regulations.
PASS THROUGH shall mean 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 from other sources, is a cause of a violation of any requirement of the Control
Authority's TPDES permit, including an increase in the magnitude or duration of a violation.
PERSON shall mean any individual, partnership (including two or more persons having a
joint or common economic interest), co -partnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity, political subdivision, or any other legal entity;
or the legal representative(s), agent(s), or assign(s) of any such entity. This definition includes all
federal, state and local governmental entities, unless the context requires otherwise.
pH shall mean a measure of the acidity or alkalinity of a solution, expressed in standard
units; the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of solution.
POINT(S) OF ENTRY shall mean the point(s) at which wastewater enters the Central
Regional Wastewater System.
POLLUTANT(S) shall mean dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock,- sand,
cellar dirt, municipal, agricultural and industrial wastes discharged into water.
PRETREATMENT shall mean the reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu
of, introducing such pollutants into POTW. This reduction or alteration can be obtained by
physical, chemical, or biological processes; by process changes; or by other means, except by
diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.
14
PRETREATMENT REQUIREMENT(S) shall mean any substantive or procedural
requirement(s) related to pretreatment imposed on a User, other than a pretreatment standard.
PRETREATMENT STANDARD(S) or STANDARD(S) shall mean any regulation(s)
containing pollutant discharge limits, including prohibited discharge standards, categorical
pretreatment standards, and local limits, as set forth in 40 CFR 403 and these Rules and
Regulations.
PROHIBITED DISCHARGE(S) shall mean prohibitions against the discharge of certain
substances, as set forth in SEC. 6-6 of the Chapter.
PUBLICLY OWNED TREATMENT WORKS or POTW shall mean a "treatment works,"
as defined in Section 212 of the Act (33 USC §1292) and in 40 CFR 403.3, which is owned by a
state or municipality or any agency of such entities. For purposes of these Rules and Regulations,
POTW means the Central Regional Wastewater System ("CRWS") owned by the Control
Authority. This definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any
sewers, pipes, and other conveyances that convey wastewater to the CRWS but expressly
excludes the Airport Wastewater System.
RULES AND REGULATIONS shall mean the wastewater pretreatment and discharge
rules and regulations established under this Chapter 6, "Wastewater Pretreatment and Discharge
Rules and Regulations," of the Code of Rules and Regulations of the Dallas -Fort Worth
International Airport Board, as amended.
SCHEDULE OF CHARGES shall mean the Dallas -Fort Worth International Airport Board
Schedule of Charges, as amended.
SEPTAGE WASTE or SEPTIC TANK WASTE shall mean any liquid or solid material
removed from a holding tank such as a chemical toilet, trailer, cesspool, septic tank, or similar
sewage treatment system.
SEVERE PROPERTY DAMAGE, as the term is used in SEC. 6-68 shall mean substantial
physical damage to property, damage to the treatment facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not mean economic
loss caused by delays in production.
SEWAGE shall mean human excrement and gray water (wastewater from clothes washing
machines, showers, bathtubs, dishwashing operations, sinks, etc.).
SHALL is mandatory; MAY is permissive or discretionary.
SIGNIFICANT INDUSTRIAL USER shall mean any Industrial User, except as provided in
subsection (C) of this definition, that is connected or desires to connect to the Airport Wastewater
System and meets at least one of the following criteria:
(a) Any Industrial User subject to Categorical Pretreatment Standards as defined in
this SEC. 6-4 or as may be provided in 40 CFR 403.6, as amended; or
(b) Any other Industrial User that:
is
(1) Discharges an average of twenty-five thousand (25,000) gpd or more of
process wastewater to the POTW and/or Airport Wastewater System
(excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
(2) Contributes a process waste stream which makes up five (5) percent or
more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant; or
(3) Is designated as such by the Executive Director on the basis that it has a
reasonable potential for adversely affecting the operation of the POTW
and/or the Airport Wastewater System or for violating any pretreatment
standard or requirement.
(c) Upon a finding that an Industrial User meeting the criteria in Subsection (B) has no
reasonable ,potential for adversely affecting the operation of the POTW and/or the
Airport Wastewater System or for violating any pretreatment standard or
requirement, the Executive Director may at any time, on its own initiative or in
response to a petition received from a User or the POTW, determine that such
User should not be considered a Significant Industrial User.
SIGNIFICANT NONCOMPLIANCE shall mean noncompliance deemed significant as
defined in ARTICLE 1X of these Rules and Regulations. 1,
SLUG LOAD, SLUG, or SLUG DISCHARGE shall mean any discharge at a flow rate or
concentration which could cause a violation of the prohibited discharge standards in Section 6-
6 of these Rules and Regulations. A Slug Discharge is any Discharge of a non -routine, episodic
nature, including but not limited to accidental spill or a non -customary batch discharge, which has
a reasonable potential to cause Interference or Pass Through, or in any way violate the Board's
regulations, Local Limits or Permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE shall mean a classification
pursuant to the Standard Industrial Classification Manual issued by the United States Office of
Management and Budget.
STORMWATER or STORM WATER shall mean any flow occurring during or following
any form of natural precipitation, and resulting from such precipitation, including snowmelt.
SYSTEM AGREEMENT shall mean the contractual agreement between the Board and
the Trinity River Authority, dated 16 July 1971, and as subsequently amended, providing for
construction, financing, and operation at the Airport of a system for conveyance, separation and
disposal of waste material, such System defined by that Supplemental Agreement dated 11
February 1972 as the Waste Treatment Plan (also known as the Airport Pretreatment Plan), the
Sanitary Sewer Facilities, the Waste Conveyance Facilities, and related appurtenances located
at the Airport (see AIRPORT WASTEWATER SYSTEM).
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES shall mean the
permit program of the TCEQ, as the state agency delegated to act on EPA's behalf with respect
to the EPA's NPDES permit program in a state with an approved pretreatment program.
16
THIS CHAPTER shall mean this Chapter 6, entitled "Wastewater Pretreatment and
Discharge Rules and Regulations," of the Code of Rules and Regulations of the Dallas -Fort Worth
International Airport Board, as amended, which establishes wastewater pretreatment and
discharge rules and regulations for the Airport.
TOTAL SUSPENDED SOLIDS or TSS shall mean the total suspended matter that floats
on the surface of, or is suspended in, water, wastewater, or other liquid, and which is removable
by laboratory filtering.
TOTAL TOXIC ORGANICS or TTO shall mean the sum of the masses or concentration
of specific toxic organic compounds found in an Industrial User's discharge at a concentration
greater than 0.01 mg/L. For noncategorical and categorical SIUs the TTO list is 40 CFR 122
Appendix D, Table II, excluding pesticides, unless specifically designated in a particular
categorical classification.
TPDES PERMIT shall mean a permit issued by the TCEQ, as the state agency delegated
to act on EPA's behalf with respect to the EPA's NPDES permit program in a state with an
approved State pretreatment (see NPDES PERMIT).
TRINITY RIVER AUTHORITY or TRA shall mean the Trinity River Authority of Texas, a
governmental agency of the State of Texas, in its various capacities, including as required by
context: the Control Authority; operator of a POTW, including the Central Regional Wastewater
System (CRWS); or a party to the Wastewater Service Agreement and/or the System Agreement
as defined in this SEC. 6-4.
UPSET shall mean an exceptional incident in which there is unintentional and temporary
noncompliance with categorical pretreatment standards because of factors beyond the
reasonable control of the User. An Upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack
of preventive maintenance, or careless or improper operation.
USER shall mean a source of Indirect Discharge; a person who discharges or causes or
permits the contribution of wastewater to the POTW and/or the Airport Wastewater System; the
term
includes, but is not limited to, Industrial User(s).
WASTEWATER shall mean liquid and water -carried industrial waste(s) and sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW and/or the Airport
Wastewater System.
WASTEWATER SERVICE CONTRACT shall mean the contractual agreement, also
known as the customer contract, between the Board and the Trinity River Authority, dated 9
August 1973, and providing for the Board's discharge of wastewater into the Central Regional
Wastewater System of TRA; includes the Amendatory Wastewater Service Contract dated 16
January 1984 and any and all subsequent amendments.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT shall mean that portion
of the POTW that is designed to provide treatment of domestic sewage and industrial waste.
17
SEC. 6-5. INCORPORATION OF FEDERAL AND STATE STATUTES, RULES, AND
REGULATIONS.
A reference within this Chapter of the DallasAFort Worth International Airport Code of
Rules and Regulations to a federal or state statute, rule, or regulation includes all amendments to
such statute, rule, or regulation made after the effective date of this Chapter. All categorical
pretreatment standards, pretreatment requirements, lists of toxic pollutants, industrial categories,
and other applicable regulations promulgated by the EPA or the TCEQ, including all future
amendments of same, are hereby incorporated into this Chapter.
ARTICLE II.
DISCHARGE PROHIBITIONS AND LIMITS.
SEC. 6-6. PROHIBITED DISCHARGES.
(a) General Prohibitions No User shall introduce or cause to be introduced into the
Airport Wastewater System or the POTW any pollutant or wastewater capable of
causing Pass Through or Interference. These general prohibitions and the specific
prohibitions in paragraph (13) of this Section apply to each User of the Airport
Wastewater System or the POTW whether or not the User is subject to categorical
pretreatment standards or any other National, State, or local pretreatment
standards or requirements.
(b) Specific Prohibitions No person shall introduce or cause to be introduced into the
Airport Wastewater System or the POTW:
(1) Any Pollutant(s) which create a fire or explosive hazard in the Airport
Wastewater System and/or the POTW, including, but not limited to, waste
streams with a closed cup flashpoint of less than 140°F (60°C) using the
test methods specified in 40 CFR 261.21
(2) Any substance or wastewater having a pH less than 5.5 or more than 11.0;
or otherwise capable of causing corrosive or structural damage to the
Airport Wastewater System and/or the POTW;
(3) Solid or viscous substances in amounts capable of causing obstruction to
the flow in the Airport Wastewater System and/or the POTW, resulting in
Interference;
(4) 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
Airport Wastewater System and/or the POTW;
(5) Wastewater having a temperature greater than 150°F (650C), or which will
inhibit biological activity in the POTW treatment plant resulting in
Interference, but in no case wastewater which causes the temperature at
the introduction into the POTW treatment plant to exceed 104°F (40°C);
18
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes
within the Airport Wastewater System and/or the POTW in a quantity that
may cause acute worker health and safety problems.
(8) Any trucked or hauled septage waste, wastewater or pollutant(s), except at
discharge points designated by Executive Director in accordance with
these Rules and Regulations;
(9) Noxious or malodorous liquids, gases, solids, or other wastewater which,
either singly or by interaction with other wastes, are sufficient to create a
public nuisance or a hazard to life, or to prevent entry into the POTW's
and/or Airport Wastewater System's waste or sanitary sewer conveyance
facilities for inspection maintenance or repair;
(10) Wastewater wh ich imparts color which cannot be removed by the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions, which consequently imparts color to the POTW treatment plant's
effluent, thereby violating the applicable TPDES permit;
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;
(12) Storm water, surface water, ground water, artesian well water, roof runoff,
subsurface drainage, swimming pool drainage, condensate, de -ionized
water, non -contact cooling water, and unpolluted wastewater, unless
specifically authorized by Executive Director and the Control Authority;
(13) Sludges, screenings, or other residues from the pretreatment of industrial
wastes;
(14) Medical wastes, except as specifically authorized by Executive Director in
a wastewater discharge permit;
(15) Wastewater causing, alone or in conjunction with other sources, the
treatment plant's effluent to fail a toxicity test;
(16) Detergents, surface-active agents, or other substances which may cause
excessive foaming in the POTW;
(17) Fats, oils, or greases of animal or vegetable origin in concentrations
exceeding 200 mgll;
(18) A discharge of water, normal domestic wastewater, or industrial waste
which in quantity of flow exceeds, for a duration of longer than fifteen
minutes, more than four times the average twenty-four hour flow during
normal operations of the User;
19
(19) Insecticides and herbicides in concentrations that are not amenable to
treatment
(20) Garbage that is not properly shredded to such an extent that all particles
will be carried freely under the flow conditions normally prevailing in
wastewater mains, with no particle having greater than one-half (1/2") inch
cross -sectional dimension;
(21) Wastewater or industrial waste generated or produced outside the Airport,
unless approval in writing from the Executive Director has been given to
the person discharging the waste.
(22) Without the approval of the Executive Director a substance or pollutant
other than industrial waste, normal domestic wastewater, septic tank
waste, or chemical toilet waste that is of a toxic or hazardous nature,
regardless of whether or not it is amenable to treatment, including but not
limited to bulk or packaged chemical products.
(c) Pollutants, substances or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the D/FW
Airport System and/or the POTW.
SEC. 6-7. NATIONAL CATEGORICAL. PRETREATMENT STANDARDS.
(a) The national categorical pretreatment standards which appear in 40 CFR Chapter
I, Subchapter N, Parts 405-471, shall apply in addition to all applicable
pretreatment standards and requirements set forth in 40 CFR 403 and these Rules
and Regulations. A User shall not discharge in violation of any applicable
categorical pretreatment standards.
(b) Existing Sources and new or existing Industrial Users who are or may be included
in an industrial subcategory to which categorical standards apply shall comply with
the procedures and requirements set forth in 40 CFR 403.6 and any applicable
limits or requirements imposed by the Executive Director.
(c) Where a categorical pretreatment standard is expressed in terms of either the
mass or the concentration of a pollutant in wastewater, the Executive Director may
impose equivalent concentration or mass limits in accordance with 40 CFR
403.6(c)(1).
(d) When wastewater subject to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Executive Director shall
impose an alternate limit using the combined wastestream formula in 40 CFR
403.6(e).
(e) A user may obtain a variance from a categorical pretreatment standard if the user
can prove, pursuant to the procedural and substantive provisions in 40 CFR
403.13, that factors relating to its discharge are fundamentally different from the
factors considered by the EPA when developing the categorical pretreatment
standard.
Pit]
(f) A user may obtain a nettgross adjustment to a categorical standard in accordance
with 40 CFR 403.15.
SEC. 6-8. LOCAL LIMITS.
(a) The following specific limits are established, in accordance with local limits in the
Control Authority's TPDES permit for the CRWS, to protect against Pass Through
and Interference. No person or User shall discharge or cause or permit to be
discharged wastewater containing in excess of the following instantaneous
maximum allowable discharge limits:
Parameter
Local Limit (mg/L)
Arsenic
0.2
Cadmium
0.1
Chromium
2.1
Copper
1.8
Cyanide
0.4
Lead
1.2
Mercury
0.06
Molybdenum
0.5
Nickel
3.3
Selenium
0.2
Silver
0.8
Zinc
6.1
Oil & Grease
200
pH
5.5 —11.0
The above limits apply at the Individual User's point of discharge, i.e., the point(s)
where the wastewater is discharged to the Airport's system. All concentrations for
metallic substances are for "total" metal unless indicated otherwise.
(b) The Executive Director may impose mass limitations in addition to, or in place of, the
concentration -based limitations above.
SEC. 6-9. RIGHT TO ESTABLISH REGULATIONS OR MORE STRINGENT
REQUIREMENTS.
The Board reserves the right to establish, by rules and regulations, lawful order, or
wastewater discharge permits, more stringent standards or requirements than those set forth in
the preceding section on discharges to the Airport Wastewater System and/or the POTW.
Additionally, the Board may establish further rules and regulations and the Executive Director may
establish further procedures not in conflict with these Rules and Regulations.
21
SEC. 6-10. APPLICABILITY OF MORE STRINGENT REGULATIONS OR DISCHARGE
LIMITS.
(a) If national pretreatment standards, categorical or otherwise, more stringent than
the discharge limits prescribed in this Chapter are promulgated by the United
States Environmental Protection Agency for certain industries or Users, the more
stringent national pretreatment standards will apply to the affected persons/Users.
A violation of the more stringent national pretreatment standards will also be
considered a violation of these Rules and Regulations.
(b) User at the Airport. who discharges industrial waste ultimately received and treated
by another governmental entity pursuant to a wholesale wastewater contract or a
reciprocal agreement with the Board is subject to the following additional rules:
(1) If the governmental entity has more stringent discharge limits than those
prescribed by this Chapter, or by a discharge permit issued under this
Chapter, because the United States Environmental Protection Agency
requires the more stringent discharge limits as part of the governmental
entity's wastewater pretreatment program, the more stringent discharge
limits shall prevail.
(2) The Executive Director is authorized to issue a discharge permit to a User
affected by Subsection (1), to assure notice of and compliance with the
more stringent discharge limits. If the User already has a discharge permit,
the Executive Director may amend or reissue the permit to apply and
enforce the more stringent discharge limits. An affected User shall submit
to the Executive Director an expected compliance date and an installation
schedule if the more stringent discharge limits necessitate technological or
mechanical adjustments to the User's facilities or business operations at
the Airport. An affected User(s) shall be given reasonable opportunity to
comply with the more stringent discharge limit(s).
(3) The more stringent discharge limits cease to apply upon termination of the
Board's wholesale wastewater contract or reciprocal agreement with the
governmental entity, or upon modification or elimination of the limits by the
government entity or the United States Environmental Protection Agency.
The Executive Director will take appropriate action to notify affected User(s)
of an occurrence under this Subsection (3).
SEC. 6-11. VARIANCES IN COMPLIANCE DATES.
The Executive Director may grant a variance compliance dates to an affected User when,
in the Executive Director's opinion, such action is necessary to achieve pretreatment or corrective
measures. In no case shall the Executive Director grant a variance in compliance dates to an
industrylUser affected by national categorical pretreatment standards beyond the compliance
dates established by the United States Environmental Protection Agency.
SEC. 6-12. DILUTION PROHIBITED.
(a) No User shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment to
22
achieve compliance with a discharge limitation or pretreatment standard unless
expressly authorized to do so by an applicable pretreatment standard or
requirement.
(b) The Executive Director may impose mass limitations on Users who are using
dilution to meet applicable pretreatment standards or requirements or in other
cases when the imposition of mass limitations is appropriate.
SEC. 6-13. SOD or TSS LOADING.
(a) No person shall discharge wastewater containing a BOD or TSS loading that is
capable of causing the Board's prorata share of the total BOD or TSS loading to
the Central Regional Wastewater System (CRWS) to exceed the Board's prorata
share of the total flow to the CRWS. (Example: If the Board contributes 25% of the
total wastewater flow to the CRWS, the Board's cumulative BOD or TSS loading to
the CRWS, as measured at the Board's points of entry to the CRWS, shall not
exceed 25% of the total BOD or TSS loading to the CRWS.)
(b) Any User with wastewater strength capable of causing the Board's cumulative
wastewater loading, at the Board's point(s) of entry to the CRWS, to exceed the
Board's prorata share of the total wastewater loading based upon flow may be
required to provide pretreatment measures to reduce the User's wastewater
strength to an acceptable level.
ARTICLE III.
PRETREATMENT OF WASTEWATER.
SEC. 6-14. PRETREATMENT FACILITIES.
(a) Users shall provide wastewater treatment or pretreatment as necessary to comply
with these Rules and Regulations and shall achieve compliance with any
applicable categorical pretreatment standards, local limits, and prohibitions set out
in SEC. 6-6 of these Rules and Regulations within the time limitations specified by
EPA, the State, the Control Authority, or the Executive Director, whichever are
more stringent.
(b) The User shall provide, operate, and maintain apy facilities or equipment
necessary for compliance at the User's expense. The Executive Director may
require a User to submit detailed plans describing such facilities and operating
procedures to the Executive Director for review. The review of such plans and
operating procedures shall in no way relieve the User from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the
Board under the provisions of these Rules and Regulations.
SEC. 6-16. ADDITIONAL PRETREATMENT MEASURES.
Whenever deemed necessary, the Executive Director may require:
23
(a) Users to create and implement Best Management Practices (BMPs), if necessary
to protect the POTW. Such BMPs would be supplemental and not used as a
replacement for compliance with Local Limits listed in SEC 6-8 and Prohibited
Discharge Standards in SEC 6-6.
(b) Any User to restrict its discharge during peals flow periods, to discharge certain
wastewater only into designated conveyances or sewers, to relocate and/or
consolidate points of discharge, to separate sewage waste streams from industrial
waste streams, and to comply with such other conditions as the Executive Director
determines may be necessary to protect the Airport Wastewater System and/or the
POTW or to determine the User's compliance with these Rules and Regulations;
(c) Any person discharging into the Airport Wastewater System and/or the POTW or
any occupant or lessee of any property or premises on the Airport to install and
maintain on that person's premises or site, at the person's expense, a suitable
storage and flow -control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization.
(d) Any person, User, or occupant or lessee of any property or premises on the Airport
to install and maintain on that person's premises or site grease, oil, and/or sand
interceptors when, in the opinion of the Executive Director, such traps or
interceptors are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil, or sand. All interception units shall be of type
and capacity approved by the Executive Director and shall be so located to be
easily accessible for cleaning and inspection. Unless provided otherwise by the
Board or Executive Director, such interceptors shall be installed, maintained,
inspected, cleaned, and repaired regularly, as needed, by the User at its expense;
(e) Any User with the potential to discharge flammable substances to install and
maintain an approved combustible gas detection meter, or other control device as
deemed necessary by the Executive Director.
SEC. 6-16. ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS.
(a) The Executive Director and/or Control Authority shall evaluate whether each
permitted SIU will need a plan to control slug discharges no later than (1) one year
of the S1U determination. The Executive Director may require any User to develop,
submit for approval, and implement such a plan. Alternatively, the Executive
Director may develop such a plan for any User. Any accidental discharge or slug
control plan required pursuant to these Rules and Regulations shall address, at a
minimum, the following:
(1) Description of discharge practices, including non -routine
batch discharges;
(2) Description of stored chemicals;
24
(3) Procedures for immediately notifying the Executive Director and/or Control
Authority of any slug discharge, as required by SEC. 6-37 of this Chapter, -
and
(4) Procedures to prevent adverse impact from any slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of
storage areas, handling and transfer of materials, loading and 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.
SEC. 6-17. HAULED SEPTAGE OR INDUSTRIAL WASTE.
(a) Septage waste-
(1) A person commits an offense if he discharges hauled septage waste into
the Airport Wastewater System and/or the POTW except at such locations
as are designated by the Executive Director, and at such times as are
established by the Executive Director. Such waste shall not violate any
provision of ARTICLE 11 of this Chapter or any other requirements
established by the Executive Director. The Executive Director may require
septage waste haulers to obtain wastewater discharge permits.
(2) The Executive Director may collect samples of each hauled load to ensure
compliance with applicable standards. The Executive Director may require
a septage waste hauler to provide a waste analysis of any load prior to
discharge.
(b) Industrial Waste.
(1) In order to ensure that trucked industrial waste is not being discharged into
the Airport Wastewater System and/or the POTW, the Executive Director
may require any User who generates such waste to report the type and
amount of the waste, and the location and manner of its disposal.
(2) The Executive Director may collect samples of each hauled load to ensure
compliance with applicable standards. The Executive Director may require
an industrial waste hauler to provide a waste analysis of any load prior to
discharge.
(3) A person commits an offense if the person generates industrial waste and
fails to make reports or provide waste analysis as required by the Executive
Director pursuant to subsection (B).
Oil
ARTICLE IV.
PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS.
SEC. 6-18. WASTEWATER ANALYSIS.
When so requested by the Executive Director, a User must submit information on the
nature and characteristics of its wastewaterto the Executive Director within ten (10) working days
following receipt of the request. The Executive Director is authorized to prepare a form or checklist
for this purpose and may periodically require the User to update this information.
SEC. 6-19. WASTEWATER DISCHARGE PERMIT REQUIRED.
(a) A Significant Industrial User ("S1U") or Non -significant Categorical Industrial User
(NSCIU) commits an offense if the S1U or NSCIU discharges, or allows the
discharge of, industrial waste or wastewater into the Airport Wastewater System
and/or the POTW without first obtaining and maintaining a valid wastewater
discharge permit from the Executive Director, except that a SIU or NSCIU that has
filed a timely application pursuant to SEC. 6-22 of these Rules and Regulations
may continue to discharge for the time period specified in that section.
(b) The Executive Director may require other Users to obtain wastewater discharge
permits as the Executive Director may deem necessary to carry out the purposes
and objectives of these Rules and Regulations.
(c) Any violation of the terms and conditions of a wastewater discharge permit shall
be deemed a violation of these Rules and Regulations and subjects the wastewater
discharge permittee to the sanctions and enforcement actions set out in this
Chapter.
(d) Obtaining a wastewater discharge permit does not relieve a person of the
obligation to comply with all applicable federal and state pretreatment standards or
requirements or with any other applicable requirements of federal, state, or local
law.
SEC. 6-20. PERMITS FOR EXISTING SOURCES.
(a) Any User required to obtain a wastewater discharge permit who was discharging
wastewater into the Airport Wastewater System and/or the POTW prior to the
Effective Date of these Rules and Regulations and who wishes or reasonably
expects to continue such discharges in the future shall apply to the Executive
Director for a wastewater discharge permit in accordance with SEC. 6-22 of these
Rules and Regulations.
(b) An existing User commits an offense if the User causes or allows discharges to the
Airport Wastewater System and/or the POTW to continue after ninety (90) days of
the Effective Date of this Chapter except in accordance with a wastewater
discharge permit issued under these Rules and Regulations.
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SEC. 6-21. PERMITS FOR NEW SOURCES.
Any User or New Source required obtaining a wastewater discharge permit who proposes
to begin or recommence discharging into the Airport Wastewater System and/or the POTW shall
obtain a valid permit prior to beginning or recommencing any discharge. An application for a
wastewater discharge permit shall be filed in accordance with SEC. 6-22 of this Chapter prior to
the date upon which any discharge will or is reasonably expected to begin or recommence.
SEC. 6-22. PERMIT APPLICATION PROCESS.
(a) Notwithstanding the provisions of ARTICLE IV, any User notified by the Executive
Director that a wastewater discharge permit is required shall submit a completed
application in accordance with this Section and within the time limits set forth in the
notice. Unless otherwise provided in this, ARTICLE IV, a person notified by the
Executive Director that a wastewater discharge permit is required shall not
discharge to the Airport Wastewater System and/or the POTW without a
wastewater discharge permit after sixty (60) days from the date the person
received notice of the permit requirement.
(b) Any person required to obtain a wastewater discharge permit shall submit a permit
application by completing any application form(s) provided or required by
the Executive Director. Incomplete or inaccurate applications will not be processed
and will be returned to the applicant for revision.
(c) The Executive Director may require any or all Users to submit as part of an
application the following information:
(1) All information required by SEC. 6-31 (Baseline Monitoring Reports) of
these Rules and Regulations;
(2) Description of activities, facilities, and plant processes on the
applicant's/User's premises or site, including a list of all raw materials and
chemicals used or stored at the premises or location which are, or could
accidentally or intentionally be, discharged to the Airport Wastewater
System and/or the POTW;
(3) Number and type of employees, hours of operation, and proposed or actual
hours of operation;
(4) Each product produced by type, amount, process or processes, and rate of
production;
(5) Type and amount of raw materials processed (average and maximum per
day);
(6) Site plans, floor plans, mechanical and plumbing plans, and details to show
all sewers, floor drains, and appurtenances by size, location, and elevation,
and all points of discharge;
(7) Time and duration of anticipated discharges; and
27
(8) Any other information as may be deemed necessary by the Executive
Director to evaluate the wastewater discharge permit application.
SEC. 6-23. SIGNATORIES AND CERTIFICATION REQUIREMENTS.
All wastewater discharge permit applications and User reports required to be submitted or
maintained under these Rules and Regulations or a permit or order issued under this Chapter
shall be signed by an Authorized Representative of the User as stated in 40 CFR 403.12(I), shall
be subject to the provisions of 40 CFR 403.12(n) governing fraud and false statements, and shall
contain the following certification statement: "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." Signature of this statement in no way diminishes the enforceability of these
Rules and Regulations.
If the designation of an Authorized Representative of the user 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 written authorization
satisfying the requirements of this Section must be submitted to the Executive Director prior to or
together with any reports to be signed by an Authorized Representative of the user.
A facility determined to be a Non -Significant Categorical Industrial User (NSCIU) by the
Executive Director pursuant to Section 6-4, must annually submit a signed certification statement
signed in accordance with the signatory requirements of this section. This certification must
accompany the NSCIU Annual Report required by the Executive Director:
ARTICLE V.
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
SEC. 6-24. WASTEWATER DISCHARGE PERMIT DECISIONS.
(a) The Executive Director will evaluate the information and data furnished by the
User's application and may require the applicant to submit additional information.
(b) Within a reasonable period, generally not to exceed seventy-five (75) days,
following receipt of a complete wastewater discharge permit application, the
Executive Director will determine whether or not to issue a wastewater discharge
permit.
(c) The Executive Director may deny any application for a wastewater discharge
permit.
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SEC. 6-25. WASTEWATER DISCHARGE PERMIT DURATION.
(a) A wastewater discharge permit shall be issued for a specified time period, not to
exceed five (5) years from the effective date of the permit. A wastewater discharge
permit may be issued for a period less than five (5) years at the discretion of the
Executive Director.
(b) Each wastewater discharge permit will indicate a specific date upon which it will
expire.
(c) A wastewater discharge permit shall be voidable upon cessation of operations or
transfer of User ownership and void if the transfer requirements of SEC. 6-28 are
not satisfied.
(d) All wastewater discharge permits issued to a particular User are void upon the
issuance of a new wastewater discharge permit to that User.
SEC. 6.26. WASTEWATER DISCHARGE PERMIT CONTENTS.
(a) A wastewater discharge permit shall include such conditions as are required by
applicable law, including these Rules and Regulations, or by the Wastewater
Service Contract, or as are deemed reasonably necessary by the Executive
Director to prevent Pass Through or Interference, protect the quality of the water
body receiving the POTW treatment plant's effluent, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to
the Airport Wastewater System and/or the POTW.
(b) A wastewater discharge permit shall contain:
(1) A statement that indicates the permit's duration, which shall not exceed five
(5) years;
(2) A statement that the permit is nontransferable without prior notification to
the Board in accordance with SEC. 6-28 of these Rules and Regulations,
and provisions for furnishing the new owner or operator of the User with a
copy of the existing wastewater discharge permit.
(3) Effluent limits including Best Management Practices based on applicable
pretreatment standards;
(4) Self -monitoring, sampling, reporting, notification, and record -keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type, based on applicable federal, state, and local law; and
(5) A statement of applicable civil and 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.
29
(6) Requirements to control Slug Discharge, if required by the Executive
Director.
(c) Wastewater discharge permits may also contain, without limitation, the following
conditions:
(1) Limits on the average and/or maximum rate of discharge, time of discharge,
and/or requirements for flow regulation and equalization.
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the Airport
Wastewater System and/or the POTW;
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non -routine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the Airport Wastewater System
and/or the POTW;
(5) The unit charge or schedule of User charges and fees for the management
of the wastewater discharged to the Airport Wastewater System and/or the
POTW;
(6) Requirements for installation and maintenance of inspection, flow, and
sampling facilities and/or equipment;
(7) A statement that compliance with the wastewater discharge permit does
not relieve the permittee of responsibility for compliance with all applicable
federal and state pretreatment standards, including those which become
effective during the term of the wastewater discharge permit; and
(8) Orders to implement BMPs, if required by the Executive Director; and
(9) Other conditions as deemed appropriate by the Executive Director to
ensure compliance with these Rules and Regulations or with any applicable
federal or state laws, rules, and regulations.
SEC. 6-27. WASTEWATER DISCHARGE PERMIT MODIFICATION.
The Executive Director may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:
(a) To incorporate any new or revised federal, state, or local pretreatment standards
or requirements, or any new or revised requirements of the Wastewater Service
Contract;
30
Y
(b) To address significant alterations or additions to the User's operation, processes,
or wastewater volume or character since the time of wastewater discharge permit
issuance;
(c) A change in the Airport Wastewater System and/or the POTW that requires either
a temporary or permanent reduction or elimination of the authorized discharge;
(d) Information indicating that the permitted discharge poses a threat to the Airport
Wastewater System, any portion of the POTW, POTW or Board personnel, the
general public, or the receiving waters;
(e) Violation of any terms or conditions of the wastewater discharge permit or these
Rules and Regulations;
(f) Misrepresentations or failure to fully disclose all relevant facts in the wastewater
discharge permit application or in any required documents or reports;
(g) Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;
(h) To correct typographical or other errors in the wastewater discharge permit; or
(i) To reflect a transfer of the User's ownership or operation to a new owner or
operator.
SEC. 6-28. WASTEWATER DISCHARGE PERMIT TRANSFER.
(a) A wastewater discharge permit issued may be transferred to a new owner or
operator only if the permittee gives advance notice of transfer to the Executive
Director and the Executive Director approves the permit transfer. Failure to provide
advance notice of a transfer renders the wastewater discharge permit void as of
the date of transfer to the new owner(s) or operator(s).
(b) The notice of intent to transfer must include a written certification, in accordance
with SEC. 6-23 of this Chapter, by the new owner or operator that:
(1) States that the new owner and/or operator has no immediate intent to
change the operations and processes of the permitted facility, premises, or
site;
(2) Identifies the specific date on which the transfer is to occur; and
(3) Acknowledges and agrees to assume full responsibility for complying with
the terms and conditions of the existing wastewater discharge permit(s)
and the requirements of these Rules and Regulations.
SEC. 6-29. GROUNDS FOR PERMIT SUSPENSION OR REVOCATION.
The Executive Director may suspend or revoke a wastewater discharge permit for good
cause, including, but not limited to, the following reasons:
31
r
(a) Failure to notify the Executive Director of significant changes to the wastewater
prior to the changed discharge;
(b) Failure to provide prior notification to the Executive Director of changed conditions
pursuant to SEC. 6-36 of these Rules and Regulations;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;
(d) Falsifying self -monitoring or other required documentation or reports;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the Executive Director timely access to the permittee's facility,
premises, site, and/or records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines or comply with any other terms or conditions imposed by lawful
order under these Rules and Regulations;
(i) Failure to pay charges imposed on the permittee under this Chapter or pursuant to
the Board's Schedule of Charges, as amended;
(j) Failure to meet compliance schedules;
(k) Failure to complete or to timely submit a wastewater survey/analysis or wastewater
discharge permit application;
(1) Failure to provide advance notice of the transfer of ownership or operation of a
permitted facility, premises, or site; or
(m) Violation of any pretreatment standard or requirement or of any terms of the
wastewater discharge permit or these Rules and Regulations or of any lawful order
issued pursuant to this Chapter.
SEC. 6-30. WASTEWATER DISCHARGE PERMIT REISSUANCE.
(a) A User with an expiring wastewater discharge permit shall apply for wastewater
discharge permit reissuance by submitting a complete permit application, in
accordance with ARTICLE IV of these Rules and Regulations, within (60) days
prior to the expiration of the User's existing permit.
(b) If the User submits an application in compliance with this Chapter and the failure
of the Executive Director to reissue a permit prior to the expiration of the previous
permit is not due to any act or omission of the User, then the expired permit shall
continue to be effective and enforceable until reissued or revoked.
32
SEC. 6-31. EXTRAJURISDICTIONAL USERS OR WASTE RECEIVED FROM OTHER
JURISDICTIONS.
(a) An extrajurisdictional user shall apply for a permit in accordance with this ordinance
at least ninety (90) days prior to discharging into the Airport's Wastewater System
or POTW.
(b) This section does not apply to extrajurisdictional users in jurisdictions which have
an agreement with the Airport Board pursuant to Section 6-31(d).
(c) A wastewater discharge permit issued to an extrajurisdictional user shall be in the
form of a contract, and must include, at a minimum, the components found in 40
CFR § 403.8(f)(1)(iii) and shall require the approval of the Airport Board. An
extrajurisdictional user shall agree to all the terms of this ordinance and the terms
of its wastewater discharging contract in accordance with the procedures set forth
in Section 6.26 of this ordinance prior to discharging into the POTW.
(d) A municipality which contributes wastewater to the POTW, shall enter into an
interlocal agreement with the Airport Board prior to contributing such wastewater.
(e) Prior to the Airport Board entering into an interlocal agreement as provided in
subsection A, the Airport Board may request the following information from the
contributing municipality:
(1) A description of the quality and volume of wastewater discharged to the
POTW by the contributing municipality;
(2) An inventory of all users located within the contributing municipality that are
discharging to the POTW; and
(3) Such other information as the Airport Board requires
ARTICLE VI.
REPORTING REQUIREMENTS.
SEC. 6-32. BASELINE MONITORING REPORTS.
(a) Deadlines for submission of reports
(1) Existing Categorical Users 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 Users subject to such categorical
pretreatment standards and currently discharging to or scheduled to
discharge to the POTW shall submit to the Executive Director a report
which contains the information listed in subsection (B), below.
(2) New Sources and New Categorical Users At least ninety (90) days prior to
commencement of discharge, New Sources and sources that become
categorical Users subsequent to the promulgation of an applicable
33
categorical standard, shall submit to the Executive Director a report which
contains the information listed in subsection (B), below. A New Source shall
report the method of pretreatment the source 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.
(b) Users described above shall submit the following information:
(1) Identifying Information. The name and address of the User, including the
location of its Airport site or premises and the name of the operator and
owner.
(2) Environmental Permits. A list of any environmental control permits held by
or for the User for or including its Airport location, facility, site, or premises.
(3) Description of Operations. A brief description of the nature, average rate of
production, and Standard Industrial Classifications of the operation(s)
carried out by such User. This description should include a schematic
process diagram that indicates points of discharge to the Airport
Wastewater System and/or the POTW from the regulated processes.
(4) Flow Measurement Information showing the measured or estimated
average daily and maximum daily flow, in gallons per day, to the Airport
Wastewater System and/or 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).
(5) 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 Executive Director, 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 procedures set out in
SEC. 6-41 of these Rules and Regulations.
(c) Sampling shall be performed in accordance with procedures set out
in SEC. 6-42 of these Rules and Regulations. Where the Standard
requires compliance with a BMP or pollution prevention alternative,
the User shall submit documentation as required by the Executive
Director or the applicable Standards to determine compliance with
the Standard.
(d) If discharge flow conditions are representative of daily operations,
the User shall take a minimum of one representative sample to
compile that data necessary to comply with the requirements of this
34
section. The Executive Director may require additional
representative sampling to be conducted.
(e) Representative samples should be taken immediately downstream
from pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to
pretreatment the User must measure the flows and concentrations
necessary to allow use of the combined wastestream formula in 40
CFR § 304.6(e) to evaluate compliance with Pretreatment
Standards.
(f) The Executive Director may allow the submission of a baseline
reportwhich utilizes only historical data so long as the data provides
information sufficient to determine the need for industrial
pretreatment measures.
(g) The baseline report shall indicate the time, date and place of
sampling and method of analysis, and shall certify that such
sampling and analysis is representative of normal work cycle and
expected pollutant discharges to the POTW.
(h) Sampling must be performed in accordance with procedures set out
in SEC 6.42 of this ordinance.
(6) Certification A statement, reviewed by an Authorized Representative of the
User 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 the pretreatment standards and
requirements.
(7) Compliance Schedule If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the User will provide such additional pretreatment and/or O&M. The
completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. A compliance
schedule pursuant to this section must meet the requirements set out in
SEC. 6-33 of these Rules and Regulations.
(8) Signature and Certification All baseline monitoring reports must be signed
and certified in accordance with SEC. 6-23 of these Rules and Regulations.
SEC. 6-33. COMPLIANCE SCHEDULE AND PROGRESS REPORTS.
The following conditions shall apply to any compliance schedule required by SEC. 6-
32(B)(7) of this Chapter:
(a) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required for the User to meet the applicable
35
pretreatment standards (e.g., hiring an engineer, completing preliminary and final
plans, executing contracts for major components, commencing and completing
construction, and beginning and conducting routine operation);
(b) No increment referred to in subsection (A) above shall exceed nine (9) months;
(c) The User shall submit a progress report to the Executive Director no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, at a minimum, whether or not the User complied with the
increment of progress, the reason for any delay, and, if appropriate, the steps being
taken by the User to return to the established schedule; and
(d) In no event shall more than nine (9) months elapse between such progress reports
to the Executive Director.
SEC. 6-34. REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT
STANDARD DEADLINE.
(a) Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, 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 Executive
Director a report containing the information described in SEC. 6-32(13)(4)-(13)(6) of
these Rules and Regulations.
(b) For Users subject to equivalent mass or concentration limits established in
accordance with the procedures in 40 CFR 403.6(c), this report shall contain a
reasonable measure of the User's long-term production rate.
(c) In cases where the Categorical Pretreatment Standard requires compliance with a
BMP or pollution prevention alternative, the User shall submit documentation as
required by the applicable Categorical Pretreatment Standard necessary to
determine the compliance status of the User.
(d) For all other Users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure of
operation), this report shall include the User's actual production during the
appropriate sampling period.
(e) All compliance reports must be signed and certified in accordance with SEC. 6-23
of these Rules and Regulations.
SEC. 6-35. PERIODIC COMPLIANCE REPORTS.
(a) All Significant Industrial Users shall, at a frequency determined by the Executive
Director but in no case less than twice per year submit a report containing at a
minimum:
el
(1) The nature and concentration of pollutants in the discharge which are
limited by pretreatment standards; and
36
(2) The measured or estimated average and maximum daily flows for the
reporting period. In cases where the Categorical Pretreatment Standard or
the Executive Director requires compliance with a BMP or pollution
prevention alternative, the User shall submit documentation as required by
the Executive Director or the applicable Categorical Pretreatment Standard
necessary to determine the compliance status of the User
(b) All periodic compliance reports shall be signed and certified in accordance with
SEC. 6-23 of these Rules and Regulations.
(c) All Non -Significant Categorical Industrial Users (NSCIUs) shall submit a report
annually in the month specified by the Executive Director. The report shall be
completed according to the Airport's current reporting requirements, including the
submittal of the applicable certification statement found in SEC 6-23 of these Rules
and Regulations
(d) All wastewater samples shall be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly operated,
kept clean, and maintained in good working order at all times. The
failure of a User to keep its monitoring facilities or equipment in good working order
shall not be grounds for the User to claim that sample results are unrepresentative
of its discharge.
(e) If a User subject to the reporting requirement in this section monitors any pollutant
more frequently than required by the Executive Director, the results of this
monitoring shall be included in the report.
(f) At the Executive Director's discretion, sampling and analysis may be performed by
the Board and/or Control Authority rather than by the User(s).
SEC. 6-36. REPORTS OF CHANGED CONDITIONS.
(a) Each User must notify the Executive Director of any planned significant changes
to the User's operations or system(s) which might alter the nature, quality, or
volume of User's wastewater, such notice to be provided in writing before the
change is made.
(b) The Executive Director may require the User to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of
a wastewater discharge permit application under SEC. 6-22 of these Rules and
Regulations.
(c) The Executive Director may issue a wastewater discharge permit under SEC. 6-25
or modify an existing wastewater discharge permit under SEC. 6-27 in response to
changed conditions or anticipated changed conditions.
(d) For purposes of this requirement, significant changes include, but are not limited
to, flow increases of twenty percent (20%) or greater and the discharge of any
previously unreported pollutants.
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SEC. 6-37. REPORTS OF ACCIDENTAL DISCHARGES OR POTENTIAL PROBLEMS.
(a) In the case of any discharge capable of causing problems for the POTW, including
without limitation upset, accidental discharges, discharges of a nonroutine,
episodic nature, a nonroutine batch discharge, or a slug load, the User shall
immediately telephone and notify the Executive Director and/or the Vice President
of the Board's Environmental Affairs Department (or other authorized
representative(s) designated by the Executive Director) and Control Authority of
the incident. This notification shall include the location of the discharge, type of
waste or substance, concentration and volume, if known, and corrective actions
taken by the User.
(b) Within five (5) days following such discharge, unless waived by the Executive
Director or the Vice President of the Board's Environmental Affairs Department (or
other authorized representative designated by the Executive Director, the User
shall submit a detailed written report which specifies:
(1) A description and cause of the discharge, including location of the
discharge, type, concentration and volume of water; and
(2) All measures taken or to be taken by the User to reduce, eliminate, and
prevent continuation or recurrence of such an upset, slug load, or
accidental discharge, spill, or similar occurrences.
(c) Such notification shall not relieve the User of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the Airport Wastewater
System, POTW, natural resources, or any other damage to person or property; nor
shall such notification relieve the User of any fines, penalties, or other liability which
may be imposed pursuant to these Rules and Regulations.
(d) A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees who to call in the event of a discharge
described in subsection (A) above. Employers shall ensure that all employees who
may cause or witness such a discharge are advised of the emergency notification
procedure.
(e) Significant Industrial Users must notify the Executive Director immediately of any
changes at their facilities affecting the potential for a Slug Discharge.
SEC. 6-38. REPORTS FROM NON -PERMITTED USERS.
All persons/Users conducting operations or business at the Airport, whether or not the
person/User has or is required to obtain a wastewater discharge permit, shall provide appropriate
reports to the Executive Director as the Executive Director may require.
SEC. 6-39. NOTIFICATION OF VIOLATION BASED ON SELF -MONITORING.
If monitoring, sampling, or wastewater analysis performed by or for a User indicates that
a violation of this Chapter or a permit issued to User under this Chapter has occurred, the User
shall:
38
(a) Inform the Executive Director and/or the Vice President of the Board's
Environmental Affairs Department (or, other authorized representative designated
by the Executive Director) of the violation within twenty-four (24) hours of the User's
becoming aware of the violation;
(b) Within thirty (30) days after becoming aware of the violation, unless waived by the
Executive Director or the Vice President of the Board's Environmental Affairs
Department (or other authorized representative designated by the Executive
Director), submit to the Executive Director or to the authorized representative
designated by the Executive Director a report that addresses:
(1) the time, date, location, processes, and operations associated with the
violation, and the personnel assigned responsibility and/or present during
the violation;
(2) the cause or probable cause of the noncompliance; and
(3) the actions taken and implemented to meet permit conditions;
(c) Repeat the sampling and pollutant analysis and submit to the Executive Director,
or to the authorized representative designated by the Executive Director, the
results of this repeat analysis within thirty (30) days after becoming aware of the
violation. The User is not required to resample if the Executive Director monitors
or performs sampling at the User's facility, premises, or site(s) at least once a
month, or if the Executive Director samples between the User's initial sampling and
the time when the User receives the results of this sampling.
SEC. 6-40. NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
(a) Pursuant to 40 CFR 403.12(p), any User who commences the discharge of
hazardous waste shall notify the Executive Director, the Control Authority, the EPA
Region VI Waste Management Division Director, and State hazardous waste
authorities, in writing, of any discharge into the POTW of a substance which, if
otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
(1) Such notification shall include the name of the hazardous waste as set forth
in 40 CFR Part 261, the EPA hazardous waste number, and the type of
discharge (continuous, batch, or other).
(2) If the User discharges more than 100 kilograms of such waste per calendar
month to the POTW, the notification also shall contain the following
information to the extent such information is known and readily available to
the User: an identification of the hazardous constituents contained in the
wastes, an estimation of the mass an concentration of such constituents in
the waste stream discharged during that calendar month, and an estimation
of the mass of constituents in the waste stream expected to be discharged
during the following twelve (12) months.
(3) All notifications shall take place no later than one hundred and eighty (180)
days after the discharge commences. Any notification under this
Subsection (A) need be submitted only once for each hazardous waste
39
discharged. However, notifications of changed conditions must be
submitted under SEC. 6-36 of these Rules and Regulations. The
notification requirement in this section does not apply to pollutants already
reported by Users subject to categorical pretreatment standards under the
self -monitoring requirements of SEC. 6-32, 6-33, and 6-34_of these Rules
and Regulations.
(b) A discharger is exempt from the requirements of subsection (A) during a calendar
month in which it discharges no more than fifteen (15) kilograms of hazardous
wastes, unless the wastes are acute hazardous wastes specified in 40 CFR
261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of non -
acute hazardous wastes in a calendar month, or of any quantity of acute hazardous
wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time
notification. Subsequent months during which the User discharges more than such
quantities of any hazardous waste do not require additional notification.
(c) In the case of any new regulations under Section 3001 of the Solid Waste Disposal
Act, 42 USC§§ 6901 et seq., as amended (also known as "RCRA"), identifying
additional characteristics of hazardous waste or listing any additional substance as
a hazardous waste, the User shall notify the Executive Director, the Control
Authority, the EPA Region VI Waste Management Waste Division Director, and
State hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
(d) In the case of any notification made under this Section, the User shall certify that it
has a program in place to reduce the volume and toxicity of hazardous wastes
generated to the degree it has determined to be economically practical.
(e) This Section does not create a right to discharge any substance not otherwise
permitted to be discharged by these Rules. and Regulations, a permit issued there
under, or any applicable federal or state law.
SEC. 6-41. ANALYTICAL REQUIREMENTS.
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed. in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR § 136 does not contain sampling or analytical techniques for
the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, then sampling and analyses shall be
performed by using validated analytical methods or any applicable sampling and analytical
procedures, including procedures suggested by the Executive Director, the EPA, TCEQ, or other
parties approved by EPA..
SEC. 6-42. SAMPLE COLLECTION.
(a) Except as indicated in paragraphs (b) and (c) of this section, the User must collect
wastewater samples using 24hour flow proportional composite sampling
techniques, unless time proportional composite sampling or grab sampling is
authorized by the Executive Director. Where time proportional composite sampling
or grab sampling is authorized by the Executive Director, the samples must be
40
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 24hour 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 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 Airport Board, as appropriate. In
addition, grab samples may be required to show compliance with Instantaneous r
Limits
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds shall be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90 day compliance
reports required in SEC 6-32 and 6-34 [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 does not exist; for facilities for which historical sampling data are
available, the Executive Director may authorize a lower minimum. For the reports
required by SEC 6-35 (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.
SEC. 6-43. DATE REPORTS DEEMED RECEIVED.
Written reports and other documents submitted to the Executive Director pursuant to these
Rules and Regulations or a permit or lawful order issued hereunder will be deemed to have been
submitted on the date postmarked. For reports or documents that are not mailed, postage prepaid,
into a mail receptacle serviced by the United States Postal Service, the date of actual receipt of
the document shall govern.
SEC. 6-44. RECORD -KEEPING REQUIREMENTS.
(a) Any and all Users subject to the reporting requirements of these Rules and
Regulations shall maintain, retain, and make available for inspection and copying
upon request by the Executive Director, the Control Authority and/or the Approval
Authority and at a single location, all records of information obtained pursuant to
or resulting from any monitoring activities required by these Rules and Regulations
and any additional records of information obtained pursuant to monitoring activities
undertaken by or for the User independent of such requirements.
(b) 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.
(c) These records shall remain available to the Board and/or Executive Director for a
period of at least three (3) years. This retention period shall be automatically
extended for the duration of any relevant litigation concerning the User or the
41
Board, its owner cities, and/or the Control Authority, or where the User has been
specifically notified of a longer retention period by the Executive Director.
ARTICLE VII.
COMPLIANCE MONITORING.
SEC. 6-45. RIGHT OF ENTRY: INSPECTION AND SAMPLING.
The Executive Director and/or the Control Authority, TCEQ, or EPA or their designated
representative(s) shall have the right to enter any User's facility, premises, or site on the Airport
to determine whether the User is complying with all requirements of these Rules and Regulations
and any wastewater discharge permit or order issued hereunder. Users shall allow all such
representatives ready access to all parts of the premises for the purposes of inspection,
observation, measurement, monitoring, testing, sampling, records examination and copying, and
the performance of any additional duties or activities the representative deems necessary.
(a) Where a User has security measures in force which require proper identification
and clearance before entry into its premises or site, the User shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the representatives of the Board, Control Authority, TCEQ
or EPA will be permitted to enter without. delay for the purposes of performing
specific responsibilities.
(b) The Executive Director and/or Control Authority shall have the right to set up or
install, or require installation of, on a User's/person's facility, premises, or site at
the Airport such devices as the Executive Director and/or Control Authority deem(s)
necessary to conduct sampling and/or metering of the User's/person's operations.
All such sampling and analysis performed by the Board and/or Control Authority to
monitor compliance shall be at the expense of the User, unless the Executive
Director determines otherwise.
(c) The Executive Director and/or Control Authority may require a User or any person
who occupies or leases any facility,, premises, or property at the Airport to install
monitoring equipment as the Executive Director and/or Control Authority deem(s)
necessary. The User's/person's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the User/person
at its own expense. All devices used to measure wastewater flow and quality shall
be calibrated at least annually to ensure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the facility,
premises, or site to be inspected and/or sampled shall be promptly removed by the
User or person who occupies or leases the subject property at the written or verbal
request of the Executive Director and/or Control Authority and shall not be
replaced. The costs of clearing such access shall be borne by the User or person
who occupies or leases the subject property.
(e) Unreasonable delays in allowing the Executive Director, Control Authority, TCEQ
or EPA access to a User's/person's facility, premises, or site at the Airport shall be
a violation of these Rules and Regulations.
42
{f) In accordance with 40 CFR § 403, the Executive Director shall inspect and monitor
each Significant Industrial User a minimum of once per year. If the Executive
Director elects to perform compliance monitoring for the Significant Industrial User
then the Executive Director will monitor the industry a minimum of semiannually.
(g) The Executive Director shall inspect each NSCIU a minimum of once per year. If
the Executive Director elects to perform compliance monitoring forthe NSCIU then
the Executive Director will monitor the industry a minimum of one time each permit
cycle.
SEC. 6-46. SEARCH WARRANTS.
If the Executive Director and/or Control Authority has been refused access to a building,
structure, or property, or any part thereof, and is able to demonstrate probable cause to believe
that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as
part of a routine inspection and sampling program of the Board designed to verify compliance with
these Rules and Regulations or any permit or order issued hereunder, or to protect the overall
public health, safety and welfare of the community, then the Executive Director and/or Control
Authority may seek issuance of a search warrant from an appropriate court.
ARTICLE Vill.
CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION.
SEC. 6-47. INFORMATION AVAILABLE TO PUBLIC.
Information and data on a User obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from related
inspection and sampling activities, shall be available to the public without restriction, unless the
User or person furnishing or claiming ownership or control of such information or data specifically
requests, and is able to demonstrate to the satisfaction of the Board and/or the Attorney General
of the State of Texas, that the release of such information would divulge information, processes,
or methods of production entitled to protection as trade secrets under the Texas Public Information
Act or other applicable law.
SEC. 6-48. CLAIM OF CONFIDENTIALITY.
A person making an assertion of confidentiality must do so at the time the information or
data is submitted, as follows:
(a) A cover sheet, stamped or typed legend, or other form of written notice shall be
placed on or attached to the information, denoting it as "trade secret,"
"proprietary," or "confidential."
(b) If only portions of a document are alleged to be confidential, such portions shall be
clearly identified, and may be submitted separately to facilitate handling and
identification by the Executive Director or his designated representatives.
- (c) If the submitter wants the information to remain confidential only to a certain date
or until the occurrence of a certain event, this shall also be clearly stated.
43
SEC. 6-49. AVAILABILITY FOR GOVERNMENTAL AND JUDICIAL USE.
All submitted information will be made available promptly upon request to governmental
agencies or appropriate judicial or court officers for uses related to the Control Authority's or
Board's TPDES permits, programs or pretreatment program, and in enforcement proceedings
involving the User or person furnishing the information.
SEC. 6-50. EFFLUENT DATA NOT CONFIDENTIAL.
Wastewater constituents and characteristics and other "effluent data" as defined by 40
CFR 2.302 will not be recognized as confidential information and will be available to the public
without restriction.
ARTICLE IX.
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
SEC. 6-51. PUBLICATION OF USERS 1N SIGNIFICANT NONCOMPLIANCE.
In accordance with 40 CFR Part 403.8(f)(2)(viii)(A-H). the Executive Director shall publish
annually, in a newspaper of general circulation that provides meaningful public notice within the
jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve
(12) months, were in significant noncompliance with applicable pretreatment standards and
requirements. For purposes of this Section, the term significant noncompliance shall mean:
a
(a) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of wastewater measurements taken during a six
month period exceed the daily maximum limit or average limit for the same
pollutant parameter by any amount;
(b) 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-month period equals or exceeds the product of the daily
maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD,
TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) Any other discharge violation that the Executive Director has caused, alone or in
combination with other discharges, interference or pass through, including
endangering the health of POTW or Board personnel or the general public;
(d) Any discharge of pollutant(s) that has caused imminent endangerment to the public
or to the environment or has resulted in the Executive Director exercise of its
emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining final
compliance;
44
(f) Failure to provide within forty-five (45) days after the due date, any required
reports, such as baseline monitoring reports, reports on compliance with
categorical pretreatment standard deadlines, periodic self -monitoring reports, and
reports on compliance with compliance schedules.
(g) Failure to accurately report noncompliance; or
(h) Any other violation(s) which may include a violation of Best Management Practices,
which the Executive Director determines will adversely affect the operation or
implementation of the local pretreatment program.
ARTICLE X.
ADMINISTRATIVE ENFORCEMENT REMEDIES.
SEC. 6-52. NOTICE OF VIOLATION.
(a) When the Executive Director finds that any person has violated, or continues to
violate, any provision of this Chapter or any wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement, the
Executive Director may issue or cause to be issued to such person a written Notice
of Violation (NOV).
(b) Within the time frame specified in the NOV which is usually, but not always, not
later than the tenth day after receipt of the notice, the person issued the notice of
violation ("violator") shall submit to the Executive Director or his designated
representative, as indicated by the notice of violation, an explanation of the
violation and a plan for the satisfactory correction and prevention of a reoccurrence
of the violation. Such plan shall include specific actions to be taken by the violator.
(c) If the violator denies that any violation occurred, or contends that no corrective
action is necessary, he shall submit to the Executive Director or his designated
representative, as indicated by the notice of violation, no later than the date
specified in the NOV, a written explanation of the basis of any such denial or
contention.
(d) Submission of an explanation and/or plan in no way relieves a person of liability for
any violations occurring before or after receipt of the notice of violation.
(e) Issuance of a notice of violation shall not be a bar against, nor a prerequisite for,
taking any other action against a violator.
SEC. 6-53. CONSENT ORDER.
(a) The Executive Director may enter into a consent order, assurance of voluntary
compliance, or similar agreement with any person responsible for a noncompliance
with any provision of this Chapter or any permit or lawful order issued hereunder.
(b) Such agreement may include specific action to be taken by the violator to correct
the noncompliance within a time period specified by the agreement.
45
(c) Such agreements have the same force and effect as compliance orders and shall
be judicially enforceable.
(d) Issuance of a consent order shall not be a bar against, nor a prerequisite for, taking
any other action against a violator.
SEC. 6-54. SHOW CAUSE HEARING.
(a) The Executive Director may order any person or User who has violated or who
continues to violate any provision of this Chapter or any wastewater discharge
permit or order issued hereunder, or any other applicable pretreatment standard
or requirement, to appear before the Executive Director and show cause why a
proposed enforcement action should not be taken.
(b) Notice of the show cause hearing shall be served on the person or User specifying
the time and place for the meeting, the proposed enforcement action, the reasons
for such action, and a request that the User show cause why the proposed
enforcement action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested) at least ten
(10) days prior to the hearing. If the hearing is rescheduled for any reason, a
revised notice shall be served at least three (3) days prior to the rescheduled
hearing date. Such notice may be served on any authorized representative of the
person or User.
(c) A show cause hearing shall not be a bar against, or a prerequisite for, taking any
other action against a person or User.
SEC. 6-55. COMPLIANCE ORDER.
(a) When the Executive Director finds that any person has violated, or continues to
violate, any provision of this Chapter, any permit or lawful order issued hereunder,
or any other applicable pretreatment standard or requirement, the Executive
Director may issue a compliance order to such person or User, directing it to come
into compliance within a specified time limit. If the person or User does not come
into compliance within the time provided, the person's/User's sewer service may
be discontinued unless adequate treatment facilities, devices, or' other related
appurtenances are installed and properly operated.
(b) Compliance orders may contain other requirements to address noncompliance,
including additional management practices and self -monitoring to minimize the
amount of pollutants discharged.
(c) A Compliance order may not extend the deadline for compliance established by a
state or federal standard or requirement.
(d) A Compliance order shall not relieve a person or User of liability for any violation,
including any continuing violation.
(e) A person or User receiving a compliance order may file a written notice of appeal
with the Executive Director or his designated representative, as indicated by the
46
compliance order, no later than the tenth day after receipt of the order. Such notice
of appeal shall include an explanation as to why the person believes the
enforcement action should not be taken.
(f) Issuance of a compliance order shall not be a bar against, nor a prerequisite for,
taking any other action against a person or User.
SEC. 6-56. CEASE AND DESIST ORDER.
(a) Whenever the Executive Director finds that any person or User has violated, or
continues to violate, any provision of this Chapter, or any wastewater discharge
permit or order issued hereunder, or any other applicable pretreatment standard
or requirement, or finds that the User's/person's past violations are likely to recur,
the Executive Director may issue an order to such person/User directing it to cease
and desist all such violations and directing the User to:
(1) immediately comply with all requirements; and
(2) take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
(b) Issuance of a cease and desist order shall not be a bar against, or a prerequisite
for, taking any other action against a person or User.
SEC. 6-57. STOP WORK ORDER.
(a) Whenever the Executive Director finds that any person or User who has been
issued a construction permit by the Airport Board or who operates or has day-to-
day control of a construction site at the Airport has violated, or continues to violate,
any provision of this Chapter, or any wastewater discharge permit or order issued
there under, the Executive Director may cause a stop work order to be issued to
the person or User, to be posted at the construction site or other location specified
in the order, and to be distributed to all Board departments and divisions whose
decisions affect any construction permit or activity at the affected site(s).
(b) Unless express written exception is made by the Executive Director, the stop work
order shall prohibit any further construction or related activity at the site and shall
bar any further inspection or approval by the Board associated with any Board
permit or any other Board approval necessary to commence or continue
construction or to assume occupancy at the permitted location or site.
(c) A person or User receiving a stop work order under this Section may file a written
notice of appeal with the Executive Director or the person who authorized issuance
of the order, as indicated by the order, no later than the tenth day after receipt of
the stop work order. Such notice shall include an explanation as to why the person
or User believes the enforcement action should not be taken.
(d) Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking
any other action against a person or User.
47
SEC. 6-58. EMERGENCY SUSPENSION OF WATER UTILITY SERVICE AND/OR
ACCESS TO WASTEWATER SYSTEM.
(a) The Executive Director may immediately and without hearing suspend a User's
Board provided water utility service and/or access to the Airport Wastewater
System whenever such suspension is necessary in the opinion of the Executive
Director to stop an actual or threatened discharge that reasonably appears to:
(1) Present or cause imminent or substantial danger to the environment or to
the health or welfare of persons;
(2) Present or cause imminent or substantial danger to the POTW; or
(3) Cause or threaten to cause pass through or interference with the operation
of the POTW.
(b) If time permits, the Executive Director should notify the User prior to the
suspension.
(c) As soon as practicable after the suspension of the water utility service and/or
access to the Airport Wastewater System, the Executive Director shall notify the
User of the suspension in person or by certified mail, return receipt requested.
Such notice may be provided, but shall not be required, if the User was notified
prior to the suspension as provided in Subsection (B) above.
(d) Any User notified of a suspension of its water utility service and/or access to the
Airport Wastewater System shall immediately stop or eliminate its contribution. In
the event of a User's failure to comply immediately and voluntarily with the
suspension order, the Executive Director may take such steps as deemed
necessary to prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. Such steps may include immediate severance of
the User's water service and sewer connection.
(e) The User shall not recommence its water utility service and/or discharge to the
Airport Wastewater System until the Executive Director so authorizes and:
(1) The User presents proof satisfactory to the Executive Director that the
noncompliant discharge has ceased;
(2) The User presents proof satisfactory to the Executive Director that the .
conditions creating the threat of imminent or substantial clanger have been
eliminated and the period of endangerment has passed;
(3) The User pays the Board for all costs incurred by the Board in responding
to the discharge or threatened discharge, unless all or part of such payment
is waived by the Executive Director-; and
(4) The User pays the Board for all costs the Board will incur in reinstating
services, unless all or part of such payment is waived by the Executive
Director.
48
(f) A User may appeal a suspension under this Section in accordance with the appeal
procedures as provided in this Chapter. The remedies provided by this Section are
in addition to any other remedies set out in this Chapter. Exercise of this remedy
shall not be a bar against nor a prerequisite for, taking other action against a
violator.
SEC. 6-59. NON -EMERGENCY TERMINATION OF WATER UTILITY SERVICE AND/OR
ACCESS TO WASTEWATER SYSTEM.
(a) A User who violates any of the following conditions is subject to the termination of
its Board provided water utility service and/or access to the Airport Wastewater
System-
(1) Violation of wastewater discharge permit conditions or any lawful order of
the Executive Director, including without [imitation any order under
ARTICLE X;
(2) Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the User's premises for the purpose of
inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards of this Chapter.
(b) The User will be notified of the proposed termination of its water utility service
and/or access to the Airport Wastewater System and be offered an opportunity to
show cause under SEC. 6-54 of this Chapter why the proposed action should not
be taken.
(c) The User shall not recommence its water utility service and/or discharge to the
Airport Wastewater System until the Executive Director so authorizes and:
(1) The User presents proof satisfactory to the Executive Director that the
noncompliant discharge has ceased;
(2) The User presents proof satisfactory to the Executive Director that the
conditions creating the threat of imminent or substantial danger have been
eliminated and any period of endangerment has passed;
(3) The User pays the Board for all costs the Board will incur in reinstating
services, unless all or part of such payment is waived by the Executive
Director.
(d) Exercise of this option by the Executive Director shall not be a bar to, or a
prerequisite for, taking any other action against the User.
SEC. 6-60. ADMINISTRATIVE FINES.
49
(a) The Executive Director shall have the authority to levy one or more administrative
fines against a person, User, or permittee who violates any provision of these Rules
and Regulations or any wastewater discharge permit or order issued pursuant to
this Chapter.
(b) Administrative fines under this Chapter shall be established in accordance with,
and provided in, the Schedule of Charges as amended.
(c) Delinquent or past due fines shall constitute cause for the Executive Director to
immediately suspend any wastewater discharge permit or other written
authorization of any person/User issued under this Chapter until such fines are
paid in full and/or to take any other legal action deemed necessary to recover
delinquent or past due fines.
ARTICLE XI.
JUDICIAL ENFORCEMENT REMEDIES.
SEC. 6-61. INJUNCTIVE RELIEF.
Whenever the Executive Director finds that a person or User has violated, or continues to
violate, any provision of this Chapter, a wastewater discharge permit, or an order issued
hereunder, or any other pretreatment standard or requirement, the Executive Director may petition
an appropriate Court through the Board's legal counsel for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirement imposed by these Rules and
Regulations on activities of the person or User. The Executive Director may also seek such other
action as is appropriate for legal and/or equitable relief, including a requirement for the person or
User to conduct environmental remediation. A petition for injunctive relief shall not be a bar
against, or a prerequisite for, taking any other action against a person or User.
SEC. 6-62. CIVIL PENALTIES.
(a) A person or User who has violated, or continues to violate, any provision of this
Chapter, a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement shall be liable to the Board for a maximum
civil penalty of One Thousand Dollars ($1,000.00) per violation, per day. In the
case of a monthly or other long term average discharge limit, penalties shall accrue
for each day during the period of the violation.
(b) The Board may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement of this Chapter, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the Board,
including without limitation costs of response, remediation, abatement, or
restoration incurred by the Board, as allowed under state or federal laws, or at
common law.
(c) In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused by
the violation, the magnitude and duration of the violation, any economic benefit
50
gained through the person's/User's violation, corrective actions by the person or
User, the compliance history of the person or User, and any other factor as justice
requires.
(d) Filing a suit for civil penalties or other remedies shall not be a bar against, or a
prerequisite for, taking any other action against a person or User.
SEC. 6-63. CRIMINAL PROSECUTION.
(a) Criminal Offenses
(1) A person commits an offense if the person violates, or causes or permits
another person to violate, or assists in the commission of a violation of, any
applicable provision of this Chapter, a wastewater discharge permit, or
order issued hereunder, or any other pretreatment standard or
requirement.
(2) A person commits an offense if the person leases, operates, manages,
occupies, is in control of, or has a permit to use any facility, premises, or
site at the Airport and there occurs a discharge from such location to the
POTW and/or Airport Wastewater System in violation of this Chapter, a
permit or order issued pursuant to this Chapter, or any pretreatment
standards or requirements.
(3) A person commits an offense if the person leases, operates, manages,
occupies, is in control of, or has a permit to use any facility, premises, or
site at the Airport and fails to make any report to the Executive Director as
required by this Chapter or a permit or order issued pursuant to this
Chapter.
(4) A person commits an offense if the person introduces or causes to be
introduced any substance into the Airport Wastewater System and/or the
POTW that causes personal injury or property damage. Prosecution of a
person under this subsection (D) shall not be a bar against, or a
prerequisite for, any other cause of action for personal injury or property
damage available under federal or state law.
(5) A person commits an offense if the person makes any false statements,
representations, or certifications in any application, record, report, plan, or
other documentation filed, or required to be maintained, pursuant to this
Chapter or any permit or order issued hereunder, or if the person falsifies;
tampers with, or renders inaccurate any monitoring device or method
required under this Chapter.
(b) Criminal Penalties
(1) A person, who violates any provision of this Chapter, or any term or
condition of any permit or order issued hereunder, is guilty of a separate
offense for each day or portion of a day during which the violation is
continued. Each offense is punishable by a fine not to exceed Two
Thousand Dollars ($2,000.00) or the maximum allowable by law; provided,
51
however, that where the offense is one for which a penalty is otherwise
fixed by state or federal law, such law shall govern, if either is exclusive.
(2) A culpable mental state is not required for commission of an offense under
this Chapter unless the provision defining the conduct expressly requires a
culpable mental state.
(3) Prosecution for an offense under this SEC. 6-63 does not preclude the use
of other enforcement remedies or procedures applicable to the person
charged with, or the conduct involved in, the offense.
ARTICLE XII.
SUPPLEMENTAL ENFORCEMENT ACTION.
SEC. 6-64. PERFORMANCE BONDS.
The Executive Director may decline to issue or reissue a wastewater discharge permit to
any User who has failed to comply with any provision of this Chapter, a previous wastewater
discharge permit, or order issued pursuant to this Chapter, or any other pretreatment standard or
requirement, unless such User first files a satisfactory bond, payable to the Board, in a sum not
to exceed a value determined by the Executive Director to be necessary to achieve consistent
compliance.
SEC. 6-66. LIABILITY INSURANCE.
The Executive Director may decline to issue or reissue a wastewater discharge permit to
any User who has failed to comply with any provision of this Chapter, a previous wastewater
discharge permit, or order issued pursuant to this Chapter, or any other pretreatment standard or
requirement, unless the User first submits proof that it has obtained financial assurances sufficient
to restore or repair damage to the POTW and/or Airport Wastewater System caused by its
discharge.
SEC. 6-66. APPLICABILITY OF MORE STRINGENT REGULATIONS.
A. More Stringent Discharge Limits. If national pretreatment standards, categorical or
otherwise, more stringent than the discharge limits prescribed in this article are promulgated by
the United States Environmental Protection Agency for certain industries, the more stringent
national pretreatment standards will apply to the affected industrial user. A violation of the more
stringent national pretreatment standards will also be considered a violation of this ordinance.
B. Applicability of More Stringent Discharge Limits. An industrial user within the
Airport who discharges industrial waste ultimately received and treated by another governmental
entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the Airport
Board
(1) If the governmental entity has more stringent discharge limits than those
prescribed by this ordinance, or by a discharge permit issued hereunder, because the United
States Environmental Protection Agency requires the more stringent discharge limits as part of
the governmental entity's wastewater pretreatment program, the more stringent discharge limits
shall prevail.
52
(2) The Executive Director is authorized to issue a discharge permit to an industrial
user affected by Subsection (1), to ensure notice of and compliance with the more stringent
discharge limits. If the industrial user already has a discharge permit, the Executive Director may
amend the permit to apply and enforce the more stringent discharge limits. An industrial user
shall submit to the Executive Director an expected compliance date and an installation schedule
if the more stringent discharge limits necessitate technological or mechanical adjustments to
discharge facilities or plant processes.
(3) If the Executive Director chooses not to issue or amend a permit under Subsection
(2), the Executive Director shall notify the affected industrial user in writing of the more stringent
discharge limits and their effective date. Regardless of whether or not a permit is issued or
amended, an industrial user shall be given a reasonable opportunity to comply with the more
stringent discharge limits.
(4) The more stringent discharge limits cease to apply upon termination of the Airport
Board's wholesale wastewater contract or reciprocal agreement with the governmental entity, or
upon modification or elimination of the limits by the government entity or the United States
Environmental Protection Agency. The Executive Director shall take the appropriate action to
notify the affected industrial user of an occurrence under this Subsection (4).
C. Variances in Compliance Dates. The Executive Director may grant a variance in
compliance dates to an industry when, in the Executive Director's opinion, such action is
necessary to achieve pretreatment or corrective measures. In no case shall the Executive
Director grant a variance in compliance dates to an industry affected by national categorical
pretreatment standards beyond the compliance dates established by the United States
Environmental Protection Agency.
D. Authority to Regulate. The Executive Director may establish regulations, not in
conflict with this ordinance or other laws, to control the disposal and discharge of industrial waste
into the wastewater system and to ensure compliance with the Airport Board's pretreatment
enforcement program with all applicable pretreatment regulations promulgated by the United
States Environmental Protection Agency. The regulations established shall, where applicable, be
made part of any discharge permit issued to an industrial user by the Executive Director
ARTICLE XIII.
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS.
SEC. 6-67. ACT OF GOD.
In an action brought in municipal or state court only:
(a) An event that would otherwise be a violation of this Chapter that is caused solely
by an act of God, war, strike, riot, or other catastrophe is not a violation.
(b) In any enforcement proceeding, the person or User seeking to establish the
occurrence of an Act of God, war, strike, riot, or other catastrophe shall have the
burden of proof.
53
(c) If a person or User against whom enforcement action is sought establishes that
the requirements of this SEC. 6-68 are satisfied, the person/User shall control
production of all discharges to the extent necessary to maintain compliance with
pretreatment standards upon reduction, loss, or failure of its treatment facility until
the facility is restored or an alternative method of treatment is provided.
SEC. 6-68. PROHIBITED DISCHARGE STANDARDS.
A person or User shall have an affirmative defense to an enforcement action brought
against it for alleged noncompliance with the general prohibitions in SEC. 6-6(A) of this Chapter
or any specific prohibition(s) in SEC. 6-6(B)(3), (4), (5), (6), or (7), if the User/person can prove
that it did not know, or have reason to know, that its discharge, alone or in conjunction with
discharges from other sources, would cause pass through or interference, and that either.
(a) A local limit exists for each pollutant discharged and the User/person was in
compliance with each limit directly prior to, and during, the pass through or
interference; or
(b) No local limit exists for the pollutant(s) discharged, but the User's/person's
discharge activity directly prior to and during the Pass Through or Interference did
not change substantially in nature or constituents from the User'slperson's prior
discharge when the POTW was regularly in compliance with the POTVV's TPDES
permit requirements and, in the case of interference, was in compliance with
applicable sludge use or disposal requirements.
SEC.6-69. BYPASS.
(a) For the purposes of this Section, "Bypass" shall have the meaning set forth in SEC.
6-4 of this Chapter.
(b) A person or User may allow any Bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of paragraphs (C) through (F) of this Section.
(c) If a User knows in advance of the need for a Bypass, it shall submit prior notice to
the Executive Director, at least ten (1 0) days before the date of the Bypass, if
possible.
(d) A User shall submit oral notice to the Executive Director of an unanticipated Bypass
that exceeds applicable pretreatment standards within twenty-four (24) hours from
the time the User becomes aware of the Bypass. A written submission shall also
be provided within five (5) days of the time the User becomes aware of the Bypass.
The written submission shall contain a description of the Bypass and its cause; the
duration of the Bypass, including exact dates and times, and, if the Bypass has not
been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the Bypass. The
Executive Director may waive the written report on a case -by -case basis if the oral
report has been received within twenty-four (24) hours, as required above.
54
(e) Bypass is prohibited, and the Executive Director may take enforcement action(s)
against a person or User for a Bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe
property damage;
(2) There were no feasible alternatives to the Bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have been installed in the
exercise of reasonable engineering judgment to prevent a Bypass which
occurred during normal periods of equipment downtime or preventive
maintenance; and
(3) The person or User submitted notices as required under subsection (B) of
this Section.
(f) The Executive Director may approve an anticipated Bypass, after considering its
adverse effects, if the Executive Director determines that the Bypass will meet the
three conditions listed in paragraph (E)(1) of this Section.
ARTICLE XIV.
FEES AND CHARGES.
SEC. 6-70. FEES AND CHARGES.
(a) The Board may adopt reasonable fees for reimbursement of costs, of implementing
and operating the Board's and/or the Control Authority's pretreatment program
and/or may adopt reasonable charges in connection with the administration and
enforcement of these Rules and Regulations. Such fees or charges may be
imposed as deemed appropriate or necessary by the Board and may include:
(1) Fees for wastewater discharge permit applications, including the cost of
processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures, including the
cost of collection, sampling, testing, and/or analysis of a User's/person's
discharge, and reviewing reports submitted by Users;
(3) Fees for reviewing and responding to accidental discharge/slug control
plans and procedures, construction applications, tenant alteration
applications, or similar applications or activities;
(4) Fees for filing appeals;
(5) Fees or surcharges for treating abnormal strength wastes or wastewater,
including without limitation an industrial surcharge in addition to regular
water and sewer rates that may be imposed upon any User(s) responsible
55
for industrial waste(s) whose admission into the POTW has been approved
by the Executive Director;
(6) Fees incurred by the Board and/or Control Authority in connection with an
upset, bypass, or unauthorized discharge;
(7) Additional costs incurred by the Board and/or Control Authority in
transporting or treating wastes or wastewater;
(8) Costs associated with disconnection/reconnection of a User's/person's
water utility service and/or access to the Airport Wastewater System
resulting from that User's/person's noncompliance with these Rules and
Regulations;
(9) Fees and costs incurred by the Board and/or Executive Director in pursuing
any enforcement action resulting from a User's/person's noncompliance
with these Rules and Regulations or any order or permit issued hereunder;
(10) Other fees as the Board and/or Executive Director may deem necessary to
carry out the requirements contained in these Rules and Regulations.
(b) Fees or charges under this Chapter shall be set out in the Board's Schedule of
Charges and shall be paid in a manner prescribed by the Executive Director. The
fees provided for in this Chapter relate solely to the matters covered by these Rules
and Regulations and are separate from all other fees, fines, and penalties
chargeable by the Board. No refund of fees collected pursuant to this Chapter shall
be made.
SEC. 6-71. INDUSTRIAL SURCHARGE.
(a) The Board may charge Users an industrial surcharge for the treating of abnormal
strength wastes. Water or wastes having
(1) a five-day biochemical oxygen demand greater than two hundred fifty (250)
parts per million (ppm) by weight or
(2) containing more than two hundred fifty (250) parts per million by weight of
total suspended solids shall be subject to the review and approval of the
Executive Director. Where the Executive Director has approved the
admission of items (1) or (2) above into the Airport Wastewater System
and/or the POTW, that discharge may be subject to a surcharge as
determined by the Executive Director. In no case shall a discharge be
accepted that will prevent the POTW from meeting its permitted limits.
(b) Any surcharge under this Chapter may be assessed for any month(s) according to
a formula set out in the Schedule of Charges. Imposition of a surcharge shall not
constitute a variance to the requirements of these Rules and Regulations nor serve
as a bar to, or a prerequisite for, taking any other action against the User.
ARTICLE XV.
56
MISCELLANEOUS PROVISIONS.
SEC.6-72. APPEALS.
(a) If the Executive Director denies issuance or renewal of a wastewater discharge
permit or suspends or revokes a wastewater discharge permit as provided in
ARTICLE V of this Chapter, or issues a compliance order or other order as
provided in ARTICLE X of this Chapter, the action is final unless, within ten days
from the date of receiving the written notice of the action, the affected applicant or
User files an appeal, in writing, with the Executive Director specifying the reasons
for the appeal.
(b) The Executive Director shall establish an appeal and hearing procedure that will
give the appealing party an opportunity to present evidence and make argument.
The formal rules of evidence do not apply to an appeal hearing under this Section,
and the ruling shall be based on a preponderance of evidence presented at the
hearing.
(c) The decision rendered through the Board's appeal and hearing procedure is final.
(d) The effect of a compliance order, stop work order, or cease and desist order shall
be stayed pending the Executive Director's any appeal and decision thereon,
unless the Executive Director expressly makes a written determination to the
contrary. The effect of an emergency suspension of water utility service and/or
wastewater system access under SEC. 6-58 shall not be stayed pending the
Executive Director decision following any appeal hearing, unless the Executive
Director expressly and in writing stays the emergency order.
SEC. 6-73. EFFECTIVE DATE.
These Rules and Regulations shall be in full force and effective Ten (10) days after the
date of final approval.
57
Chapter S_
Wastewater Pretreatment and Discharge Rules and Regulations_
ARTICLE I.
GENERAL PROVISIONS._
Sec. 6-1. Purpose and Policy.
Sec. 6-2. Authority for Implementation and Enforcement.
Sec.6-3. Abbreviations.
Sec.6-4. Definitions.
Sec. 6-5. incorporation of Federal and State Statutes Rules and
Regulations.
ARTICLE II. -
DISCHARGE PROHIBITIONS AND LIMITS,
Sec. 6-6. Prohibited Discharges.
Sec. 6-7. National Categorical Pretreatment Standards.
Sec. 6-8. Local Limits.
Sec. 6-9. Right to Establish Regulations or More Stringent Requirements.
Sec. 6-10. Amlicability of More Strinqent Requlations or Discharge Limits.
Sec. 6-11. Variances in Compliance Dates
Sec. 6-12. Dilution Prohibited.
Sec. 6-13. BOD or TSS Loading
ARTICLE III.
PRETREATMENT OF WASTEWATER._
Sec. 6-14. —Pretreatment Facilities.
Sec. 6-15. Additional Pretreatment Measures,
Sec. 6-16._ Accidental Discharge/Slug Control Plans.
Sec. 6-17.- Hauled Septage or Industrial Waste._
Effective Date n"aFeh 1, 29
ARTICLE IV.
PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS._
Sec. 6-18. Wastewater Analysis.
Sec. 6-19. Wastewater Discharge Permit Required.
Sec. 6-20. Permits for Existing Sources.
Sec. 6-21. Permits for New Sources,
Sec. 6-22. Permit Application Process.
Sec. 6-23. Signatories and Certification Requirements.
'Sczr, 6 1S2 111Iry iJ;t,-. A0Attpr-A-nals_`pv's.
R 1 Q ast& ate-r rli
�'Erv-ram .7t��va-cc�--��'r� -
Stan 6- m i4c for Evici_t]n Sources.
er, 65-24 Permits for,,I,�.,l{oar_ Sources
r, 6_22. rmit'-AppliGatie-n-nr� o eso,..
S----. 6 23. - Signato ies and GertifiGatinn Reg .rements.
ARTICLE V.
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS._
Sec. 6-24. Wastewater Discharge Permit Decisions.
Sec. 6-25. Wastewater Discharge Permit Duration.
Sec.
6-26.
Wastewater Discharge Permit Contents.
Sec. 6-27.
Wastewater Discharge Permit Modification
Sec.
6-28.
Wastewater Discharge Permit Transfer.
Sec.
6-29.
Grounds for Permit Suspension or Revocation
Sec
6-30.
Wastewater Discharge Permit Re -Issuance
Sec.
6-31.
Extra Jurisdictional Users or Waste Received From Other
Jurisdictions.
ARTICLE VI.
REPORTING REQUIREMENTS.
Sec.
6-32.
Baseline Monitoring Reports.
Sec.
6-33.
Compliance Schedule and Progress Reports.
2
Sec. 6-34. Reports on Compliance with Categorical Pretreatment Standard
Deadline.
Sec.
6-35.
Periodic Compliance Reports__
Sec.
6-36.
Reports of Changed Conditions_
Sec.
6-37.
Reports of Accidental Discharges or Potential Problems.
Sec.
6-38.
Reports from Non -Permitted Users.
Sec.
6-39.
Notifications of Violation Based on Self -Monitoring.
Sec.
6-40.
Notification of The Discharge of Hazardous Waste.
Sec.
6-41.
Analytical Requirements,
Sec.
6-42.
Sample Collection.
Sec. 6-43.
Date Reports Deemed Received.
Sec.
6-44.
Record -Keeping Requirements.
ARTICLE VII.
COMPLIANCE MONITORING.
Sec.
6-45.
Right of Entry: Inspection and Sampling.
Sec. 6-46.
Search Warrants.
3
'-xs
■-
4
ARTICLE VIII._
CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION._
Sec. 6-47 4€-
Information Available to Public.
Sec. 6-48. 47-.
Claim of Confidentiality._
Sec. 6-49. 4&-.
Availability for Governmental and Judicial Use.
Sec. 6-50.
49. Effluent Data Not Confidential.
ARTICLE IX._
PUBLICATION
OF USERS IN SIGNIFICANT NONCOMPLIANCE._
Sec. 6-51. 50
Publication of Users in Significant Noncompliance._
ARTICLE X.
ADMINISTRATIVE
ENFORCEMENT REMEDIES._
Sec. 6-52.
Notice of Violation.
Sec. 6-51
Consent Order.
Sec. 6-54,
Show Cause Hearing.
Sec. 6-55.
Compliance Order,
Sec. 6-56.
Cease and Desist Order.
Sec. 6-57.
Stop Work Order.
5
a
Sec. 6-58. 57--Emergency Suspension of Water Utility Service and/or Access
to Wastewater System._
Sec. 6-59. 6B- Non-lmergency Termination of Water Utility Service and/or
Access to Wastewater System._
Sec. 6-60. 54 Administrative Fines.
ARTICLE XI._
JUDICIAL ENFORCEMENT REMEDIES._
Sec. 6-61.
69:
Injunctive Relief.
Sec. 6-62.
64,
Civil Penalties.
Sec. 6-63.
6—x-.
Criminal Prosecution.
ARTICLE XII.
SUPPLEMENTAL ENFORCEMENT ACTION._
Sec. 6-64.
63-
Performance Bonds.
Sec. 6-65.
94
Liability Insurance._
Sec. 6-66.
AwAcability of More Strinoent Regulation
ARTICLE XIII._
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS._
Sec. 6-67. Act of God.
Sec. 6-68. Prohibited Discharge Standards.
Sec.6-69. Bypass,
ARTICLE XIV.
FEES AND CHARGES.
Sec. 6-70. Fees and Charges.
Sec. 6-71. Industrial Surcharge.
ARTICLE XV.
MISCELLANEOUS PROVISIONS.
Sec.6-72. Appeals.
Sec. 6-73. Effective date.
7
A R T I G 1- E X-V-.
0
ARTICLE I.
GENERAL PROVISIONS._
SEC. 6-I.-PURPOSE AND POLICY.
(a) These Rules and Regulations set forth uniform requirements for users of the
Airport Wastewater System and the Publicly Owned Treatment Works
("POTW') serving the Dallas -Fort Worth International Airport and enable the
Board and the POTW to comply with applicable federal and state laws,
including the Federal Water Pollution Control Act, as amended by the Clean
Water Act, as amended (33 United States Code § 1251 et seq.), and the
General Pretreatment Regulations of 40 Code of Federal Regulations Part
403.
(b) The objectives of these Rules and Regulations are:_
(1) To prevent the introduction of pollutants into the POTW that will
interfere with its operation;_
(2) To prevent the introduction of pollutants into the POTW that will pass
through the POTW, inadequately treated, into receiving waters, or
otherwise be incompatible with the POTW;_
(3) To protect POTW and Board personnel in the course of their
employment and to protect the general public;_
(4) To provide for fees for the equitable distribution of the costs of
operation, maintenance, and improvements of the sanitary sewer
collection system; and,4mnlnmo�administering these Rules
and Regulations and any related pretreatment program; and_
(5) To enable the Board to meet its contractual obligations under
the Wastewater Service Contract with the Trinity River Authority
("TRA") by assisting TRA in complying with TRA's National Pollutant
Discharge Elimination System permit conditions, sludge use and
disposal requirements and any other federal or state laws to which the
POTW is subject._
(6) To promote reuse and recycling for industrial wastewater and sludge
from the POTW._
(c) These Rules and Regulations authorize the issuance of wastewater discharge
permitsi provide for monitoring, compliance, and enforcement activities;
establish administrative review procedures; require user reporting; and provide
for the setting of fees for the equitable distribution of costs resulting from the
program established herein. These Rules and Regulations shall apply within
the boundaries of the Airport.
a
SEC. 6-2. AUTHORITY FOR IMPLEMENTATION AND ENFORCEMENT.
(a) - —The Executive Director and the Executive Director's authorized representatives
shall have the authority to administer, implement, and enforce the provisions of
these Rules and Regulations. The Vice President of the Board's Department of
Environmental Affairs, or the Vice President or head of any other or successor
Board department charged with primary responsibility for environmental
management and enforcement at the Airport or any Vice President or department
head so appointed by the Executive Director, or the authorized representative(s)
of said department head(s), shall also have the authority to administer,_
10
(a) _implement, and enforce the provisions of this Chapter. The Executive Director
and the Vice President of the Board's Department of Environmental Affairs are
authorized to make inspections pursuant to this Chapter and to take
enforcement action against non -compliant persons or Users, including the
issuance of citations for violations of this Chapter, and may do so personally
or through any duly authorized representative(s)._
(b) Any powers granted to or duties imposed upon the Executive Director or the
Vice President of the Board's Department of Environmental Affairs may be
delegated by the Executive Director or the Vice President of the Board's
Department of Environmental Affairs to other Board personnel._
(c) The Executive Director and the Vice President of the Board's Department of
Environmental Affairs shall have the authority to promulgate written orders and
administrative procedures which are consistent with this Chapter and
determined to be necessary for the proper administration and enforcement of
these Rules and Regulations, including but not limited to administrative orders
issued for the purpose of bringing a violator back into compliance. For the
purpose of promoting consistency of enforcement throughout the Airport, the
Executive Director or the Vice President of the Board's Department of
Environmental Affairs shall promulgate an Enforcement Response Plan._
(d) Upon specific request of the Executive Director or his authorized
representative(s) under this Chapter, officers of the Board's Department of
Public Safety may assist the Executive Director in the enforcement of this
Chapter. A Department of Public Safety officer who observes a violation of this
Chapter or of a wastewater discharge permit or order issued by the Executive
Director or his authorized representative(s) may take any necessary or
appropriate enforcement action._
(e) When the Executive Director determines that a violation of this Chapter or of
any permit or order issued hereunder or of any pretreatment standard or
requirement has occurred or is occurring, the following remedies are available.
The remedies provided for in this Section or elsewhere in this Chapter are not
exclusive. Enforcement of violations will generally be in accordance with the
Board's Enforcement Response Plan. However, the Executive Director may
take other action against any person or User when the circumstances warrant.
The Executive Director may take any, all, or any combination of these actions
against a non -compliant person or User, consecutively or concurrently:_
(1) Issuance of one or more verbal and/or written warnings;_
(2) Issuance of one or more citations;_
(3) Issuance of a notice of violation;_
(4) Execution of a consent order;_
(5) Issuance of a compliance order;_
11
(6) A show cause hearing;_
A cease and desist order
(8) A stop work order;_
Permit suspension or revocation proceedings, if applicable:
Suspension and/or termination of water utility service and/or access to the
Airport Wastewater System, as provided in ARTICLE X:
Issuance of administrative fines:
Request the Board's legal counsel to institute suit for civil remedies as
provided by this Chapter or state or federal law: or
(13) Any other remedy provided in this Chapter.
12
SEC. 6-3. ABBREVIATIONS.
The following abbreviations, when used in these Rules and Regulations, shall have
the designated meanings:_
• BOD�
- Biochemical Oxygen Demand
• BMP
-Best Management Practice
• BMR
-Baseline Monitoring Report
• CFR_
- Code of Federal Regulations_
• CIU
-Categorical Industrial User
• COD_-
Chemical Oxygen Demand_
• CRWS_
- Central Regional Wastewater System_
• ERP_
- Enforcement Response Plan_
• EPA
_ U.S. Environmental Protection Agency_
• gpd
- gallons per day_
• IU
- Industrial User
• mgll�
- milligrams per liter
• NAICS
-North American"' Industrial Classification System9ser
• NOV_
- Notice of Violation
• NPDES_ - National Pollutant Discharge Elimination System-
• NSCIU-Non-Significant
Categorical Industrial User
• POTW
- Publicly Owned Treatment Works-
• RCRA_
- Resource Conservation and Recovery Act_
• SIC
- Standard Industrial Classification_
• SIU
- Significant Industrial User_
• SNC
-Significant Noncompliance
• TCEQ_
Texas Commission on Environmental Quality_
• TPDES_ - Texas Pollutant Discharge Elimination System_
• TRA_
- Trinity River Authority of Texas
• TSS_
- Total Suspended Solids_
• TTO—
- Total Toxic Organics_
• USC
- United States Code
SEC. 6-4. DEFINITIONS.
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Unless a provision explicitly states otherwise, the following terms and phrases,
whether capitalized or not and in each grammatical variation, as used in this Chapter and in
the Enforcement Response Plan and any permit or order issued pursuant to this Chapter,
shall have the meanings designated in this SEC.6-4._
14
ACT or THE ACT shall mean the Federal Water Pollution Control Act, also known as
the Clean Water Act, as amended, 33 USC § 1251 at seq._
AIRPORT shall mean all the land, improvements, facilities and developments within
the boundaries of the Dallas/Fort Worth International Airport._
AIRPORT BOARD or BOARD shall mean the Dallas -Fort Worth International Airport
Board, the duly constituted governing body of the Airport._
AIRPORT WASTEWATER SYSTEM shall mean the system for conveyance,
separation and disposal of waste material at the Airport, defined by the System Agreement
to include the Waste Treatment Plant (i.e., that structure and appurtenances which receive,
treat and dispose of wastewater delivered from the Waste Conveyance Facilities), the
Sanitary Sewer Facilities (i.e., the network of service pipelines for the conveyance and
delivery of sanitary sewerage), the Waste Conveyance Facilities (i.e., the network of service
pipelines for the conveyance of wastewater and delivery thereof to the Waste Treatment
Plant, and related appurtenances located at the Airport. This definition includes any devices
or systems used in the collection, storage, treatment, recycling, and reclamation of sewage
or industrial wastes of a liquid nature and any sewers, pipes, and other conveyances and
related appurtenances located at the Airport, as further described in the System Agreement
defined in this SEC.6-4 but excludes any such devices or systems not within the boundaries
of the Airport or located at or beyond the Airport's point(s) of entry into the CRWS.-
APPROVAL AUTHORITY shall mean the Executive Director of the Texas
Commission on Environmental Quality (TCEQ) where the in state
has beena ef} }delegated NPDES permit authority and haste ^^+ ^^ -oA behalf i^ S+,+^
w4h an approved pretreatment program;; alte +ativel , the Regional Adminictrnt^r of EPA
R-e, as aMeRd
AUTHORIZED REPRESENTATIVE OF THE USER shall mean:
(a) For a corporation: (1) the president, secretary, treasurer, or a vice-president of
the corporation in charge of a principle business function, or any other person
who performs similar policy or decision -making functions for the corporation;
or (ii) the manager of one or more manufacturing, production, or operating
facilities, provided the manager is authorized to make management decisions
that 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 individual wastewater dischargep_e_rmit
requirements: and wher
fifty (250) perse Rs ^r ha in— nrncc 1RUal sales 9r eXpeR lit, roc o ediR9
' authority to
sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(b) For a partnership or sole proprietorship: a general partner or proprietor,
respectively._
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(c) For a federal, state or local government: a director or highest official appointed
or designated to oversee the operation and performance of the activities of the
government facility or operation, or his designee._
(d) The individuals described in paragraphs (A) through (C), 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, premises, or site from which the discharge originates
or
16
having overall responsibility for environmental matters for the entity, and the
written authorization is submitted to the Executive Director.
BEST MANAGEMENT PRACTICE OR BMP shall mean schedules of activities
prohibitions of practices, maintenance procedures, and other management practices to
implement the prohibitions listed in SEC 6-6 (A) and (B) [40 CFR 403.5(a)(1) and MI. 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.
BOD or BIOCHEMICAL OXYGEN DEMAND shall mean the quantity of oxygen
utilized in the biochemical oxidation of organic matter under standard laboratory procedures
for five (5) days at 20' centigrade, usually expressed as a concentration (e.g., mgll)._
BYPASS shall mean the intentional diversion of waste streams or wastewater from
any portion of a User's wastewater treatment equipment or pretreatment equipment._
CATEGORICAL INDUSTRIAL USER (CIU) shall mean an Industrial User subiect to
aST NDARD'S) N lip M Categorical Pretreatment Standard or Categorical Standard.
Stard@FCISj
CATEGORICAL STANDARD(S) shall mean any regulation containing pollutant
discharge limits promulgated by EPA in accordance with Sections 307(b) and (c) of the Act
(33 U.S.C. 1317) which apply to a specific category of users and which appear in 40 CFR
Chapter 1, Subchapter N. Parts 405 - 471.
CENTRAL REGIONAL WASTEWATER SYSTEM ("CRWS") or CENTRAL
WASTEWATER
TREATMENT SYSTEM or AUTHORITY'S SYSTEM_ shall mean the treatment plant
and related wastewater system operated by the Trinity River Authority as Control Authority
and which receives wastewater discharges from the Airport pursuant to the Wastewater
Service Contract; as defined in the Wastewater Service Contract, the term means all of TRA's
facilities for receiving, transporting, treating and disposing of wastewater generally in the area
of the Upper Trinity River Basin, together with any improvements or additions to such facilities,
but specifically excludes (1) TRA's facilities within the boundaries of the Airport and defined,
as the "System" in the System Agreement, (2) local wastewater facilities of TRA contracting
parties for the transportation of wastewater to Points of Entry and any facilities used
exclusively or primarily for the pre-treatment of Industrial Wastes, and (3) any other TRA
facilities.
COMPOSITE SAMPLE shall mean a sample that is collected over time, formed either
by continuous sampling or by mixing discrete samples. The sample may be composited either
as a time composite sample, composed of discrete sample aliquots collected at consistent
time intervals providing a sample irrespective of stream flow; or as a flow proportional
composite sample collected either as a constant sample volume at time intervals proportional
17
to flow, or collected by increasing the volume of each aliquot as the flow increases while
maintaining a consistent time interval between the aliquots._
CONTROL AUTHORITY or AUTHORITY shall mean the Trinity River Authority of
Texas, as holder of the TPDES permit of the POTW._
DAILY MAXIMUM LIMIT. Shall mean the maximum allowable discharge limit of a
pollutant during a calendar day. Where Daily Maximum Limits are expressed in units of mass
the dailV discharge is the total mass discharged over the course of the day. Where Dail
Maximum Limits are expressed in terms of a concentration the daily discharge is the
arithmetic average measurement of the pollutant concentration derived from all
measurements taken that day. Said Daily Maximum Limit shall be as stated on each User's
permit.
DISCHARGE when used without qualification includes discharge of a pollutant(s)._
DISCHARGE OF A POLLUTANT shall mean any addition of any pollutant to
navigable waters from any point source, i.e., any discernible, confined and discrete
conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, or
container, from which pollutants are or may be discharged but excluding agricultural storm
water discharges and return flows from irrigated agriculture._
DISCHARGER shall mean any person who causes, allows, permits, or is otherwise
responsible for, a discharge, including without limitation any operator of a construction site or
industrial facility. TO DISCHARGE means to deposit, conduct, drain, emit, throw, run, allow to_
18
seep, or otherwise release or dispose of, or to allow, permit, or suffer any of these
acts or omissions.
EFFECTIVE DATE shall mean the date on which these Rules and Regulations
become effective, as provided in SEC.6-74-7-2. of this Chapter. -
ENFORCEMENT RESPONSE PLAN or ERP shall mean the plan authorized by the
Executive Director which contains detailed procedures indicating how the Board will
investigate and respond to instances of User noncompliance at the Airport._
ENVIRONMENTAL PROTECTION AGENCY or EPA shall mean the United States
Environmental Protection Agency or, where appropriate, the Regional Water Management
Division Director, or other duly authorized official of said agency._
EXECUTIVE DIRECTOR shall mean the Executive Director or Chief Executive Officer
of the Dallas -Fort Worth International Airport Board, or, where applicable. his designated
representative(s), as provided in SEC.6-2.
EXISTING SOURCE shall mean any source of discharge, the construction or
operation of which commenced prior to the publication by EPA of proposed categorical
pretreatment standards, which will be applicable to such source if the standard is thereafter
promulgated in accordance with Section 307 of the Act._
EXTRAJURISDICTIONAL USER shall mean a User the Airport Board has
determined requires a permit to discharge to the Airport's sanitary sewer collection system.
other than a local government, which is located outside the murisdiction of the Airport, and
which discharges or plans to discharge to the Airport's sanitary sewer collection system.
GRAB SAMPLE shall mean a sample which is taken from a waste stream without
regard to the flow in the waste stream and over a period of time not to exceed fifteen (15)
minutes.
GREASE TRAP shall mean an interceptor placed in a drainage system to separate
and retain grease prior to it entering the sanitary sewer, and includes such interceptors in
hotels, restaurants and other food establishments, commercial kitchens, and similar facilities.
GRIT TRAP (SAND TRAP) shall mean an interceptor placed in a drainage system at
maintenance and repair shops, automobile service stations, car washes, laundries, and other
similar facilities, to separate and retain undesirable matter and deleterious materials prior to
their entering the sanitary sewer or wastewater system._
INDIRECT DISCHARGE or DISCHARGE shall mean the introduction of pollutants
into a POTW from any non -domestic source regulated under Section 307(b), (c), or (d) of the
Act.
INDUSTRIAL SURCHARGE shall mean the additional charge made to a person or
User who discharges into the Airport Wastewater System and/or POTW industrial waste that
is amenable to treatment by the system or POTW but exceeds the strength or character of
normal wastewater._
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INDUSTRIAL USER shall mean any person or industry who discharges or desires to
discharge Industrial Waste(s) into the Airport Wastewater System or to the Central Regional
Wastewater System._
INDUSTRIAL WASTE(S) shall mean liquid wastes from industrial processes as
distinct from wastes in domestic wastewater (sewage); wastewater or other water -borne
solids, liquids, or gaseous substances resulting from an industrial, manufacturing, or food
processing operation, or from the development of a natural resource, or any mixture of these
with water or normal domestic wastewater.
zo
4
INDUSTRY shall mean a person or establishment that is recognized and identified in
the Standard Industrial Classification Manual, 1987, Executive Office of the President: Office
of Management and Budget, as amended and supplemented.-
MA-
004115.I. MiMo F-THWUPERTM• • 1•• - .11• • -� I•-�'I•'I • 1• I•
-IW I - • L I I . I I •I • 117-AMUPIR - -1
INTERFERENCE shall mean a discharge, which alone or in conjunction with a
discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use or disposal, and therefore is a cause of
a violation of the Control Authority" TPDES permit or of the prevention of sewage sludge use
or disposal in compliance with any of the following statutory/regulatory provisions or permits
issued there under, 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); 40 CFR 503 sludge regulations; any State
regulations contained in any State sludge management plan prepared pursuant to Subtitle D
of the Solid Waste Disposal Act and 30 TAC 312; the Clean Air Act; the Toxic Substances
Control Act; and the Marine Protection Research and Sanctuaries Act,
LIQUID WASTE shall mean water -borne solids, liquids, and gaseous substances
located in or removed from grease traps or grit traps, or septage waste located in or removed
from septic tanks, cesspools, portable toilets, or similar facilities; the term does not include
hazardous waste identified or listed as such by the EPA pursuant to the federal Solid Waste
Disposal Act, as amended by RCRA, 42 USC 6901 et seq., as amended, or Class 1
nonhazardOUSRGR haizaFdeus industrial solid waste. -
MEDICAL WASTE shall mean 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._
MONTHLY AVERAGE. The sum of all "daily discharges" measured during a calendar
month divided by the number of "daily discharges" measured during that month.
NATIONAL CATEGORICAL PRETREATMENT STANDARD( or CATEGORICAL
PRETREATMENT STANDARD. Any regulation containing pollutant (S��
CATErj0Pff Al CTA A DARU S shall mean limitatiens or; the discharge limitse€-peItutaM�
promulgated by EPA in accordance with SectionsSestien 307 b and c of the Act (33 U.S.C.
$ 1317) which #►at -apply to a specific category of users and which appear in spes+€�
0 CFR Chapter I, Subchapter N.
403,E and Parts 405 --471_)-
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NATIONAL PRETREATMENT STANDARD(S) shall mean any pretreatment
regulation(s) containing pollutant discharge limits that have been established or will be
established for Industrial Users by the EPA._
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM or NPDES shall mean_
the NPDES permit program of the EPA and/or the permit program of the state agency
delegated to act on EPA's behalf in a state with an approved pretreatment program (see
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES)._
NATURAL OUTLET shall mean any outlet into a watercourse pond, ditch lake or
other body of surface or ground_ water.
NEW SOURCE shall mean:
(a) Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the_
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(a) 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:_
(1) The building, structure, facility, or installation is constructed at a site at
which no other source is located; or_
(2) The building, structure, facility, or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source: or_
(3) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
existing source at the same site. In determining whether these are
substantially independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the
existing source, should be considered._
(b) Construction on a site at which an existing source is located results in a
modification rather than a new source if the construction does not create a new
building, structure, facility, or installation meeting the criteria of Section (A)(2)
or Q) above but otherwise alters. replaces. or adds to existing process or
production equipment.
�_
(c) Construction of a new source as defined under this paragraph has commenced
if the owner or operator has:_
(1) Begun, or caused to begin, as part of a continuous onsite construction
program,_
(A) any placement, assembly, or installation of facilities or
equipment; or
(B) significant site preparation work including clearing, excavation,
or removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, or installation of new
source facilities or equipment; or_
(2) Entered into a binding contractual obligation for the purchase of
facilities or equipment which 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._
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NONCONTACT COOLING WATER shall mean water used for cooling which does
not come into direct contact with any raw material, intermediate product, waste product, or
finished product. -
NON -SIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU) shall mean an
Industrial User subject to categorical Pretreatment Standards on a finding of any of the three
criteria below:
1. The Industrial User never discharges -more than 100 gallons per day d of
total categorical wastewater (excluding sanitary, non -contact cooling and boiler blowdown
wastewater, unless specifically included in the Pretreatment Standard):
2. The Industrial User is required by a categorical Pretreatment Standard to not
discharge categorical wastewater. An lndustriai User that meets this criteria shall continue to
be prohibited discharging categorical wastewater: or
3. The Industrial User is subject to numeric categorical „Pretreatment Standard(s)
and does not discharge categorical wastewater
jb) The following conditions must be met for an Industrial User classified as a
NSCIU:
1. The Industrial User. prior to the Airport finding. has consistently complied with
all applicable categorical Pretreatment Standards and Requirements:
2. The Industrial User annually submits the certification statement required in
SEC 6-23_[see 40_CFR 403.12(g)], together with any additional information necessary to
support the certification statement: and
3. The Industrial User never discharges anv untreated concentrated wastewater.
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NORMAL WASTEWATER shall mean wastewater for which the average
concentration of suspended solids and five-day BOD does not exceed 250 mgll each._
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM NAICS shall mean
the
system used by the Federal Government for collecting and organizing industry related
statistics.
NPDES PERMIT shall mean a permit issued by EPA and/or the state agency
delegated to act on EPA's behalf in a state with an approved State pretreatment program
under authority delegated pursuant to 33 USC 1342(b) that authorizes the discharge of
pollutants to waters of the United States (see TPDES PERMIT)._
ORDER shall mean a verbal or written directive issued by the Executive Director or
his duly authorized representative in the performance of the Executive Director's duties in the
administration or enforcement of these Rules and Regulations._
PASS THROUGH shall mean 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 from other sources, is a cause of a violation of any requirement of the Control
Authority's TPDES permit, including an increase in the magnitude or duration of a violation._
PERSON shall mean any individual, partnership (including two or more persons
having a joint or common economic interest), co -partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity, political subdivision, or
any other legal entity; or the legal representative(s), agent(s), or assign(s) of any such entity.
This definition includes all federal, state and local governmental entities, unless the context
requires otherwise._
pH shall mean a measure of the acidity or alkalinity of a solution, expressed in
standard
units; the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of solution._
POINT(S) OF ENTRY shall mean the point(s) at which wastewater enters the Central
Regional Wastewater System,_
POLLUTANTS) shall mean dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes,
biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand.
cellar dirt, municipal, agricultural and industrial wastes discharged into water._
PRETREATMENT shall mean the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater
prior to, or in lieu of, introducing such pollutants into POTW. This reduction or alteration can
be obtained by physical, chemical, or biological processes; by process changes; or by other
means, except by diluting the concentration of the pollutants unless allowed by an applicable
pretreatment standard._
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PRETREATMENT REQUIREMENT(S) shall mean any substantive or procedural
requirement(s) related to pretreatment imposed on a User, other than a pretreatment
standard._
PRETREATMENT STANDARD(S) or STANDARD(S) shall mean any regulation(s)
containing pollutant discharge limits, including prohibited discharge standards, categorical
pretreatment standards, and local limits, as set forth in 40 CFR 403 and these Rules and
Regulations._
PROHIBITED DISCHARGE(S) shall mean prohibitions against the discharge of
certain substances, as set forth in SEC. 6-6 of the Chapter._
26
PUBLICLY OWNED TREATMENT WORKS or POTW shall mean a "treatment
works," as defined in Section 212 of the Act (33 USC §1292) and in 40 CFR 403.3, which is
owned by a state or municipality or any agency of such entities. For purposes of these Rules
and Regulations, POTW means the Central Regional Wastewater System ("CRWS") owned
by the Control Authority. This definition includes any devices or systems used in the collection,
storage, treatment, recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any sewers, pipes, and other conveyances that convey wastewater to the CRWS
but expressly excludes the Airport Wastewater System._
RULES AND REGULATIONS shall mean the wastewater pretreatment and discharge
rules and regulations established under this Chapter 6, "Wastewater Pretreatment and
Discharge Rules and Regulations," of the Code of Rules and Regulations of the Dallas -Fort
Worth International Airport Board, as amended._
SCHEDULE OF CHARGES shall mean the Dallas -Fort Worth International Airport
Board Schedule of Charges, as amended._, -
SEPTAGE WASTE or SEPTIC TANK WASTE shall mean any liquid or solid material
removed from a holding tank such as a chemical toilet, trailer, cesspool, septic tank, or similar
sewage treatment system._
SEVERE PROPERTY DAMAGE, as the term is used in SEC. 6-68 shall mean
substantial physical damage to property, damage to the treatment facilities which causes
them to become inoperable, or substantial and permanent loss of natural resources which
can reasonably be expected to occur in the absence of a bypass. Severe property damage
does not mean economic loss caused by delays in production._
SEWAGE shall mean human excrement and gray water (wastewater from clothes -
washing machines, showers, bathtubs, dishwashing operations, sinks, etc.).,,
SHALL. is mandatory; MAY is permissive or discretionary. -
SIGNIFICANT INDUSTRIAL USER shall mean any Industrial User, except as
provided in subsection (C) of this definition, that is connected or desires to connect to the
Airport Wastewater System and meets at least one of the following criteria:_
(a) Any Industrial User subject to Categorical Pretreatment Standards as defined
in this SEC. 6-4 or as may be provided in 40 CFR 403.6, as amended; or
(b) Any other Industrial User that:_
(1) Discharges an average of twenty-five thousand (25,000) gpd or more
of process wastewater to the POTW and/or Airport Wastewater System
(excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);_
(2) Contributes a process waste stream which makes up five (5) percent
or more of the average dry weather hydraulic or organic capacity of the
POTW treatment plant; or
27
(3) Is designated as such by the Executive Director on the basis that it has
a reasonable potential for adversely affecting the operation of the
POTW and/or the Airport Wastewater System or for violating any
pretreatment standard or requirement._
(c) Upon a finding that an Industrial User meeting the criteria in Subsection (B)
has no reasonable potential for adversely affecting the operation of the POTW
and/or the Airport Wastewater System or for violating any pretreatment
standard or requirement, the Executive Director may at any time, on its own
initiative or in response to a petition received from a User or the POTW,
determine that such User should not be considered a Significant Industrial
User.
SIGNIFICANT NONCOMPLIANCE shall mean noncompliance deemed significant as
defined in ARTICLE IX of these Rules and Regulations._
SLUG LOAD, SLUG, or SLUG DISCHARGE shall mean any discharge of anon-
d'sGharge; OF any dischaF at a flow rate or concentration whichthat could cause a violation
of the prohibited discharge standards in SectionS€C- 6-6--of these Rules and Regulations. A
Slug Discharge is any Discharge of a non -routine, episodic nature, including but not limited
to accidentals ill or a non -customary batch discharge, which has a reasonable potential to
cause Interference or Pass Through, or in any way violate the Board's regulations, Local
Limits or Permit conditions.
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE shall mean a
classification pursuant to the Standard Industrial Classification Manual issued by the United
States Office of Management and Budget._
STORMWATER or STORM WATER shall mean any flow occurring during or
following any form of natural precipitation, and resulting from such precipitation, including
snowmelt.-
SYSTEM AGREEMENT shall mean the contractual agreement between the Board
and the Trinity River Authority, dated 16 July 1971, and as subsequently amended, providing
for construction, financing, and operation at the Airport of a system for conveyance,
separation and disposal of waste material, such System defined by that Supplemental
Agreement dated 11 February 1972 as the Waste Treatment Plan (also known as the Airport
Pretreatment Plan), the Sanitary Sewer Facilities, the Waste Conveyance Facilities, and
related appurtenances located at the Airport (see AIRPORT WASTEWATER SYSTEM)._
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM or TPDES shall mean the
permit program of the TCEQ, as the state agency delegated to act on EPA's behalf
with respect to the EPA`s NPDES permit program in a state with an approved pretreatment
program._
THIS CHAPTER shall mean this Chapter 6, entitled "Wastewater Pretreatment and
Discharge Rules and Regulations," of the Code of Rules and Regulations of the Dallas -Fort
29
Worth International Airport Board, as amended, which establishes wastewater pretreatment
and discharge rules and regulations for the Airport._
TOTAL SUSPENDED SOLIDS or TSS shall mean the total suspended matter that
floats on the surface of, or is suspended in, water, wastewater, or other liquid, and which is
removable by laboratory filtering._
TOTAL TOXIC ORGANICS or TTO shall mean the sum of the masses or concentration
of specific toxic organic compounds found in an Industrial User's discharge at a concentration
greater than 0.01 mg1L. For noncategorical and categorical SIUs the TTO list is 40 CFR 122
30
Appendix D, Table II, excluding pesticides, unless specifically designated in a
particular categorical classification. Qnl these paFameters seRably c, esperated to be
TPDES PERMIT shall mean a permit issued by the TCEQ, as the state agency
delegated to act on EPA's behalf with respect to the EPA's NPDES permit program in a state
with an approved State pretreatment (see NPDES PERMIT)._
TRINITY RIVER AUTHORITY or TRA shall mean the Trinity River Authority of Texas,
a governmental agency of the State of Texas, in its various capacities, including as required
by context: the Control Authority; operator of a POTW, including the Central Regional
Wastewater System (CRWS); or a party to the Wastewater Service Agreement and/or the
System Agreement as defined in this SEC. 6-4._
UPSET shall mean an exceptional incident in which there is unintentional and
temporary noncompliance with categorical pretreatment standards because of factors beyond
the reasonable control of the User. An Upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation._
USER shall mean a source of Indirect Discharge; a person who discharges or causes or
permits the_
contribution of wastewater to the POTW and/or the Airport Wastewater System; the
term
includes, but is not limited to, Industrial User(s)._
WASTEWATER shall mean liquid and water -carried industrial waste(s) and sewage
from residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW and/or the
Airport Wastewater System._
WASTEWATER SERVICE CONTRACT shall mean the contractual agreement, also
known as the customer contract, between the Board and the Trinity River Authority, dated 9
August 1973, and providing for the Board's discharge of wastewater into the Central Regional
Wastewater System of TRA; includes the Amendatory Wastewater Service Contract dated
16 .
January 1984 and anv and all subseauent amendments.
WASTEWATER TREATMENT PLANT or TREATMENT PLANT shall mean that
portion of the POTW that is designed to provide treatment of domestic sewage and industrial
waste._
SEC. 6-6.-- INCORPORATION OF FEDERAL AND STATE STATUTES, RULES, AND
REGULATIONS._
A reference within this Chapter of the DaAaSL-Fort Worth International Airport Code of
Rules and Regulations to a federal or state statute, rule, or regulation includes all
amendments to such statute, rule, or regulation made after the effective date of this Chapter.
All categorical pretreatment standards, pretreatment requirements, lists of toxic_ pollutants,
31
industrial categories, and other applicable regulations promulgated by the EPA or the TCEQ,
including all future amendments of same, are hereby incorporated into this Chapter._
ARTICLE U._
32
DISCHARGE PROHIBITIONS AND LIMITS.
SEC. 6-6, PROHIBITED DISCHARGES.
(a) General Prohibitions No User shall introduce or cause to be introduced into
the Airport Wastewater System or the POTW any pollutant or wastewater
capable of causing Pass Through or Interference. These general prohibitions
and the specific prohibitions in paragraph (B) of this Section apply to each User
of the Airport Wastewater System or the POTW whether or not the User is
subject to categorical pretreatment standards or any other National, State, or
local pretreatment standards or requirements._
(b) Specific Prohibitions No person shall introduce or cause to be introduced into
the Airport Wastewater System or the POTW:_
(1) Any Pollutant(s) which create a fire or explosive hazard in the Airport
Wastewater System and/or the POTW, including, but not limited to,
waste streams with a closed cup flashpoint of less than 140OF (60°C)
using the test methods specified in 40 CFR 261.21_
(2) Any substance or wastewater having a pH less than 5.5 or more than
11.0, or otherwise capable of causing corrosive or structural damage
to the Airport Wastewater System and/or the POTW;_
(3) ---Solid or viscous substances in amounts capable of causing
obstruction to the flow in the Airport Wastewater System and/or the
POTW, resulting in Interference;_
(4) 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 Airport Wastewater System and/or the POTW;_
(5) Wastewater having a temperature greater than 150°F (65*C), or which
will inhibit biological activity in the POTW treatment plant resulting in
Interference, but in no case wastewater which causes the temperature
at the introduction into the POTW treatment plant to exceed 1040F
(40°C);_
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil
origin, in amounts that will cause Interference or Pass Through;_
(7) Pollutants which result in the presence of toxic gases, vapors,
or fumes within the Airport Wastewater System and/or the POTW in a
quantity that may cause acute worker health and safety problems._
33
(8) Any trucked or hauled septage waste, wastewater or pollutant(s),
except at discharge points designated by Executive Director in
accordance with these Rules and Regulations;_
(9) Noxious or malodorous liquids, gases, solids, or other wastewater
which, either singly or by interaction with other wastes, are sufficient to
create a_
public nuisance or a hazard to life, or to prevent entry into the POTW's
and/or Airport Wastewater System's waste or sanitary sewer
conveyance facilities for inspection maintenance or repair;_
(10) Wastewater which imparts color which cannot be removed by the
treatment process, such as, but not limited to, dye wastes and
vegetable tanning solutions, which consequently imparts color to the
POTW treatment plant's effluent, thereby violating the applicable
TPDES permit;_
(11) Wastewater containing any radioactive wastes or isotopes except in
compliance with applicable State or Federal regulations;_
(12) Storm water, surface water, ground water, artesian well water, roof
runoff, subsurface drainage, swimming pool drainage, condensate, de -
ionized water, non -contact cooling water, and unpolluted wastewater,
unless specifically authorized by Executive Director and the Control
Authority;_
(13) Sludges, screenings. or other residues from the pretreatment of
industrial wastes:
(-3)(14) Medical wastes, except as specifically authorized by Executive
Director in a wastewater discharge permit;_
15 Wastewater causing,alone or in conjunction with other sources the
treatment plant's effluent to fail a toxicity test:
16 Detergents, surface-active agents, or other substances which ma
cause excessive foaming in the POTW:
(�LIZ) Fats, oils, or greases of animal or vegetable origin in
concentrations exceeding 200 mg/l;_
(18) A discharge of water, normal domestic wastewater, or industrial waste
which in quantity of flow exceeds for a duration of longer than fifteen
minutes. more than four times the average twentv-four hour flow during
normal operations of the User,
19 Insecticides and herbicides in concentrations that are not amenable to
treatment
4)(20) Garbage that is not properly shredded to such an extent that all
particles will be carried freely under the flow conditions normally
prevailing in wastewater mains, with no particle having greater than
one-half (112") inch cross -sectional dimension;_
35
{�(21) Wastewater or industrial waste generated or produced outside
the Airport, unless approval in writing from the Executive Director has
been given to the person discharging the waste._
22) Without the approval of the Executive Director a substance or pollutant
other than industrial waste, normal domestic wastewater, septic tank
waste or chemical toilet waste that is of a toxic or hazardous nature,
regardless of whether or not it is amenable to treatment including but
not limited to bulk or packaged chemical l2roducts.
(c) Pollutants, substances or wastewater prohibited by this section shall not be
processed or stored in such a manner that they could be discharged to the
D/FW Airport System and/or the POTW._
SEC. 6-7. NATIONAL CATEGORICAL PRETREATMENT STANDARDS.
(a) The national categorical pretreatment standards which appear in 40 CFR
Chapter I, Subchapter N, Parts 405-471, shall apply in addition to all applicable
pretreatment standards and requirements set forth in 40 CFR 403 and these
Rules and Regulations. A User shall not discharge in violation of any
applicable categorical pretreatment standards._
(b) Existing Sources and new or existing Industrial Users who are or may be
included in an industrial subcategory to which categorical standards apply shall
comply with the procedures and requirements set forth in 40 CFR 403.6 and
any applicable limits or requirements imposed by the Executive Director._
(c) Where a categorical pretreatment standard is expressed in terms of either the
mass or the concentration of a pollutant in wastewater. the Executive Director
may impose equivalent concentration or mass limits in accordance with 40
CFR 403.E(cV1).
d) When wastewater subiect to a categorical pretreatment standard is mixed with
wastewater not regulated by the same standard, the Executive Director shall
impose an alternate limit using the combined wastestream formula in 40 CFR
403.6(e).
(e) A user may obtain a variance from a categorical pretreatment standard if the
user can prove pursuant to the procedural and substantive provisions in 40
CFR 403.13, that factors relating to its discharge are fundamentally different
from the factors considered by the EPA when developing the categorical
pretreatment standard.
f A user may obtain a net/gross ad ustment to a categorical standard in
accordance with 40 CFR 403.15.
SEC, 6-8. LOCAL LIMITS,
16111�
36
{a-} The following specific limits are established, in accordance with local limits in
the Control Authority's TPDES permit for the CRWS, to protect against Pass
Through and Interference. No person or User shall discharge or cause or
permit to be discharged wastewater containing in excess of the following
instantaneous maximum allowable discharge limits. --
Para meterTANT
Local LimitJ.IMIT. (mg/L)
Arsenic_
0.2
Cadmium
Chromium
2.19
Copper
1.82.3
Cyanide
0.45
Lead
1.2"
Mercury
0.069899
Molybdenum
0.59
Nickel
3.34.6
Selenium
Silver
Zinc
6.1"
Oil & Grease
200
H
5.5 — 11.0
The above limits apply at the Individual User's point of discharge, i.e., the
point(s) where the wastewater is discharged to the Airport's system. All
concentrations for metallic substances are for "total" metal unless indicated
otherwise.
{} The Executive Director may impose mass limitations in addition to, or in place
of, the concentration -based limitations above.
SEC. 6-9. RIGHT TO ESTABLISH —REGULATIONS_ OR —MORE_
STRINGENT REQUIREMENTS,
The Board reserves the right to establish, by rules and regulations, lawful order, or
wastewater discharge permits, more stringent standards or requirements than those set forth
in the preceding section on discharges to the Airport Wastewater System and/or the POTW.
Additionally, the Board may establish further rules and regulations and the Executive Director
may establish further procedures not in conflict with these Rules and Regulations._
SEC. 6-1d._ APPLICABILITY OF MORE STRINGENT REGULATIONS OR DISCHARGE
LIMITS,
37
0.1
B:
(a) -If national pretreatment standards, categorical or otherwise, more stringent
than the discharge limits prescribed in this Chapter are promulgated by the
United States Environmental Protection Agency for certain industries or Users,
the more stringent national pretreatment standards will apply to the affected
persons/Users. A violation of the more stringent national pretreatment
standards will also be considered a violation of these Rules and Regulations._
(b) User at the Airport. who discharges industrial waste ultimately received and
treated by another governmental entity pursuant to a wholesale wastewater
contract or a reciprocalagreement Myth Bard is subject to the following
additional rules:
38
(1) If the governmental entity has more stringent discharge limits
than those prescribed by this Chapter, or by a discharge permit issued
under this Chapter, because the United States Environmental
Protection Agency requires the more stringent discharge limits as part
of the governmental entity's wastewater pretreatment program, the
more stringent discharge limits shall prevail._
(2) The Executive Director is authorized to issue a discharge permit to a
User affected by Subsection (1), to assure notice of and compliance
with the more stringent discharge limits. If the User already has a
discharge permit, the Executive Director may amend or reissue the
permit to apply and enforce the more stringent discharge limits. An
affected User shall submit to the Executive Director an expected
compliance date and an installation schedule if the more stringent
discharge limits necessitate technological or mechanical adjustments
to the User's facilities or business operations at the Airport. An affected
User(s) shall be given reasonable opportunity to comply with the more
stringent discharge limit(s)._
(3) The more stringent discharge limits cease to apply upon termination of,
the Board's wholesale wastewater contract or reciprocal agreement
with the governmental entity, or upon modification or elimination of the
limits by the government entity or the United States Environmental
Protection Agency. The Executive Director will take appropriate action
to notify affected User(s) of an occurrence under this Subsection (3)._
SEC. 6-11. VARIANCES IN COMPLIANCE DATES.
r The Executive Director may grant a variance compliance dates to an affected User
when, in the Executive Director's opinion, such action is necessary to achieve pretreatment
or corrective measures. In no case shall the Executive Director grant a variance in compliance
dates to an industry/User affected by national categorical pretreatment standards beyond the
compliance dates established by the United States Environmental Protection Agency._
SEC. 6-12. DILUTION PROHIBITED.
(a) No User shall ever increase the use of process water, or in any way attempt to
dilute a discharge, as a partial or complete substitute for adequate treatment
to achieve compliance with a discharge limitation or pretreatment standard
unless expressly authorized to do so by an applicable pretreatment standard
or requirement._
(b) The Executive Director may impose mass limitations on Users who are using
dilution to meet applicable pretreatment standards or requirements or in other
cases when the imposition of mass limitations is appropriate._
39
SEC. 6-13. BOD or TSS LOADING.
40
(a) No person shall discharge wastewater containing a BOD or TSS loading that
is capable of causing the Board's prorata share of the total BOD or TSS loading
to the Central Regional Wastewater System (CRWS) to exceed the Board's
prorata share of the total flow to the CRWS. (Example: If the Board contributes
25% of the total wastewater flow to the CRWS, the Board's cumulative BOD
or TSS loading to the CRWS, as measured at the Board's points of entry to the
CRWS, shall not exceed 25% of the total BOD or TSS loading to the CRWS).
(b) Any User with wastewater strength capable of causing the Board's cumulative
wastewater loading, at the Board's point(s) of entry to the CRWS, to exceed
the Board's prorata share of the total wastewater loading based upon flow may
be required to provide pretreatment measures to reduce the User's wastewater
strength to an acceptable level._
ARTICLE III.
PRETREATMENT OF WASTEWATER._
SEC. 6-14. PRETREATMENT FACILITIES.
(a) Users shall provide wastewater treatment or pretreatment as necessary to
comply with these Rules and Regulations and shall achieve compliance with
any applicable categorical pretreatment standards, local limits, and
prohibitions set out in SEC. 6-6 of these Rules and Regulations within the time
limitations specified by EPA, the State, the Control Authority, or the Executive
Director, whichever are more stringent._
(b) The User shall provide, operate, and maintain any facilities or equipment
necessary for compliance at the User's expense. The Executive Director may
require a User to submit detailed plans describing such facilities and operating
procedures to the Executive Director for review. The review of such plans and
operating procedures shall in no way relieve the User from the responsibility
of modifying such facilities as necessary to produce a discharge acceptable to
the Board under the provisions of these Rules and Regulations._
SEC. 6-15. ADDITIONAL PRETREATMENT MEASURES.
Whenever deemed necessary, the Executive Director may require:_
(a) Users to create and implement Best Management Practices (BMPs), if
necessary to protect the POTW. Such BMPs would be supplemental and not
used as a replacement for compliance with Local Limits listed in SEC 6-8 and
Prohibited Discharge Standards in SEC 6-6.
#a)(b) Any User to restrict its discharge during peak flow periods, to discharge certain
wastewater only into designated conveyances or sewers, to relocate and/or
consolidate points of discharge, to separate sewage waste streams from
industrial waste streams, and to comply with such other conditions as the
Executive Director determines may be necessary to protect the Airport
41
Wastewater System and/or the POTW or to determine the User's compliance
with these Rules and Regulations;_
(b) Any person discharging into the Airport Wastewater System and/or the POTW or
any occupant or lessee of any property or premises on the Airport to install and
maintain on that person's premises or site, at the person's expense, a suitable_
42
(c) storage and flow -control facility to ensure equalization of flow. A wastewater
discharge permit may be issued solely for flow equalization._
(d) ))-Any person, User, or occupant or lessee of any property or premises on
the Airport to install and maintain on that person's premises or site grease, oil,
and/or sand interceptors when, in the opinion of the Executive Director, such
traps or interceptors are necessary for the proper handling of wastewater
containing excessive amounts of grease and oil, or sand. All interception units
shall be of type and capacity approved by the Executive Director and shall be
so located to be easily accessible for cleaning and inspection. Unless provided
otherwise by the Board or Executive Director, such interceptors shall be
installed, maintained, inspected, cleaned, and repaired regularly, as needed,
by the User at its expense;_
(e) ( Any User with the potential to discharge flammable substances to install
and maintain an approved combustible gas detection meter, or other control
device as deemed necessary by the Executive Director._
SEC. 6-16. ACCIDENTAL DISCHARGEISLUG CONTROL PLANS.
(a) The
(a) AtleastGRGe—everytwe (2) year6, the Executive Director and/or Control
Authority shall evaluate whether each permitted SIU will needS�
iRdustrial User Pearls a plan to control slug discharges no later than (1) one
year of the SIU determination. The Executive Director may require any User
to develop, submit for approval, and implement such a plan. Alternatively, the
Executive Director may develop such a plan for any User. Any accidental
discharge or slug control plan required pursuant to these Rules and
Regulations shall address, at a minimum, the following:_
(1) Description _of discharge _practices, including non -
routine batch discharges;_
(2) Description of stored chemicals;_
(3) Procedures for immediately notifying the Executive Director and/or
Control Authority of any slug discharge, as required by SEC. 6-3736 of
this Chapter; and-
(4) Procedures to prevent adverse impact from any slug discharge. Such
procedures include, but are not limited to, inspection and maintenance
of storage areas, handling and transfer of materials, loading and
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._
43
SEC. 6-17. HAULED SEPTAGE OR INDUSTRIAL WASTE.
(a) Septage waste._
(A person commits an offense if he discharges hauled Septage waste into
the Airport Wastewater System and/or the POTW except at such_
44
(1) locations as are designated by the Executive Director, and at such
times as are established by the Executive Director. Such waste shall
not violate any provision of ARTICLE II of this Chapter or any other
requirements established by the Executive Director. The Executive
Director may require septage waste haulers to obtain wastewater
discharge permits._
(2) The Executive Director may collect samples of each hauled load to
ensure compliance with applicable standards. The Executive Director
may require a septage waste hauler to provide a waste analysis of any
load prior to discharge._
(b) Industrial Waste._
(1) In order to ensure that trucked industrial waste is not being
discharged into the Airport Wastewater System and/or the POTW, the
Executive Director may require any User who generates such waste to
report the type and amount of the waste, and the location and manner
of its disposal._
(2) The Executive Director may collect samples of each hauled load to
ensure compliance with applicable standards. The Executive Director
may require an industrial waste hauler to provide a waste analysis of
any load prior to discharge._
(3) A person commits an offense if the person generates industrial
waste and fails to make reports or provide waste analysis as required
by the Executive Director pursuant to subsection (B)._
ARTICLE IV.
PERMIT REQUIRED FOR WASTEWATER DISCHARGE; PERMIT APPLICATIONS.
SEC. 6-18, WASTEWATER ANALYSIS.
When so requested by the Executive Director, a User must submit information on the
nature and characteristics of its wastewater to the Executive Director within ten (10) working
days following receipt of the request. The Executive Director is authorized to prepare a form
or checklist for this purpose and may periodically require the User to update this information.
SEC. 6-19. WASTEWATER DISCHARGE PERMIT REQUIRED.
(a) A Significant Industrial User ("SIU") or Non -significant Categorical Industrial
User (NSCiU) commits an offense if the SIU or NSCIU discharges, or allows
the discharge of, industrial waste or wastewater into the Airport Wastewater
45
System and/or the ROTW without first obtaining and maintaining a valid
wastewater discharge permit from the Executive Director, except that a SIU or
NSCIU that has filed a timely application pursuant to SEC. 6-22 of these Rules
and Regulations may continue to discharge for the time period specified in that
section.
46
(b) The Executive Director may require other Users to obtain wastewater
discharge permits as the Executive Director may deem necessary to carry out
the purposes and objectives of these Rules and Regulations._
(c) Any violation of the terms and conditions of a wastewater discharge permit
shall be deemed a violation of these Rules and Regulations and subjects the
wastewater discharge permittee to the sanctions and enforcement actions set
out in this Chapter._
(d) Obtaining a wastewater discharge permit does not relieve a person of the
obligation to comply with all applicable federal and state pretreatment
standards or requirements or with any other applicable requirements of
federal, state, or local law._
SEC. 6-20. PERMITS FOR EXISTING SOURCES.
(a) Any User required to obtain a wastewater discharge permit who was
discharging wastewater into the Airport Wastewater System and/or the POTW
prior to the Effective Date of these Rules and Regulations and who wishes or
reasonably expects to continue such discharges in the future shall apply to the
Executive Director for a wastewater discharge permit in accordance with SEC.
6-22 of these Rules and Regulations._
(b) An existing User commits an offense if the User causes or allows discharges
to the Airport Wastewater System and/or the POTW to continue after ninety
(90) days of the Effective Date of this Chapter except in accordance with a
wastewater discharge permit issued under these Rules and Regulations._
SEC. 6-21. PERMITS FOR NEW SOURCES,
Any User or New Source required obtaining a wastewater discharge permit who
proposes to begin or recommence discharging into the Airport Wastewater System and/or the
POTW shall obtain a valid permit prior to beginning or recommencing any discharge. An
application for a wastewater discharge permit shall be filed in accordance with SEC. 6-22 of
this Chapter prior to the date upon which any discharge will or is reasonably expected to
begin or recommence. -
SEC. 6-22. PERMIT APPLICATION PROCESS.
(a) Notwithstanding the provisions of ARTICLE IV, any User notified by the
Executive Director that a wastewater discharge permit is required shall submit
a completed application in accordance with this Section and within the time
limits set forth in the notice. Unless otherwise provided in this, ARTICLE IV, a
person notified by the Executive Director that a wastewater discharge permit
is required shall not discharge to the Airport Wastewater System and/or the
POTW without a wastewater discharge permit after sixty (60) days from the
date the person received notice of the permit requirement._
47
(b) Any person required to obtain a wastewater discharge permit shall submit a
permit application by completing any application form(s) provided or required
by_
48
the Executive Director. Incomplete or inaccurate applications will not be
processed and will be returned to the applicant for revision._
(c) The Executive Director may require any or all Users to submit as part of an
application the following information:_
- (1) All information required by SEC. 6-31 (Baseline Monitoring Reports) of
these Rules and Regulations;_
(2) Description of activities, facilities, and plant processes on the
applicant'slUser's premises or site, including a fist of all raw materials
and chemicals used or stored at the premises or location which are, or
could accidentally or intentionally be, discharged to the Airport
Wastewater System and/or the POTW;_
- (3)
Number and type of employees, hours of operation, and proposed or
actual hours of operation;_
- (4)
Each product produced by type, amount, process or processes, and
rate of production;_
(5)
Type and amount of raw materials processed (average and maximum
per day);_
(6)
Site plans, floor plans, mechanical and plumbing plans, and details to
show all sewers, floor drains, and appurtenances by size, location, and
elevation, and all points of discharge;_
(7)
Time and duration of anticipated discharges; and_
r (8)
Any other information as may be deemed necessary by the Executive
Director to evaluate the wastewater discharge permit application._
SEC. 6-23._ SIGNATORIES AND CERTIFICATION REQUIREMENTS.,,
All wastewater discharge permit applications and User reports required to be
submitted or maintained under these Rules and Regulations or a permit or order issued under
this Chapter shall be signed by an Authorized Representative of the User as stated in 40 CFR
403.12(I), shall be subject to the provisions of 40 CFR 403.12(n) governing fraud and false
statements, and shall contain the following certification statement: "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." Signature of this statement in no
way diminishes the enforceability of these Rules and Regulations._
49
If the designation of an Authorized Representative of the user 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 written
authorization satisfVing the requirements of this Section must be submitted to the Executive
Director prior to or together with any reports to be signed by an Authorized Representative of
the user.
A facility determined to be a Non -Significant Categorical Industrial User NSCIU b
the Executive Director pursuant to Section 6-4. must annually submit a signed certification
statement signed in accordance with the signatory atory requirements of this section. This
certification must accompany the NSCIU Annual Report re uired by the Executive Director:
ARTICLE V._
50
WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.
SEC. 6-24. WASTEWATER DISCHARGE PERMIT DECISIONS.
(a) The Executive Director will evaluate the information and data furnished by the
User's application and may require the applicant to submit additional
information.
(b) Within a reasonable period, generally not to exceed seventy-five (75) days,
following receipt of a complete wastewater discharge permit application, the
Executive Director will determine whether or not to issue a wastewater
discharge permit._
(c) The Executive Director may deny any application for a wastewater discharge
permit._
SEC. 6-25. WASTEWATER DISCHARGE PERMIT DURATION.
(a) A wastewater discharge permit shall be issued for a specified time period, not
to exceed five (5) years from the effective date of the permit. A wastewater
discharge permit may be issued for a period less than five (5) years at the
discretion of the Executive Director.
(b) Each wastewater discharge permit will indicate a specific date upon which it
will expire._
(c) A wastewater discharge permit shall be voidableveid-able upon cessation of
operations or transfer of User ownership and void if the transfer requirements
of SEC. 6-28 are not satisfied.
(d) All wastewater discharge permits issued to a particular User are void upon the
issuance of a new wastewater discharge permit to that User._
SEC. 6-26. WASTEWATER DISCHARGE PERMIT CONTENTS.
(a) A wastewater discharge permit shall include such conditions as are required
by applicable law, including these Rules and Regulations, or by the
Wastewater Service Contract, or as are deemed reasonably necessary by the
Executive Director to prevent Pass Through or Interference, protect the quality
of the water body receiving the POTW treatment plant's effluent, protect
worker health and safety, facilitate sludge management and disposal, and
protect against damage to the Airport Wastewater System and/or the POTW._
(b) A wastewater discharge permit shall contain:_
(1) A statement that indicates the permit's duration which shall not exceed
five (5) years;
51
(2) A statement that the permit is nontransferable without prior notification
to the Board in accordance with SEC. 6-28 of these Rules and
Regulations, and provisions for furnishing the new owner or operator
of the User with a copy of the existing wastewater discharge permit._
52
(3) Effluent limits including Best Management Practices based on
applicable pretreatment standards;_
(4) Self -monitoring, sampling, reporting, notification, and record -keeping
requirements. These requirements shall include an identification of
pollutants to be monitored, sampling location, sampling frequency, and
sample type, based on applicable federal, state, and local law; and_
(5) A statement of applicable civil and 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.
6 Requirements to control Slu-q Discharge, if required by the Executive
Director.
(c) Wastewater discharge permits may also contain, without limitation, the
following conditions:_
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization._
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed
to reduce, eliminate, or prevent the introduction of pollutants into the
Airport Wastewater System and/or the POTW;_
(3) Requirements for the development and implementation of spill control
plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non -
routine discharges;_
(4) Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the Airport Wastewater
System and/or the POTW;_
(5) The unit charge or schedule of User charges and fees for the
management of the wastewater discharged to the Airport Wastewater
System and/or the POTW;_
(6) Requirements for installation and maintenance of inspection, flow, and
sampling facilities and/or equipment;_
(7) A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
applicable federal and state pretreatment standards, including those
which become effective during the term of the wastewater discharge
permit; and_
53
8 Orders to implement BMPs if re uired by the Executive Director and
(8)Lqj_Other conditions as deemed appropriate by the Executive Director to
ensure compliance with these Rules and Regulations or with any
applicable federal or state laws, rules, and regulations._
SEC. 6-27, WASTEWATER DISCHARGE PERMIT MODIFICATION.
54
The Executive Director may modify a wastewater discharge permit for good cause,
including, but not limited to, the following reasons:_
(a) To incorporate any new or revised federal, state, or local pretreatment
standards or requirements, or any new or revised requirements of the
Wastewater Service Contract;_
(b) To address significant alterations or additions to the User's operation,
processes, or wastewater volume or character since the time of wastewater
discharge permit issuance;_
(c) A change in the Airport Wastewater System and/or the POTW that requires
either a temporary or permanent reduction or elimination of the authorized
discharge;_
(d) Information indicating that the permitted discharge poses a threat to the Airport
Wastewater System, any portion of the POTW, POTW or Board personnel, the
general public, or the receiving waters;_
(e) Violation of any terms or conditions of the wastewater discharge permit or
these Rules and Regulations;_
(f) Misrepresentations or failure to fully disclose all relevant facts in the
wastewater discharge permit application or in any required documents or
reports;_
(g) Revision of or a grant of variance from categorical pretreatment standards
pursuant to 40 CFR 403.13;_
(h) To correct typographical or other errors in the wastewater discharge permit; or
(i) To reflect a transfer of the User's ownership or operation to a new owner or
operator._
SEC. 6-28. —WASTEWATER DISCHARGE PERMIT
TRANSFER._
(a) A wastewater discharge permit issued may be transferred to a new owner or
operator only if the permittee gives advance notice of transfer to the Executive
Director and the Executive Director approves the permit transfer. Failure to
provide advance notice of a transfer renders the wastewater discharge permit
void as of the date of transfer to the new owner(s) or operators)._
(b) The notice of intent to transfer must include a written certification, in
accordance with SEC. 6-23 of this Chapter, by the new owner or operator that:
(1) States that the new owner and/or operator has no immediate
intent to change the operations and processes of the permitted facility,
premises, or site;_
55
(2) Identifies the specific date on which the transfer is to occur; and_
56
(3) Acknowledges and agrees to assume full responsibility for complying
with the terms and conditions of the existing wastewater discharge
permit(s) and the requirements of these Rules and Regulations._
SEC. 6-29. GROUNDS FOR PERMIT SUSPENSION OR REVOCATION._
The Executive Director may suspend or revoke a wastewater discharge permit for
good cause,
including, but not limited to, the following reasons:_
(a)
Failure to notify the Executive Director of significant changes to the wastewater
prior to the changed discharge;_
(b)
Failure to provide prior notification to the Executive Director of changed
conditions pursuant to SEC. 6-3636 of these Rules and Regulations;_
(c)
Misrepresentation or failure to fully disclose all relevant facts in the wastewater
discharge permit application;_
(d)
Falsifying self -monitoring or other required documentation or reports;_
(e)
Tampering with monitoring equipmenfi_
(f)
Refusing to allow the Executive Director timely access to the permittee's
facility, premises, site, and/or records;_
(g)
Failure to meet effluent limitations;_
(h)
Failure to pay fines or comply with any other terms or conditions imposed by
lawful order under these Rules and Regulations;_
0)
Failure to pay charges imposed on the permittee under this Chapter or
pursuant to the Board's Schedule of Charges, as amended;_
{j}
Failure to meet compliance schedules;_
(k)
Failure to complete or to timely submit a wastewater survey/analysis or
wastewater discharge permit application;_
(1)
Failure to provide advance notice of the transfer of ownership or operation of
a permitted facility, premises, or site; or_
(m)
Violation of any pretreatment standard or requirement or of any terms of the
wastewater discharge permit or these Rules and Regulations or of any lawful
order issued pursuant to this Chapter._
SEC. 6-34.
WASTEWATER DISCHARGE PERMIT REISSUANCE.
57
(a) A User with an expiring wastewater discharge permit shall apply for
wastewater discharge permit reissuanceFe ;Sze by submitting a
complete permit application, in accordance with ARTICLE IV of these Rules
and Regulations, within (60) days prior to the expiration of the User's existing
permit._
58
(b) If the User submits an application in compliance with this Chapter and
the failure of the Executive Director to reissue a permit prior to the expiration
of the previous permit is not due to any act or omission of the User, then the
expired permit shall continue to be effective and enforceable until reissued or
revoked._
SEC. 6-31. EXTRAJURISDICTIONAL USERS OR WASTE RECEIVED FROM OTHER
JURISDICTIONS.
(a) An extraiurisdictional user shall apply for a permit in accordance with this
ordinance at least ninety 90 days prior to discharging into the Airport's
Wastewater System or POTW.
b This section does not apply to extrajurisdictional users in jurisdictions which
have an agreement with the Airport Board pursuant to Section 6-31(d).
c A wastewater dischar e permit issued to an extra'urisdictional user shall be in
the form of a contract and must include, at a minimum the components found
in 40 CFR § 403.8 1 iii and shall require the approval of the Airport Board
An extraLrisdictional user shall agree to all the terms of this ordinance and the
terms of its wastewater discharging contract in accordance with the
procedures set forth in Section 6.26 of this ordinance prior to discharging i6to
the POTW.
(d) A municipality which contributes wastewater to the POTW, shall enter into an
interlocal agreement with._the Airport Board prior to contributing such
wastewater.
(e) Prior to the Airport Board entering into an interlocal agreement as provided in
subsection A, the Airport Board may request the following information from the
contributing municipality:
(1) A description of the quality and volume of wastewater discharged to
the POTW by the contributing municipality;
(2) An inventory of ali users located within the contributing municipality that
are discharging to the POTW; and
3) Such other information as the Airport Board requires
ARTICLE VI.
REPORTING REQUIREMENTS._
AEC-6-32.
BASELINE MONITORING REPORTS._
(a) Deadlines for submission of reports_
59
(1) Existing Categorical Users 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 Users subject to such
categorical pretreatment standards and currently discharging to or
scheduled to discharge to the POTW shall submit to the Executive
Director a reportwhich contains the information listed in subsection (B),
below._
(2) New Sources and New Categorical Users At least ninety (90) days
prior to commencement of discharge, New Sources and sources that
become categorical Users subsequent to the promulgation of an
applicable categorical standard, shall submit to the Executive Director
a report which contains the information listed in subsection (B), below.
A New Source shall report the method of pretreatment the source
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._
(b) Users described above shall submit the following information:
(1) Identifying Information. The name and address of the User, including
the location of its Airport site or premises and the name of the operator
and owner._
(2) Environmental Permits. A list of any environmental control permits held
by or for the User for or including its Airport location, facility, site, or
premises._
(3) Description of Operations. A brief description of the nature, average
rate of production, and Standard Industrial Classifications of the
operation(s) carried out by such User. This description should include
a schematic process diagram that indicates points of discharge to the
Airport Wastewater System and/or the POTW from the regulated
processes._
(4) Flow Measurement Information showing the measured or estimated
average daily and maximum daily flow, in gallons per day, to the Airport
Wastewater System and/or the POTW from regulated process streams
W
and other streams, as necessary, to allow use of the combined
wastestream formula set out in 40 CFR 403.6(e)._
(5) 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 Executive Director, 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 procedures set out in SEC. 6-414-0 of these
Rules and Regulations._
(c) Sampling shall be performed in accordance with procedures
set out in SEC. 6-4244 of these Rules and Regulations. Where
the Standard reauires compliance with a BMP or pollution
prevention alternative. the User shall submit documentation as
required by the Executive Director or the applicable Standards
to determine compliance with the Standard.
d) If discharge flow conditions are representative of dail
operations. the User shall take a minimum of one
representative sample to compile that data necessary to
comply with the requirements of this section. The Executive
Director may require additional representative sampling to be
conducted.
e) Reoresentative samoles should be taken immediatel
downstream from pretreatment facilities if such exist or
immediately downstream from the regulated process if no
pretreatment exists. If other wastewaters are mixed with the
regulated wastewater prior to pretreatment the User must
measure the flows and concentrations neces§M to allow use
of the combined wastestream formula in 40 CFR § 304.6(e) to
evaluate compliance with Pretreatment Standards
The Executive Director may allow the submission of a baseline
report which utilizes only historical data so long as the data
provides information sufficient to determine the need for
industrial pretreatment measures.
(g) The baseline report shall indicate the time, date and place of
sampling and method of analysis. and shall certify that such
sampling and analysis is representative of normal work cycle
and expected pollutant discharges to the POTW.
61
h Sampling must be performed in accordance with procedures
set out in SEC 6.42 of this ordinance.
(6) Certification A statement, reviewed by an Authorized Representative
of the User 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 the pretreatment standards
and requirements._
(7) Compliance Schedule If additional pretreatment and/or O&M will be
required to meet the pretreatment standards, the shortest schedule by
which the User will provide such additional pretreatment and/or O&M.
The completion date in this schedule shall not be later than the
compliance date established for the applicable pretreatment standard.
A compliance schedule pursuant to this section must meet the
requirements set out in SEC. 6-33,32 of these Rules and Regulations._
(8) Signature and Certification All baseline monitoring reports must be
signed and certified in accordance with SEC. 6-23 of these Rules and
Regulations._
SEC. 6-33. 32- COMPLIANCE SCHEDULE AND PROGRESS REPORTS.
The following conditions shall apply to any compliance schedule required by SEC. 6-
32-34(B)(7) of this Chapter:_
(a) The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the User to meet the
applicable pretreatment standards (e.g., hiring an engineer, completing
preliminary and final plans, executing contracts for major components,
commencing and completing construction, and beginning and conducting
routine operation);_
62
(b) No increment referred to in subsection (A) above shall exceed nine (9) months;
(c) The User shall submit a progress report to the Executive Director no later than
fourteen (14) days following each date in the schedule and the final date of
compliance including, at a minimum, whether or not the User complied with
the increment of progress, the reason for any delay, and, if appropriate, the
steps being taken by the User to return to the established schedule; and-
(d) In no event shall more than nine (9) months elapse between such progress
reports to the Executive Director._
SEC. 6-34. 21�. REPORTS ON COMPLIANCE WITH CATEGORICAL PRETREATMENT
STANDARD DEADLINE._
(a) Within ninety (90) days following the date for final compliance with applicable
categorical pretreatment standards, 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
Executive Director a report containing the information described in SEC. 6-32
34(13)(4)-(13)(6) of these Rules and Regulations.
(b) For Users subject to equivalent mass or concentration limits established in
accordance with the procedures in 40 CFR 403.6(c), this report shall contain
a reasonable measure of the User's long-term production rate._
c In cases where the Categorical Pretreatment Standard requires compliance
with a BMP or pollution prevention alternative the User shall submit
documentation as _required by the applicable Categorical Pretreatment
Standard necessary to determine the compliance status of the User.
{�(d) For all other Users subject to categorical pretreatment standards expressed in
terms of allowable pollutant discharge per unit of production (or other measure
of operation), this report shall include the User's actual production during the
appropriate sampling period._
,�PLe�_All compliance reports must be signed and certified in accordance with SEC.
6-23 of these Rules and Regulations._
SEC. 6-35. 34. PERIODIC COMPLIANCE REPORTS.
(a) All Significant Industrial Users shall, at a frequency determined by the
Executive Director but in no case less than twice per year submit a report
containing at a minimum:_
(1) The nature and concentration of pollutants in the discharge which are
limited by pretreatment standards; and_
(2) The measured or estimated average and maximum daily flows for the
reporting period. In cases where the Categorical Pretreatment
Standard or the Executive Director requires compliance with a BMP or
63
Pollution prevention alternative. the User shall submit documentation
as required by the Executive Director or the applicable Categorical
Pretreatment Standard necessary to determine the compliance status
of the User
(b) All periodic compliance reports shall be signed and certified in accordance with
SEC. 6-23 of these Rules and Regulations._
(c) All Non -Significant Categorical Industrial Users (NSCIUs) shall submit a report
annually in the month specified by the Executive Director. The report shall be
completed according to the Airport's current reporting requirements including
the submittal of the applicable certification statement found in SEC 6-23 of
these Rules and Requlations
{s)LqL_All wastewater samples shall be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
64
failure of a User to keep its monitoring facilities or equipment in good working
order shall not be grounds for the User to claim that sample results are
unrepresentative of its discharge._
(d)Leh_lf a User subject to the reporting requirement in this section monitors any
pollutant more frequently than required by the Executive Director, the results
of this monitoring shall be included in the report._
{e)ffL__At the Executive Director's discretion, sampling and analysis may be
performed by the Board and/or Control Authority rather than by the User(s)._
M.T.
RV?■ —
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w • - - MAI
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Mt S. • w w- � �a •.
SEC. 6-36. 3& REPORTS OF CHANGED CONDITIONS.
(a) Each User must notify the Executive Director of any planned significant
changes to the User's operations or system(s) which might alter the nature,
quality, or volume of User's wastewater, such notice to be provided in writing
before the change is made._
(b) The Executive Director may require the User to submit such information as
may be deemed necessary to evaluate the changed condition, including the
submission of a wastewater discharge permit application under SEC. 6-22 of
these Rules and Regulations._
{c) The Executive Director may issue a wastewater discharge permit under SEC. 6-
(c) 25 or modify an existing wastewater discharge permit under SEC. 6-27 in
response to changed conditions or anticipated changed conditions._
65
(d) For purposes of this requirement, significant changes include, but are not
limited to, flow increases of twenty percent (20%) or greater and the discharge
of any previously unreported pollutants._
SEC. 6-37. 3& REPORTS OF ACCIDENTAL DISCHARGES OR POTENTIAL PROBLEMS.
(a) In the case of any discharge capable of causing problems for the POTW,
including without limitation upset, accidental discharges, discharges of a
nonroutine, episodic nature, a nonroutine batch discharge, or a slug load, the
User shall immediately telephone and notify the Executive Director and/or the
Vice President of the Board's Environmental Affairs Department (or other
authorized representative(s) designated by the Executive Director) and Control
Authority of the incident. This notification shall include the location of the
discharge, type of waste or substance, concentration and volume, if known,
and corrective actions taken by the User._
(b) Within five (5) days following such discharge, unless waived by the Executive
Director or the Vice President of the Board's Environmental Affairs Department
(or other authorized representative designated by the Executive Director, the
User shall submit a detailed written report which specifies:_
('I) A description and cause of the discharge, including location of the
discharge, type, concentration and volume of water; and_
(2) All measures taken or to be taken by the User to reduce, eliminate, and
prevent continuation or recurrence of such an upset, slug load, or
accidental discharge, spill, or similar occurrences._
(c) Such notification shall not relieve the User of any expense, loss, damage, or
other liability which may be incurred as a result of damage to the Airport
Wastewater System, POTW, 6 28 natural resources, or any other damage to
person or property; nor shall such notification relieve the User of any fines,
penalties, or other liability which may be imposed pursuant to these Rules and
Regulations._
(d) A notice shall be permanently posted on the User's bulletin board or other
prominent place advising employees who to call in the event of a discharge
described in subsection (A) above. Employers shall ensure that all employees
who may cause or witness such a discharge are advised of the emergency
notification procedure._
(e) Significant Industrial Users must notify the Executive Director immediately of
any changes at their facilities affecting the otential for a Slug Discharge.
SEC. 6-38. 37-. REPORTS FROM NON -PERMITTED USERS.
All persons/Users conducting operations or business at the Airport, whether or not the
person/User has or is required to obtain a wastewater discharge permit, shall provide
appropriate reports to the Executive Director as the Executive Director may require._
SEC. 6-39. 48- NOTIFICATION OF VIOLATION BASED ON SELF -MONITORING.
67
If monitoring, sampling, or wastewater analysis performed by or for a User indicates
that a violation of this Chapter or a permit issued to User under this Chapter has occurred,
the User shall:
(a) Inform the Executive Director and/or the Vice President of the Board's
Environmental —Affairs —Department —(or. —other —authorized --representative_
68
(a) designated by the Executive Director) of the violation within twenty-four (24)
hours of the User's becoming aware of the violation;_
(b) Within thirty (30) days after becoming aware of the violation, unless waived by
the Executive Director or the Vice President of the Board's Environmental
Affairs Department (or other authorized representative designated by the
Executive Director), submit to the Executive Director or to the authorized
representative designated by the Executive Director a report that addresses:_
(1) the time, date, location, processes, and operations associated with the
violation, and the personnel assigned responsibility and/or present
during the violation;_
(2) the cause or probable cause of the noncompliance; and_
(3) the actions taken and implemented to meet permit conditions;_
(c) Repeat the sampling and pollutant analysis and submit to the Executive
Director, or to the authorized representative designated by the Executive
Director, the results of this repeat analysis within thirty (30) days after
becoming aware of the violation. The User is not required to resample if the
Executive Director monitors or performs sampling at the User's facility,
premises, or site(s) at least once a month, or if the Executive Director samples
between the User's initial sampling and the time when the User receives the
results of this sampling._
SEC. 6-40. � NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTE.
(a) Pursuant to 40 CFR 403.12(p), any User who commences the discharge of
hazardous waste shall notify the Executive Director, the Control Authority, the
EPA Region Vl Waste Management Division Director, and State hazardous
waste authorities, in writing, of any discharge into the POTW of a substance
which, if otherwise disposed of, would be a hazardous waste under 40 CFR
Part 261.
(1) Such notification shall include the name of the hazardous waste as set
forth in 40 CFR Part 261, the EPA hazardous waste number, and the
type of discharge (continuous, batch, or other)._
(2) If the User discharges more than 100 kilograms of such waste per
calendar month to the POTW, the notification also shall contain the
following information to the extent such information is known and
readily available to the User: an identification of the hazardous
constituents contained in the wastes, an estimation of the mass an
concentration of such constituents in the waste stream discharged
during that calendar month, and an estimation of the mass of
constituents in the waste stream expected to be discharged during the
following twelve (12) months._
')All notifications shall take place no later than one hundred and eighty_
.•
(9 80) days after the discharge commences. Any notification under this Subsection
(A) need be submitted only once for each hazardous waste discharged.
However, notifications of changed -conditions must -be
70
(3) submitted under SEC. 6-3635 of these Rules and Regulations. The
notification requirement in this section does not apply to pollutants
already reported by Users subject to categorical pretreatment
standards under the self --monitoring requirements of SEC. 6.31, 6-32,
6-33, and 6-34 33_of these Rules and Regulations._
(b) A discharger is exempt from the requirements of subsection (A) during a
calendar month in which it discharges no more than fifteen (15) kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes specified
in 40 CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15)
kilograms of non -acute hazardous wastes in a calendar month, or of any
quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and
261.33(e), requires a one-time notification. Subsequent months during which
the User discharges more than such quantities of any hazardous waste do not
require additional notification._
(c) In the case of any new regulations under Section 3001 of the Solid Waste
Disposal Act, 42 USC§§ 6901 et seq., as amended (also known as "RCRA"),
identifying additional characteristics of hazardous waste or listing any
additional substance as a hazardous waste, the User shall notify the Executive
Director, the Control Authority, the EPA Region VI Waste Management Waste
Division Director, and State hazardous waste authorities of the discharge of
such substance within ninety (90) days of the effective date of such
regulations._
(d) In the case of any notification made under this Section, the User shall certify
that it has a program in place to reduce the volume and toxicity of hazardous
wastes generated to the degree it has determined to be economically practical.
(e) This Section does not create a right to discharge any substance not otherwise
permitted to be discharged by these Rules. and Regulations, a permit issued
there under, or any applicable federal or state law._
SEC. 6-41. 40. ANALYTICAL REQUIREMENTS.
All pollutant analyses, including sampling techniques, to be submitted as part of a
wastewater discharge permit application or report shall be performed. in accordance with the
techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable
categorical pretreatment standard. If 40 CFR §P-a4 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the EPA determines that the Part
136 sampling and analytical techniques are inappropriate for the pollutant in question then
sampling and analyses shallmw6t be performed by using validated analytical methods or anV
applicable sampling and analyticalin aGGardanee with procedures, including procedures
suggested by the Executive Director, the EPA, TCEQ, or other parties approved by EPA.. -
SEC. 6-42. 44- SAMPLE COLLECTION.
(a) Except as indicated in paragraphs (b) and (c) of this section,subseStigR (E}
the User must collect wastewater samples using 24hour flow proportional
71
composite sam IIiin_g ea techniques, unless time. 1R the event f!Gw
proportional composite sampling or grab sampling is authorized byflet rrvrfeasible,
the Executive Director. Where time proportional composite sampling or grab
sampling is authorized by the Executive_ Director, ma atWiori7n the iuse. At
samples must
bewhere_, the I SeF rler.-ORstrntes that this will nrnVi representative of the
discharge. Using rotocols(including appropriate reservation specified in 40
CFR Part 136 and appropriate EPA guidance, multiple grab samples collected
during a 24hour period may composited prior tL)sample m 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 and
grease, the samples may be composited in the laborato . Composite samples
for other parameters unaffected by the compositinq procedures as
documented in approved EPA methodologies may be authorized by the Airport
Board, as appropriate.eff uent being dischaFge . In addition, grab samples
may be required to show compliance with Instantaneous LimitsiRstaotaeeous
dicrharge limitc
ca
72
(b) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and
volatile organic compounds shall be obtained using grab collection techniques.
(c) For sampling required in support of baseline monitoring and 90 day
compliance reports required in SEC 6-32 and 6-34 r40 CFR § 403.12 b and
(d)J. 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 samp lin data does not exist: for facilities for which
historical sampling data are available, the Executive Director may authorize a
lower minimum. For the reports required by SEC 6-35 4( 0 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 Reauirements.
SEC. 6-43. DATE REPORTS DEEMED RECEIVED.
S€C. 6-42. ATE p�R� W-E9:
Written reports and other documents submitted to the Executive Director pursuant to
these Rules and Regulations or a permit or lawful order issued hereunder will be deemed to
have been submitted on the date postmarked. For reports or documents that are not mailed,
postage prepaid, into a mail receptacle serviced by the United States Postal Service, the date
of actual receipt of the document shall govern._
SEC. 6-44. 43- RECORD -KEEPING REQUIREMENTS.
(a) Any and all Users subject to the reporting requirements of these Rules and
Regulations shall maintain, retain, and make available for inspection and
copying upon request by the Executive Director, the Control Authority and/or
the Approval Authority and at a single location, all records of information
obtained pursuant to or resulting from any monitoring activities required by
these Rules and Regulations and any additional records of information
obtained pursuant to monitoring activities undertaken by or for the User
independent of such requirements._
(b) 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._
(c) These records shall remain available to the Board and/or Executive Director
for a period of at least three (3) years. This retention period shall be
automatically extended for the duration of any relevant litigation concerning
the User or the Board, its owner cities, and/or the Control Authority, or where
the User has been specifically notified of a longer retention period by the
Executive Director,
ARTICLE VII.
COMPLIANCE MONITORING._
73
SEC. 6-45. 447 RIGHT OF ENTRY: INSPECTION AND SAMPLING.
The Executive Director and/or the Control Authority, TCEQ, or EPA or their designated
representative(s) shall have the right to enter any User's facility, premises, or site on the
Airport to determine whether the User is complying with all requirements of these Rules and
Regulations and any wastewater discharge permit or order issued hereunder. Users shall
allow all such representatives ready access to all parts of the premises for the purposes of
inspection, observation, measurement, monitoring, testing, sampling, records examination
and copying, and the performance of any additional duties or activities the representative
deems necessary._
(a) Where a User has security measures in force which require proper
identification and clearance before entry into its premises or site, the User shall
make necessary arrangements with its security guards so that, upon
presentation of suitable identification, the representatives of the Board, Control
Authority, TCEQ_
74
or EPA will be permitted to enter without. delay for the purposes of performing
specific responsibilities._
(b) The Executive Director and/or Control Authority shall have the right to set up
or install, or require installation of, on a User's/person's facility, premises, or
site at the Airport such devices as the Executive Director and/or Control
Authority deem(s) necessary to conduct sampling and/or metering of the
User'slperson's operations. All such sampling and analysis performed by the
Board and/or Control Authority to monitor compliance shall be at the expense
of the User, unless the Executive Director determines otherwise._
(c) The Executive Director and/or Control Authority may require a User or any
person who occupies or leases any facility, premises, or property at the Airport
to install monitoring equipment as the Executive Director and/or Control
Authority deem(s) necessary. The User'slperson's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the Userlperson at its own expense. All devices used to measure
wastewater flow and quality shall be calibrated at least annually to ensure their
accuracy._
(d) Any temporary or permanent obstruction to safe and easy access to the facility,
premises, or site to be inspected and/or sampled shall be promptly removed
by the User or person who occupies or leases the subject property at the
written or verbal request of the Executive Director and/or Control Authority and
shall not be replaced. The costs of clearing such access shall be borne by the
User or person who occupies or leases the subject property._
(e) Unreasonable delays in allowing the Executive Director, Control Authority,
TCEQ or EPA access to a User'slperson's facility, premises, or site at the
Airport shall be a violation of these Rules and Regulations._
(f) In accordance with 40 CFR_§ 403, the Executive Director shall inspect and
monitor each Significant Industrial User a minimum of once per year. If the
Executive Director elects to perform compliance monitoring for the Significant
Industrial User then the Executive Director will monitor the industry a minimum
of semiannually.
The Executive Director shall inspect each NSCIU a minimum of once per year,
If the Executive Director elects to perform compliance monitoring for the
NSCIU then the Executive Director will monitor the industry a minimum of one
time each permit cycle.
SEC. 6-4645. SEARCH WARRANTS.
If the Executive Director and/or Control Authority has been refused access to a
building, structure, or property, or any part thereof, and is able to demonstrate probable cause
to believe that there may be a violation of this Chapter, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program of the Board designed
to verify compliance with these Rules and Regulations or any permit or order issued
hereunder, or to protect the overall public health, safety and welfare of the community, then
75
the Executive Director and/or Control Authority may seek issuance of a search warrant from
an appropriate court._
ARTICLE VIII.-
CONFIDENTIALITY OF RECORDS OR OTHER INFORMATION.
SEC. 6-47. 4& INFORMATION AVAILABLE TO PUBLIC.
Information and data on a User obtained from reports, surveys, wastewater discharge
permit applications, wastewater discharge permits, and monitoring programs, and from related
inspection and sampling activities, shall be available to the public without restriction, unless the
User or person furnishing or claiming ownership or control of such information or data specifically
requests, and is able to demonstrate to the satisfaction of the Board and/or the_
76
Attorney General of the State of Texas, that the release of such information would
divulge information, processes, or methods of production entitled to protection as trade
secrets under the Texas Public Information Act or other applicable law._
SEC. 6-48. 47- CLAIM OF CONFIDENTIALITY.
A person making an assertion of confidentiality must do so at the time the information
or data is submitted, as follows:_
(a) A cover sheet, stamped or typed legend, or other form of written notice shall
be placed on or attached to the information, denoting it as "trade secret,"
"proprietary," or "confidential."
(b) If only portions of a document are alleged to be confidential, such portions shall
be clearly identified, and may be submitted separately to facilitate handling and
identification by the Executive Director or his designated representatives._
(c) If the submitter wants the information to remain confidential only to a certain
date or until the occurrence of a certain event, this shall also be clearly stated.
SEC. 6-49. 48- AVAILABILITY FOR GOVERNMENTAL AND JUDICIAL USE,
All submitted information will be made available promptly upon request to
governmental agencies or appropriate judicial or court officers for uses related to the Control
Authority's or Board's TPDES permits, programs or pretreatment program, and in
enforcement proceedings involving the User or person furnishing the information._
SEC. 6-50. 49-. EFFLUENT DATA NOT CONFIDENTIAL.
Wastewater constituents and characteristics and other "effluent data" as defined by
40 C1=R 2.302 will not be recognized as confidential information and will be available to the
public without restriction._
ARTICLE IX. -
PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
SEC. 6-51. 64- PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.
In accordance with 40 CFR Part 403.8(f)(2)(viii)(A-H), the 4�Executive Director of
shall publis.,have pulaks annually, in at"^ 3nrnnn4 newspaper of
general circulation that provides meaningful ul public notice withinpub'06hed in the jurisdictions
served by 4 iri�� the POTW
77
Beams+, a list of the usersUse% which, at any time during the previous twelve (12) months,
were in significant noncompliance with applicable pretreatment standards and requirements.
For purposes of this Section, the term significant noncompliance shall mean:_
(a) Chronic violations of wastewater discharge limits, defined here as those in
which sixty-six percent (66%) or more of wastewater measurements taken
during a six- month period exceed the daily maximum limit or average limit for
the same pollutant parameter by any amount;-
78
(b) 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-month period equals or exceeds the
product of the daily maximum limit or the average limit multiplied by the
applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other
pollutants except pH);_
(c) Any other discharge violation that the Executive Director
Authority ho❑alma has caused, alone or in combination with other discharges,
interference or pass through, including endangering the health of POTW or
Board personnel or the general public;_
(d) Any discharge of pollutant(s) that has caused imminent endangerment to the
public or to the environment or has resulted in the Executive Director OF
Authority'sexerciseof its emergency authority to halt or prevent such a
discharge;_
(e) Failure to meet, within ninety (90) days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or
enforcement order for starting construction, completing construction, or
attaining final compliance;_
(f) Failure to provide within forty-five (45thirty (3 ) days after the due date, any
required reports, such as baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self -monitoring
reports, and reports on compliance with compliance schedules._
(g) Failure to accurately report noncompliance; or-
(h) Any other violation(s) which may include a violation of Best Management
Practices, which the Executive Director determines
will adversely affect the operation or implementation of the local pretreatment
program._
ARTICLE X.
ADMINISTRATIVE ENFORCEMENT REMEDIES._
SEC. 6-52. 51. NOTICE OF VIOLATION.
(a) When the Executive Director finds that any person has violated, or continues
to violate, any provision of this Chapter or any wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement,
the Executive Director may issue or cause to be issued to such person a
written Notice of Violation (NOV)._
(b) Within the time frame specified in the N0VNQV1 which is usually, but not
always, not later than the tenth day after receipt of the notice, the person
79
issued the notice of violation ("violator") shall submit to the Executive Director
or his designated representative, as indicated by the notice of violation, an
explanation of the violation and a plan for the satisfactory correction and
prevention of a reoccurrence of the violation. Such Man shall include specific
actions to -be taken by t
VI I
ti
:1
(c) If the violator denies that any violation occurred, or contends that no corrective
action is necessary, he shall submit to the Executive Director or his designated
representative, as indicated by the notice of violation; no later than the date
specified in the NOV, a written explanation of the basis of any such denial or
contention.
(d) Submission of an explanation and/or plan in no way relieves a person of liability
for any violations occurring before or after receipt of the notice of violation._
(e) Issuance of a notice of violation shall not be a bar against, nor a prerequisite
for, taking any other action against a violator._
SEC. 6-53. 52L: CONSENT ORDER.
(a) The Executive Director may enter into a consent order, assurance of voluntary
compliance, or similar agreement with any person responsible for a
noncompliance with any provision of this Chapter or any permit or lawful order
issued hereunder.
(b) Such agreement may include specific action to be taken by the violator to
correct the noncompliance within a time period specified by the agreement._
(c) Such agreements have the same force and effect as compliance orders and
shall be judicially enforceable._
(d) Issuance of a consent order shall not be a bar against, nor a prerequisite for,
taking any other action against a violator.
SEC. 6-54. ,93SHOW CAUSE HEARING.
(a) The Executive Director may order any person or User who has violated or who
continues to violate any provision of this Chapter or any wastewater discharge
permit or order issued hereunder, or any other applicable pretreatment
standard or requirement, to appear before the Executive Director and show
cause why a proposed enforcement action should not be taken._
(b) Notice of the show cause hearing shall be served on the person or User
specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such action, and a request that the User show cause
why the proposed enforcement action should not be taken. The notice of the
meeting shall be served personally or by registered or certified mail (return
receipt requested) at least ten (1 D) days prior to the hearing. If the hearing is
rescheduled for any reason, a revised notice shall be served at least three (3)
days prior to the rescheduled hearing date. Such notice may be served on any
authorized representative of the person or User._
81
(c) A show cause hearing shall not be a bar against, or a prerequisite for, taking
any other action against a person or User._
SEC. 6-55. 54. COMPLIANCE ORDER.
82
(a) When the Executive Director finds that any person has violated, or continues
to violate, any provision of this Chapter, any permit or lawful order issued
hereunder, or any other applicable pretreatment standard or requirement, the
Executive Director may issue a compliance order to such person or User,
directing it to come into compliance within a specified time limit. If the person
or User does not come into compliance within the time provided, the
person's/User's sewer service may be discontinued unless adequate treatment
facilities, devices, or other related appurtenances are installed and properly
operated._
(b) Compliance orders may contain other requirements to address
noncompliance, including additional management practices and self -
monitoring to minimize the amount of pollutants discharged._
(c) A Compliance order may not extend the deadline for compliance established
by a state or federal standard or requirement._
(d) A Compliance order shall not relieve a person or User of liability for any
violation, including any continuing violation._
(e) A person or User receiving a compliance order may file a written notice of
appeal with the Executive Director or his designated representative, as
indicated by the compliance order, no later than the tenth day after receipt of
the order. Such notice of appeal shall include an explanation as to why the
person believes the enforcement action should not be taken._
(f) Issuance of a compliance order shall not be a bar against, nor a prerequisite
for, taking any other action against a person or User._
SEC. 6-56, 55 CEASE AND DESIST ORDER.
(a) Whenever the Executive Director finds that any person or User has violated,
or continues to violate, any provision of this Chapter, or any wastewater
discharge permit or order issued hereunder, or any other applicable
pretreatment standard or requirement, or finds that the User's/person's past
violations are likely to recur, the Executive Director may issue an order to such
person/User directing it to cease and desist all such violations and directing
the User to:
(1) immediately comply with all requirements; and_
(2) take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge._
(b)
SEC. 6-57. 56
Issuance of a cease and desist order shall not be a bar against, or a
prerequisite for, taking any other action against a person or User._
STOP WORK ORDER._
83
(a) Whenever the Executive Director finds that any person or User who has been
issued a construction permit by the Airport Board or who operates or has day-
to-
84
day control of a construction site at the Airport has violated, or continues to
violate, any provision of this Chapter, or any wastewater discharge permit or
order issued there under, the Executive Director may cause a stop work order
to be issued to the person or User, to be posted at the construction site or
other location specified in the order, and to be distributed to all Board
departments and divisions whose decisions affect any construction permit or
activity at the affected site(s)._
(b) Unless express written exception is made by the Executive Director, the stop
work order shall prohibit any further construction or related activity at the site
and shall bar any further inspection or approval by the Board associated with
any Board permit or any other Board approval necessary to commence or
continue construction or to assume occupancy at the permitted location or site.
(c) A person or User receiving a stop work order under this Section may file a
written notice of appeal with the Executive Director or the person who
authorized issuance of the order, as indicated by the order, no later than the
tenth day after receipt of the stop work order. Such notice shall include an
explanation as to why the person or User believes the enforcement action
should not be taken._
(d) Issuance of a stop work order shall not be a bar against, or a prerequisite for,
taking any other action against a person or User._
SEC. 6-58. 5-7-. EMERGENCY SUSPENSION OF WATER UTILITY SERVICE AND/OR
ACCESS TO WASTEWATER SYSTEM._
(a) The Executive Director may immediately and without hearing suspend a User's
Board provided water utility service and/or access to the Airport Wastewater
System whenever such suspension is necessary in the opinion of the
Executive Director to stop an actual or threatened discharge that reasonably
appears to:_
(1) Present or cause imminent or substantial danger to the environment or
to the health or welfare of persons;_
(2) Present or cause imminent or substantial danger to the POTW; or_
(3) Cause or threaten to cause pass through or interference with the
operation of the POTW._
(b) If time permits, the Executive Director should notify the User prior to the
suspension._
(c) As soon as practicable after the suspension of the water utility service and/or
access to the Airport Wastewater System, the Executive Director shall notify
the User of the suspension in person or by certified mail, return receipt
requested. Such notice may be provided, but shall not be required, if the User
was notified prior to the suspension as provided in Subsection (B) above._
(d)—Any User notified of a suspension of its water utility service and/or access to the
Airport Wastewater System shall immediately stop or eliminate its contribution. In
the event of a User's failure to comply immediately and voluntarily with the-
M.-
(d) suspension order, the Executive Director may take such steps as deemed
necessary to prevent or minimize damage to the POTW, its receiving stream,
or endangerment to any individuals. Such steps may include immediate
severance of the User's water service and sewer connection.
The 1-1--a- shall Hot watep Utility sepvi to the.l.ir-Ined
(e)
e) The User shall nrecommence its water utility servicer h
Airport Wastewater System until the Executive Director so authorizes and:
(1) The User presents proof satisfactory to the Executive Director that the
noncompliant discharge has ceased;_
(2) The User presents proof satisfactory to the Executive Director that the
conditions creating the threat of imminent or substantial danger have
been eliminated and the period of endangerment has passed;_
(3) The User pays the Board for all costs incurred by the Board in
responding to the discharge or threatened discharge, unless all or part
of such payment is waived by the Executive Director; and_
for all QostsQ_Qard.-Wjfl incur1 reinstatbg
UseLMs
the :•.
•
unless
all
or part
of such payment is waLyed 4 the-Executave
Director
(f) A User may appeal a suspension under this Section in accordance with the
appeal procedures as provided in this Chapter. The remedies provided by this
Section are in addition to any other remedies set out in this Chapter. Exercise
of this remedy shall not be a bar against nor a prerequisite for, taking other
action against a violator._
SEC. 6-59. 58. NON -EMERGENCY TERMINATION OF WATER UTILITY SERVICE
AND/OR ACCESS TO WASTEWATER SYSTEM.
(a) A User who violates any of the following conditions is subject to the termination
of its Board provided water utility service and/or access to the Airport
Wastewater System:_
(1) Violation of wastewater discharge permit conditions or any lawful order
of the Executive Director, including without limitation any order under
ARTICLE X;
(2) Failure to accurate ly= report the wastewater constituents and
(-2-) characteristics of its discharge;_
87
(3) Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;_
(4) Refusal of reasonable access to the User's premises for the purpose
of inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards of this Chapter._
88
(b) The User will be notified of the proposed termination of its water utility service
and/or access to the Airport Wastewater System and be offered an opportunity
to show cause under SEC. 6-5443 of this Chapter why the proposed action
should not be taken.
(1) The User presents proof satisfactory to the Executive Director that the
noncompliant discharge has ceased;_
(2) The User presents proof satisfactory to the Executive Director that the
conditions creating the threat of imminent or substantial danger have
been eliminated and any period of endangerment has passed;_
�ri�s= riv - i • f LOOM.116remaiuiy J1• - •
(d) Exercise of this option by the Executive Director shall not be a bar to, or a
prerequisite for, taking any other action against the User._
SEC. 6-60. 49- ADMINISTRATIVE FINES.
(a) The Executive Director shall have the authority to levy one or more
administrative fines against a person, User, or permittee who violates any
provision of these Rules and Regulations or any wastewater discharge permit
or order issued pursuant to this Chapter._
(b) Administrative fines under this Chapter shall be established in accordance
with, and provided in, the Schedule of Charges as amended._
(c) Delinquent or past due fines shall constitute cause for the Executive Director
to immediately suspend any wastewater discharge permit or other written
authorization of any person/User issued under this Chapter until such fines are
paid in full and/or to take any other legal action deemed necessary to recover
delinquent or past due fines._
89
ARTICLE XI._
JUDICIAL ENFORCEMENT REMEDIES.
SEC. 6-61. W. INJUNCTIVE RELIEF.
Whenever the Executive Director finds that a person or User has violated, or continues to
violate, any provision of this Chapter, a wastewater discharge permit, or an order issued
hereunder, or any other pretreatment standard or requirement, the Executive Director may petition
an appropriate Court through the Board's legal counsel for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific performance of the
wastewater discharge permit, order, or other requirement imposed by these Rules and
Regulations on activities of the person or User. The Executive Director may also seek such_
other action as is appropriate for legal and/or equitable relief, including a requirement
for the person or User to conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other action against a person or
User.
SEC. 6-62. 61—CIVIL PENALTIES.
(a) A person or User who has violated, or continues to violate, any provision of
this Chapter, a wastewater discharge permit, or order issued hereunder, or any
other pretreatment standard or requirement shall be liable to the Board for a
maximum civil penalty of One Thousand Dollars ($1,000.00) per violation, per
day. In the case of a monthly or other long term average discharge limit,
penalties shall accrue for each day during the period of the violation._
(b) The Board may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement of this Chapter, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
Board, including without limitation costs of response, remediation, abatement,
or restoration incurred by the Board, as allowed under state or federal laws, or
at common law._
(c) In determining the amount of civil liability, the Court shall take into account all
relevant circumstances, including, but not limited to, the extent of harm caused
by the violation, the magnitude and duration of the violation, any economic
benefit gained through the person's/User's violation, corrective actions by the
person or User, the compliance history of the person or User, and any other
factor as justice requires._
(d) Filing a suit for civil penalties or other remedies shall not be a bar against, or
a prerequisite for, taking any other action against a person or User._
SEC. 6-63. 62CRIMINAL PROSECUTION.
(a) Criminal Offenses_
(1) A person commits an offense if the person violates, or causes or
permits another person to violate, or assists in the commission of a
violation of, any applicable provision of this Chapter, a wastewater
discharge permit, or order issued hereunder, or any other pretreatment
standard or requirement._
(2) A person commits an offense if the person leases, operates, manages,
occupies, is in control of, or has a permit to use any facility, premises,
or site at the Airport and there occurs a discharge from such location
to the POTW and/or Airport Wastewater System in violation of this
Chapter, a permit or order issued pursuant to this Chapter, or any
pretreatment standards or requirements._
91
(3) A person commits an offense if the person leases, operates, manages,
occupies, is in control of, or has a permit to use any facility, premises,
or site at the Airport and fails to make any report to the Executive
Director as required by this Chapter or a permit or order issued
pursuant to this Chapter.
92
(4) A person commits an offense if the person introduces or causes to be
introduced any substance into the Airport Wastewater System and/or
the POTW that causes personal injury or property damage.
Prosecution of a person under this subsection (D) shall not be a bar
against, or a prerequisite for, any other cause of action for personal
injury or property damage available under federal or state law._
(5) A person commits an offense if the person makes any false
statements, representations, or certifications in any application, record,
report, plan, or other documentation filed, or required to be maintained,
pursuant to this Chapter or any permit or order issued hereunder, or if
the person falsifies; tampers with, or renders inaccurate any monitoring
device or method required under this Chapter._
(b) Criminal Penalties_
(1) A person, who violates any provision of this Chapter, or any term or
condition of any permit or order issued hereunder, is guilty of a
separate offense for each day or portion of a day during which the
violation is continued. Each offense is punishable by a fine not to
exceed Two Thousand Dollars ($2,000.00) or the maximum allowable
by law; provided, however, that where the offense is one for which a
penalty is otherwise fixed by state or federal law, such law shall govern,
if either is exclusive.
(2) A culpable mental state is not required for commission of an offense
under this Chapter unless the provision defining the conduct expressly
requires a culpable mental state._
(3) Prosecution for an offense under this SEC. 6-6362 does not preclude
the use of other enforcement remedies or procedures applicable to the
person charged with, or the conduct involved in, the offense._
ARTICLE XII.
SUPPLEMENTAL ENFORCEMENT ACTION._
SEC. 6-64, 63-. PERFORMANCE BONDS.
The Executive Director may decline to issue or reissue a wastewater discharge permit
to any User who has failed to comply with any provision of this Chapter, a previous
wastewater discharge permit, or order issued pursuant to this Chapter, or any other
pretreatment standard or requirement, unless such User first files a satisfactory bond, payable
93
to the Board, in a sum not to exceed a value determined by the Executive Director to be
necessary to achieve consistent compliance._
SEC. 6-65. 64. LIABILITY INSURANCE.
94
The Executive Director may decline to issue or reissue a wastewater discharge permit
to any User who has failed to comply with any provision of this Chapter, a previous
wastewater discharge permit, or order issued pursuant to this Chapter, or any other
pretreatment standard or requirement, unless the User first submits proof that it has obtained
financial assurances sufficient to restore or repair damage to the POTW and/or Airport
Wastewater System caused by its discharge _
r .. .-
■
.. .. z
95
SEC. 6-66. APPLICABILITY OF MORE STRINGENT REGULATIONS.
A. More Stringent Discharge Limits. If national pretreatment standards, categorical or
otherwise more stringent than the discharge limits prescribed in this article are promulgated
by the United States Environmental Protection Agency for certain industries, the more
stringent national pretreatment standards will apply to the affected industrial user. A violation
of the more stringent national pretreatment standards will also be considered a violation of
this ordinance.
B. Applicability of More Stringent Discharge Limits. An industrial user within the
Airport who discharges industrial waste ultimately received and treated by another
governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement
with the Airport Board
(1) If the governmental entity has more stringent dischar_ a limits than those
prescribed by this ordinance, or by a discharge permit issued hereunder, because the United
States Environmental Protection Agency requires the more stringent discharge limits as part
of the governmental entity's wastewater pretreatment program, the more stringent discharge
limits shall prevail.
(2j _ The _Executive Director_ is authorized to issue a discharge permit to an
industrial user affected by Subsection (1), to ensure notice of and compliance with the more
stringent discharge limits. If the industrial_ user already has a discharge permit, the Executive
Director may amend the permit to apply and enforce the more stringent discharge limits. An
industrial user shall submit to the Executive Director an expected compliance date and an
installation schedule if the more stringent discharge limits necessitate technological or
mechanical adjustments to discharge facilities or plant processes.
(3) If the _Executive Director chooses not to issue or amend a permit under
Subsection (2), the Executive Director shall notify the affected industrial user in writinq of the
more stringent discharge limits and their effective date. Regardless of whether or not a permit
is issued or amended, an industrial user shall be given a reasonable opportunity to comply
with the more stringent discharge limits.
4 The more stringent discharge limits cease to apply upon termination of the
Airport Board's wholesale wastewater contract or reciprocal agreement with the governmental
entity, or upon modification or elimination of the limits by the government entity or the United
0
States Environmental Protection Agency. The Executive Director shall take the appropriate
action to notify the affected industrial user of an occurrence under this Subsection (4).
C. Variances in Compliance Dates. The Executive Director may rant a variance
in compliance dates to an industry when, in the Executive Director's opinion, such action is
necessary to achieve pretreatment or corrective measures. In no case shall the Executive
Director grant a variance in compliance dates to an indust affected by national categorical
pretreatment standards beyond the compliance dates established -by the United States
Environmental Protection Agency.
D. Authority to Regulate. The Executive Director may establish regulations, not
in conflict with this ordinance or other laws, to control the disposal and discharge of industrial
waste into the wastewater system and to ensure compliance with the Airport Board's
pretreatment enforcement program with all applicable pretreatment regulations promulgated
by the United States Environmental Protection Agency. The regulations established shall
where applicable, be made part of any discharge permit issued to an industrial_ user by the
Executive Director
SEC. 6-67. ACT OF GOD.
In an action brought in municipal or state court only:_
(a) An event that would otherwise be a violation of this Chapter that is caused
solely by an act of God, war, strike, riot, or other catastrophe is not a violation.
(b) In any enforcement proceeding, the person or User seeking to establish the
occurrence of an Act of God, war, strike, riot, or other catastrophe shall have
the burden of proof._
(c) If a person or User against whom enforcement action is sought establishes
that the requirements of this SEC. 6-6866 are satisfied, the person/User shall
control production of all discharges to the extent necessary to maintain
compliance with pretreatment standards upon reduction, loss, or failure of its
treatment facility until the facility is restored or an alternative method of
treatment is provided._
SEC. 6-68. 67-- PROHIBITED DISCHARGE STANDARDS.
A person or User shall have an affirmative defense to an enforcement action brought
against it for alleged noncompliance with the general prohibitions in SEC. 6-6(A) of this
Chapter or any specific prohibition(s) in SEC. 6-6(B)(3), (4), (5), (6), or (7), if the User/person
can prove that it did not know, or have reason to know, that its discharge, alone or in
97
conjunction with discharges from other sources, would cause pass through or interference,
and that either:
(a) A local limit exists for each pollutant discharged and the User/person was in
compliance with each limit directly prior to, and during, the pass through or
interference; or
(b) No local limit exists for the pollutant(s) discharged, but the User'slperson's
discharge activity directly prior to and during the Pass Through or Interference
did not change substantially in nature or constituents from the User'slperson's
prior discharge when the POTW was regularly in compliance with the POTW's
TPDES permit requirements and, in the case of interference, was in
compliance with applicable sludge use or disposal requirements._
SEC. 6-69. 69-. BYPASS.
(a) For the purposes of this Section, "Bypass" shall have the meaning set forth in
SEC. 6-4 of this Chapter._
(b) A person or User may allow any Bypass to occur which does not cause
pretreatment standards or requirements to be violated, but only if it also is for
essential maintenance to assure efficient operation. These bypasses are not
subject to the provision of paragraphs (C) through (F) of this Section._
(c) If a User knows in advance of the need for a Bypass, it shall submit prior notice
to the Executive Director, at least ten (10) days before the date of the Bypass,
if possible._
(d) A User shall submit oral notice to the Executive Director of an unanticipated
Bypass that exceeds applicable pretreatment standards within twenty-four (24)
hours from the time the User becomes aware of the Bypass. A written
submission shall also be provided within five (5) days of the time the User
becomes aware of the Bypass. The written submission shall contain a
description of the Bypass and its cause; the duration of the Bypass, including
exact dates and times, and, if the Bypass has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to
reduce, eliminate, and prevent reoccurrence of the Bypass. The Executive
Director may waive the written report on a case -by -case basis if the oral report
has been received within twenty-four (24) hours, as required above._
(e) Bypass is prohibited, and the Executive Director may take enforcement
action(s) against a person or User for a Bypass, unless:_
(1) Bypass was unavoidable to prevent loss of life, personal injury, or
severe property damage;_
(2) There were no feasible alternatives to the Bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or
maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering judgment to
prevent a Bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and_
(3) The person or User submitted notices as required under subsection (B)
of this Section.
(f) The Executive Director may approve an anticipated Bypass, after considering
its adverse effects, if the Executive Director determines that the Bypass will
meet the three conditions listed in paragraph (E)(1) of this Section._
ARTICLE XIV.
FEES AND CHARGES._
SEC. 6-70. W. FEES AND CHARGES.
99
(a) The Board may adopt reasonable fees for reimbursement of costs, of
implementing and operating the Board's and/or the Control Authority's
pretreatment program and/or may adopt reasonable charges in connection
with the administration and enforcement of these Rules and Regulations. Such
fees or charges may be imposed as deemed appropriate or necessary by the
Board and may include:_
(1) Fees for wastewater discharge permit applications, including the cost
of processing such applications;_
(2) Fees for monitoring, inspection, and surveillance procedures, including
the cost of collection, sampling, testing, and/or analysis of a
User'slperson's discharge, and reviewing reports submitted by Users;_
(3) Fees for reviewing and responding to accidental discharge/slug control
plans and procedures, construction applications, tenant alteration
applications, or similar applications or activities;_
(4) Fees for filing appeals;
(5) Fees or surcharges for treating abnormal strength wastes or
wastewater, including without limitation an industrial surcharge in
addition to regular water and sewer rates that may be imposed upon
any User(s) responsible for industrial waste(s) whose admission into
the POTW has been approved by the Executive Director;_
(6) Fees incurred by the Board and/or Control Authority in connection with
an upset, bypass, or unauthorized discharge;_
(7) Additional costs incurred by the Board and/or Control Authority in
transporting or treating wastes or wastewater;_
(8) Costs associated with disconnection/reconnection of a User'slperson's
water utility service and/or access to the Airport Wastewater System
resulting from that User's/person's noncompliance with these Rules
and Regulations;_
(9) Fees and costs incurred by the Board and/or Executive Director in
pursuing any enforcement action resulting from a User'siperson's
noncompliance with these Rules and Regulations or any order or
permit issued hereunder;_
(10) Other fees as the Board and/or Executive Director may deem
necessary to carry out the requirements contained in these Rules and
Regulations._
(b) Fees or charges under this Chapter shall be set out in the Board's Schedule
of Charges and shall be paid in a manner prescribed by the Executive Director.
The fees provided for in this Chapter relate solely to the matters covered by
these Rules and Regulations and are separate from all other fees, fines, and
101
penalties chargeable by the Board. No refund of fees collected pursuant to this
Chapter shall be made.,,
102
SEC. 6-71. 7-0- INDUSTRIAL SURCHARGE.
(a) The Board may charge Users an industrial surcharge for the treating of
abnormal strength wastes. Water or wastes having_
(1) a five-day biochemical oxygen demand greater than two hundred fifty-
(1) (250) parts per million (ppm) by weight or_
(2) containing more than two hundred fifty (250) parts per million by weight
of total suspended solids shall be subject to the review and approval of
the Executive Director. Where the Executive Director has approved the
admission of items (1) or (2) above into the Airport Wastewater System
and/or the POTW, that discharge may be subject to a surcharge as
determined by the Executive Director. In no case shall a discharge be
accepted that will prevent the POTW from meeting its permitted limits.
(b) Any surcharge under this Chapter may be assessed for any month(s)
according to a formula set out in the Schedule of Charges. Imposition of a
surcharge shall not constitute a variance to the requirements of these Rules
and Regulations nor serve as a bar to, or a prerequisite for, taking any other
action against the User._
ARTICLE XV.
MISCELLANEOUS PROVISIONS._
SEC. 5-72. 74� APPEALS.
(a) If the Executive Director denies issuance or renewal of a wastewater discharge
permit or suspends or revokes a wastewater discharge permit as provided in
ARTICLE V of this Chapter, or issues a compliance order or other order as
provided in ARTICLE X of this Chapter, the action is final unless, within ten
days from the date of receiving the written notice of the action, the affected
applicant or User files an appeal, in writing, with the Executive Director
specifying the reasons for the appeal._
(b) The Executive Director shall establish an appeal and hearing procedure that
will give the appealing party an opportunity to present evidence and make
argument. The formal rules of evidence do not apply to an appeal hearing
under this Section, and the ruling shall be based on a preponderance of
evidence presented at the hearing._
(c) The decision rendered through the Board's appeal and hearing procedure is
final.
(d) The effect of a compliance order, stop work order, or cease and desist order
shall be stayed pending the Executive Director's any appeal and decision
thereon, unless the Executive Director expressly makes a written
103
determination to the contrary. The effect of an emergency suspension of water
utility service and/or wastewater system access under SEC. 6-5857 shall not
be stayed pending the Executive Director decision following any appeal
hearing, unless the Executive Director expressly and in writing stays the
emergency order._
104
SEC. 6-73. 72-: EFFECTIVE DATE.
These Rules and Regulations shall be in full force and effective Ten (10) days after the
date of finale#eGt OMMedrately fnflnW}e e#—Pa-- g , approval.
105
1
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/19/24 M&C FILE NUMBER: M&C 24-1012
LOG NAME: 55AMENDMENT TO DFW RULES AND REGS NOVEMBER
SUBJECT
(ALL) Adopt Ordinance Approving Dallas Fort Worth International Airport Board Resolution No. 2024-10-269 Amending Chapter 6, Wastewater
Pretreatment and Discharge Rules and Regulations, of the DFW International Airport's Code of Rules and Regulations
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas Fort Worth International Airport Board Resolution No.
2024-10-269 amending Chapter 6, Wastewater Pretreatment and Discharge Rules and Regulations, of the DFW International Airport's Code of
Rules and Regulations.
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Both State law and the 1968 Contract and Agreement between the Owner Cities of Fort Worth and Dallas require that any amendments to the
Code of Rules and Regulations of the Dallas -Fort Worth International Airport Board (DFW Rules and Regulations) must be approved by the City
Councils of both Fort Worth and Dallas.
The Dallas -Fort Worth International Airport Board (DFW Board) is requesting that the Fort Worth City Council and the Dallas City Council approve
proposed changes to to Chapter 6, Wastewater Pretreatment and Discharge Rules and Regulations, of the DFW Rules and Regulations. This
action will approve the attached amendments to Chapter 6, Wastewater Pretreatment and Discharge Rules and Regulations, of the DFW Rules
and Regulations as follows:
DFW Airport's contract with the Trinity River Authority of Texas (fRA) allows the Board to discharge wastewater into TRA's Central Regional
Wastewater System (CRWS) and requires the Board to enact an ordinance or regulations to implement and enforce applicable pretreatment
requirements;
In connection with TRA's most recent CRWS Texas Pollutant Discharge Elimination System (TPDES) permit application with the Texas
Commission on Environmental Quality, substantial modifications to the pretreatment program were required to support compliance with
40CFR403 and 30TAC315, including updated local limits to control pollutants entering the sanitary sewer; and
This action will approve the attached amendment to Chapter 6 Wastewater, Pretreatment and Discharge Rules and Regulations of the
Airport's Code of Rules and Regulations to implement the program modifications and comply with the TPDES permit.
DFW BOARD APPROVAL: At its meeting on October 3, 2024, the DFW Board adopted DFW Board Resolution No. No. 2024-10-269 and
recommended that the Resolution be submitted to the Owner Cities of Fort Worth and Dallas for their approval.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office W. ALL ACMs 6122
—rWinating Business Unit Head; Leann Guzman 8973
Additional Information -Contact, Leann Guzman 8973
Expedited