§ 41-1. Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future; words used in plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory; "may" is permissive.

Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

Agricultural stormwater runoff means any stormwater runoff from orchards, cultivated crops, pastures, range lands, and other nonpoint source agricultural activities, but not discharges from concentrated animal feeding operations as defined in 40 CFR Section 122.23 or discharges from concentrated aquatic animal production facilities as defined in 40 CFR Section 122.24.

Air gap means a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel.

Approved means accepted as satisfactory under the terms of this chapter and given formal and official sanction by the city.

Approved air gap means an air gap that is at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel in no case less than one (1) inch (2.54 cm.).

Approved backflow prevention assembly means an assembly that has been manufactured in full conformance with the standards established by the latest edition of the American Water Works Association entitled, AWWA/ANSI C510 Standard for Double Check Valve Backflow Prevention Assemblies; AWWA/ANSI C511 Standard for deduced Pressure Principle Backflow Prevention Assemblies; and has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic research of the University of southern California (USC FCCCHR) established in Specifications of Backflow Prevention Assemblies - Section 10 of the most current edition of the Manual of Cross-Connection Control.

Authorized representative of the user means one (1) of the following:

1.

If the user is a corporation, the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation;

2.

If the user is a manufacturing, production, or operation facility employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five million dollars ($25,000,000.00), the manager if authority to sign documents has been assigned or delegated to the manager in compliance with corporate procedures;

3.

If the user is a partnership or sole proprietorship, a general partner or proprietor, respectively; or

4.

If the user is a federal, state, or local governmental facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

An individual described in this definition may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the city.

Auxiliary water supply means any water supply on or available to the premises other than the city's approved public water supply including water from another providers public potable water supply or any natural source such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids.

Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids, gases, or other substances into the distribution pipes of the potable water supply system from any source or sources.

Backflow preventer means an assembly or other means designed to prevent backflow.

Backpressure means any elevation of pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which may cause, a reversal of the normal direction of flow.

Backsiphonage means a form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exist at a site in the water system.

Best management practices (BMP) means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Biochemical oxygen demand (BOD) means the quantity of oxygen, by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees Celsius.

Bypass means the intentional diversion of waste streams from any portion of a user's treatment facility.

CFR means the Code of Federal Regulations.

Categorical pretreatment standard or categorical standard means any regulation containing pollutant discharge limits promulgated by EPA in compliance 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.

Chemical means liquid, semi-liquid, or solid that has the potential to cause a violation of established effluent limitations established by a city, state or federal agency and/or pose a possible treat to the collection or treatment system or to maintenance workers and/or be harmful in any way to the environment.

Chemical oxygen demand (COD) means the measure of oxygen consuming capacity of inorganic and organic matter present in the water or wastewater, expressed in mg/l, or the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.

City means the City of Irving, or the City Council of the City of Irving.

City council means the governing body of the city.

City manager means the city manager of the city, or his or her authorized assistant.

City's water system includes the source facilities, the distribution system; and all those facilities of the water system under the complete control of the provider up to the point where the consumers system begins, usually on the discharge side of the water meter. However, if a meter is located on the consumers property, it is a part of the city's system.

Commencement of construction means the disturbance of soils associated with clearing, grading, or excavating activities or other construction activities.

Commercial means pertaining to any business, trade, industry, or other activity engaged in for profit.

Commission means the Texas Commission on Environmental Quality or other agencies so designated by the state to have authority to regulate industrial waste disposal and liquid waste transporters

Composite sample means 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 constant time intervals providing a representative 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 constant time interval between the aliquots.

Consumer's system includes those parts of the facilities beyond the termination of the water provider's distribution system which are utilized in conveying potable water to points of use, but does not include metering devices used by the city for billing purposes.

Contamination means an impairment of the quality of the water which may create an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.

Control authority means the Trinity River Authority of Texas (TRA). The control authority is the holder the NPDES permit.

Control manhole means a manhole giving access to a building sewer serving an individual user at some point before the building sewer discharge mixes with discharges from other users or other dischargers in the public sewer.

Cross-connection means any unprotected actual or potential connection or structural arrangement between a public or a consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, water of unknown quality, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices and other temporary or permanent device through which or because of which backflow can or may occur are considered to be cross-connections.

Degree of hazard means the relative dangerousness of either a pollution (non-health) or contamination (health) hazard derived from the evaluation of conditions within a system.

Department means the City of Irving Water Utilities Department for Articles 2 through8, and 11. The City of Irving Public Works Department for Articles 9 through 10. Director of water utilities is responsible for Articles 2 through 8 and 11. The director of public works is responsible for Articles 9 through 10.

Discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep, or otherwise release or dispose of into the sanitary or storm sewer or to allow, permit, or suffer any of these acts or commissions and also, means the introduction of pollutants into the POTW from any non-domestic source regulated under Section 307(b), (c), or (d) of the Act.

Discharger means 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.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any liquid waste, solid waste, semi-solid waste, grease trap waste, grit trap waste, septage waste, or special waste into or on any land or water.

Disposal site means a site or part of a site that is permitted for the disposal of grease trap waste, grit trap waste, septage waste, liquid waste, solid waste, semi-solid waste, or special waste.

Disposal site operator means any owner, manager, or employee of a disposal site.

Disposer means a person who receives, stores, retains, processes, or disposes of grease trap waste, grit trap waste, septage waste, liquid waste, solid waste, semi-solid waste, or special waste.

Distribution system includes the network of conduits, pumps, storage tanks, and other appurtenances used for the delivery of water from the source to the consumer's system.

Domestic sewage means human excrement, gray water (from home clothes washing, bathing, showers, dishwashing, and food preparation), other wastewater from household drains, and waterborne waste normally discharged from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, and institutions, that is free from industrial waste.

Double check valve backflow prevention assembly means an assembly composed of two (2) independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks.

Earthwork means the mechanical movement or removal of earth material.

Environmental protection agency or EPA means the United States Environmental Protection Agency or, where appropriate, the regional water management division director of the EPA, or other duly authorized official of that agency.

Erosion means the wearing away of the ground surface as a result of the movement of wind, water, or ice.

Existing source means 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 compliance with Section 307 of the Act.

Extremely hazardous substance means any substance listed in the Appendices to 40 CFR Part 355, Emergency Planning and Notification.

Facility means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.

Fertilizer means a solid or nonsolid substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two (2) or more fertilizers. The term does not include the excreta of an animal, plant remains, or a mixture of those substances, for which no claim of essential plant nutrients is made.

Fill means a deposit of earth material placed by artificial means.

Final stabilization means the status achieved when all soil disturbing activities at a site have been completed, and a uniform perennial vegetative cover with a density of seventy (70) percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures (such as the use of riprap, gabions, or geotextiles) have been employed.

Fire department means the fire department of the City of Irving, or its duly authorized representative.

Fire protection water means any water, and any substances or materials contained in it, used by any person other than the fire department to control or extinguish a fire.

GPD means gallons per day.

Garbage means animal and vegetable wastes and residue from preparation, cooking, or dispensing of food and from the handling, processing, storage, and sale of food products or produce.

Generator means a person who causes, creates, generates, or otherwise produces liquid waste or garbage.

Grab sample means 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.

Grading means any excavating and/or filling.

Grease means fats, waxes, oils, and other similar materials in water or wastewater, as determined by procedures specified in 40 CFR Part 136.

Grease trap means a water-tight receptacle designed and constructed to intercept and remove grease, fatty liquid, semi-liquid, and/or solid wastes from the wastewater generated by commercial operations.

Grease trap waste means greasy, fatty liquid, semi-liquid, and/or solid wastes removed from the wastewater of commercial operations by a grease trap.

Grit trap means a watertight receptacle designed and constructed to intercept and remove petroleum based oil, grease wastes, and solids from the wastewater generated by a commercial vehicle or heavy machinery repair and/or washing facility.

Grit trap waste means petroleum-based oil, grease wastes, and solids removed from the wastewater of commercial vehicle or heavy machinery repair and/or washing facilities.

Harmful quantity means the amount of any substance that will cause pollution of water in the state.

Hazardous household waste (HHW) means any material generated in a household (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreational areas) by a consumer which, except for the exclusion provided in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261.

Hazardous substance means any substance listed in Table 302.4 of 40 CFR Part 302.

Hazardous waste means any liquid, semiliquid, or solid waste (or combination of wastes) which, because of its quantity, concentration, physical, chemical, or infectious characteristics, may:

1.

Be toxic, corrosive, an irritant, a strong sensitizer, flammable or combustible, explosive, or otherwise capable of causing substantial personal injury or illness; or

2.

Pose a substantial hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed, and is identified or listed as a hazardous waste as defined by the Texas Solid Waste Disposal Act or the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to the Federal "Solid Waste Disposal Act," as amended by the "Resource Conservation and Recovery Act of 1976" and as may be amended in the future and any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261.

Hazardous waste treatment, disposal, and recovery facility means all contiguous land, structures, other appurtenances, and improvements on the land used for the treatment, disposal, or recovery of hazardous waste.

Health hazard means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer's potable water system that would be a danger to health.

Herbicide means a substance or mixture of substances used to destroy a plant or to inhibit plant growth.

Industrial fluid means any fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration which may constitute a health system pollution or plumbing hazard if introduced into an approved water supply including, but not limited to:

1.

Polluted or contaminated used waters;

2.

All types of process waters, and "used waters" originating from the public potable water system which may deteriorate in sanitary quality;

3.

Chemicals in fluid form;

4.

Plating acids and alkalis;

5.

Circulated cooling waters connected to an open cooling tower, and/or cooling waters that are chemically or biologically treated or stabilized;

6.

Contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals, or systems, etc.;

7.

Oils, gases, glycerin, paraffin, caustic and acid solutions; and

8.

Other liquid and gaseous fluids used industrially, for other processes, or for fire fighting purposes.

Industrial user (IU) means any person including, but not limited to, any individual, firm, partnership, association, or any other legal entity who discharges or desires to discharge industrial wastes into the sanitary sewer facilities of the city.

Industrial waste means waste resulting from any process of industry, manufacturing, trade, business, or from the development of any natural resource. This waste may be either separate or mixed with water or normal domestic wastewater. .

Industry means the same as "industrial user."

Instantaneous maximum allowable discharge limit means the maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes operations, or its sludge processes, use or disposal and therefore, is a cause of a violation of the control authority's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.

Law means any statute, rule, regulation, or ordinance enacted, passed, promulgated, adopted, or otherwise put into effect by the state or federal government, any state or federal agency or political subdivision, or the city. Any cited law includes its successors.

Liquid waste means waterborne solids, liquids, and gaseous substances derived from a grease trap, grit trap, chemical/portable toilet, and/or septic tank, which is described as grease trap waste, grit trap waste, or septage.

Manager means the person conducting, supervising, managing, or representing the activities of a generator, transporter, or disposer.

Manifest system means a system consisting of a four-part trip ticket used to document the generation, transportation, and disposal of liquid waste.

Medical waste means 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.

MGD means million gallons per day.

Milligrams per liter (MC/L) means parts per million and is a weight-to-volume ratio; the milligram per liter value of a given chemical multiplied by the factor 8.34 is equivalent to pounds of chemical per million gallons of water.

Municipal landfill (or landfill) means an area of land or an excavation in which municipal solid waste is placed for permanent disposal, and which is not a land treatment facility, a surface impoundment, an injection well, or a pile (as these terms are defined in regulations promulgated by the Texas Water Commission).

Municipal separate storm sewer system (MS4) means the system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and which is not used for collecting or conveying sewage.

Municipal solid waste means solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial waste.

New source means 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 are to such source if such standards are thereafter promulgated in compliance with that section, provided that:

(1)

The building, structure, facility, or installation is constructed at a site at which no other source is located;

(2)

The building, structure, facility, or installation totally replaces the process or, production equipment that causes the discharge of pollutants at an existing source; or

(3)

The production of 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. Any construction on a site at which an existing source is located that results in a modification that alters, replaces, or adds to existing process or production equipment. Construction of a new source as defined under this section has commenced if the owner or operator has:

(1)

Begun, or caused to begin, as part of a continuous on-site construction program any placement, assembly or installation of facilities or equipment;

(2)

Any 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

(3)

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 means water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

Nonpotable water means a water supply which has not been approved for human consumption.

Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a person into sanitary sewers and in which the average concentration of total suspended solids or BOD is not more than two hundred fifty (250) mg/l each.

NPDES means National Pollutant Discharge Elimination System permit program of the Environmental Protection Agency, and/or the permit program of the state agency delegated to act on EPA's behalf with an approved pretreatment program (e.g., TPDES or Texas Pollutant Discharge Elimination System).

NPDES general permit for stormwater discharges associated with industrial activity (or industrial general permit) means the industrial general permit issued by EPA on August 27, 1992, and published in Volume 57 of the Federal Register at page 41304 on September 9, 1992, and any subsequent modifications or amendments thereto.

NPDES general permit for stormwater discharges from construction sites (or construction general permit) means the construction general permit issued by EPA on August 27, 1992, and published in volume 57 of the Federal Register at page 41217 on September 9, 1992, and any subsequent modifications or amendments thereto.

NPDES permit means a permit issued by EPA (or by the state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Nonpoint source means any source of any discharge of a pollutant that is not a "point source."

Notice of intent (NOI) means the notice of intent that is required by either the industrial general permit or the construction general permit.

Notice of termination (NOT) means the notice of termination that is required by either the industrial general permit or the construction general permit.

Obstruct means to make passage impossible or unreasonably inconvenient or hazardous; or interfere or cause interference with a specific activity in order to prevent the activity from starting, continuing or concluding.

Oil means any kind of oil in any form, including, but not limited to, petroleum, fuel oil, crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, sludge, oil refuse, and oil mixed with waste.

Operator means the person or persons who, either individually or taken together, meet the following two (2) criteria:

(1)

They have operational control over the facility specifications (including the ability to make modifications in specifications); and

(2)

They have the day-to-day operational control over those activities at the facility necessary to ensure compliance with pollution prevention requirements and any permit conditions.

Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.

Owner means the person who owns a facility or part of a facility.

Pass through means 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 TRA's NPDES permit, including an increase in the magnitude or duration of a violation.

Permit means the formal written document issued to a person by the city authorizing collection and disposition of grease trap waste, grit trap waste, and septage. In reference to an industrial user, a permit authorizes discharge of industrial wastewaters with specified pollutant strengths to the city's sanitary sewer collection system.

Permittee means a person granted a permit under this chapter.

Person means an individual, corporation (including a government corporation), organization, government, governmental subdivision or agency, federal agency, state, political subdivision of a state, interstate agency or body, business or business trust, partnership, association, firm, company, joint stock company, commission, or any other legal entity and their legal representatives, agents, and assigns.

Person in control of real property includes but is not limited to owner, tenant, landlord, manager, contractor, subcontractor, supervisor, inspector, agent, construction worker, and employee.

Pesticide means a substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant (as these terms are defined in Section 76.001 of the Texas Agriculture Code).

Petroleum product means a petroleum product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel for the propulsion of a motor vehicle or aircraft, including motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. (The term does not include naphtha-type jet fuel, kerosene-type jet fuel, or a petroleum product destined for use in chemical manufacturing or feedstock of that manufacturing.)

Petroleum storage tank (PST) means any one (1) or combination of aboveground or underground storage tanks that contain petroleum products and any connecting underground pipes.

pH means the reciprocal of the logarithm (base 10) of the hydrogen ion concentration, expressed in standard pH units.

Plumbing hazard means an internal or plumbing cross-connection in a consumer's potable water system that may be either a pollution or a contamination hazard, including but not limited to cross-connections to toilets, sinks, lavatories, washtrays, and lawn sprinkling systems.

Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.

Pollutant includes but is not limited to dredged soil, 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 wastes, agricultural wastes discharged into water, and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). It does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated range land, pasture land, and farm land.

Pollution means the alteration of the physical, thermal, chemical, or biological quality of, or the contamination of, any water in the state that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose or which may adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

Potable water means any public potable water supply which has been investigated and approved.

Premises or property means real property and includes improvements.

Pretreatment means 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 the POTW. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard.

Pretreatment facility means any device, equipment, or building which performs pretreatment on wastewater prior to discharging it to the city sewer system.

Pretreatment standards or standard means prohibited discharge standards, categorical pretreatment standards, and local limits.

Prohibited discharge standards or prohibited discharges means the absolute prohibitions against the discharge of certain substances.

Properly shredded garbage means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in any dimension.

Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.

Publicly owned treatment works or POTW means a "treatment works," as defined by Section 212 of the Act (33 U.S.C. § 1292) which is owned by the city or TRA. This phrase 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 conveyances which convey wastewater to a treatment plant.

Qualified personnel means persons who possess the appropriate skills, and ability (as demonstrated by sufficient education, training, experience, and/or, when applicable, any required certification or licensing) to perform a specific activity in a timely and complete manner consistent with the applicable regulatory requirements and generally accepted industry standards for such activity.

RCRA means Resource Conservation and Recovery Act.

Reduced pressure principle backflow prevention assembly means an assembly containing independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve.

Registered landscape architect (RLA) means a person who has been duly licensed and registered to practice landscape architecture by the Texas Board of Architectural Examiners.

Registered professional engineer (RPE) means a person who has been duly licensed and registered by the State Board of Registration for Professional Engineers to engage in the practice of engineering in the State of Texas.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the municipal separate storm sewer system (MS4) or the waters, of the United States.

Reportable quantity (RQ) means for any "hazardous substance," the quantity established and listed in Table 302.4 of 40 CFR Part 302; for any "extremely hazardous substance," the quantity established in 40 CFR Part 355 and listed in its Appendix A.

Rubbish means nonputrescible solid waste, excluding ashes, that consist of (1) combustible waste materials, including paper, rags, cartons, wood excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; and (2) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1600 to 1800 degrees Fahrenheit).

Sanitary sewer (or sewer) means the system of pipes, conduits, and other conveyances which carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the city sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted).

Septage means wastes removed from a portable toilet, chemical toilet, or septic tank.

Septic tank waste means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.

Service station means any retail establishment engaged in the business of selling fuel for motor vehicles that is dispensed from stationary storage tanks.

Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources. Severe property damage does not mean economic loss caused by delays in production.

Sewage (or sanitary sewage) means the domestic sewage and/or industrial waste that is discharged into the city sanitary sewer system and passes through the sanitary sewer system to the city sewage treatment plant for treatment.

Significant change means a change in flow or production equal to or greater than a decrease or increase of twenty (20) percent.

Significant industrial user (SIU) means:

(1)

A user subject to categorical pretreatment standards; or

(2)

A user that:

a.

Discharges an average of twenty-five thousand (25,000) gpd or more of process wastewater to the POTW (excluding sanitary, non-contact cooling, and boiler blowdown wastewater);

b.

Contributes a process wastestream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or

c.

Is designated as such by the director on the basis that it has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.

(3)

Upon a finding that a user meeting the criteria in subsection (2) has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the director may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.

Significant quantity of chemicals means a quantity that has a potential to cause adverse effects on the wastewater collection system or treatment plant. This quantity may be determined by the director on a case by case basis.

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

Slug means any discharge of water, wastewater, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period longer than fifteen (15) minutes, by more than five (5) times the average of its twenty-four-hour concentration or flows during normal operation.

Solid waste means any garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including, solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations, and from community and institutional activities.

Source includes all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.

Spill means the accidental or intentional loss or unauthorized discharge of grease trap waste, grit trap waste, septage, a chemical (hazardous or non-hazardous), or any other material that has the potential to contaminate any surface or ground water.

Standard industrial classification (SIC) code means a classification pursuant to the standard industrial classification manual issued by the United States Office of Management and Budget.

State means the State of Texas.

Storm sewer means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater, industrial wastes, or commercial wastes should not be intentionally passed.

Stormwater means rainfall, stormwater runoff, snow melt runoff, surface runoff and drainage, and any other form of precipitation.

Stormwater discharge associated with industrial activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant which is within one (1) of the categories of facilities listed in 40 CFR § 122.26(b) (14), and which is not excluded from EPA's definition of the same term.

Stormwater pollution prevention plan (SWPPP) means a plan required by either the construction general permit or the industrial general permit and which describes and ensures the implementation of practices that are to be used to reduce the pollutants in stormwater discharges associated with construction or other industrial activity at the facility.

Suspended solids means solids, measured in mg/l, that either float on the surface of or are in suspension in water, wastewater, or other liquids as determined by procedures specified in 40 CFR Part 136.

System hazard means an actual or potential threat of severe danger to the physical properties of the public or the consumer's portable water system or of a pollution or contamination which may have a protracted effect on the quality of the potable water in either system.

Tank means a device designed to contain an accumulation of grease trap waste, grit trap waste, or septage and which is constructed primarily of non-earthen materials (e.g., concrete, steel, plastic) to provide structural support for the containment.

TCEQ means the Texas Commission on Environmental Quality.

Total toxic organics (TTO) means the sum of the masses or concentration of the toxic organic compounds listed in 40 CFR 122 Appendix D, Table II, excluding pesticides, found in an industrial users' discharges at a concentration of greater than 0.01 mg/L. Only those parameters reasonably suspected to be present, to be determined by the director, if any, shall be analyzed for with non-categorical industries. With categorical industries, TTOs will be sampled for as stipulated in the particular category or those parameters reasonably suspected to be present, to be determined by the director, where not stipulated.

Toxic waste means any liquid, semiliquid, or solid waste material which has the ability to produce injury once it reaches a susceptible site in or on a human or animal body.

TPDES means Texas Pollutant Discharge Elimination System.

TRA means the Trinity River Authority of Texas.

Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other undesirable substances from any business that discharges any prohibited substances described in this chapter and is required to pretreat their wastewater discharge.

Trinity river authority (TRA) means an agency of the state and a water conservation district created by chapter 518, acts of the regular session of the fifty-fourth legislature, pursuant to article 16, section 59 of the Texas constitution.

Uncontaminated means not containing a harmful quantity of any substance.

Unit of measurement means the unit of measurement of wastewater delivered to the city's sanitary sewer system; specifically, in this chapter, the standard unit of measurement is one thousand gallons (1,000) gallons U.S. standard liquid measure.

TTO means Total Toxic Organics.

Unpolluted water/wastewater means water containing no free or emulsified grease or oil; no acids nor alkalis; no phenols nor other substance producing taste or odor in receiving waters; no toxic or poisonous substances in suspension, colloidal state, or solution; no noxious or otherwise obnoxious or odorous gases; not more than ten (10) mg/l of suspended solids or BOD; and color not exceeding fifty (50) units as measured by the platinum cobalt method of determination as specified in 40 CFR Part 136

U.S.C. means United States Code.

Used oil (or used motor oil) means any oil that has been refined from crude oil or a synthetic oil that, as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties but that may be suitable for further use and is recyclable in compliance with state and federal law.

Used water means any water supplied by a water provider from a public potable water system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water provider.

Waste means rejected, not utilized, or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, industrial, or commercial activities.

Waste management operator means any industry that accepts industrial waste from any other industry for the purpose of treating that waste and discharging it to the city's sanitary sewer system.

Waste material means fertilizer, garbage, hazardous waste, hazardous substance, herbicide, industrial waste, oil, pesticide, petroleum product, rubbish, sewage, or any other pollutant.

Wastewater means a combination of the water-carried waste from residences, business buildings, institutions, and/or industrial or commercial establishments.

Wastewater main means a main which carries sewage and to which storm, surface, and ground waters are not normally and/or intentionally admitted.

Wastewater facilities includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes.

Wastewater treatment plant means any city or TRA owned facilities, devices, and structures used for receiving, processing, and treating wastewater, industrial waste, and sludge from sanitary sewers.

Water emergency means a condition of water shortage as described in section 2, A, B, C and D of the Emergency Water Management Plan.

Water in the state (or water) means any groundwater, percolating or otherwise, lakes, bays, ponds. impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt. navigable or non-navigable, and including the beds and banks of all water courses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state.

Water of unknown quality means water from a source which the city does not regularly check for quality and/or over which the city does not have control.

Water service connection means the terminal end of a service connection from the public potable water system, or the downstream end of the water meter.

Water system means all treatment plants, mains, pumps, meters, connections, supply reservoirs, storage tanks, appurtenances and other facilities of the city employed in the purification, transportation and supply of treated and untreated water and the consumer's water system.

Water quality standard means the designation of a body or segment of surface water in the state for desirable uses and the narrative and numerical criteria deemed by the state to be necessary to protect those uses, as specified in Chapter 307 of Title 31 of the Texas Administrative Code.

Waters of the United States means all waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; all interstate waters, including interstate wetlands; all other waters the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as waters of the United States under this definition; all tributaries of waters identified in this definition; all wetlands adjacent to waters identified in this definition; and any waters within the federal definition of "waters of the United States" at 40 CFR § 122.2; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act.

Wetland means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Yard waste means leaves, grass clippings, yard and garden debris, and brush that results from landscaping maintenance and land clearing operations.

(Ord. No. 8140, § 1, 3-20-03)