§ 33-55. Wastewater discharge permit application.

(a)

Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within thirty (30) days of the request. The director is authorized to prepare a form for this purpose and may periodically require users to update this information.

(b)

Wastewater discharge permit requirement.

(1)

No significant industrial user shall discharge wastewater into the POTW without first obtaining a wastewater discharge permit from the director, except that a significant industrial user that has filed a timely application pursuant to subsection (c) of this section may continue to discharge for the time period specified therein.

(2)

The director may require other users to obtain wastewater discharge permits as necessary to carry out the purposes of this article.

(3)

Any violation of the terms and conditions of a wastewater discharge permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 33-61 through 33-63 of this article. Obtaining a wastewater discharge permit does not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

(c)

Wastewater discharge permitting: Existing connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the POTW prior to the effective date of this article and who wishes to continue such discharges in the future, shall, within thirty (30) days after said date, apply to the director for a wastewater discharge permit in accordance with this section, and shall not cause or allow discharges to the POTW to continue after ninety (90) days of the effective date of this article except in accordance with a wastewater discharge permit issued by the director.

(d)

Wastewater discharge permitting: New connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the POTW must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with subsection (e) of this section, must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence.

(e)

Wastewater discharge permit application contents. All users required to obtain a wastewater discharge permit must submit a permit application. The director may require all users to submit all or some of the following information as part of an application:

(1) Identifying information,

including the name and address of the facility, the name of the operator and owner.

(2)

Environmental permits. A list of any environmental control permits held by or for the facility.

(3)

Description of operations.

a.

A brief description of the nature, average rate of production (including each product produced by type, amount, processes, and rate of production), and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram, which indicates points of discharge to the POTW from the regulated processes;

b.

Types of wastes generated, and a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW;

c.

Number and type of employees, hours of operation, and proposed or actual hours of operation;

d.

Type and amount of raw materials processed (average and maximum per day);

e.

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, such plans and details must be submitted under seal by a registered professional engineer or architect in the State of Texas.

(4)

Time and duration of discharges.

(5)

The location for monitoring all wastes covered by the permit.

(6)

Flow measurement. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR 403.6(e).

(7)

Measurement of pollutants:

a.

The categorical pretreatment standards applicable to each regulated process.

b.

The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by the director, of regulated pollutants in the discharge from each regulated process.

c.

Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.

d.

The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in subsection 33-57(j) of this article. Where the standard requires compliance with a BMP or pollution prevention alternative, the user shall submit documentation as required by the director or the applicable standards to determine compliance with the standard.

e.

Sampling must be performed in accordance with procedures set out in subsection 33-57(k) of this article.

(8)

Any other information as may be deemed necessary by the director to evaluate the wastewater discharge permit application.

Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.

(f)

Application signatories and certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement:

"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."

(g)

Wastewater discharge permit decisions. The director will evaluate the data furnished by the user and may require additional information. Within thirty (30) days of receipt of a complete wastewater discharge permit application, the director will determine whether or not to issue a wastewater discharge permit. The director may deny any application for a wastewater discharge permit.

(Ord. No. 2568, 4-5-10; Ord. No. 2573, 7-19-10)