Subject: Substantial Modification to the City of Houston Approved Pretreatment Program including Chapter 47, Article V of the City of Houston Code of Ordinances relating to Disposal of Industrial Wastes Through City Sanitary Sewer System, and related minor modification to Chapter 47, Article XI of the City of Houston Code of Ordinances relating to Transportation and Treatment of Certain Wastes.
Recommendation: It is recommended that City Council adopt an ordinance approving the Substantial Modification to the City of Houston Approved Pretreatment Program including amendment to Chapter 47, Article V of the City of Houston Code of Ordinance relating to Disposal of Industrial Wastes Through City Sanitary Sewer System, as required by Texas Commission on Environmental Quality (TCEQ) regulations, and the related minor modification to Chapter 47, Article XI of the City of Houston Code of Ordinances relating to Transportation and Treatment of Certain Wastes.
Description and Scope: As required by the Clean Water Act and beginning in 1979, the City’s National Pollutant Discharge Elimination System (NPDES) permits were modified to include a schedule for development of a pretreatment program to prevent the introduction of pollutants into the publicly owned treatment works (POTW) from industrial sources which will cause interference, pass through, harm to POTW workers, or prevent the beneficial use of sludge. The program was initially approved in 1984 and subsequently modified in 1993. In conformance with the requirements of 40 CFR Part 403, the program includes an ordinance (Chapter 47, Article V of the City of Houston Code of Ordinances), Enforcement Response Plan (ERP), technically based local limits (TBLLs), and standard operating procedures (SOPs).
In the time since the pretreatment program was modified in 1993, there have been changes to: (1) surface water quality standards, (2) Texas Pollutant Discharge Elimination System (TPDES) permit limits, (3) sludge disposal practices and limits, (4) wastewater flows, (5) wastewater treatment plants (WWTPs), and (6) contributing industrial users. As such, the City is required to redevelop the TBLLs per the requirements of 40 CFR 403.5(c). The City began the process to redevelop the TBLLs in 2015 and received TCEQ concurrence on the limits on January 6, 2020. None of the TBLLs are changing by more than 20% and the City does not expect any significant impact to industrial users as a result of these changes.
Additionally, the City is required to amend the pretreatment program to comply with the Streamlining Rule (40 CFR Part 403), which was promulgated on October 15, 2005, and the Dental Amalgam Rule (40 CFR Part 441), which became effective on July 14, 2017. This modification includes the required changes to comply with these rules and allow for greater flexibility in implementing the requirements of the rules.
Notable changes include:
· Increasing the term of industrial wastewater permits from 2 years to 5 years;
· Allowing for the issuance of general permits as an alternative to individual permits;
· Reducing the allowable discharge concentration for Total Oil and Grease from 400 mg/L
to 200 mg/L over a 3-year phase in, which is within the typical allowable range of 100-300 mg/L
across Texas and will reduce sewer blockages/overflows caused by oil and grease.
· Eliminating discharge limits for Sulfide and Selenium and adding a limit for Molybdenum;
· Adopting provisions for confidentiality, recordkeeping, and best management practices; and
· Clarifying that Article XI applies to lift stations carrying city regulated waste.
The TCEQ’s deadline for the City’s submittal of the Council-approved pretreatment program including the TBLLs and Streamlining Rule modification is December 31, 2020.
This matter was presented to the Transportation, Technology, and Infrastructure Committee meeting on September 3, 2020, which commenced a 30-day public comment period that closed on October 5, 2020.
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| Carol Ellinger Haddock, P.E. |
Stephen Williams |
| Director |
Director |
| Houston Public Works |
Houston Health Department |