Sec. 34-511. - Definitions.

For the purpose of this division, the following words and phrases shall have the meanings respectively described to them by this section unless the context requires otherwise.

CEO. The chief executive officer of the San Antonio Water System.

City. The City of San Antonio, Texas as represented by the official acts of the city council and council designated representatives.

Commercial vehicle wash. A business enterprise in a fixed location at which vehicle washing (conveyorized, self service, or roll-over/automatic) is offered to the public for a fee, and which utilizes wastewater pretreatment (i.e. grit trap(s)) to process wastewater prior to discharge into the public sanitary sewer collection system.

Department. The San Antonio water system, resource protection and compliance department.

Director. The director of the resource protection and compliance department or his or her designated representative or agent.

Discharge. The unpermitted disposal, deposit, injection, dumping, spilling, leaking or placing of any liquid waste including but not limited to solid or semi-solid grease trap waste, grit trap waste, and/or septic tank waste into or on any land, water, sanitary or storm sewer facilities so as to cause such waste or any constituent thereof to adversely enter the environment, or be adversely emitted into the air or into any water including ground waters.

Disposal site. A permitted facility or part of a permitted facility, including collection sewers and sludge handling facilities at which liquid wastes is approved to be collected, transported, treated, and intentionally disposed of by conveyance to receiving waters and/or lands. These types of facilities must be classified as either a publicly owned treatment work (POTW), or as a type I (landfill) or type V (other, i.e. liquid processing), type VI (experimental facilities) or type VII (land application for beneficial use) Municipal Solid Waste Facility as defined under 40 CFR part 257 and TAC, Part IX, Chapter 330, Subchapter D, Section 330.41.

Disposal site operator. A person, firm, corporation, municipal corporation, or utility permitted or registered by the appropriate state and/or federal regulatory agencies to engage in receiving, storing, transferring, processing and/or ultimately disposing of liquid waste, including but not limited to, grease trap waste, grit trap waste, and septage.

Division. The San Antonio Water System Resource Compliance Division.

Generator. A person who causes, creates, generates, stores or otherwise produces liquid waste, including but not limited to grease trap waste, grit trap waste and septage as a byproduct of some domestic or non-domestic activity.

Grease trap. A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of organic, inorganic, greasy or fatty liquid, semiliquid, and/or solid wastes into both public and private sanitary sewers to which the receptacle is directly or indirectly connected.

Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-liquid, and/or solid wastes collected by and ultimately removed from a grease trap for proper disposal.

Grit trap. A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of petroleum-based oil and grease wastes and inorganic or other solids into both private and public sanitary sewers to which the receptacle is directly or indirectly connected. This definition shall include waste oil recovery traps and sumps that are designed to recover waste oils and intercept the passage of oils and solids generated from a commercial operation into the sanitary sewer system.

Grit trap waste. Oil and grease wastes, and inorganic solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities that are collected by and ultimately removed from a grit trap for disposal. This definition shall include wastes removed from a waste oil recovery trap, excluding oils recovered for recycling.

Hazardous waste. A solid waste, or combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristic may: (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed or (c) is identified, classified or listed as a hazardous waste as defined by 40 CFR Part 261.3.

Liquid waste. Water-borne solids and liquids containing dissolved or suspended waste materials, including but not limited to, septage and wastes from grease traps and grit traps.

Manager. The person responsible for conducting, supervising, managing or representing the business activities of a generator or transporter.

Manifest. The written, multi-part documentation required to be in the possession of the transporter enabling disposal of hauled grit trap waste, grease trap waste, and septage at a permitted or registered disposal site as provided for in section 34-516 of this division.

Manifest system. A record keeping and accounting system consisting of a multi-paged manifest booklet and other forms used to document specific data regarding the point of generation, transportation, volume and disposal of grit trap waste, grease trap waste, and septage.

Mobile processing vehicle. A liquid waste transportation vehicle which is designed to separate water from the liquid waste while the vehicle is in transit.

Mobile waste generator. The owner or operator of a vehicle on which liquid waste is generated and stored in a holding tank. Examples include recreational vehicles and tour buses.

Permit. The formal written control document issued by the San Antonio Water System to a transporter which entitles such transporter to collect, transport and dispose of grease trap waste, grit trap waste and septage at a permitted or registered treatment storage, or disposal site or facility, and regulates said activities.

Permittee. A person issued a permit under this division.

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

Regional agent boundary. The geographic area within which the San Antonio Water System is the designated responsible governmental agency to construct, operate, and maintain regional sanitary sewerage systems pursuant to the authority of Texas Water Quality Board Order No. 72-0120-11 passed and approved on January 20, 1972, as may be amended.

Sanitary sewer. A system of pipes, conduit, and treatment facilities owned and/or operated by the San Antonio Water System which collect, transport, and treat sanitary sewage, and to which storm, surface, and ground waters are not intentionally or normally admitted.

SAWS. The City of San Antonio, acting by and through the San Antonio Water System permit, Ordinance No. 77784 as amended.

Septage. Liquid wastes and sludges containing sufficient liquid content, normally more than eighty-five (85) percent, to permit flow by gravity or minimal pumping, which is removed from a portable toilet, chemical toilet, septic tank (as used herein), or cesspool. Septage does not include non-domestic wastes from commercial or industrial establishments.

Shall. The word "shall" whenever used in this article, will be interpreted in its mandatory sense; "may" is permissive.

Tank. A receptacle device or structure designed to contain an accumulation of liquid waste including but not limited to grease trap waste, grit trap waste, and septage which is constructed of materials (e.g., concrete, steel, alloy, fiberglass, plastic, etc.) manufactured to provide appropriate structural support for the containment.

TCEQ. Texas commission on environmental quality.

Transporter. A person who utilizes a vehicle to transport liquid waste which is:

(a)

Disposed of within the regional agent boundary; or

(b)

Transferred within the regional agent boundary for the purpose of disposal; or

(c)

Collected from a generator or wastehauler within the regional agent boundary.

Transfer station. A fixed facility used for transferring liquid waste from collection vehicles to long haul vehicles (one transportation unit to another transportation unit), which must be registered or permitted through TCEQ.

Trip ticket. A coupon purchased from the control authority for the disposal of septic or portable/chemical toilet waste at the authorized the control authority disposal facility.

Vehicle. A mobile receptacle or device in which or by which liquid waste may be transported upon a public street or highway.

Vehicle wash grit drying facility. A facility constructed and maintained at a commercial vehicle wash that is designed to dry grit trap wastes from commercial vehicle wash facilities and which has registered with the city's water system's resource compliance division to perform such activity.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-512. - Liquid waste transportation.

(1)

General. Any person using the streets and/or rights-of-way of the city to transport liquid waste must exercise reasonable, prudent and sufficient care when undertaking such activity in order to preserve the health, safety and general welfare of the community. In order to engage in such activity the transporter must obtain all necessary documents, and comply with all procedures required by local, state and federal regulations.

(2)

Spills. In the event of a spill during collection or transport, the transporter shall immediately telephone the San Antonio Water System, Resource Compliance Division, at the telephone number listed in their permit. Notifications made pursuant to this section shall, at a minimum, provide the following:

(a)

The time the discharge occurred;

(b)

The location of the discharge;

(c)

The type of waste discharged (including its concentration, volume, known dangerous characteristics, etc.);

(d)

Any corrective actions including diking, if any, taken by the transporter;

(e)

Any other conditions, factors or circumstances that would indicate any need for expeditious, specialized or unique response to the discharge.

The transporter shall take any and all action as may be required by local, state, or federal officials having jurisdiction so that the discharge will not present a public health or environmental hazard. Such action may include diking, vacuuming, flushing, applying chemical agents or otherwise neutralizing the discharge.

(3)

Responsibilities. Failure to promptly and properly notify the appropriate jurisdictional authorities of a spill and take such action as required by said authorities shall constitute a violation of this division.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-513. - Permit requirements.

(1)

General. A person shall be in violation of this division if he operates or causes the operation of a vehicle on the city streets or public rights-of-way for the purpose of collecting, transporting, or disposing of grease trap waste, grit trap waste, septage, or other liquid wastes without first obtaining a liquid waste transportation permit from the director or his or her designated representative. For the purposes of this section, each instance of transporting, collecting, or disposal of such wastes without a permit shall be considered a separate violation.

(2)

Permit application. In addition to complying with the proper registration procedures established by the state, a person intending to engage in the activity of transporting grit trap waste, grease trap waste or septage must first submit a permit application to the city water system, resource compliance division and therein supply the department with the following information and documentation:

(a)

Name, business and mailing address(es), and telephone number of the applicant transporter.

(b)

The trade name under which the applicant transports or intends to transport liquid waste.

(c)

The number and type of vehicles and their tank volumes the applicant shall operate together with a general physical description or manufacturer's trade description of each vehicle; the registration number assigned to the company by the state; and a photocopy of the driver's license of all vehicle operators under the employ of the applicant.

(d)

The period of time the applicant has been engaged in the activity of transporting grit trap waste, grease trap waste, and septage, and the daily hours of operation of his intended transportation activity.

(e)

A statement setting out any record of criminal convictions against the applicant, or anyone under his employ, resulting from the unlawful operation of a vehicle used to transport liquid waste, including grease trap waste, grit trap waste, and septage.

(f)

Documentation evidencing that the applicant has obtained the necessary insurance required under this division.

(g)

Any other requested relevant information which bears a reasonable relationship to the regulation of permittees under this division and is necessary to evaluate the permit application.

(3)

Investigation of information set out in application. The staff of the control authority may conduct an investigation to determine the accuracy of information supplied by the applicant prior to the issuance of a permit. Supplying false information to the department shall be grounds for refusal to grant a permit or revocation of a permit if already issued. The transporter shall update information contained in the application, in writing, to reflect any changes in the information required by the initial application prior to making these operational changes.

(4)

Insurance requirements.

(a)

Prior to the issuance of a permit, the applicant must file with the city water system, evidence (certificate of insurance) of a policy of automobile liability insurance and thereafter keep same in full force and effect with an insurance company authorized to do business in the state. The policy shall insure the public against any loss or damage that may result to any person or property from the operation of a defective vehicle or negligence of the owner or any person driving or otherwise operating such vehicle, and the vehicle insurance provisions of such policy shall provide a minimum amount of coverage in the policy as to each and every transporter vehicle to be not less than one million dollars ($1,000,000.00) for bodily injury or death of any one person, for bodily injury or death in any one accident, for the damage to, or destruction of, property in any one accident. Coverage is to include the pollution liability endorsement with limits not less than one million dollars ($1,000,000.00). Such coverage shall be endorsed to cover the upset, overturn, and remediation of the load in transport.

(b)

The certificate of insurance required by this subsection shall contain a provision requiring that the city water system be provided with thirty (30) days advance notice, in writing, of cancellation or material change in the policy. In the event of cancellation or material change in the transporter's policy, the permit shall be suspended until such time as the transporter can again secure appropriate coverage.

(5)

Vehicle inspection. Prior to the issuance of a permit, the department shall require the applicant to submit, for inspection by the department, each vehicle which will be utilized to transport grit trap waste, grease trap waste, and/or septage. The department or its agents shall determine if the transport vehicle is constructed and equipped in accordance with section 34-514 of this division and the tanks, valves, and hoses on the vehicle are in good repair, prior to permit issuance. In addition to the initial department inspection prior to the issuance of a permit, designated employees of the department are hereby authorized to re-inspect the vehicles periodically in order to observe that the vehicles are generally maintained in good repair so as not to constitute a public health hazard under the provisions of this division. These inspections may take place at any reasonable and safe location during normal business operation hours and are in no way meant to satisfy the otherwise legally mandated inspection of motor vehicle requirements of any department or agency of the state. All transport vehicles shall have a valid DPS inspection sticker properly displayed, as well as the transportation registration stickers issued by TCEQ and the control authority.

(6)

Issuance of permit. Upon satisfying the requirements set out in section 34-513 herein, the department shall issue a permit to the applicant. The permit shall be valid for a one year period with such period terminating on December 31st of the year of issuance or reissuance. The requirements set out in sections 34-513 herein must be satisfied prior to the reissuance of a permit. Any violations of this division by a permit holder during a permit period shall constitute sufficient grounds for refusal, by the director, to reissue a permit. All permits issued hereunder shall be subject to the following terms and conditions:

(a)

The city water system specifically excludes and prohibits the transporting, discharge, or disposal of hazardous wastes in vehicles permitted hereunder to carry liquid waste. Transporters carrying hazardous waste from, within or through, the regional agent boundary must first obtain the special applicable TCEQ or EPA permit(s) and use the appropriate hazardous waste transportation and disposal manifest system.

(b)

Prior to the operation of any vehicle regulated by this division, each permitted transporter shall permanently mark such vehicle with specific information. All marking shall be in a color clearly contrasting with the background, in two-inch letters or larger, so as to be clearly visible at a distance of fifty (50) feet. The following information shall be place on both sides of each permitted vehicle, unless otherwise noted:

1.

Company name;

2.

Telephone number;

3.

TCEQ authorization sticker (motorized units only);

4.

TCEQ assigned registration number;

5.

The Control Authority assigned permit number on both sides and on the rear of the vehicle.

SAWS# ____________

The blank space shall contain the city water system's assigned permit number, unique to a particular vehicle;

6.

SAWS authorization sticker.

The permitted transporter shall keep the TCEQ resgistration (including any amendments) and the SAWS permit in the vehicle at all times. Failure to do so will constitute a violation of this division.

(c)

A permit issued under this division is non-transferable, and may be revoked by the control authority for violations by the permittee of the term(s) of the permit or of this division.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-514. - Liquid waste vehicle specifications and maintenance requirements.

All liquid waste transportation vehicles utilizing the city streets and public rights-of-way to transport grit trap waste, grease trap waste and septage must at all operational times conform to the following vehicle specifications and maintenance requirements. Each instance of failure to do so shall constitute a separate violation of this division.

(1)

Vehicle specifications.

(a)

The vehicle must be equipped with tank(s) that is (are) firmly, securely and permanently attached to the primary structure of the vehicle in such a manner as to assure that the tank(s) will not loosen or dislodge during the transport of liquid wastes. Vehicles with portable or removable tank(s) or other containers temporarily attached or affixed to vehicles are prohibited, unless otherwise approved by the director.

(b)

All piping, valves, and connectors shall be permanently attached to the tank(s) and/or vehicle.

(c)

The tank(s) must be liquid tight.

(d)

The tank(s) must be constructed so that every interior and exterior portion can be thoroughly cleaned.

(e)

All piping, valves, and connections shall be accessible and easy to clean.

(f)

The inlet, or the opening of the tank(s) shall be constructed and located so that collected waste shall not spill during filling, transfer or transport.

(g)

Outlet connections shall be constructed so that no liquid waste shall discharge, leak, run or spill out from the tank(s).

(h)

Outlets are to be of a design and type suitable for the liquid waste to be safely removed and be capable of controlling outflow without discharge, spillage, spray, or flooding of immediate surroundings while in use.

(i)

Pumps, valves, cylinders, diaphragms and other appurtenances shall be of a design and type suitable for the liquid waste to be safely loaded, transported and removed, be capable of operation without discharge, spillage, spray or leakage, and be easily disassembled for cleaning.

(j)

All vehicles used to transport liquid waste shall have sight gauges maintained in a manner which can be used to determine whether or not a vehicle is loaded and the approximate capacity. Gauges are not required to read in gallons or liters, but shall show what percentage of the tank capacity is filled.

(k)

All vehicles used to transport liquid wastes shall prominently mark all discharge valves and ports. All discharge ports shall be visible and readily accessible. The position of the vacuum pump, i.e. pulling a vacuum into the tank or pumping air into the tank, must also be clearly labeled.

(2)

Maintenance requirements. A liquid waste transporter shall:

(a)

Maintain hoses, tanks, valves, pumps, cylinders, diaphragms, pipes, connections, and other appurtenances on a vehicle in good operation and repair and free from leaks.

(b)

Provide a safety plug or cap for each inlet and outlet tank valve.

(c)

Cause the vehicle exterior to be clean, vector free and relatively odor free at the beginning of each working day and provide for intermittent wash downs of vehicle exterior and wash outs of tank interiors as necessary to maintain the above conditions at all times.

(d)

The permittee shall remove the control authority authorization sticker, and the control authority permit number from the vehicle when it is no longer permitted to collect, transport or dispose of liquid waste or when the vehicle ownership changes.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-515. - Responsibilities of liquid waste transporters.

All liquid waste transporters shall conform to the following terms and conditions in collecting, transporting, and disposing of liquid waste. Any liquid waste transporter failing to comply with the responsibilities and requirements set forth below shall be in violation of this division. Each instance of non-compliance shall constitute a separate violation.

(1)

Determine nature of material. Prior to accepting a load of liquid waste for transportation, a liquid waste transporter shall, to the best of his ability, determine the volume, nature and classification of the material to be transported and that his/her permit, vehicle and equipment are sufficient to legally and properly accept, transport, and dispose of the load without discharge, spillage, leakage of the material, or release of malodorous fumes. Upon delivery of the waste to the disposal site, the transporter shall inform the disposal site operator of the content of the waste. At the discretion of the department or the disposal site operator, the liquid waste presented for disposal may be sampled and tested prior to disposal to verify the classification, quality, concentration, character or volume of the liquid waste. The control authority cost for conducting any positive, confirming test resulting in verification of unpermitted transport or prohibited discharge shall be paid by the permittee.

(2)

Interceptor evacuation. A liquid waste hauler shall completely evacuate all grease or grit traps and other interceptors during servicing. Further, the discharge of liquid, semi-solids, or solids back into an interceptor after servicing is strictly prohibited. Mobile processing vehicles shall not discharge separated water back into the interceptor or into the wastewater collection system.

(3)

Mixing of different types of waste. A liquid waste transporter shall not mix incompatible wastes in the same tank load. Incompatible wastes are wastes which have different processing, storage or disposal requirements. Transporters may mix wastes with different characteristics provided the facility to which the waste is being transported is authorized to store, process or dispose of such mixed wastes.

(4)

Storage of liquid wastes. The storage of liquid wastes in unpermitted temporary storage tanks by liquid waste transporters is prohibited. Transporters may store liquid waste in a permitted vehicle for up to four (4) days.

(5)

Utilize appropriate disposal sites. All liquid waste transporters shall deposit wastes at a facility designated by or acceptable to the generator where the owner or operator of the disposal facility agrees to receive the wastes and the facility has written authorization by permit or registration issued by TCEQ to receive the wastes.

(6)

Utilization of manifest system by transporters of grease trap waste, grit trap waste, and septage. all liquid waste transporters holding a the control authority permit for transporting grease trap waste, grit trap waste, or septage shall utilize the manifest system set out in section 34-516 herein. It is the responsibility of the permittee to assure that all manifests are completely and accurately filled out in a timely manner, except that liquid waste transporters will not be held accountable for the waste generator signature portion of the manifest. Generators who fail to sign a liquid waste manifest will be considered in violation of this division.

(7)

Person who engage in the secondary transportation of waste (meaning receiving waste from other vehicles and transporting the waste to a disposal site) or any person choosing to transfer waste from one transport vehicle into another transport vehicle shall transfer the waste only at a registered or permitted type V transfer station. Emergency transfers may occur with prior approval from the director or his designee.

(8)

Liquid waste transporters may accept commercial vehicle grit trap waste for transportation to a registered vehicle wash grit drying facility. This facility may either be located onsite or it may be located within fifty (50) miles of the interceptor if the offsite facility is owned by the same generator. The transporter shall follow the manifest procedures found in section 34-516 anytime the liquid waste is shipped from a commercial vehicle wash interceptor location to an offsite vehicle wash drying facility. The registered vehicle wash grit drying facility should be indicated on the manifest as the disposal site. A liquid waste transporter shall verify that the vehicle wash grit drying facility is registered prior to accepting or discharging commercial vehicle wash grit trap waste. Verification shall be accomplished by reviewing a copy of the registration issued by the control authority. Disposal of commercial vehicle wash grit trap wastes within the regional agent boundary at a drying facility that is not registered by the control authority will be a violation of this division.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-516. - Manifest system.

A manifest system consisting of manifest booklets shall be used by all transporters holding the control authority permits to transport grease trap waste, grit trap waste, and septage. Each manifest shall thoroughly document the following information:

(a)

The interceptor capacity, time and date of service, the quantity and type of liquid waste being transported;

(b)

The generator's name, address, telephone number and signature at the time of receipt of liquid wastes by the transporter;

(c)

The transporter's corporate, business or trade name, address and telephone number;

(d)

The transport vehicle operator's name with signature;

(e)

The transporter's permit number issued by the city water system;

(f)

The registration number assigned to the transporter's vehicle by the state;

(g)

The disposal site name, address, permit or registration number assigned by the state, the time and date of disposal; and

(h)

The signature of the disposal site operator.

(1)

Manifest booklets.

(a)

Manifest booklets shall be purchased from the city water system in accordance with the fee schedules currently in effect. Manifest booklets shall be marked as appropriate for use with a specific liquid waste transportation vehicle. A transporter must complete one manifest for each generator interceptor serviced, with the exception of chemical/portable toilet companies servicing their own units. Chemical/portable toilet companies servicing their own units which may be located at various locations shall be required to complete one manifest for each vehicle load transported. Each individual carbonless, print-trace manifest shall consist of five parts:

1.

The white original of the manifest shall be signed by the transporter and generator at the time of the liquid waste collection.

2.

The yellow copy shall be given to the generator once signed by both the transporter and generator.

3.

The white original of the manifest shall be signed by the disposal site operator at the time of disposal and the pink copy maintained by the disposal site operator.

4.

The green copy of the manifest shall be maintained by the transporter.

5.

The goldenrod copy shall be returned to the generator within fifteen (15) days upon completion of the above steps.

It shall be the responsibility of the liquid waste transporter to return the goldenrod copy to the generator within fifteen (15) days of disposal.

Any transfer, processing or other disposal facility which ships liquid waste from their site to another disposal facility, must also follow this manifesting procedure. The waste to be shipped must be remanifested onto a new manifest, with the transfer, processing or disposal facility's location listed as the generator in the waste producer section of the manifest.

(b)

The director may make administrative modifications to the manifest form used. Each manifest booklet shall contain twenty-five (25) manifests serially numbered. The department shall keep a record of the manifest serial numbers purchased by the liquid waste transporter. The department may issue more than one manifest booklet to any transporter, at the department's discretion, based on volume of business, number of trucks, etc. Additional manifest booklets may be purchased only after previously issued and completed manifest booklets have been properly returned to the department.

(c)

In the event that a manifest booklet is lost or stolen, the permittee shall submit a sworn and notarized affidavit stating the circumstances surrounding the loss of the booklet, the probable contents of the wastes transported and disposed of, and efforts made to locate the booklet. After reasonable investigation by the department indicates no fraudulent or wrongful acts by the permittee, the department shall not unreasonably deny continued purchase of manifest booklets. Excessive instances of lost manifest books will be a violation of this division. More than three (3) lost books in one (1) permit year will be considered excessive.

(2)

Unlawful use of manifests. Falsification of any information required in a manifest shall be grounds for immediate suspension or revocation of the control authority liquid waste transportation permit and each instance of falsification shall be considered a separate violation of this division. The physical transfer of manifests by a permit holder to anyone other than the permittee's transportation vehicle operators or the department is prohibited. Purchase and/or resale of manifests from any source other than the department is prohibited. Each instance of purchase, transfer, or resale of manifests shall constitute a separate violation of this division.

(3)

Maintenance of manifest records. All permittees shall maintain all transporter manifest copies for a period of five (5) years. All generators shall maintain generator manifest copies for a period of five (5) years. All disposal site operators shall maintain all disposal site manifest copies for a period of five (5) years. The department shall maintain all department manifest copies for a period of five (5) years. Should any pending administrative law proceeding or litigation mandate that such records be preserved for more than five (5) years, affected persons shall adhere to the dictates of those proceedings.

(4)

Manifest discrepancies. A facility which receives waste must note any significant discrepancies on each copy of the manifest ticket. Manifest discrepancies are differences between the quantity or type of waste designated on the manifest, and the quantity or type of waste a facility actually received. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis. Significant discrepancies in quantity are:

(a)

For bulk weight, variations greater than ten (10) percent in weight; and

(b)

For liquids, any variation greater than fifteen (15) percent in gallons.

Upon discovering a significant discrepancy, the transporter must attempt to reconcile the discrepancy with the waste generator or owner or operator of the receiving facility (e.g., with telephone conversations). If the discrepancy is not resolved within fifteen (15) days after discovery, the transporter must immediately submit to the control authority a letter describing the discrepancy and attempts to reconcile it, and a copy of the trip ticket(s).

(5)

Notification of unpermitted transporter. A disposal facility located within the regional agent boundary which receives liquid waste from a transporter who cannot produce a the control authority issued liquid waste transportation permit and a control authority authorization sticker shall notify the control authority within three (3) days of receiving the waste.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-517. - Disposal site procedures.

All liquid waste transporters permitted hereunder shall follow the procedures required by the appropriate city, state, or federal authority when disposing of liquid waste in a registered or permitted disposal site under the jurisdiction of such authority. Additionally, the following procedures must be followed by liquid waste haulers holding control authority permits when disposing of septage at one of the control authority approved liquid waste disposal sites. The control authority's disposal facilities do not accept grease trap or grit trap wastes.

(1)

Disposal site entry/exit. Control authority permit holders shall exercise caution when entering and exiting disposal sites and shall obey all traffic control regulations and especially speed limit signs and direction signs.

(2)

Disposal procedures. A control authority permit holder shall not dispose of waste at the disposal site until authorized disposal personnel have done the following:

(a)

Inspected the permit holder's permit and the control authority authorization sticker to see if they are still valid;

(b)

Verified that the manifest being presented by the permittee's employee is appropriate for both the classification of waste being transported and the vehicle tank capacity being used;

(c)

Signed the manifest and received the disposal site operator's copy of same; and

(d)

Verified and collected the appropriate volume of trip tickets required for disposal.

A liquid waste transporter who fails to follow these procedures shall be in violation of this division.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-518. - Responsibilities of generator and disposal site operator.

The liquid waste generators and disposal site operators shall have the following responsibilities, and failure to perform such responsibilities shall constitute a violation of this division:

(1)

Generators.

(a)

It shall be the responsibility of every generator of liquid waste to:

1.

Know or ascertain the contents, characteristics and classifications of wastes generated.

2.

Have liquid waste removed from his premises by a transporter holding the proper control authority, city, state, and/or federal permits or registrations required to collect and transport such waste.

3.

Make a determination that the waste to be hauled under this division is non-hazardous, as required.

(b)

A generator of hazardous waste, or liquid waste in combination with hazardous waste, shall only have such waste removed from his premises by a transporter holding the applicable state or federal permit or registration to transport said wastes.

(c)

A generator of grease trap waste or grit trap waste shall have traps serviced as frequently as necessary to prevent bypass or overflow, and to insure proper operation of the trap. Such generators shall, at a minimum, have grease traps and grit traps serviced quarterly or as approved by the director in accordance with all other provisions of this division.

(d)

A generator of grit trap waste, grease trap waste or septage shall sign the manifest presented by the liquid waste transporter holding a control authority permit at the time of service and shall keep the generator manifest copies for a period of five (5) years. The records, both the generator copy (yellow) and the generator - final copy (goldenrod) shall be maintained at the location where the interceptor is located, unless a written request to store the records at a different location is submitted to the control authority for approval and the control authority approval is granted. Appropriate department personnel may inspect such receipts during normal business hours.

(e)

A generator shall, in addition to the requirements above, be responsible for performing the following:

1.

Install or provide a collection point for grit trap waste, grease trap waste, or septage of a size and type specified by the appropriate city, state, or federal authority, if any such specification exists. This facility may be the same (with possible modifications or adaptations) required by the control authority pursuant to the San Antonio City Code, chapter 34, article V, division 3, as may be amended.

2.

Continuously maintain the collection point in an accessible, clean, safe and proper operational condition.

3.

Monitor the transporter's evacuation and cleaning of the waste interceptors.

4.

Report discharges, spills or accidents involving the collection point which pose a threat to the public health or potential damage to the environment involving the collection point to the department immediately.

5.

Recover all accidental spills and discharges immediately and have such waste disposed of by a transporter holding a valid permit, license or registration from the appropriate city, state, or federal authority.

(f)

Generators are prohibited from placing any agent, including but not limited to emulsifiers, surface active agents, enzymes, degreasers or any type of product that will liquefy grease trap wastes, directly into a grease trap or into any drain that leads to the grease trap.

(2)

Mobile waste generators. Liquid waste generated by bus companies, recreational vehicles or other mobile sources must be disposed into the sanitary sewer system via a cleanout designed for this purpose or at an appropriate disposal facility. It shall be considered a violation of chapter 34, article VI, division 5, section 34-702(a)(6) to allow liquid waste to discharge into a street, storm drainage system, water course or stream or other unapproved location.

(3)

Disposal site operators. Liquid waste disposal site operators which accept liquid waste from a transporter permitted by the control authority shall comply with the terms of this division and receive waste from a transporter holding a control authority permit issued hereunder according to the requirements of the permit and this division. Every disposal site operator shall maintain the operator's copy of a manifest from a control authority liquid waste transporter permit for a period of five (5) years. The disposal site operator shall submit copies of all liquid waste manifests to the control authority on a monthly basis, by the 15th day of each month.

(4)

Commercial vehicle wash facilities. A commercial vehicle wash facility which uses a registered vehicle wash grit drying facility shall comply with the following requirements:

(a)

The commercial vehicle wash owner/operator must use a permitted liquid waste transporter to collect and dispose of commercial vehicle wash grit trap waste if public right-of-way will be used for the transportation and/or disposal of such waste while in liquid form (prior to drying).

(b)

The commercial vehicle wash owner/operator must clean out each grit trap quarterly, at a minimum, or more often as needed to prevent illegal discharge of pollutants into the sanitary sewer collection system and to ensure proper operation of the grit trap(s) as a pretreatment device. Owners of facilities performing onsite self-servicing of grit traps must document the date the trap was cleaned, the approximate quantity of waste removed for drying, the date the dried grit was sent offsite for final disposal, and the final disposal location. A control authority liquid waste transportation manifest is not required for onsite transfers, as long as the self-serving record are maintained. The commercial vehicle wash owner shall submit this information to the control authority annually by December 31 of each year.

(c)

If the vehicle wash grit drying facility is located onsite and public right-of-way is not used for transferring the waste from the interceptor to the drying facility, the waste must be transferred in a manner that prevents spillage. In the event grit is spilled during the transfer, the spill must be cleaned up immediately. Grit may not be placed into a stormwater collection system.

(5)

Vehicle wash grit drying facilities. Vehicle wash grit drying facilities shall comply with the following requirements:

(a)

The submittal of a letter requesting a registration number and describing the vehicle wash grit drying facility, signed by the owner of the facility, shall be submitted to the control authority. This letter should individually list the addresses of each commercial vehicle facility that will dry its wastes at the drying facility. The control authority will issue a registration number to each drying facility.

(b)

The vehicle wash grit drying facility, at a minimum, shall be constructed in a manner that is liquid tight and which ensures that all drainage from the facility, if any, is returned to the onsite sanitary sewer collection system at a point upstream from the grit trap. The drying facility must be enclosed or protected in a manner to prevent intrusion or infiltration of stormwater. Public access to the drying facility must be restricted.

(c)

When commercial vehicle wash grit trap wastes are received from an offsite commercial vehicle wash facility, the drying facility must complete the disposal plant operator section of the manifest. The drying facility shall maintain the pink copy of the manifest in accordance with sections 34-516.3 and 34-518.3 and shall submit copies of all liquid waste manifests to the control authority on a monthly basis, by the 15th of each month. The drying facility may only accept wastes from commercial vehicle wash facilities owned by the same company.

(d)

Commercial vehicle wash grit trap waste is considered appropriately dried when it passes TCEQ's paint filter test. Once the waste is appropriately dried, it is no longer considered liquid waste for the purpose of this division.

(e)

The control authority may revoke a drying facility's registration for failure to comply with the applicable provisions of this division. In the event that the control authority revokes a facility's drying registration, the facility must maintain any onsite grit traps in accordance with this division.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-519. - Suspension of permit.

The director may suspend or revoke permit upon a finding by the department that a permittee, or an agent or employee of the permittee has violated any of the terms or conditions of the permit or of this division and that the number or severity of the violations justify the suspension of the permit.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-520. - Enforcement.

(1)

Notice of alleged violations. Whenever the director believes that any person or permittee has violated or is violating this division and/or the liquid waste transportation permit, the director or his designated representative may serve (either personally or by registered or certified mail) upon such person or permittee a written notice stating the nature of the alleged violation. The recipient of an alleged violation notice must respond in writing to the director or his designated representative within fifteen (15) working days from the receipt of such notice.

Should the recipient of an alleged violation notice fail to respond in writing to the director within the initial fifteen (15) working day response period, as outlined in section 34-520, the recipient person or permittee shall be deemed to have admitted to responsibility for the violation.

(2)

Response by person or permittee to notice of alleged violation. The person or permittee responding to receipt of an alleged violation notice shall file written response, as required by section 34-520, in the most applicable of the following forms:

(a)

Should the person or permittee admit his or her responsibility for the alleged violation, the person or permittee must submit a letter report to the director which:

1.

If the nature of the violation of either the permit or this division involves a discharge or disposal of liquid waste that is prohibited herein, contain information regarding the time, date, location, cause, source, quantity, quality and concentration of the discharge or disposal and the corrective measures actually taken by the person or permittee to recover or neutralize the discharge, self-reporting notices submitted to any state, federal or other agencies having jurisdiction, and actions to be taken by the person or permittee to prevent any similar recurrent discharges or disposal.

2.

If the nature of the violation of either the permit or this division involves an administrative or procedural non-compliance, the letter report shall contain information regarding corrective measures and time schedules the person or permittee has adopted to assure expeditious and continued compliance.

(b)

Should the person or permittee deny his or her responsibility for the alleged violation, the person or permittee must submit a letter report to the director explaining why responsibility is being contested.

(3)

Legal action. Despite any other provisions contained in this division, the environmental counsel for the control authority is hereby authorized to seek legal and/or equitable remedies against any person or corporation believed by the department to be violating or have violated this division, the provisions of a liquid waste transportation permit, and/or federal or state laws governing water quality, industrial wastewater pretreatment, and hazardous or non-hazardous liquid waste transportation over which the control authority has enforcement authority. A legal proceeding prosecuted under this division does not constitute a waiver by the city water system of any right the city may have to join in a legal action originating from an alternative source of law.

The city water system may commence such actions for appropriate legal and/or equitable relief in courts having proper jurisdiction and may seek civil penalties and any other legal or equitable relief available under common law, Chapter 54 of the Texas Local Government Code, or any other applicable local, state, or federal code or statute.

(4)

Penalties.

(a)

Criminal. A conviction for violation of this division shall constitute a class C misdemeanor. A person convicted of a violation of this division shall be fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation. Each violation of a particular section of this division shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division. A culpable mental state is not required to prove an offense under this division. The president/CEO of the city water system is hereby authorized to designate qualified city water system personnel to serve notices of violations of this section and take all necessary action to file a complaint with the municipal prosecutor's office.

(b)

Civil. A civil penalty in an amount not to exceed five thousand dollars ($5,000.00) per violation of this division may be imposed. Each violation of a particular section of this division shall constitute a separate offense, and each day such an offense continues shall be considered a new violation for purposes of enforcing this division. A culpable mental state is not required to prove an offense under this ordinance.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-521. - Fees.

All liquid waste transporters shall pay the following fees, as appropriate, and in accordance with the current fee schedule:

(1)

A permit fee for each vehicle to be permitted;

(2)

A sampling fee;

(3)

An analysis fee;

(4)

A disposal site fee for disposing of septic or chemical toilet wastes at a control authority disposal facility;

(5)

A manifest booklet fee;

(6)

Other fees as the control authority may deem necessary to carry out the requirements contained herein, such as, but not limited to emergency response fees or special sampling fees. These fees relate solely to the matters covered by this division and are separate from all other fees, fines and penalties chargeable by the control authority or any other agency.

The special service charges outlined in schedule F, liquid waste hauler fee schedule, relating to liquid waste hauler permits shall be lawful rates charged by the system effective January 1, 2008. The city water system board of trustees is hereby authorized to periodically amend the fee schedule, by resolution, when a fee increase (or decrease) is required to adequately and appropriately recover the costs reasonably related to the implementation and operation of the liquid waste transportation program.

(Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04; Ord. No. 2007-12-13-1345, § 2(Att. B), 12-13-07)

Sec. 34-522. - Severability.

If any word, phrase, clause, paragraph, part or provision of this division or its subsections or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional, the remainder of that subsection and of this division shall nevertheless be valid, and the city council hereby declares that the subsection would have been enacted without such invalid, or unconstitutional word, phrase, clause, paragraph, part or provision.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-523. - Right of revision.

The city reserves the right to amend this division at any time to establish more stringent specific limitations or requirements on disposal to the regional wastewater transportation and treatment system if deemed necessary by the city to protect the collection, treatment operations and processes or to cure or prevent an effluent quality problem in potential landfill leachates, treated wastewater and/or resulting sludges. The city reserves the right to amend this division to comply with the general objectives and purposes presented in Article V, Division 3, Industrial Waste and Pretreatment.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)

Sec. 34-524. - Conflict.

All other divisions and parts of other divisions directly conflicting with any part of this division are hereby repealed only to the extent of such direct conflict.

(Ord. No. 80574, § 14, 8-4-94; Ord. No. 85765, § 2, 3-20-97; Ord. No. 99480, § 1(Exh. 1), 7-22-04)