BIOLOGICAL PRETREATMENT

Houston Code of Ordinances ch. 47, art. XI, div. 6

in effect

Houston Code of Ordinances § 47-471 Permit required.

Sec. 47-471. - Permit required. (a) It shall be unlawful to perform any biological pretreatment service except pursuant to a current and valid permit issued pursuant to this division. (b) It shall be unlawful for any person whose name is not listed on a permit as provided in section 47-473(d) of this Code and acting on behalf of that permit holder to perform any biological pretreatment service function. (c) It shall be unlawful for a generator or Class A site operator to suffer or permit the performance of any biological pretreatment service on any site under his possession or control by any person who does not hold a current and valid permit issued under this division. (d) It shall be unlawful for any person to cause or allow bioremediation to be performed on an interceptor or lift station by a person that does not possess a current permit for biological pretreatment or approved bioremediation media. (e) It shall be unlawful for any person to cause or allow the introduction of any surfactant, solvent or emulsifier into an interceptor, lift station, or similar device. (f) It is a defense to prosecution under this section that the use of surfactants, solvents or emulsifiers is incidental to normal personal hygiene. (g) It is a defense to prosecution under this section that the person is the owner or operator of the site where the interceptor or lift station is situated, or an employee or agent of the owner or operator, and that the biological pretreatment service is being performed under the direction of a biological pretreatment service permit holder, provided that all notices and reports provided for under this article have been timely filed. It is also a defense to prosecution under this section that the site is used exclusively for residential purposes. (Ord. No. 97-196, § 4, 2-19-97; Ord. No. 07-544, § 24, 5-9-07; Ord. No. 2020-1024, § 10, 12-2-2020)

Houston Code of Ordinances § 47-472 Application; fees.

Sec. 47-472. - Application; fees. (a) The health officer shall promulgate forms for original and renewal biological pretreatment service permit applications, which shall request the following information: (1) Name, street address, mailing address and telephone number of the applicant. The "applicant" shall be deemed to include the proprietorship, each partner if a partnership and each officer, director or holder of ten percent or more of the outstanding shares if a corporation. (2) A copy of the material safety data sheet for each product that will be utilized to render the biological pretreatment service. (3) A photocopy of the driver's license or Texas personal identification card of each person who will be authorized to perform biological pretreatment service functions on behalf of the applicant. (4) Whether the applicant or any employee designated under item (3) of this subsection has been convicted of any violation for which a biological pretreatment service permit is subject to denial, refusal to renew or revocation under section 1-10 of this Code. (5) Evidence of a comprehensive general liability insurance policy as required in section 47-475 of this Code. (b) A non-refundable biological permit and registration fee shall be submitted with each original and renewal application. (Ord. No. 97-196, § 4, 2-19-97; Ord. No. 02-528, § 13h., 6-19-02; Ord. No. 08-1229, § 23, 12-30-08)

Houston Code of Ordinances § 47-473 Issuance; transfer; assignment.

Sec. 47-473. - Issuance; transfer; assignment. (a) The health officer shall either grant or deny the biological pretreatment service permit within 30 days following the receipt of a completed application, unless a hearing is required under section 1-9 of this Code. If the biological pretreatment service permit is denied, written notice of the reasons shall be provided to applicant, and the applicant shall be afforded an opportunity for a hearing. The health officer shall grant the biological pretreatment service permit unless one or more of the following applies: (1) The applicant provided incomplete or inaccurate information in the application. (2) The applicant did not pay the required application processing fee. (3) A biological pretreatment service permit held by the applicant is currently under suspension. (4) A biological pretreatment service permit held by the applicant has been revoked or refused for renewal for cause within one calendar year from the date of filing of the application form. (5) The applicant failed to provide proof of the liability insurance coverage required in section 47-475 of this Code. If it appears that the applicant or any employee designated under item (3) of section 47-472(a) has been convicted of any violation for which a biological pretreatment service permit is subject to denial, refusal to renew, or revocation under section 1-10 of this Code, then the permit application may also be denied on that grounds, provided that the applicant shall be given notice and an opportunity for a hearing under section 1-9 of this Code. (b) Reserved. (c) A biological pretreatment service permit is personal and is valid only for sites for which notice has been given as provided in section 47-478(a) of this Code. Any attempt to assign or transfer a biological pretreatment service permit to another person shall render it void. (d) Each biological pretreatment service permit shall list the names of the persons authorized to perform biological pretreatment service functions under the permit. The permit shall not be valid for the performance of biological pretreatment service functions by any person not listed thereon. (Ord. No. 97-196, § 4, 2-19-97; Ord. No. 02-528, § 13i., 6-19-02)

Houston Code of Ordinances § 47-474 Term.

Sec. 47-474. - Term. A biological pretreatment service permit shall expire on January 31 of the year following the calendar year during which it was issued. (Ord. No. 97-196, § 4, 2-19-97)

Houston Code of Ordinances § 47-475 Liability insurance.

Sec. 47-475. - Liability insurance. A biological pretreatment service permit holder shall at all times keep a policy of comprehensive general liability insurance in full force and effect. The policy shall insure the public against any loss or damage to any person or property resulting from the conduct of the biological pretreatment service. The policy shall provide a minimum coverage of $250,000.00 per occurrence, with $500,000.00 aggregate. The policy must be written by a carrier that holds a current and valid certificate of authority from the state of Texas for the type of policy issued. Additionally, each policy must contain an endorsement requiring 30 days' advance written notice of termination or cancellation to the health officer. Failure to maintain proof of the required with the health officer shall cause the permit to become void. (Ord. No. 97-196, § 4, 2-19-97)

Houston Code of Ordinances § 47-476 Amendment.

Sec. 47-476. - Amendment. (a) A biological pretreatment service permit holder shall have a continuing duty to amend its permit application whenever there is a change in any item for which a representation or response was made in its permit application. The biological pretreatment service permit holder shall submit the amendment in writing within 15 days following the occurrence of the event making the amendment necessary. Failure to timely submit an application for an amendment shall cause the permit to become void. Applications for permit amendments shall be processed and amended permits shall be issued subject to the same criteria as original applications. (b) The 15-day period allowed in subsection (a) for the filing of an application for a permit amendment shall not apply to the addition of persons authorized to perform biological pretreatment service functions under the permit. A person may not perform biological pretreatment service functions under the permit unless and until so listed on the permit or an amendment thereto. (Ord. No. 97-196, § 4, 2-19-97)

Houston Code of Ordinances § 47-477 Revocation; suspension.

Sec. 47-477. - Revocation; suspension. A biological pretreatment service permit may be revoked or suspended in the same manner and for the same reasons as for a permit issued to a transporter under this article. (Ord. No. 97-196, § 4, 2-19-97)

Houston Code of Ordinances § 47-478 Reports.

Sec. 47-478. - Reports. (a) Prior to the commencement of service at any site, a biological pretreatment service permit holder shall provide written notice to the health officer in a form prescribed by the health officer. Any such notice shall remain in effect until withdrawn in writing by the biological pretreatment service permit holder. (b) On or before the fifteenth day of each calendar month, each biological pretreatment service permit holder shall provide a monthly report, accompanied by a processing fee, to the health officer, setting forth the name, address and telephone number of each site at which biological pretreatment service was performed, the dates on which the service was rendered during the preceding calendar month. (c) Reports and notices under this section shall be made in or on a form promulgated by the health officer, shall be filed in such manner as the health officer may prescribe by regulations and shall be kept on site for at least five years after the date the biological pretreatment service was performed. The records shall be made available to the city official upon request. A copy of the regulations shall be maintained for inspection in the offices of the health officer, and copies shall be provided at the fees prescribed by law. (Ord. No. 97-196, § 4, 2-19-97; Ord. No. 07-544, § 25, 5-9-07; Ord. No. 08-1229, § 24, 12-30-08)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH47WASE_ARTXITRTRCEWA_DIV6BIPRFetched: 10/26/2026