Individual wastewater discharge permits and general permits.
Houston Code of Ordinances § 47-190
in effectSec. 47-190. - Individual wastewater discharge permits and general permits.
(a) Wastewater analysis. When requested by the director, a user must submit information on the nature and characteristics of its wastewater within 30 days of the request. This information shall include, but is not limited to, the items listed in section 47-190(e) of this article. The director is authorized to prepare a form for this purpose and may periodically require a user to update information on the nature and characteristics of the user's wastewater.
(b) Individual wastewater discharge permit and general permit requirement.
(1) A user meeting any of the following criteria shall not discharge wastewater into the POTW without first obtaining an individual wastewater discharge permit or a general permit from the director:
a. SIUs;
b. Industrial users that discharge concentrations of BOD or TSS greater than those levels established for the imposition of the user surcharge under article III of this chapter; or
c. Industrial users that contribute or have the potential to contribute industrial waste having concentrations of pollutants that would interfere with or pass through the sewer system or contaminate the city's sewage sludge.
(2) The director may require a user who does not meet any of the criteria in subsection 47-190(b)(1) of this article to obtain individual wastewater discharge permits or general permits as necessary to carry out the purposes and objectives of this article.
(3) Any violation of the terms and conditions of an individual wastewater discharge permit or general permit shall be deemed a violation of this article and subjects the wastewater discharge permittee to the sanctions set out in sections 47-196 through 47-198 of this article. Obtaining an individual wastewater discharge permit or general 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) Individual wastewater discharge and general permitting—Existing connections. Any user required to obtain an individual wastewater discharge permit or general permit who was discharging wastewater into the POTW prior to December 2, 2020 and who wishes to continue such discharges, shall, within 45 days after December 2, 2020, apply to the director for an individual wastewater discharge permit or general permit in accordance with section 47-190(e) of this article, and shall not cause or allow discharges to the POTW to continue after 90 days after December 2, 2020 except in accordance with an individual wastewater discharge permit or general permit issued by the director. A user with an expiring industrial waste permit must apply for a new permit by submitting a complete permit application at least forty-five (45) days prior to the expiration of the user's existing permit. A user that has filed a complete and timely application may continue to discharge as approved in writing by the city through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act on the user's part.
(d) Individual wastewater discharge and general permitting—New connections. Any user required to obtain an individual wastewater discharge permit or general permit who proposes to begin discharging into the POTW must obtain such permit, if the user does not have an applicable permit, prior to the beginning or recommencing of such discharge. An application for an individual wastewater discharge permit or general permit pursuant to section 47-190(e) of this article must be filed at least 90 days prior to the date upon which any discharge will begin. The user shall provide a tour of the facilities for department inspectors prior to commencing or recommencing discharge.
(e) Individual wastewater discharge and general permit application contents.
(1) All users required to obtain an individual wastewater discharge permit or general permit must submit a permit application. Users that are eligible may request a general permit under section 47-190(f) of this article. The director may require users to submit all or some of the following information as part of an individual or general permit application:
a. Identifying information.
1. The name and address of the facility, including the name of the operator and owner.
2. Contact information, types of products or services, description of activities, facilities, and plant production processes on the premises.
b. Environmental permits. A list of any environmental control permits held by or for the facility.
c. Description of operations.
1. 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.
2. A schematic process diagram, which indicates all process tanks, process lines, treatment systems, drains, and points of discharge to the POTW.
3. 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.
4. Number and type of employees, hours of operation, and proposed or actual hours of operation.
5. Type and amount of raw materials processed (average and maximum per day).
6. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, sampling points, city sewer connections, pretreatment facilities, and appurtenances by size, location, and elevation, and all points of discharge.
d. Time and duration of discharges including the date the user first began discharge or plans to discharge to the POTW.
e. The location for monitoring all wastewater discharges from the user.
f. 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 in accordance with subsection 47-188(b)(3) of this article and 40 C.F.R. § 403.6(e). For new sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the BMR.
g. Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated process and any new categorically regulated processes.
2. 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.
3. Instantaneous, daily maximum, and long-term average concentrations, or mass, where required, shall be reported.
4. The sample shall be representative of daily operations and shall be analyzed in accordance with procedures set out in section 47-192(k) 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.
5. Sampling must be performed in accordance with procedures set out in section 47-192(l) of this article.
h. Any request to be covered by a general permit based on section 47-190(f) of this article.
i. Any other information as may be deemed necessary by the director to evaluate the permit application.
(2) Incomplete or inaccurate applications will not be processed and will be returned to the user for revision.
(3) The director shall charge and collect applicable fees for each industrial waste permit or regulated entity if a permit is not required. Fees shall be as stated for this provision in the city fee schedule. Payment of any applicable fees when due is a condition of the processing of any application or authorization request under this article.
(f) Wastewater discharge permitting: general permits.
(1) At the discretion of the director, the director may use general permits to control user discharges to the POTW if the facilities to be covered by a general permit meet the following conditions:
a. Involve the same or substantially similar types of operations;
b. Discharge the same types of wastes;
c. Require the same effluent limitations;
d. Require the same or similar monitoring; and
e. In the opinion of the director, are more appropriately controlled under a general permit than under individual wastewater discharge permits.
(2) To be covered by the general permit, the user must file a written request for coverage that identifies its contact information, production processes, the types of wastes generated, the location for monitoring all wastes covered by the general permit, and any other information the director deems appropriate.
(3) The director will retain a copy of the general permit, documentation to support the director's determination that a specific user meets all the criteria in subsection 47-190(f)(1) of this article and applicable state regulations, and a copy of the user's written request for coverage for three years after the expiration of the general permit.
(4) The director may not control a SIU through a general permit where the facility is subject to production-based categorical pretreatment standards or categorical pretreatment standards expressed as mass of pollutant discharged per day or for IUs whose limits are based on the combined wastestream formula in accordance with subsection 47-188(b)(3) of this article and 40 C.F.R. § 403.6(e).
(5) The director shall charge and collect fees for each industrial waste permit or regulated entity if a permit is not required. Fees shall be as stated for this provision in the city fee schedule. Payment of any applicable fees when due is a condition of the processing of any application under this article.
(g) Application signatories and certifications.
(1) All wastewater discharge permit applications, user reports and certification statements must be signed by an authorized representative of the user and contain the certification statement in section 47-192(o) of this article.
(2) If the designation of an authorized representative of the user is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, the user must submit a new written authorization satisfying the requirements of this section to the director prior to or together with any reports to be signed by the new authorized representative.
(h) Individual wastewater discharge and general permit decisions. The director will evaluate the data furnished by the user and may require additional information. Within 90 days of receipt of a complete permit application from a new user, and within 45 days of receipt of a complete permit application from an existing user, the director will determine whether to issue an individual wastewater discharge permit or a general permit. The director may deny any application for an individual wastewater discharge permit or a general permit based on the following reasons:
A permit shall be denied if the applicant:
(1) Cannot demonstrate compliance with sampling and operating standards of this article;
(2) Fails to provide any requested information as provided in section 47-190(e) of this article;
(3) Fails to provide and operate treatment and sampling facilities as provided in sections 47-189 and 47-193(1) of this article;
(4) Fails to pay all fees or charges required by this chapter or other applicable fees,
(5) Cannot demonstrate to the satisfaction of the director that the facility has been designed or will be operated in a manner that will produce a discharge that is acceptable to the POTW.
A permit may be denied if the applicant:
(1) Is an existing user or a previously unpermitted user that is at the time of the application violating or has previously violated the provisions of this article or any other city ordinance pertaining to the sanitary sewer system;
(2) Is an existing user or prior user and has had, during the term of its current or previously issued permit, recurring noncompliance with any provisions of this article or its previously issued permit;
(3) Has not complied with all applicable building and plumbing codes.
If the permit is denied, the director shall notify the applicant of the denial and the basis for permit denial. Recurring non-compliance may result in an interim renewal that requires increased self-monitoring or other requirements deemed necessary to demonstrate compliance. A permit shall not be renewed to an applicant that has had its sanitary sewer service disconnected as the result of termination of utility service or to an applicant that is in arrears on its sewer bill.
(i) Discharge flow meter. A user shall be required to install and maintain a wastewater discharge meter if:
(1) The user accepts material from off-site that causes or contributes a wastewater discharge to the sanitary sewer system, including material received on trucks, trains, ships, or via pipeline;
(2) The user discharges wastewater to the sanitary sewer system that is from a source other than city-provided water and is not billed for city sewer usage, such as well water or storm water;
(3) The user has a chemical or physical process that produces water that will be discharged to the sanitary sewer system;
(4) The user is subject to flow- or mass-based pretreatment standards; or
(5) The director determines that a wastewater discharge meter is required.
The discharge meter shall be purchased and installed by the user in accordance with the requirements of the department.
User shall establish a discharge meter billing account with the department for each discharge meter prior to the issuance of a new industrial waste permit or prior to starting any new process that will discharge unmetered wastewater to the sanitary sewer system.
User's failure to install a required discharge meter or establish a discharge meter billing account shall be grounds for the director to deny issuance of a new permit or revoke any existing permit.
Failure to maintain a required discharge meter in good working order, to calibrate the meter as required by the department, or to maintain an active discharge meter billing account will result in the revocation of the user's permit in accordance with section 47-191(f) of this article. Diverting wastewater to avoid measurement in a discharge meter will also result in the revocation of the user's permit or disconnection of water/wastewater service.
(j) Additional guidelines. The director is authorized to promulgate guidelines for administration of this article that are consistent with its requirements and applicable state and federal laws and regulations.
(Ord. No. 2020-1024, § 2(Exh. A), 12-2-2020)
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_ARTVINWA_S47-190INWADIPEGEPEFetched: 10/26/2026