§ 27-69. Heavy metals and toxic materials.

Rule No. 156.19.15.001—.009, Texas Department of Water Resources, is hereby adopted as it now exists or may be hereinafter amended in its entirety and shall henceforth govern the discharge of the sewer system of the City of Eagle Pass:

Texas Water Development Board
General Regulations Incorporated Into Permits
156.19

Hazardous Metals
156.19.15.00—.009

These rules are promulgated under the authority of Sections 5.131 and 5.132, Texas Water Code.

.001. Definitions.

(a)

"Hazardous metal" includes each of the following metals in its elemental state and any of its compounds expressed as that metal: arsenic, barium, cadmium, chromium, copper, lead, manganese, mercury, nickel, selenium, silver, and zinc.

(b)

"Inland waters" shall include all surface waters in the state other than "tidal waters" defined below.

(c)

"Tidal waters" shall mean those waters of the Gulf of Mexico within the jurisdiction of the State of Texas, bays and estuaries thereto, and those portions of the river systems which are subject to the ebb and flow of the tides, and to the intrusion of marine waters.

(d)

"Average quality" means the arithmetic average (weighted by flow value) of all the daily determinations of concentrations made during a calendar month. Daily determinations of concentrations made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the daily determination of concentration shall be the arithmetic average (weighted by flow value) of all the samples collected during the calendar day.

(e)

"Daily composite quality" means the concentration of a sample consisting of a minimum of three (3) grab samples of effluent collected at regular intervals over a normal operating day and combined proportional to flow, or a sample continuously collected proportional to flow over a normal operating day.

(f)

"Gram sample quality" means the concentration of an individual sample of effluent collected in less than fifteen (15) minutes.

.002. Quality levels—Inland waters. The allowable concentrations of each of the hazardous metals, stated in terms of milligrams per liter (mg/l), for discharge to inland waters are as follows:

	Not To Exceed
Metal	Average	Daily Composite	Grab Sample
_____
Arsenic	0.1	0.2	0.3
Barium	1.0	2.0	4.0
Cadmium	0.05	0.1	0.2
Chromium	0.5	1.0	5.0
Copper	0.5	1.0	2.0
Lead	0.5	1.0	1.5
Manganese	1.0	2.0	3.0
Mercury	0.005	0.005	0.01
Nickel	1.0	2.0	3.0
Selenium	0.05	0.1	0.2
Silver	0.05	0.1	0.2
Zinc	1.0	2.0	6.0

 

.003. Quality levels—Tidal waters. The allowable concentrations of each of the hazardous metals, stated in terms of milligrams per liter (mg/l), for discharge to tidal waters are as follows:

	Not To Exceed
Metal	Average	Daily Composite	Grab Sample
_____
Arsenic	0.1	0.2	0.3
Barium	1.0	2.0	4.0
Cadmium	0.1	0.2	0.3
Chromium	0.5	1.0	5.0
Copper	0.5	1.0	2.0
Lead	0.5	1.0	1.5
Manganese	1.0	2.0	3.0
Mercury	0.005	0.005	0.01
Nickel	1.0	2.0	3.0
Selenium	0.1	0.2	0.3
Silver	0.05	0.1	0.2
Zinc	1.0	2.0	6.0

 

.004. Dilution prohibited. The attainment of the specified levels simply by dilution, in the absence of treatment (that is, by use of extraneous or other wastewater intermixed to dilute a particular discharge) is specifically prohibited. The mercury level in the effluent stream from the facility in which a waste containing mercury originates shall be measured after treatment and before any extraneous water or wastewater from any other source has been added.

.005. Sampling and analysis. Test procedures for the analyses of hazardous metals shall comply with any procedures specified in the rules and regulations of the board and shall conform to regulations published pursuant to Section 304(g) of the Federal Water Pollution Control Act Amendments of 1972. In the event a question arises concerning sampling and analysis, the executive director shall authorize or approve the method or methods of sampling and analysis to be used in measuring or calculating the quantity of a hazardous metal in an effluent.

.006. Toxic pollutant. The commission may require more stringent quality levels than those set forth in rules .002 and .003 of this subsection where necessary to insure protection of the water in the state.

.007. Groundwater protection. This rule is directed towards discharges into surface waters in the state. Nevertheless, the board is equally interested in protection of the quality of groundwater resources. It is the intention of the board to apply the terms of this subchapter where practicable and necessary, in order to protect the quality of groundwaters.

.008. Where waste discharge permits do specify. Where waste discharge permits specify effluent limitations for any of the hazardous metals named in this subchapter, the quality levels stated in rules .002 and .003 of this subchapter shall not apply to the particular discharge with respect to the particular metals specifically regulated in the corresponding waste discharge permit.

.009. Waste discharge permit amendment. Every waste discharge permit which is in effect on December 31, 1975, is hereby amended to incorporate the terms of this subchapter with respect to each of the hazardous metals named in this subchapter except as provided in rule .008., above. In all waste discharge permits which the commission may issue or amend the quality levels specified in this subchapter shall apply where the commission does not establish specific effluent limitations regulating the particular metal.

(Ord. No. 75-05, § 4, 4-8-1975; Ord. No. 79-20, 7-24-1979)