25th Annual U.S. EPA Region VI Pretreatment Association Workshop Liquid Waste Transporter Enforcement Stories August 5, 2009 Ms. Erin La Rue Pretreatment Compliance Specialist City of Austin Austin Water Utility

What are the Goals of a Liquid Waste Transporter Program? Protect Publicly Owned Treatment Works Protect Publicly Owned Treatment Works Reduce Sanitary Sewer Overflows Reduce Sanitary Sewer Overflows Protect Public Health and the Environment Protect Public Health and the Environment

Levels of Authority Congress – Legislation – Clean Water Act Congress – Legislation – Clean Water Act EPA – Federal Code of Regulation, Title 40 EPA – Federal Code of Regulation, Title 40 TCEQ – Texas Water Code – Vernon’s Civil Statues – Adopts Federal Regulations TCEQ – Texas Water Code – Vernon’s Civil Statues – Adopts Federal Regulations Local POTW – Austin Water Utility Wastewater Regulations, Chapters 15-5 and of the Austin City Code of Ordinances – Empower Rulemaking: Implement and Interpret TX & US Regulations Local POTW – Austin Water Utility Wastewater Regulations, Chapters 15-5 and of the Austin City Code of Ordinances – Empower Rulemaking: Implement and Interpret TX & US Regulations

Texas Transporter Regulations Texas Administrative Code, Title 30,Part 1, Chapter 312, Subchapter G Texas Administrative Code, Title 30, Part 1, Chapter 312, Subchapter B Texas Administrative Code, Title 30, Part 1, Chapter 330, Subchapter A

City of Austin Ordinances LWT Regulation City of Austin, Code of Ordinances, Chapter 15-5 Private Sewage Facilities, Article 2 Liquid Waste Haulers. City of Austin, Code of Ordinances, Chapter Wastewater Regulations, Article 9 Regulation of Liquid Waste Haulers

Authority and Procedural Considerations Federal Waste Regulation– 40 CFR Authority to Investigate Federal Waste Regulation– 40 CFR Authority to Investigate LWT Program Procedures Manual LWT Program Procedures Manual Control Mechanisms: annual permits (explicit and detailed requirements/vary requirements for permittee history of non- compliance), POTW discharge privileges, case-by-case special POTW discharge authorizations process, wastewater service contracts Control Mechanisms: annual permits (explicit and detailed requirements/vary requirements for permittee history of non- compliance), POTW discharge privileges, case-by-case special POTW discharge authorizations process, wastewater service contracts

Compliance Monitoring Samples are collected from all waste vehicles at the time of discharge at the POTW by receiving station Subset of samples are randomly selected daily by laboratory staff for testing (pH, COD) Special “emergency” sample bottle kits are kept at the POTW receiving station e.g. Staff notice unusual odors, colors, etc. (for more extensive tests: FOG’s and Organics) Detailed information required on manifest ticket for each separate waste generator load (except chemical toilet waste, where multiple trips can combine to one load—document number of toilets serviced on each ticket of combined toilet waste)

LWT Program Violations Falsifying records or reports Falsifying records or reports No Manifest Trip Ticket No Manifest Trip Ticket Illegal Discharge Illegal Discharge Operating Without Current Annual Permit/Annual Vehicle Inspection Operating Without Current Annual Permit/Annual Vehicle Inspection Other Ordinance Violations Other Ordinance Violations History of Non-Compliance History of Non-Compliance

LWT Investigations Illegal dumping by Liquid Waste Transporters Illegal dumping by Liquid Waste Transporters Most likely to occur at: - Manholes - Large Grease Traps (2000 gal. or larger) - Creeks, Lakes, Watersheds - Storm Sewers - Cleanouts - Treatment Facilities (direct slug to POTW) - Package Plants (haulers with access) - During transport (open valve slightly)

“Ideal” LWT Compliance Case Educate Public—Observe & Report Educate Public—Observe & Report Ability to respond at the time/location witness reports violation occurring Ability to respond at the time/location witness reports violation occurring Obtaining time/date stamped still photos and/or video (no audio) Obtaining time/date stamped still photos and/or video (no audio) Obtaining sufficient detail (license plate, suspect physical description) on a signed witness statement Obtaining sufficient detail (license plate, suspect physical description) on a signed witness statement Obtaining valid suspect identification (line- up recognition) Obtaining valid suspect identification (line- up recognition)

Illegal Dumping?

Assisting Other Environmental Law Enforcement Investigations What We Can Do For You: What We Can Do For You: - Regulatory Files and Permits - Provide Technical Knowledge of Wastewater Operations and Standard Industry Practices - Provide Scientific Knowledge - Sampling Methodology (Standard Methods) - Laboratory Analysis (access – save you $$$) - TV sewer lines (placement of video cameras) - Membership in Local Environmental Task Force

“Real World” Issues Incident 06/08/09 Incident 06/08/09 A liquid waste hauler may not knowingly accept and transport a hazardous waste § (B) Prohibition Hazardous Wastes (EPA definition) § (B) Prohibition Hazardous Wastes (EPA definition) Sample collected correctly Valid Chain of Custody Gas Detector Alarm Records Gas Detector Calibration Records Complete Witness Statement Multiple Witnesses—Coherent Picture Plant Flow Schematics

Overview What are our goals? What are our goals? How can we improve our local regulations? How can we improve our local regulations? How can we utilize existing resources (people, equipment, media coverage)? How can we utilize existing resources (people, equipment, media coverage)? Elements for pursuing legal action? Elements for pursuing legal action? GOOD LUCK!! GOOD LUCK!!

Erin La Rue Pretreatment Compliance Specialist Tel: (512) Fax: (512)