Ordinance No. 13,638ORDINANCE NO. 13,638
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A WASTE DISPOSAL AGREEMENT WITH
CEDAR BAYOU PARK UTILITY DISTRICT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes and
directs the City Manager to execute a Waste Disposal Agreement with Cedar Bayou Park Utility
District. Said agreement is attached as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the
City of Baytown this the 201h day of November, 2017.
ATTE :
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LETICIA BRYSCH, City Wrk
APPROVED AS TO FORM:
jam�/ L4C-f �'
ACIO RAMIREZ, S", ity Attorney
and after its passage by
vote of the City Council of the
DONCARLOS,
1lcobfsO I \1ega11KarenTi1es1,City Council'.Ordinances\2017\November 20•.CedarBayouParkUtilityDistrictWasteDisposalAgreement.doc
Exhibit "A"
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
CEDAR BAYOU PARK UTILITY DISTRICT
This Waste Disposal Agreement (this "Agreement") is made and entered into as of the
date herein last specified by and between the City of Baytown, Texas, a municipal corporation
and home -rule city which is principally located in Harris County, Texas (the "City"), and Cedar
Bayou Park Utility District, a conservation and reclamation district in Harris County created
under Section 59, Article XVI, Texas Constitution, Chapter 53, Texas Water Code, and Chapter
9026 of the Texas Special District Local Laws Code (the "District").
1. The City is a municipal corporation and home -rule city principally located in
Harris County, Texas. The City owns, operates and maintains a waste collection, treatment and
disposal plant and related equipment and facilities for the gathering, treatment and disposal of
waste.
2. The District is a fresh water supply district organized and existing under Article
XVI, Section 59 of the Constitution of the State of Texas, Chapter 53, Texas Water Code, and
Chapter 9026 of the Texas Special District Local Laws Code, as amended.
3. The District owns a waste collection system serving the Service Area; however,
due to damages to such system sustained in Hurricane Harvey, the District desires to purchase
treatment and disposal of waste generated within the Service Area from the City for an initial
term of six (6) months, which term may be extended as provided for herein.
4. The District is empowered to collect, transport, process, dispose of, and control all
domestic, industrial or commercial waste whether in fluid, solid or composite state.
5. The District is authorized to purchase, construct, acquire, own, maintain, repair or
improve or extend inside and outside its boundaries any and all works, improvements, facilities
and plants, necessary and incidental to the collection, transportation, processing, disposition and
control of all waste.
6. All or part of the Service Area lies within the extraterritorial jurisdiction of the
City as established by Chapter 42 of the Texas Local Government Code as amended. The parties
acknowledge the possibility that the City may annex the Service Area during the term of this
Agreement. In addition the parties desire to avoid overlapping responsibilities for utility service.
7. The parties have determined that they are authorized to enter into this Agreement
by the Constitution and the laws of the State of Texas, including without limitation Texas Local
Government Code Section 552.001 and Texas Water Code Section 49.213, as same may be from
time to time amended.
Waste Disposal Mreement, Page 1
NOW THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements herein contained the parties hereto do mutually agree as follows:
ARTICLE I
DEFINITIONS
The terms and expressions used in this Agreement, unless the context clearly shows
otherwise, and in addition to other defined terms herein, have the following meanings:
1.01 "Alteration" or "Alter" shall mean modifying, improving, replacing, expanding,
extending, or making other changes to a facility, exclusive of maintenance repairs which are
preventative in nature.
1.02 "City's System" shall mean the systems for the collection, transportation and
treatment of waste and any extensions thereof and additions thereto, currently serving or that
may be constructed to serve the City.
1.03 "Director" shall mean the Director of Public Works/Utilities of the City of
Baytown.
1.04 "District's System" shall mean the systems for the collection and transportation of
waste, and any extensions thereof and additions thereto, constructed or to be constructed to serve
the District, including those lines and facilities necessary for the transportation of waste from
dwellings and buildings connected to the District's System to the point of interconnection with
the City's System.
1.05 "Industrial Waste" shall mean waste resulting from any process of industry,
manufacturing, trade or business from the development of any natural resource, or any mixture
of the waste with water or normal wastewater, or distinct from normal wastewater.
1.06 "Infiltration Water" shall mean water or other waste which enters a sanitary sewer
system by means other than by a permitted connection; "infiltration water" includes water which
leaks into a sanitary sewer system.
1.07 "Interconnections" shall mean those improvements necessary for the connection
of the City's System and District's System as set forth herein.
1.08 "Prohibited Waste" shall be those discharges prescribed by the City of Baytown's
Industrial Waste Ordinance as set forth in Article V of Chapter 98 of the Code of Ordinances of
the City of Baytown, a copy of which is attached hereto as Exhibit "A" and for all purposes
made a part of this Agreement. All future amendments to the City's Industrial Waste Ordinance
shall apply to this Agreement when such amendments are adopted.
1.09 "Service Area" shall mean the area within the boundaries of the District. The
District covenants that the Service Area is now and shall always be within the area as more
Waste Disposal Agreement, Page 2
particularly described in Exhibit `B," which is attached hereto and incorporated herein for all
intents and purposes. The Service Area consists of a total of 188.01 acres, which includes
188.01 acres of residential housing (or approximately 180).
1.10 "Sewaize" shall mean the liquid and water -carried domestic waste discharged for
sanitary conveniences of dwellings and buildings connected to a sanitary sewer collection
system, excluding industrial wastewater discharged into sanitary sewers.
1.11 "TCEQ" shall mean the Texas Commission on Environmental Quality or its
successor.
1.12 "Treatment Plant" or "Plant" shall mean the City's Northeast District Wastewater
Treatment Plant, including all additions or modifications thereto which may occur subsequent to
the execution of this Agreement.
1.13 "Waste" shall mean sewage and Industrial Waste collected by a sanitary sewer
system together with such infiltration water as may be present, provided that such system is
constructed in compliance with City Specifications and continually and promptly maintained and
repaired.
ARTICLE II
DISTRICT'S SYSTEM
2.01 District's System. The District shall operate and maintain and may thereafter
Alter the District's System. No cost of the District's operation, maintenance or Alteration of the
District's System, including engineering fees, the acquisition of any lands or easements in
connection therewith, and obtaining the approval of any regulatory agency shall be borne by the
City.
2.02 City Approval of Plans and Specifications. Prior to the initiation of any
construction for any Alteration of the District's System during the term of this Agreement, the
engineers of the District shall submit to the Director for written approval the plans and
specifications. No construction for any Alteration of the District's System shall begin until such
plans and specifications are approved in writing by the Director. The District's engineer will
provide the City, upon completion of any Alteration, with a certification that the District's
System was built in accordance with the City's standard plans and specifications as approved by
the City. Should this agreement remain in effect after six (6) months from the Effective Date, the
District shall be required to provide the City as -built drawings of the current system and any
Alteration thereof.
Waste Disposal Agreement, Page 3
2.03 Inspection. The District specifically grants the City the right to inspect at any
time any and all construction of the District's System in order to determine whether such
construction is in conformance with the City's standards and the approved plans and
specifications. Should all or any portion of the District's System be found by the Director not to
conform in some material respect with the City's standards or the approved plans and
specifications, then the District shall immediately upon receiving written notice from the City of
such non-conformance take those remedial steps necessary to meet the required standards,
regardless of when such non -conformity is detected. The District's System must be brought into
conformity with the City's standards and the approved plans and specifications within thirty (30)
days of the District's receipt of notice of non-conformance, unless an extension is approved in
writing by the Director. Failure to adequately and timely remedy the District's System shall be
construed as an Event of Default for which no additional opportunity to cure shall be given.
2.04 Point of Connection. The point of connection between the City's System and the
District's System shall be at the City's manhole labeled EQ121 and further depicted in Exhibit
"C" and shall not be changed without prior written approval of the Director.
2.05 Discharge. Both the City and the District agree that the City shall receive from
the District and the District shall discharge such volumes of waste at such times and in such
quantities as provided in Article IV of this Agreement, for the price and at the point or points of
delivery herein provided, consistent with other limitations as stated herein.
2.06 Commencement of Use of Interconnections. Due to the emergency caused by
Hurricane Harvey, the Interconnections were placed into operation on September 6, 2017, the
Interconnections and the District's System remain subject to the inspection and approval by the
City. Furthermore, the City reserves the right to reject any Interconnection designated by the
District which would, in effect, interfere with or increase the cost of any other facilities or
operations which the City might wish to construct or implement, or plan to construct or
implement, or which would adversely affect the City's ability to provide sewer services to any of
its customers.
2.07 Waste Flow Devices. The District shall install at the point of discharge, or some
other location on its system acceptable to the Director, a metering or recording device, also
acceptable to the Director, capable of accurately recording total flow on a daily basis, including
peak daily flows. The District shall maintain this device in good operating condition at all times
and calibrate the same for accuracy at least once every six (6) months. The City shall have the
right to inspect this device at all times and to take readings from it. If the City's inspection
shows that the metering device is failing to register ten percent (10%) or more of the actual
wastes being discharged, then the District shall bear the cost of inspection and recalibration. The
District shall within ten (10) days after request of the Director render any and all repairs or
replace said device if necessary to provide accurate readings. The District covenants and agrees
to render monthly reporting to the City of the readings made from such meter(s). Said readings
shall be made on the first regular business day following the first day of each month.
Waste Disposal Agreement, Page 4
ARTICLE III
OWNERSHIP, OPERATION AND MAINTENANCE OF SYSTEMS
3.01 District's System. The District shall own, operate and maintain at its sole cost
and expense, the District's System and will promptly repair any of its facilities so as to prevent
leakage or infiltration. However, should the District fail to operate and maintain the District's
System in a manner consistent with sound engineering principles and should such failure become
a danger to the continued proper operation of any portion of the City's System as determined at
the sole discretion of the City then such failure shall be considered an Event of Default.
3.02 City's Plumbing Code. The District covenants and agrees to comply with the
City's current Plumbing Code and all amendments thereto for sanitary sewer facilities and agrees
not to permit plumbing work relating to sewer service or allow connection to the District's
System except in compliance with the City's Code and after inspection and approval by the
District's operator or other authorized representative. The District shall, after such inspection
and approval and prior to service to the facility, submit to the City an affidavit of inspection
certifying that all requirements of the City's Plumbing Code have been satisfied.
The District further agrees that all plumbing connections shall be maintained in
compliance with the Plumbing Code requirements of the City. In order to enforce this provision,
the City inspectors shall be permitted to act for and on behalf of the District or in lieu of the
District's operator, and the District will enforce any notice issued by such inspectors. The
District will be charged an inspection fee in the amount as specified in Section 2-595 of the Code
of Ordinances, as amended, for each inspection made by the City pursuant to this provision. If
any such notices are not complied with, the District shall discontinue service when this may be
legally done pursuant to the District's Rate Order upon the request of the City to do so. A copy
of such rate order is attached hereto as Exhibit "D" and incorporated herein for all intents and
purposes. Failure of the City to act on behalf or in lieu of the District shall not be construed as a
waiver of the right to so act in the future or to exercise any right or remedy occurring as a result
of the District's default.
Should the District for any reason fail to enforce the standards established by the City's
Plumbing Code for sewer facilities or should the District fail to comply with the foregoing
provisions of this section, such failure shall be an Event of Default.
3.03 Outside Service Contracts. The District agrees that should the District desire to
delegate responsibility for maintenance or for supervision of the District's System to any
individual or entity other than its own employees or a sewage plant operator holding a valid
certificate of competency issued under the direction of the TCEQ as required by Texas Water
Code Section 26.0301, as amended, or any other permit or certificate required by law, then any
such proposed service arrangement, by written contract or otherwise, must be approved in
writing by the Director, whose consent shall not be unreasonably withheld, prior to execution by
the parties. Failure of the District to submit any such proposed service agreement to the District
prior to its execution shall be considered an Event of Default. Any outside service agreement,
whether submitted to the City or not, shall contain a clause terminating the service agreement as
to the District on the date of annexation of the District by the City.
Waste Disposal Agreement, Page5
3.04 Industrial Waste. The District shall not discharge any Industrial Waste into the
City's System.
3.05 Waste to Comply with City Ordinance. Discharges of Industrial Waste into
the District's System shall comply with Article V "Industrial Waste," Chapter 98 "Utilities" of
the Code of Ordinances of the City of Baytown, Texas. User fees shall be charged in accordance
with Division 4 "User Charges and Agreements" of such article. The District is obligated to
assume the responsibility to enforce Article V "Industrial Waste" with respect to impermissible
discharges of Prohibited Wastes originating from within the District. Failure of the District to
enforce said City Ordinance to the satisfaction of the City shall be considered an Event of
Default.
3.06 Seepage and Infiltration. The District agrees that it will adopt and enforce written
rules, regulations, and provisions to ensure that connections to the System will be such as to
prevent as much as feasibly possible the discharge into said System of anything except sewage;
and in particular, but without limitation thereto, that no drains shall be installed or connected in
such a manner that any rainwater or other surface waters are permitted to enter the District's
System; and, in addition, that adequate safeguards will be taken to prevent any abnormal seepage
or infiltration or discharge of any solid matter into said System. The District agrees that
throughout the term of this Agreement the District will promulgate and enforce an active
program to reduce the inflow and infiltration into the City's System. Additionally, the District
shall tender to the City a report at least annually on the progress of such program. Prior to the
execution of this Agreement by the City, the District shall supply the Director with a copy of
such rules, regulations, and contracts, including statement of measures designed to enforce such
provision. The District shall initiate whatever lawful actions are necessary to disconnect any
customer who, following reasonable notice, refuses to remove noncompliant connections. The
District will inspect all connections at the time made and continue to monitor the District's
System as a whole to detect infiltration and unpermitted connections at least one (1) time per
month or as otherwise may be ordered by the Director. The District further agrees to
continuously maintain the District's System so as to prevent any abnormal seepage or infiltration
or discharge of any solid matter into said System. Failure to do so shall be an Event of Default
notwithstanding any payments pursuant to the following paragraph.
3.07 Participation in State and Federal Grant Programs, Contribution to Costs. The
District recognizes that the City may participate in a federally -funded grant program for the
construction of sewage treatment plants under the provisions of the Federal Water Pollution
Control Act, P.L. 92-500, as amended. Furthermore, the District recognizes that the City may in
the future participate in similar federal or state programs. As part of such programs, and
consistent with the City's successful participation and sharing in grant funds, certain
responsibilities may be imposed upon the City with respect to compliance with state and/or
federal rules and regulations regarding contributors to the City's System. The District recognizes
that by virtue of this Agreement it is a contributor to the City's System and, as a contributor shall
be required to take all necessary steps to enable the City to continue to comply with such
programs and to bear the District's pro rata share of the expense of such compliance. More
specifically, the District authorizes the City and its representatives to enter District property and
Waste Disposal Agreement, Page6
to conduct those tests, including, but not limited to, infiltration/inflow analyses, smoke tests,
and/or other similar analyses as required under the provisions of the Federal Water Pollution
Control Act and the City's Federal Grant Agreements to characterize the condition of the
District's System. The District agrees to pay costs of such analyses of the District's System not
refunded by the state or federal government to the City, within thirty (30) days of receipt of an
invoice for the same. In addition, the District agrees to pay within thirty (30) days of receipt of
an invoice the unrefunded costs of any remedial measures necessary to improve the District's
System in order to comply with state or federal requirements and agrees to see that such remedial
measures are timely taken. Such steps are not exclusive, and the District agrees to take all steps
necessary to assure City's compliance with such programs. Failure of the District to comply
with this section shall constitute an Event of Default.
3.08 Delivery of and Title to Waste. Title to all waste to be treated hereunder
shall remain in a particular party so long as such waste remains on such party's side of the
Interconnection. Upon passing through the Interconnection, title thereto shall pass to the other
party; however, the City shall be under no responsibility to accept those waste materials which
do not conform with the quality or quantity standards as otherwise specified herein including
"Prohibited Waste."
ARTICLE IV
QUANTITY AND CAPACITY
4.01 Maximum Ouantity. In consideration of the compensation stated herein, the City
shall accept and treat waste from the District and the District shall have the privilege of
discharging waste into the City's System, not to exceed either (i) 100,000 gallons per day
average daily flow as long as the three Goose Creek Consolidated Independent School District
facilities located outside the District are served by the District or (ii) 50,000 gallons per day
average daily flow if not. The District understands and agrees that it shall at no time deliver
more than the amount specified in this section. Exceeding the capacity reserved herein shall
constitute an Event of Default.
4.02 Capacity Reserved. Upon the payment of impact fees, the City covenants and
agrees that upon receipt of impact fees as provided for in Section 5.01 of this Agreement, the
City shall endeavor to reserve for the exclusive use and benefit of the District, the capacity in its
Treatment Plant sufficient to treat the quantities set forth in Section 4.01 of this Agreement.
However, the City is in no case to be held to any liability for failure to furnish any specific
capacity in its Plant for the District.
4.03 Service Contracts with Other Entities. Three Goose Creek Consolidated
Independent School District facilities located outside the District are currently connected to the
District's System. The District shall not permit any additional entity or source located outside
the Service Area to connect to the District's System during the term of this Agreement without
the express prior written consent of the City. Failure to comply with this provision shall
constitute an Event of Default.
Waste Disposal Agreement, Pagel
ARTICLE V
PAYMENT AND TERMS
5.01 Impact Fees. Should the District wish to extend the term of the Agreement
beyond the initial six month term, the District shall pay to the City impact fees pursuant to
Chapter 114, Article IV of the Code of Ordinances, Baytown, Texas, before the expiration of
such six-month term. The impact fees may be adjusted from time to time by the City Council and
the District shall be required to pay the rate in effect at the time payment is due.
5.02 Monthly Wastewater Service Charge. The District shall pay to the City in
monthly installments a wastewater service charge (to cover the City's operation and
maintenance) equal to the City's minimum charge and additional charges, if any, applied to the
waste gathered by the District's System, delivered to the City at the point(s) of connection, and
treated by the Plant during the month in question per connection within the District's Service
Area. The charge shall be calculated on the basis of the metered discharge at the point of
connection, and shall be determined and billed in accordance with Section 98-92(a) of the Code
of Ordinances of the City of Baytown, as may hereafter be amended. A copy of the City's
present rate ordinance for sanitary sewer service, as set forth in Chapter 98, Article IV of the
Code of Ordinances of the City of Baytown, in effect as of the date of this Agreement, is
attached as Exhibit `B," and incorporated herein. As of the Effective Date of this Agreement,
the District shall pay $13.75 for the first 2,000 gallons used per connection and $5.63 for each
additional 1,000 gallons used per connection. The usage per user connection shall be calculated
by dividing the total metered discharge at the point of connection with the City by the number of
users in the District as reported by the District to the City.
5.03 Operating Reports. Each month, the District shall provide to the City a
preliminary operating report in a form approved by the City's Director of Finance. Such
preliminary operating reports shall be tendered to the City on or before the 10a' of each month
concerning the prior month's operations. After receipt of each preliminary operating report, the
City will generate an invoice specifying the amount due and owing for the report period. The
District shall present both the preliminary operating report and the corresponding invoice to its
Board of Directors each month on or before the third Thursday of the month for the Board's
review and approval. On or before the Friday after the third Thursday of each month, the
District shall tender to the City a final operating report for the previous month in a form
approved by the City's Director of Finance containing a certification by the presiding officer of
the Board that the information contained in the report is true and correct. Should there be any
difference between the preliminary and final operating reports, which affects the amount due and
owing to the City, the City shall adjust the next month's bill to address such difference.
5.04 Right of Inspection. City shall have the right at any time by actual count or by
an inspection of the District's books, records and accounts to determine the number of sewer
connections served by the District, and the District shall have the right at any time to inspect the
City's books, records and accounts to verify the charges levied by the City. It shall be the duty
of the parties to cooperate fully with each other in any such count, inspection or audit. All
Waste Disposal Agreement, Page8
books, records and accounts shall be open for inspection at all reasonable hours for any
authorized representative of the parties.
5.05 Billing and Payments. Beginning on the date when the City first commences
taking waste from the District through the Plant, the District shall account and certify to the City
the number of connections in use on said first day and thereafter the District shall render to the
City on the first day of each month an accounting of the service charges as provided in Section
5.03. On receipt of the above-described accounting, the Director will bill the District for the
service charges accrued during the preceding month. Payment by the District to the City shall be
made within thirty (30) days following the receipt of the bill.
Any sums payable by the District to the City under this Agreement which are not paid
within thirty (30) days following the receipt of the bill shall bear interest in accordance with
Section 2251.025, Texas Government Code. If the District defaults on the payment of any bill,
and the amount so past due and unpaid, including interest thereon, is collected by the City by
suit, there shall be reasonable attorneys' fees added thereto for collection thereof by suit. Failure
to pay charges when due shall constitute an Event of Default. Notwithstanding any of the above,
in the event the District fails to tender payment of any amount when due and such failure
continues for thirty (30) days after notice in writing to the District of such default, the City may
suspend delivery of services offered hereunder, but the exercise of such right shall be in addition
to any other remedy available to the City.
5.06 Modifications. Although the City believes that the present charges for such
services as set forth herein are fair and reasonable; nonetheless, the parties realize that, the City
may increase the charges for such services, whether by amendment of the rate schedule for like
services outside the City limits upon which the service charges levied hereunder are based, or by
other means.
5.07 Operating Expense and Covenants as to Rates. The sums to be paid the City by
the District under the terms of this Agreement are declared by the District to be an essential cost
of operating and maintaining the District's System as a part of the District's System and such
costs shall be first charged upon the gross revenues received from the District's System as a part
of the District's combined waterworks, sanitary sewer and drainage system, and such costs shall
be a first charge upon the gross revenues received from the District's operation of said combined
system. The District agrees to establish and maintain rates sufficient to pay all costs and
expenses of operation and maintenance of the District's System.
5.08 Events of Default. An Event of Default, as stated from time to time herein, shall
constitute a material breach of this Agreement for which the City may, and the District explicitly
recognizes the City's right to, terminate service under this Agreement and to seek all remedies at
law or in equity necessary to enforce the provision(s) violated; provided however, that this
Agreement shall not be terminated prior to the City giving ten (10) days' written notice to the
District of the Event of Default complained of and a reasonable opportunity for the District to
cure said default, or, if not curable in that time as determined at the sole discretion of the City, to
within ten (10) days' commence substantial curative efforts and faithfully prosecute the same.
Waste Disoosal Agreement, Page9
Termination of service pursuant to this section shall not limit either party to any other remedy at
law or in equity.
ARTICLE VI
NUSCELLANEOUS PROVISIONS
6.01 Force Majeure. In the event any party is rendered unable, wholly or in part,
by force majeure to carry out any of its obligations under this Agreement, it is agreed that on
such party giving notice and full particulars of such force majeure in writing or by telegraph to
the other party as soon as possible after the occurrence of the cause relied upon, then the
obligations of the party giving such notice, to the extent it is affected by force majeure and to the
extent that due diligence is being used to resume performance at the earliest practicable time,
shall be suspended during the continuance of any inability but for no longer period. Such cause
shall as far as possible be remedied with all reasonable dispatch.
The term "force majeure" as used herein, shall include, but not be limited to acts of God,
strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people,
explosions, breakage or damage to machines or pipelines and any other inability of either party,
whether similar to those enumerated or otherwise and not within the control of the parties
claiming such inability, which by the exercise of due diligence and care such party could not
have avoided.
It is understood and agreed that the settlement of strikes or lockouts shall be entirely
within the discretion of the party having the difficulties, and the above -referenced requirement
that any force majeure be remedied with all reasonable dispatch shall not require the settlement
of strikes or lockouts by acceding to demands of the opposing party when such course is
inadvisable in the discretion of the party having the difficulty.
6.02 Approval. Whenever this Agreement requires or permits approval or consent
to be hereinafter given by any party, such approval or consent shall not be unreasonably
withheld, and, if finally given, shall be effective without regard to whether such approval or
consent is given before or after the time required herein. Such approval or consent on behalf of a
party shall be evidenced by an ordinance or resolution adopted by the governing body of the
party, or by an appropriate certificate executed by a person, firm or entity previously authorized
to determine and give such approval or consent on behalf of the party pursuant to an ordinance or
resolution adopted by the governing body, unless stated otherwise herein.
6.03 Address and Notice. Unless otherwise provided in this Agreement, any notice,
communication, request, reply or advice (herein severally and collectively for convenience,
called `Notice") herein provided or permitted to be given, made or accepted by any party to the
other must be in writing and may be given or served by depositing the same in the United States
mail, postpaid and registered or certified and addressed to the party to be notified, with return
receipt requested, or by delivering the same to an officer of such party, or by prepaid telegram,
when appropriate, addressed to the party to be notified. Notice deposited in the mail in the
Waste Disposal Agreement, Pagel0
manner hereinabove described shall be conclusively deemed to be effective, unless otherwise
stated in this Agreement, from and after the expiration of three (3) days after it is so deposited.
Notice given in any other manner shall be effective only if and when received by the
party to be notified. However, in the event of service interruption or hazardous conditions,
neither party will delay remedial action pending the receipt of formal notice. For the purpose of
notice, the address of the parties shall, until changed as hereinafter provided, be as follows:
If to the City, to
City Manager
City of Baytown
P.O. Box 424
Baytown, TX 77522-0424
Fax: (281) 420-6586
If to the District, to
Cedar Bayou Park Utility District
c/o Utilities Investment Company, Inc.
P.O. Box 279
New Waverly, TX 77358-0279
Fax: 281-428-2962
The parties shall have the right from time to time and at any time to change their
respective addresses and each shall have the right to specify as its address any other address,
provided at least fifteen (15) days' written notice is given of such new address to the other
parties.
6.04 Assignability. This Agreement shall bind and benefit the respective parties and
their legal successors and shall not be assignable in whole or in part by any party without first
obtaining written consent of the other party.
6.05 Regulatory Agencies. This Agreement shall be subject to all present and future
valid laws, orders, rules and regulations of the United States of America, the State of Texas, and
of any regulatory body having jurisdiction.
6.06 No Additional Waiver Implied. The failure of any party hereto to insist, in
any one or more instances, upon performance of any of the terms, covenants or conditions of this
Agreement, shall not be construed as a waiver or relinquishment of the future performance of
any such terms, covenants or conditions by any other party hereto, but the obligation of such
other party with respect to such future performance shall continue in full force and effect.
6.07 Modification. Except as otherwise provided herein, this Agreement shall be
subject to change or modification only with the mutual written consent of the parties hereto.
Waste Disposal Agreement, Pagel l
6.08 Parties in Interest. This Agreement shall be for the sole and exclusive benefit
of the parties hereto and shall not be construed to confer any rights upon any third party. The
City shall never be subject to any liability in damages to any customer of the District for any
failure to perform its obligations under this Agreement.
6.09 Cautions. The captions appearing at the first of each numbered section in this
Agreement are inserted and included solely for convenience and shall never be considered or
given any effect in construing this Agreement or any provision hereof, or in connection with the
duties, obligations or liabilities of the respective parties hereto or in ascertaining intent, if any
question of intent should arise.
6.10 Severability. The provisions of this Agreement are severable, and if any
provision or part of this Agreement or its application thereto to any person or circumstance shall
ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any
reason, the remainder of this Agreement and the application of such provisions or part of this
Agreement to other persons or circumstances shall not be affected thereby.
6.11 Merger. This Agreement embodies the entire understanding and agreement
between the parties as to the waste disposal services, and there are no prior effective
representations, warranties or agreements between the parties.
6.12 Construction of Agreement. The parties agree that this Agreement shall not be
construed in favor of or against any party on the basis that the party did or did not author this
Agreement.
6.13 Term. This Agreement shall be in force and effect from September 6, 2017, the
date the District tied on to the City's system (the "Effective Date") and continuing thereafter for
six (6) months. However, should the District desire to extend this Agreement, it may do so by
paying impact fees as referenced in Section 5.01, which will extend the Agreement for an
additional 24 years and six months from the Effective Date. Thereafter, this Agreement shall be
automatically extended for additional five (5) year terms, unless either party gives written notice
of termination one (1) year prior to the date of any such automatic extension. However, both
parties expressly understand and agree that should any portion of the property involved in this
Agreement become annexed by the City of Baytown, this Agreement may terminate with respect
to such area at the sole option of the City.
6.14 Agreement Read. The parties acknowledge that they have read, understand and
intend to be bound by the terms and conditions of this Agreement.
6.15 Multiple Originals. It is understood and agreed that this Agreement may be
executed in a number of identical counterparts each of which shall be deemed an original for all
purposes.
Waste Disposal Agreement, Page12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this
day of 12017.
DISTRICT
(Signature) (Date)
By:
(Printed Name)
(Title)
Cedar Bayou Park Utility District
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
Waste Disposal Aereement, Page13
CITY
RICHARD L. DAVIS (Date)
City Manager
City of Baytown, Texas
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
.COBFSO1\Legal\Karen\Files+Contracts .Water & Wastewater Agreement -Cedar Bayou Park Utility District•WasteDisposalAgreement11142017City.docx
Waste Disposal Agreement, Page14
Exhibit "A"
ARTICLE V. - INDUSTRIAL WASTE
DIVISION 1. - GENERALLY
Sec. 98-126. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq.
Approval authority or administrator means the EPA region VI administrator or the director of a
National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state
pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c).
Authorized representative of the industrial user means that the reports required by this section shall
include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation.
For the purpose of this subsection, a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any person with similar policy- or decision-making responsibilities for
the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, in second-quarter 1980 dollars, if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in subsection (1) or (2) of this
definition if:
a. The authorization is made in writing by the individual described in subsection (1) or (2) of
this definition;
b. The authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or wellfield superintendent, or a position of
equivalent responsibility for environmental matters for the company; and
c. The written authorization is submitted to the director.
(4) If an authorization under subsection (3) of this definition 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, a new authorization satisfying the
requirements of subsection (3) of this definition must be submitted to the city prior to or
contemporaneously with any reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/I,
utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at
a temperature of 20 degrees Celsius.
Blowdown means the minimum discharge of recirculating water for the purpose of discharging
materials contained in the water, the further buildup of which would cause concentration in amounts
exceeding limits established by best engineering practices.
Page 1
Building sewer means the extension from the building drain to the public sewer or other place of
disposal, also called house lateral and house connection.
Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic
and organic matter present in the water or wastewater expressed in mg/1 as the amount of oxygen
consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with biochemical oxygen demand.
City or individuals representing the city means the City of Baytown, Texas, or any authorized person
acting in its behalf.
Composite sample means a sampling method that combines discrete aliquots of a sample collected
over time, based on the flow of the wastestream being sampled. There are two methods used to collect
this type of sample. One method collects a constant sample volume at time intervals which may vary
based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged).
The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.
Contact cooling water means water used for cooling which comes into contact with raw material,
intermediate product, waste product or finished product.
Control authority refers to the POTW of the city.
Control manhole means a manhole giving access to a building sewer at some point before the
building sewer discharge mixes with other discharges in the public sewer.
Director means the director of the city public works/utilities department, or his authorized deputy,
agent or representative.
Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and
dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Environmental protection agency or EPA means the United States Environmental Protection Agency.
Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any
nondomestic source regulated under section 307(b), (c) or (d) of the act.
Industrial user (IU) or user means a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing, trade or
business from the development of any natural resource, disposal garbage or any mixture of the waste
with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge or user charge or surcharge means the charge made on those persons who
discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer
system to recover excessive costs for treatment by the city.
Interference means a discharge which, alone or in conjunction with a discharge or discharges from
other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW's
TPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of
sewage sludge use or disposal in compliance with the following statutory provisions and regulations or
permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
Maximum allowable discharge limit means the highest allowable discharge.
Milligrams per liter (mgA) means the same as parts per million and is a weight -to -volume ratio; the
milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of
water.
Page 2
National pretreatment standard, pretreatment standards or standards means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c)
of the act, which applies to industrial users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or
groundwater.
New source means any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under section 307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided that (i) the building,
structure, facility or installation is constructed at a site at which no other source is located; (ii) the building,
structure, facility or installation totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of
the building, structure, facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source should be considered. Construction
on a site at which an existing source is located results in a modification rather than a new source if the
construction does not create a new building, structure, facility or installation meeting the criteria of
subsections (i) through (iii) of this definition but otherwise alters, replaces or adds to existing process or
production equipment. Construction of a new source has commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on-site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. Significant site preparation work, including clearing, excavation or removal of existing
buildings, structures or facilities which is necessary for the placement, assembly or
installation of new source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering and design studies do not constitute a contractual obligation under this
subsection.
Noncontact cooling water means water used for cooling which does not come into contact with any
raw material, intermediate product, waste product or finished product.
Nondomestic user means any person who discharges, causes or permits the discharge of
wastewater from any facility other than a residential unit.
Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a
person into sanitary sewers and in which the average concentration of total suspended solids is not more
than 250 mg/I and BOD is not more than 250 mg/I.
Operator means the person responsible for the overall operation of a facility.
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its
engineered design capacity.
Owner means the person who owns a facility or part of a facility.
Pass through means a discharge which exits the POTW into waters of the United States, or any
state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an
increase, in the magnitude or duration of a violation.
Person or any individual means and includes corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
Page 3
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water. It does not mean sewage from vessels; or water, gas or other material which is injected into a
well to facilitate production of oil or gas, or water derived in association with oil and gas production and
disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by
authority of the state in which the well is located and if the state determines that the injection or disposal
will not result in the degradation of groundwater or surface water resources.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical,
chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR
403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or
facilities, for protection against surges or slug loadings that might interfere with or otherwise be
incompatible with the POTW. However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Process wastewater means any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct or waste product.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of
abutting properties shall have the use, subject to control by the city.
Publicly -owned treatment works (POTIM or wastewater treatment plant means a treatment works as
defined by section 212 of the act, which is owned by a state or municipality, as defined by section 502(4)
of the act. This definition includes any devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the
municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a
combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes
are not intentionally passed.
Significant industrial user means:
(1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR
chapter I, subchapter N; and
(2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to
adversely affect the POTW's operation, or that contribute a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant, or that discharge an average of 25,000 gallons per day or more of process
wastewater to the POTW. However, the director need not designate as significant any
noncategorical industrial user that, in the opinion of the director and with the agreement of the
administrator, has no potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement. Any noncategorical industrial user designated as
significant may petition the director to be deleted from the list of significant industrial users on
the grounds that it has no potential for adversely affecting the POTW's operation or violating
any pretreatment standard or requirement.
Page 4
Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to,
an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in
concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer
than 15 minutes more than five times the average 24-hour concentration or flows during normal
operation.
Standard industrial classification (SIC) code means a classification pursuant to the Standard
Industrial Classification Manual currently issued by the Executive Office of the President, Office of
Management and Budget. The SIC defines industries in accordance with the composition and structure of
the economy and covers the entire field of economic activities.
Storm sewer means a public sewer that carries stormwater and surface water and drainage and into
which domestic wastewater or industrial waste is not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Strong acid means any substance with a pH less than 6.0.
Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on
the surface of or are in suspension in water, wastewater or other liquids and which are largely removable
by a laboratory filtration device.
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release
or dispose of, or to allow, permit or suffer any of these acts or omissions.
Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in
regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances.
Unpolluted wastewater means water containing:
(1) No free or emulsified grease or oil;
(2) No acids or alkalis;
(3) No phenols or other substances producing taste or odor in receiving water;
(4) No toxic or poisonous substances in suspension, colloidal state or solution;
(5) No noxious or otherwise obnoxious or odorous gases;
(6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as
determined by the state natural resource conservation commission; and
(7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as
specified in 40 CFR 136.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting
from domestic, agricultural or industrial activities.
Wastewater means a combination of the water -carried waste from residences, business buildings,
institutions and industrial establishments, together with any groundwater, surface water and stormwater
that may be present.
Wastewater facilities includes all facilities for collection, pumping, treating and disposing of
wastewater and industrial wastes.
Watercourse means a natural or manmade channel in which a flow of water occurs, either
continuously or intermittently.
(Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord.
No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06)
Page 5
Cross reference— Definitions generally, § 1-2.
Sec. 98-127. - Abbreviations.
As used in this article, the following abbreviations shall have the following meanings.
BOD means five-day biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means U.S. Environmental Protection Agency.
mgA means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O&M means operation and maintenance.
POTW means publicly -owned treatment works.
SIC means standard industrial classifications.
TCEQ means Texas Commission on Environmental Quality
TPDES means Texas Pollutant Discharge Elimination System.
TSS means total suspended nonfilterable solids.
USC means United States Code.
(Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 3, 5-11-06)
Sec. 98-128. - Purpose.
This article sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the city and enables the city to comply with all applicable state and
federal laws required by the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment
Regulations (40 CFR 403).
(Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-129. - Objectives.
(a) The objectives of this article are to:
(1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere
with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into receiving waters or the atmosphere or otherwise
be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4) Provide for equitable distribution of the cost of the municipal wastewater system;
(5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with
all local, state and federal statutes and regulations;
Page 6
(6) Protect the health and welfare of the general public and all the POTW personnel;
(7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements
and any other applicable federal or state law; and
(8) Prevent property damage.
(b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater
system through the issuance of permits to certain nondomestic users and through enforcement of
general requirements for the other users, authorizes monitoring and enforcement activities, requires
user reporting, assumes that existing customer's capacity will not be preempted and provides for the
setting of fees for the equitable distribution of costs resulting from the program established in this
article.
(Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 4, 5-11-06)
Sec. 98-130. -Jurisdiction and enforcement.
(a) This article shall apply to the city and to persons and entities outside the city who are, by contract or
agreement with the city, users of the city POTW.
(b) Except as otherwise provided in this article, the director shall administer, implement and enforce the
provisions of this article.
(c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as
established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all
users of the water and sewer system of the city, regardless of location.
(Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-131. - Applicability.
This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly
into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located
outside the city limits to continue discharges to the POTW except as provided in this article.
(Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-132. - Compliance.
(a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all
persons discharging:
(1)
Wastewater;
(2)
Industrial waste; and/or
(3)
Polluted liquids.
(b) Unless authorized by the state natural resource conservation commission, no person may deposit
or discharge any waste included in subsection (a) of this section on public or private property into or
adjacent to any:
(1) Natural outlet;
(2) Watercourse;
(3) Storm sewer; or
Page 7
(4) Other area within the jurisdiction of the city.
(c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state
and local governments.
(Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-133. - City requirements.
(a) If discharges or proposed discharges to public sewers may (i) cause damages to collection facilities;
(ii) impair the processes; (iii) incur treatment cost exceeding those of normal sewage; (iv) render the
water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a
public nuisance; the approving authority shall require the following:
(1) Pretreatment to an acceptable condition for discharge to the public sewers;
(2) Control of the quantities and rates of discharge of such waste; and
(3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to
treatment by normal sewage plant facilities operated by the city.
(b) The city is entitled to determine whether a discharge or proposed discharge is included under
subsection (a) of this section.
(c) The city shall reject wastes when:
(1) It determines that a discharge or proposed discharge is included under subsection (a) of this
section; and
(2) The discharger does not meet the requirements of subsection (a) of this section.
(Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-134. - City review and approval.
(a) If pretreatment or control is required under this article, the city shall review and approve design and
installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable statutes,
codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall
provide and maintain the facilities in effective operating condition at his own expense.
(Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-135. -Traps.
(a) Under this article, discharges requiring a trap should include grease or waste containing grease in
excessive amounts, oil, sand, flammable waste and other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by
the city, provide plans and specifications for equipment and facilities of a design type and design
capacity approved by the city engineer and by the director. The person shall locate the trap in a
manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective
operating condition. The trap shall be inspected by the city's inspection department during
construction and upon completion. A final inspection shall be made by all interested parties, including
the city engineer, director and chief building official, before any service connections are made.
Page 8
(Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-136. - Building sewers.
(a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at
his own expense and as required by the city:
(1) Install an accessible and safely located control manhole or inspection chamber;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of
the waste; and
(3) Maintain the equipment and facilities.
(b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent
infiltration by groundwater and surface water or introduction of slugs or solids by the installation of
screens with maximum openings of one inch, but of sufficient fineness to prevent the entrance of
objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person
discharging wastes so that any authorized representative or employee of the city may readily and
safely measure the volume and obtain samples of the flow at all times. Plans for the construction of
control manholes or inspection chambers, including such flow measuring devices as may be required
by this article, shall be approved by the director prior to the beginning of construction.
(Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-137. - Hauled wastewater procedures.
(a) As used in this section, "industrial waste" shall include septic tank waste.
(b) Industrial waste may be introduced into the POTW only at locations designated by the director and
at such times as are established by the director. Such waste shall not violate division 5 of this article
or any other requirements established by the city.
(c) Industrial waste haulers may discharge loads only at locations designated by the director. No load
may be discharged without prior consent of the director. The director may collect samples of each
hauled load to ensure compliance with applicable standards. The director may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
(d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include
at a minimum the name and address of the person generating the industrial waste and the volume
and characteristics of the waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-138. - Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is part of the sewer works. Any
person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set
out in division 2 of this article.
(Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-139. - Confidential information, access to data.
Page 9
Information and data provided to the city pursuant to this article that is effluent data shall be available
to the public without restriction. Any other information submitted may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the
application form or instructions or, for other submissions, by stamping the works "confidential business
information" on each page containing such information. If no claim is made at the time of submission, the
city may make the information available to the public without further notice. If a claim is asserted, the city
will submit the information to the state attorney general and the submitter will be required to assert why
the information should not be public. Unless the state attorney general's public information opinion is
timely appealed, the city and the submitter shall be bound by such opinion.
(Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-140-98-165. - Reserved.
DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
Subdivision I. - In General
Sec. 98-166. - Publication of industrial users in significant noncompliance.
As required by the public participation requirements of 40 CFR Part 25, on July 31 of each year the
director shall cause to be published in the largest daily newspaper published in the city a list of all
industrial users which at any time during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. For the purpose of this section, an industrial user is
in significant noncompliance if its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more
of all of the measurements taken during a six-month period exceed by any magnitude the daily
maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of
all the measurements for each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC:1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that
the director determines has caused interference or pass through, including endangering the
health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health or
welfare or to the environment or has resulted in the POTW's exercise of its emergency authority
under section 98-198 to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing construction or attaining
final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90 -day compliance reports, periodic self-monitoring reports and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations the director determines will adversely affect the
operation or implementation of the local pretreatment program.
Page 10
(Code 1967, § 34-62; Ord. No. 6191, § 12,3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 5, 5-11-06)
Sec. 98-167. - Act of God defense
(a) The act of God defense constitutes statutory affirmative defense (V.T.C.A., Water Code § 7.251) in
an action brought in municipal or state court. If a person can establish that an event that would
otherwise be a violation of a pretreatment ordinance or a permit issued under the ordinance was
caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of
the ordinance or permit.
(b) An industrial user who wishes to establish the act of God affirmative defense shall demonstrate,
through relevant evidence that:
(1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued
under the ordinance occurred and the sole cause of the event was an act of God, war, strike,
riot or other catastrophe; and
(2) The industrial user has submitted the following information to the POTW and the city within 24
hours of becoming aware of the event that would otherwise be a violation of a pretreatment
ordinance or a permit issued under the ordinance (if this information is provided orally, a written
submission must be provided within five days):
a. A description of the event, and the nature and cause of the event;
b. The time period of the event, including exact dates and times or, if still continuing, the
anticipated time the event is expected to continue; and
c. Steps being taken or planned to reduce, eliminate and prevent recurrence of the event.
(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the act of
God affirmative defense shall have the burden of proving by a preponderance of the evidence that
an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under
the ordinance was caused solely by an act of God, war, strike, riot or other catastrophe.
(Ord. No. 10,322, § 6, 5-11-06)
Editor's note— Ord. No. 10,322, § 6, adopted May 11, 2006, repealed the former § 98-167, and
enacted a new § 98-167 as set out herein. The former provisions pertained to affirmative
defenses to upsets and derived from Code 1967, § 34-65(a); Ord. No. 6191, § 15, adopted March
26, 1992; Ord. No. 8118, § 1, adopted Oct. 23, 1997.
Sec. 98-168. - Affirmative defenses to bypass.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning.
Bypass means the intentional diversion of wastestreams from any portion of an industrial user's
treatment facility.
Severe property damage means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in production.
(b) Bypass not violating applicable pretreatment standards or requirements. An industrial user may
allow any bypass to occur which does not cause pretreatment standards or requirements to be
Page 11
violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses
are not subject to the provisions of subsections (c) and (d) of this section.
(c) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to
the director, if possible at least ten days before the date of the bypass. If ten days' notice is not
possible, the industrial user shall submit notice as soon as possible.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to the director within 24 hours from the time the industrial user becomes
aware of the bypass. A written submission shall also be provided within five days of the time the
industrial user becomes aware of the need for the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass, including exact dates and
times, and, if the bypass has not been corrected, the anticipated time it is expected to continue;
steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The
director may at his discretion waive the written report on a case-by-case basis if the oral report
has been received within 24 hours.
(d) Prohibition of bypass.
(1) Bypass is prohibited, and the director may take enforcement action against an industrial user
for a bypass, unless:
a. The bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment should have been
installed in the exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and
c. The industrial user submitted notices as required under this section.
(2) The director may approve an anticipated bypass, after considering its adverse effects, if the
director determines that it will meet the three conditions listed in subsection (d)(1) of this section
and the industrial user complies with the notice requirements of subsection (c) of this section.
(e) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the
occurrence of a nonprohibited bypass shall have the burden of proving the occurrence to a
preponderance of the evidence.
(Code 1967, § 34-65(b); Ord. No. 6191, § 15, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-169-98-190. - Reserved.
Subdivision II. - Administrative Enforcement Remedies
Sec. 98-191. - Notification of violation.
Whenever the director finds that any user has violated or is violating this article, a permit or any
prohibition, limitation or requirements contained herein, the director may serve upon such person a
written notice stating the nature of the violation. Within 30 days of the date of notice, a plan for the
satisfactory correction thereof shall be submitted to the director by the user.
(Code 1967, § 34-63(a); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 12
Sec. 98-192. - Consent orders.
The director is empowered to enter in consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with the industrial user responsible for the noncompliance
with this article or any permit. Such orders will include specific action to be taken by the industrial user to
correct the noncompliance within a time period also specified by the order. Consent orders shall have the
same force and effect as administrative orders issued pursuant to sections 98-194 and 98-195.
(Code 1967, § 34-63(b); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-193. - Show cause hearing.
(a) Whenever the director has proposed to take any enforcement action against any user pursuant to
the provisions of this article, other than an emergency suspension or a cease and desist order, or
termination of a discharge, the director shall first provide notice in the form and manner described in
subsection (b) of this section to the user and afford the user an opportunity for a hearing in the form
and manner described in this section before the enforcement action is taken. If, after the director has
complied with the notice requirements as described in subsection (b) of this section, the user does
not request a hearing for review of the enforcement action within the specified time, the director may
take the enforcement action on the day specified in the notice to the user, or at any time thereafter.
(b) Notice must be sent to the user at least eight days prior to the proposed date of the proposed
enforcement action, if notice is sent by mail, or at least five days prior to the proposed enforcement
action, if notice is delivered by the director. The notice may be sent by certified mail, return receipt
requested or hand delivered to the user by a person designated by the director to deliver such
notices. The notice must be written and clearly communicate the following information:
(1) The name of the user against whom the enforcement action is proposed to betaken;
(2) The address of the user against whom the enforcement action is proposed to be taken;
(3) The reason for the proposed enforcement action including the date and general nature of the
alleged violation of this article;
(4) The nature of the proposed action, and the date and time that the proposed enforcement action
will take place, including the amount of the fine which could be imposed;
(5) The user has the right to appear and be heard at a hearing to show cause why the proposed
enforcement action should not be taken;
(6) The means by which the user may arrange for such a hearing; and
(7) The date by which the user must request and set the hearing in order to receive it, which
deadline may be no earlier than one day prior to the date of the proposed enforcement action,
nor may that deadline ever be sooner than five days from the date of sending of the notice, the
five days not including weekdays on which city offices are closed for holidays.
(c) After the deadline for requesting a hearing as described in subsection (b) of this section has passed,
a user may still request a hearing to review the proposed enforcement action within ten days of the
aforementioned deadline, upon presentation to the city manager of an affidavit declaring that the
user, through no fault of that user, did not receive notice of the proposed enforcement action in time
to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager
shall as soon as practicable make a determination of whether the appeal appears to be meritorious,
and if the city manager determines that it is meritorious, the city manager shall order that the
proposed enforcement action be postponed pending the appeal.
(d) If any user requests a hearing to review the decision to take an enforcement action against that
user, the hearing shall be presided over by the city manager or any fair and neutral person he may
appoint, which person must be of managerial employment and not involved in the original decision to
take the proposed enforcement action, in this context known as the hearing officer. The hearing shall
Page 13
be held no sooner than the next business day nor later than 15 business days after being requested
by the user. The hearing officer may, in his discretion, delay or advance the hearing time upon
showing of good cause by the user. At the hearing, the user shall be given the opportunity to be
heard in person to present the user's case, to present testimony from other persons, and to admit
documents. The user may be represented by counsel, though the city shall not provide counsel to
the user. The user shall be given the opportunity to confront and cross-examine any witnesses
appearing against him at the hearing. The user may request that a representative of the utilities
department be present at the hearing and be subject to questioning. However, the rules of evidence
or procedure for civil or criminal trials need not be enforced. The city's reasons for the proposed
enforcement action shall be stated at the hearing. Upon reaching a final decision, the hearing officer
shall state his reasons for reaching that decision and state the evidence on which the hearing officer
relied in reaching those conclusions. If the hearing officer finds in favor of the user, the proposed
enforcement action shall not take place. The hearing officer shall have the power to grant
extensions, modify orders and fashion other reliefs as would be equitable and consistent with
applicable regulations and laws promulgated by the United States, the state or any administrative
agency thereof.
(e) At any hearing held pursuant to this article, testimony taken must be under oath and recorded. A
transcript of the hearing will be made available to any member of the public or any party to the
hearing upon payment of the usual charges for such transcription.
(Code 1967, § 34-63(c); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-194. - Compliance order.
When the director finds that an industrial user has violated or continues to violate this article or a
permit or order issued under this article, but where the violation does not involve a pass through or
interference that could cause the city to be in violation of federal or state environmental regulations, he
may issue, within a 30 -day period of such finding, an order to the industrial user responsible for the
discharge directing that, following a specified time period, sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances have been installed and are
properly operated. Orders may also contain such other requirements as might be reasonably necessary
and appropriate to address the noncompliance, including the installation of pretreatment technology,
additional self-monitoring and management practices.
(Code 1967, § 34-63(d); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-195. - Cease and desist orders.
When the director finds that an industrial user has violated or continues to violate this article or any
permit or order issued under this article, the director may issue an order to cease and desist all such
violations and direct those persons in noncompliance to:
(1) Comply forthwith; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and terminating the discharge.
(Code 1967, § 34-63(e); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-196. - Administrative fines.
Notwithstanding any other section of this article, any user who is found to have violated any provision
of this article or any permits and orders issued under this article shall be fined in an amount not to exceed
$2,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a
Page 14
separate and distinct violation. The amount of such fine may be added to the user's next scheduled sewer
service charge and the director shall take such other collection remedies as he has to collect other
service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's
property. Industrial users desiring to dispute such fines must file a request for the director to reconsider
the fine in accordance with section 98-193.
(Code 1967, § 34-63(f); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-197. - Emergency suspensions.
(a) The director may suspend the wastewater treatment service and permit of an industrial user
whenever such suspension is necessary in order to stop an actual or threatened discharge
presenting or causing an imminent or substantial endangerment to the health or welfare of persons,
the POTW or the environment.
(b) Any user notified of a suspension of the wastewater treatment service or the permit shall
immediately stop or eliminate its contribution. If a user fails to immediately comply voluntarily with the
suspension order, the director shall take such steps as he deems necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving
stream or endangerment to any individuals. The director shall allow the user to recommence its
discharge when the endangerment has passed, unless the termination proceedings set forth in
section 98-198 are initiated against the user.
(c) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit
to the director a detailed written statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence prior to the date of the hearing described in section
98-193, or within the time period allowed for requesting such a hearing if no hearing is requested.
(Code 1967, § 34-63(g); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-198. - Termination of discharge.
The director shall have authority, after informal notice to the discharger, to immediately and
effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present
an imminent endangerment to the health or welfare of persons. The director shall also have authority,
which shall include notice to the affected industrial users and an opportunity to respond, to halt or prevent
any discharge to the POTW which presents or may present an endangerment to the environment or
which threatens to interfere with the operation of the POTW. The director shall have authority to seek
judicial relief and may also use administrative penalty authority when the director has sought a monetary
penalty which the director believes to be insufficient.
(Code 1967, § 34-63(h); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-199. - Post enforcement hearing.
Under this article, whenever the director has ordered an emergency suspension, ordered an
enforcement action which, for reasons of imminent public danger must be complied with immediately,
such as issuing a cease and desist order, or a termination of discharge, the user shall, upon compliance
with such order, be afforded notice of an opportunity to request a hearing in the form and manner
specified in section 98-193. The notice referred to therein shall be mailed to the user against whom the
enforcement action is taken within three days after the user has complied with the enforcement action.
The notice shall be in the same form and of the same contents as the notice prescribed in section 98-
193(b), except that the deadline by which the user must request and set the hearing in order to receive it
Page 15
may be no earlier than five days after the mailing of the notice nor later than 15 days after the mailing of
the notice.
(Code 1967, § 34-63(i); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-200-98-220. - Reserved.
Subdivision III. -Judicial Enforcement Remedies
Sec. 98-221. - Injunctive relief.
Whenever an industrial user has violated or continues to violate the provisions of this article or any
permit or order issued under this article, the director, through counsel, may petition any court of
competent jurisdiction for the issuance of a preliminary or permanent injunction, or both, as may be
appropriate, which restrains or compels the activities on the part of the industrial user, and such other
actions as appropriate for legal and/or equitable relief may also be sought by the city.
(Code 1967, § 34-64(a); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-222. - Civil penalties.
For any user who is found to have violated an order of the director or who intentionally, recklessly or
negligently fails to comply with any section of this article, and the orders, rules, regulations and permits
issued under this article, a civil penalty shall be assessed of not more than $2,000.00 for each offense.
Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
The city is specifically authorized to recover all consequential damages available at law or in equity
resulting directly or indirectly from an unauthorized discharge to the POTW, including upsets or bypasses.
Such damages shall include, but not be limited to, any fines or penalties assessed against the city by any
state or federal agency or commission as a result of such discharge. In addition to the penalties and
damages provided herein, the director may recover reasonable attorney's fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have
violated this article or the orders, rules, regulations and permits issued under this article. Additional
recoveries and relief in law or equity under existing federal or state law are not precluded by specific
recoveries obtained by the city under this subdivision.
(Code 1967, § 34-64(b); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-223. - Criminal prosecution.
(a) Violations generally. Any industrial user who intentionally, recklessly or negligently violates any
provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of
a misdemeanor affecting fire, safety, public health or sanitation, punishable by a fine not to exceed
$2,000.00 per violation. Each day on which a violation shall occur or continue shall be deemed a
separate and distinct offense.
(b) Falsifying information. Any industrial user who knowingly makes any false statements,
representations or certifications in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article or any permit, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required under this article shall, upon
conviction, be guilty of a misdemeanor affecting fire, safety, public health or sanitation and shall be
Page 16
punished by a fine of not more than $2,000.00 per violation. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct offense.
(c) Federal or state penalties. Nothing in this subdivision shall be construed to limit the liability of any
violator to penalties or fines imposed by agencies of the United States or this state.
(Code 1967, § 34-64(c); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-224-98-250. - Reserved.
DIVISION 3. - PERMITS
Sec. 98-251. - General permit requirements.
(a) Notice from nondomestic users. Under this article, every nondomestic user must notify the director
of the nature and characteristics of its wastewater prior to commencing the discharge. The director is
authorized to prepare a form for this purpose.
(b) Control of contributions to POTW. The POTW shall have legal authority to control through permit,
order or similar means, the contribution to the POTW by each industrial user to ensure compliance
with applicable pretreatment standards and requirements. For significant industrial users under 40
CFR 403.3(t), this control shall be achieved through permits or equivalent individual control
mechanisms issued to each such user.
(c) Wastewater survey. Every industrial user shall complete a wastewater discharge permit
application/survey approved by the director within 30 days of written instruction to do so by a city
official.
(d) Permit required, effect of permit. It shall be unlawful for any categorical or significant industrial users
to discharge wastewater, either directly or indirectly, into the city's sanitary sewer system without first
obtaining an industrial user pretreatment permit from the director. Any violation of the terms and
conditions of a permit shall be deemed a violation of this article. Obtaining a permit does not relieve
a permittee of its obligation to obtain other permits required by federal, state or local law.
(e) Denial or conditions of new or increased contributions. The POTW shall have legal authority to deny
or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to
the POTW by industrial users where such conditions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(f) Additional users requiring permit. The director may require that other industrial users, including liquid
waste haulers, obtain wastewater discharge permits as necessary to carry out the purposes of this
article.
(g) Users outside city limits. Any industrial user located beyond the city limits, including, but not limited
to, extrajurisdictional industrial users, shall submit a permit application in accordance with this article
within 30 days of the effective date of the ordinance from which this article derives. Any new
industrial user located beyond city limits shall submit such applications to the director 60 days prior
to discharging into the sanitary sewer. Upon review and approval of such application, the director
may enter into a contract with the user which requires the user to subject itself to, and abide by, this
article, including all permitting, compliance monitoring, reporting and enforcement sections of this
article.
(h) Existing connections. Any significant industrial user which discharges nondomestic waste into the
sanitary sewer system prior to the effective date of the ordinance from which this article derives and
who wishes to continue such discharges in the future, shall within 90 days after such effective date,
apply to the director for a wastewater discharge permit and shall not cause or allow discharges to the
Page 17
POTW to continue after 180 days from and after the effective date of the ordinance from which this
article derives, except in accordance with a permit issued by the director.
(i) New connections. Any significant industrial user proposing to begin or recommence discharging
nondomestic wastes into the sanitary sewer system must obtain a pretreatment permit prior to
beginning or recommencing such discharge. An application for this permit must be filed at least 90
days prior to the anticipated startup date.
Q) Certification statement. All permit applications must contain the following certification statement and
shall be signed in accordance with subsection (k)(1), (2), (3) or (4) of this section:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person who
manages the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations."
(k) Signatures on certification statement. The certification statement required in subsection 0) of this
section shall be signed by the following:
(1) A responsible corporate officer, if the industrial user submitting the reports is a corporation. For
the purpose of this subsection a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any other person with similar policy- or decision-making
responsibilities for the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, in second quarter 1980 dollars, if authority to sign documents has been
assigned or delegated;
(2) A general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship, respectively;
(3) The principal executive officer or director having responsibility for the overall operation of the
discharging facility if the industrial user submitting the reports is a federal, state or local
governmental entity, or its agents;
(4) A duly authorized representative of the individual designated in subsection (k)(1), (2) or (3) of
this section if:
a. The authorization is made in writing by the individual described in subsection (k)(1), (2) or
(3) of this section;
b. The authorization specified either an individual or a position having responsibility for the
overall operation of the facility from which the industrial user discharge originates, such as
the director, or a position of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
c. The written authorization is submitted to the director.
(5) If an authorization under subsection (k)(4) of this section 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, a new authorization satisfying the
requirements of subsection (k)(4) of this section must be submitted to the director prior to or
together with any reports to be signed by an authorized representative.
(Code 1967, §§ 34-56, 34-57; Ord. No. 6191, §§ 6, 7, 3-26-92; Ord. No. 6529, § 1, 1-28-93; Ord.
No. 6667, § 2, 6-8-93; Ord. No. 8118, § 1, 10-23-97)
Page 18
Sec. 98-252. - Application.
In order to be considered for a wastewater discharge permit, every industrial user required to have a
permit must submit the following information on an application form approved by the director.-
(1)
irector:(1) The name, address and location, if different from the address, state of incorporation, if
applicable;
(2) Standard industrial classification (SIC) code of both the industry as a whole and any processes
for which federal categorical standards have been promulgated;
(3) Wastewater constituents and characteristics, including any pollutants in the discharge which
are limited by federal, state or local standards. Sampling and analysis will be taken in
accordance with 40 CFR 136;
(4) The time and duration of the discharge;
(5) Daily maximum, daily average and monthly average wastewater flow rates, including daily,
monthly and seasonal variations, if any;
(6) Description of activities, facilities and plant processes on the premises, including a list of all raw
materials and chemicals used at the facility which are or could accidentally or intentionally be
discharged to the POTW;
(7) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers,
floor drains and appurtenances by size, location and elevation;
(8) Each product produced by type, amount, process or processes and rate of production;
(9) Type and amount of raw materials processed (average and maximum per day);
(10) The number and type of employees, and hours of operation, and proposed or actual hours of
operation of the pretreatment system;
(11) Whether additional operation and maintenance (O&M) or additional pretreatment is required
for the user to meet all applicable federal, state and local standards. If additional pretreatment
or O&M will be required to meet the standards, then the industrial user shall indicate the
shortest time schedule necessary to accomplish installation or adoption of such additional
treatment and O&M. The completion date in this schedule shall not be longer than the
compliance date established for the applicable pretreatment standard. The following conditions
apply to this schedule:
a. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable pretreatment
standards. Such events include hiring an engineer, completing preliminary plans,
completing final plans, commencing construction, completing construction, beginning
operation and conducting routine operation. No increment referred to in this subsection
shall exceed nine months, nor shall the total compliance period exceed 18 months; and
b. No later than 14 days following each date in the schedule and the final date for compliance,
the user shall submit a progress report to the director including, as a minimum, whether or
not it complied with the increment of progress, the reason for any delay, and if appropriate,
the steps being taken by the user to return to the established schedule. In no event shall
more than nine months elapse between such progress reports to the director;
(12) Any other information as may be deemed by the director to be necessary to evaluate the
permit application;
(13) All plans required must be certified for accuracy by a professional engineer registered in the
state unless otherwise accepted by the director; and
Page 19
(14) A statement, reviewed by an authorized representative of the industrial user, as defined in this
article, and certified to by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional O&M and additional
pretreatment is required for the industrial user to meet the pretreatment standards and
requirements.
(Code 1967, § 34-58(1)~(14), (17); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-253. - Contents.
A wastewater discharge permit issued under this division shall contain the following:
(1) A statement of duration (in no case more than three years);
(2) A statement of nontransferability without, at a minimum, prior notification to the POTW and
provision of a copy of the existing control mechanism to the new owner or operator;
(3) The effluent limits based on applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits and state and local law;
(4) Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an
identification of the pollutants to be monitored, sampling location, sampling frequency and
sample type, based on the applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits and state and local law;
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such schedules may not extend
the compliance date beyond applicable federal deadlines;
(6) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
(7) Requirements for installation and maintenance of inspection and sampling facilities. Where the
installation of a sampling facility is required, the industrial user shall have 90 days to install it
from the date of the issuance of their permit;
(8) Compliance schedules;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as
specified by the city, and affording city access thereto;
(10) Requirements for notification of the city of any new introduction of wastewater constituents or
any substantial change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system; and
(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.
(Code 1967, § 34-58(18); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-254. - Issuance.
The director will evaluate the data furnished by the industrial user on the wastewater permit
application and may require additional information. After evaluation of the data furnished, the director may
issue a permit subject to terms and conditions provided therein.
(Code 1967, § 34-58(15); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-255. - Appeals.
Page 20
(a) Except as provided in sections 98-197 and 98-198, the director shall give ten days' prior notice to
any person whose utilities are to be terminated pursuant to this article. Any such notice shall specify
the reasons for the proposed termination and inform the affected person of the appeal procedure
provided in this section. If, within such ten-day period, the director receives notice that such person
requests a hearing, the effective date of the termination shall be automatically delayed at least until
the date set by the director for a hearing. The director shall select a hearing date, giving the person
appealing the decision at least three days' notice thereof.
(b) Any person whose application for a permit is denied, whose permit is suspended or revoked
pursuant to this article or whose service is being terminated shall be given notice thereof. Any such
notice shall specify the reasons for this decision and inform the affected person of the appeal
procedure provided in this section. If any such affected person desires a hearing, he shall file a
notice of appeal with the director no later than ten days after his receipt of the director's official notice
of decision.
(c) The director shall establish rules not inconsistent with this division governing hearing procedures.
(d) The director shall appoint a qualified individual, who was not involved in the original decision to
deny the permit, to serve as hearings examiner to hear appeals. The hearings examiner shall be
authorized to affirm, deny or modify the director's initial decision.
(e) The hearings examiner may, in lieu of termination of service, require any or all of the following:
(1) Penalties not to exceed $2,000.00 per day;
(2) Special permit conditions;
(3) Mandatory compliance schedules; or
(4) Any other action which he deems just and equitable.
(f) The city may immediately terminate water/wastewater service and provide a hearing as described in
this section within three days of initial termination, if the director determines that a discharge from an
industrial user presents an imminent threat that:
(1) The health of city employees or the public will be endangered; or
(2) A likelihood that the city's treatment plant permit parameters, including sludge, will be violated,
(g) To be effective under this section, a notice shall be in writing and either:
(1) Delivered in person to the person or his agent entitled to receive such notice; or
(2) Sent by United States certified mail, return receipt requested, to the person or his agent entitled
to receive notice.
(Code 1967, § 34-58(19); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-256. - Modifications.
Within nine months of the promulgation of a national categorical pretreatment standard, the
wastewater discharge permit to a user subject to such standards shall be revised to require compliance
with such standards within the time frame prescribed by such standard. Where a user, subject to national
categorical pretreatment standards, has not previously submitted an application for a permit as required
by the act, the user shall apply for a permit within 180 days after the promulgation of the applicable
national pretreatment standard. In addition, the user with an existing permit shall submit to the director
within 180 days after the promulgation of an applicable federal categorical pretreatment standard the
information required by 40 CFR 403.12. The director shall notify all industrial users of the existence of
requirements under sections 204(b) and 405 of the act and subtitles C and D of the Resource
Conservation and Recovery Act.
Page 21
(Code 1967, § 34-58(20); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-257. -Transferability.
A wastewater discharge permit is issued to a specific user for a specific operation at a specific
location. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, a
new user, a different premises or a new or changed operation without the approval of the director.
(Code 1967, § 34-58(21); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-258. - Revocation.
(a) The director is authorized to suspend or revoke any permit issued under this division and terminate
service at any time that the permittee:
(1) Violates any section of any city ordinance pertaining to sewage disposal into the city sewers; or
(2) Discharges waste in a quantity or a quality violating the provisions of the permit or otherwise
prohibited by the article or other related city ordinances.
(b) If a permittee violates any conditions of its permit, the permittee shall submit written notice to the
director within 15 days of such violation outlining the steps which will be taken to effectuate
correction of such violation. The violation shall be corrected within 30 days after the occurrence of
such violation, unless a different time schedule for correction is approved by the director.
(c) If the director discovers a violation of a permit condition, the director will give written notice of such
violation to the permittee, and the permittee shall, within 15 days after receipt of such notice, furnish
the director in writing the proposed action which will be taken to effectuate correction of such
violation.
(Code 1967, § 34-58(22); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-259. - Reissuance.
The user shall apply for reissuance of a wastewater discharge permit by submitting a complete
permit application a minimum of 90 days prior to the expiration of the user's existing permit.
(Code 1967, § 34-58(23); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-260-98-285. - Reserved.
DIVISION 4. - USER CHARGES AND AGREEMENTS
Sec. 98-286. - Payment and agreement required.
(a) A person making discharges of industrial waste where the discharge contains excessive loadings of
BOD or TSS shall pay a user charge to cover the cost of collection and treatment.
(b) When discharges of industrial waste are approved by the city, the city shall enter into an agreement
or arrangement providing:
(1) The terms of acceptance by the city; and
Page 22
(2) Payment by the person making the discharge.
(Code 1967, § 34-27; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-287. - User charge and added costs.
(a) If the volume or character of the waste to be treated by the city does not cause overloading to
sewage collection, treatment or disposal facilities of the city, prior to approval, the city and the person
making the discharge shall enter into an agreement which provides that the discharger pay an
industrial waste charge to be determined from a current analysis on the discharger's wastewater and
the unit cost calculated by the city. If the BOD and TSS cannot be maintained in compliance with
normal domestic wastewater, the city may impose an appropriate user charge.
(b) If the volume or character of the waste to be treated by the city requires that wastewater collection,
treatment or other disposal facilities of the city be improved, expanded or enlarged in order to treat
the waste, prior to approval, the city and the person making the discharge shall enter into an
agreement which provides that the discharger pay in full all added costs the city may incur due to
acceptance of the waste.
(c) The agreement entered into pursuant to subsection (b) of this section shall include, but not be
limited to:
(1) Amortization of all capital outlay for collecting and treating the waste, including new capital
outlay and the proportionate part of the value of the existing system used in handling and
treating the waste;
(2) O&M, including salaries and wages, power costs, costs of chemicals and supplies, proper
allowances for maintenance, depreciation, overhead and office expense.
(d) Amortization shall be completed in a 30 -year period and payment shall include all debt service
costs.
(Code 1967, § 34-30; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-288. - User charge agreements.
(a) Under this division, user charges shall be calculated by the following formula with the city's unit cost
being assessed after testing has been done:
User charge = ( BOD + TSS x (O&M cost) x (Volume)
250 250
Where:
BOD Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For
concentrations less than or equal to 250 mg/I, the value of BOD shall be considered zero.
TSS Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For
concentrations less than or equal to 250 mg/I, the value of TSS shall be considered zero.
Page 23
O&M Represents operations and maintenance cost of the city's sewer works. Note: The operations
cost and maintenance cost as determined by the city shall be periodically updated.
Volume Represents volume discharged in thousand gallons.
(b) The volume of waste shall be determined by the same methods used to calculate the normal sewer
service charge or by a sewage flow meter that has been approved by the city and purchased,
installed and maintained by the permittee.
(c) All flow rates, BOD and TSS values used in determination of the surcharges contemplated in this
division shall be reevaluated at least annually.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-289. - Adjustment of charges.
(a) The city shall adjust sewer user charges at least annually to reflect changes in the characteristics of
wastewater based on the results of sampling and testing.
(b) Increases in charges shall continue for 12 billing periods unless subsequent tests determine that the
charge should be adjusted.
(c) The city shall review at least annually the basis for determining charges and shall adjust the unit
cost in the formula to reflect increases or decreases in wastewater treatment and collection costs
based on the previous year's experience.
(d) The city shall bill the discharger by the month and shall show industrial waste charges as a separate
item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance
with practices existing for payment of sewer charges.
(Code 1967, § 34-32; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-290. - Failure to pay.
In addition to sanctions provided for by this article, the city is entitled to take any action as provided
for by this Code and other city ordinance for failure to pay the bill for water and sanitary sewer service
when due.
(Code 1967, § 34-38; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-291-98-315. - Reserved.
DIVISION 5. - DISCHARGE PROHIBITIONS AND LIMITATIONS
Sec. 98-316. - Prohibited discharges.
Page 24
Under this article, a user shall not introduce into a POTW any pollutant that may cause pass through
or interference. The general prohibitions and the specific prohibitions in section 98-317 apply to each user
introducing pollutants into a POTW whether or not the user is subject to other national pretreatment
standards or any national, state or local pretreatment requirements.
(Code 1967, §§ 34-12, 34-53(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26-92; Ord.
No. 8118, § 1, 10-23-97)
Sec. 98-317. - Specific prohibitions.
In addition to the general prohibited discharges specified in section 98-316, the following pollutants
shall not be introduced into a POTW:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Celsius using the test methods specified in 40 CFR 261.21;
(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case
discharges pH lower than 5.0, unless the works are specifically designed to accommodate such
discharges;
(3) Solid or viscous pollutants in amounts which may, in the opinion of the director, cause
obstruction to the flow in the POTW resulting in interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a
flow rate and/or pollutant concentration which may, in the opinion of the director, cause
interference with the POTW;
(5) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius)
or any substance with heat in amounts which may, in the opinion of the director, inhibit
biological activity in the POTW resulting in interference, but in no case heat in such quantities
that the temperature at the POTW exceeds 40 degrees Celsius (104 degrees Fahrenheit)
unless the administrator, upon request of the POTW, approves the alternate temperature limit;
(6) Petroleum oil, or petroleum oil products, nonbiodegradable cutting oil or products of mineral oil
origin in amounts that may, in the opinion of the director, cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
(8) Any industrial or domestic waste or wastewater from any tank truck or vehicle into any sewer,
manway, manhole, street or public sewage treatment plant within the city without written
authorization from the director.
(Code 1967, § 34-53(b); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-318. - Federal categorical pretreatment.
National pretreatment standards specifying quantities or concentrations of pollutants or pollutant
properties which may be discharged to a POTW by existing or new industrial users in specific industrial
subcategories will be established as separate regulations under the applicable subpart of 40 CFR chapter
I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable
pretreatment standards and requirements.
(Code 1967, § 34-53(c)(1); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-319. - Local limits.
Page 25
(a) Pursuant to 40 CFR 403.8, each POTW shall develop and enforce specific limits to implement the
prohibitions listed in subsections 98-320(a) and (c). The local limits in this section are based on the
most restrictive uniform allocation method from all three of the city's POTWs. These local limits shall
continue to be developed and reevaluated as necessary and the POTW will effectively enforce such
limits.
(b) Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW
in accordance with this division, such limits shall be deemed pretreatment standards for the
purposes of section 307(d) of the act. Such limits shall apply at the last discharge point from the
industrial user prior to discharging into the city's sewer system.
(Code 1967, § 34-53(c)(2); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-320. - Specific pollutant limitations.
(a) Maximum concentrations of heavy metals . Under this article, the maximum allowable
concentrations of heavy metals stated in terms of milligrams per liter (mg/1), determined on the basis
of individual sampling in accordance with 40 CFR Part 136 are as follows:
(1) Arsenic, 1.39 mg/I;
(2) Barium, 56.80 mg/I;
(3) Cadmium, 3.34 mg/1;
(4) Chromium, 15.41 mg/1;
(5) Copper, 2.49 mg/I
(6) Cyanide, 0.11 mg/I;
(7) Lead, 6.39 mg/I;
(8) Mercury, 0.03 mg/I;
(9) Nickel, 3.79 mg/l;
(10) Silver, 0.48 mg/I; and
(11) Zinc, 3.50 mg/I.
(b) Permit for other heavy metals or toxic pollutants. No other heavy metals or toxic pollutants may be
discharged into public sewers without a permit from the city specifying conditions of pretreatment,
concentrations, volumes and other applicable provisions.
(c) Prohibited heavy metals and toxic materials. Prohibited heavy metals and toxic materials include,
but are not limited to, the following:
(1)
Antimony;
(2)
Beryllium;
(3)
Bismuth;
(4)
Cobalt;
(5)
Molybdenum;
(6)
Tin;
(7)
Uranyl ion;
(8)
Rhenium;
(9)
Strontium;
Page 26
(10) Tellurium;
(11) Herbicides;
(12) Fungicides; and
(13) Pesticides.
(d) Prohibited discharges. No person may discharge to public sewers any waste which by itself or by
interaction with other wastes may:
(1) Injure or interfere with wastewater treatment processes or facilities;
(2) Constitute a hazard to humans or animals; or
(3) Create a hazard in receiving waters of the POTW effluent.
(e) Chemical discharges.
(1) No discharge to public sewers may contain:
a. Chlorides in concentrations of such an amount as to cause pass through or interference
with the sanitary sewer system;
b. Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
c. Substances causing an excessive chemical oxygen demand; or
d. Fluoride other than that contained in the public water supply.
(2) No waste or wastewater discharged to public waters may contain:
a. Strong acid, iron pickling wastes or concentrated plating solutions, whether neutralized or
not;
b. Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/I or containing
substances which may solidify or become viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius);
c. No waste, wastewater or other substance may be discharged into public sewers which has
a pH lower than 5.0 or higher than 9.0 or any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel at the wastewater facilities. The
limits set forth in this subsection may be altered in a permit properly issued pursuant to this
article;
d. All waste, wastewater or other substance containing phenols, hydrogen sulfide or other
taste- and odor -producing substances shall conform to concentration limits established by
the city. After treatment of the composite wastewater, concentration limits may not exceed
the requirements established by state, federal or other agencies with jurisdiction over
discharges to receiving waters.
(f) Garbage.
(1) No person may discharge garbage into public sewers unless it is shredded to a degree that all
particles can be carried freely under the flow conditions normally prevailing in public sewers.
Particles greater than one-half inch in any dimension are prohibited.
(2) The city is entitled to review and approve the installation and operation of any garbage grinder
equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater.
(g) Stormwater and other unpolluted drainage. No person shall discharge, or cause to be discharged,
any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard
fountains and ponds or lawn sprays into any sanitary sewer. Water from swimming pools, unpolluted
industrial water, such as boiler drains, blowoff pipes or cooling water from various equipment, shall
not be discharged into sanitary sewers without a permit issued through this article by the city. With a
permit, it may be discharged into the sanitary sewer by an indirect connection whereby such
Page 27
discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three
gallons per minute; provided, that the waste does not contain materials or substances in suspension
or solution in violation of the limits prescribed by this article.
(h) Temperature. No person may discharge liquid or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius), or any substance that causes the temperature of the total
wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour,
or a combined total increase of plant influent temperature to 110 degrees Fahrenheit.
(i) Radioactive wastes.
(1) No person may discharge radioactive wastes or isotopes into public sewers without the
permission of the city.
(2) The city may establish, in compliance with applicable state and federal regulations, regulations
for discharge of radioactive wastes into public sewers.
(j) Concentrations of dissolved solids. Materials that exert or cause concentrations of dissolved solids to
be discharged in such concentrations as to cause pass through or interference with the sanitary
sewer system.
(k) Discoloration. A prohibited discharge includes materials with excessive discoloration, including, but
not limited to, the following:
(1) Dye wastes; and
(2) Vegetable tanning solutions.
(1) Excessive BOD, COD or chlorine. No person shall discharge BOD, COD or chlorine demand in
excess of normal plant capacity.
(m) Other prohibitions. No person may discharge into public sewers any substance that may:
(1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being effectively treated by normal wastewater treatment
processes due to the nonamenability of the substance to bacterial action; or
(4) Deleteriously affect the treatment process due to excessive quantities.
(n) Treatment amenability. No person may discharge any substance into public sewers that:
(1) Is not amenable to treatment or reduction by the processes and facilities employed; or
(2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet
the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(o) Solid or viscous substances. No person may discharge into public sewers solid or viscous
substances which may violate section 98-316 if present in sufficient quantity or size, including, but
not limited to:
(1) Ashes;
(2) Cinders;
(3) Sand;
(4) Mud;
(5) Straw;
(6) Shavings;
(7) Metal;
(8) Glass;
Page 28
(9) Rags;
(10) Feathers;
(11) Tar;
(12) Plastics;
(13) Wood;
(14) Unground garbage;
(15) Whole blood;
(16) Paunch manure;
(17) Hair and fleshings;
(18) Entrails;
(19) Paper products; either whole or ground by garbage grinders;
(20) Slops;
(21) Chemical residues;
(22) Paint residues; and
(23) Bulk solids.
(Code 1967, §§ 34-13-34-19, 34-53(d); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26-
92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 7, 5-11-06)
Sec. 98-321. - Pretreatment required.
A person or owners discharging industrial wastes that exhibit any of the prohibited wastes set out in
the specific pollutant limitations in this article shall pretreat or otherwise dispose of such industrial waste
to make the remaining waste acceptable to the city water utilities.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-322. - Excessive BOD and TSS.
A person or owner discharging industrial wastes that exhibit none of the characteristics of wastes
whose discharge is prohibited by this article or other applicable local, state or federal regulation, other
than TSS and BOD in excess of normal domestic wastewater, as defined in this article, shall be required
to pretreat the industrial wastes to meet the required levels of normal domestic wastewater or entered into
a user charge agreement as provided in division 4 of this article. Such nonprohibited wastes may be
accepted for treatment if:
(1) The waste will not cause damage to the public sewers or be in violation of this article as
prohibited discharges;
(2) The waste will not impair the treatment process; and
(3) The donor of the waste enters into a contractual and permit agreement as set forth in this
article.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-323. - City's right of revision.
Page 29
The city reserves the right to establish by ordinance more stringent limitations or requirements on
discharge to the wastewater disposal system if deemed necessary to comply with the objectives
presented in this article or to secure any other objectives within the police powers of the city.
(Code 1967, § 34-53(e); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-324. - Dilution prohibited.
Except where authorized to do so by an applicable pretreatment standard or requirement, no
industrial user shall ever increase the use of process water, or in any other way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with a
pretreatment standard or requirement. The director may impose mass limitations on industrial users which
are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the
imposition of mass limitations is appropriate.
(Code 1967, § 34-53(fl; Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-325-98-350. - Reserved.
DIVISION 6. - REPORTING AND SAMPLING
Sec. 98-351. - Baseline monitoring reports.
Within 180 days after the effective date of a categorical pretreatment standard, existing industrial
users subject to such categorical pretreatment standards and currently discharging to or scheduled to
discharge to the city POTW shall be required to submit to the director a report which contains the
information listed in the following sections. Where reports containing this information already have been
submitted to the director of EPA, region 6, in compliance with the requirement of 40 CFR 128.140(b)
(1977), the industrial user will not be required to submit this information again. At least 90 days prior to
commencement of discharge, new sources and sources that become industrial users subsequent to the
promulgation of an applicable categorical standard, shall be required to submit to the director a report
which contains the information listed in subsections (1) through (5) of this section. New sources shall also
be required to include in this report information on the method of pretreatment the source intends to use
to meet applicable pretreatment standards. New sources shall give estimates of the information
requested in subsections (4) and (5) of this section. The information required is as follows:
(1) Identifying information. The user shall submit the name and address of the facility including the
name of the operator and owner;
(2) Permits. The user shall submit a list of any environmental control permits held by or for the
facility;
(3) Description of operations. The user shall submit a brief description of the nature, average rate
of production and standard industrial classification of the operation carried out by such industrial
user. This description should include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes;
(4) Flow measurement. The user shall submit information showing the measured average daily
and maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR
403.6(e).
Page 30
The director may allow for verified estimates of these flows where justified by cost or feasibility
considerations. Such estimates shall be verified by a certified professional engineer;
(5) Measurement of pollutants:
a. The user shall identify the pretreatment standards applicable to each regulated process;
b. In addition, the user shall submit the results of sampling and analysis, identifying the nature
and concentration or mass, where required by standard or director, of regulated pollutants
in the discharge from each regulated process. Both daily maximum and average
concentration or mass, where required, shall be reported. The sample shall be
representative of daily operations;
c. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organics. For all other pollutants, 24-hour composite samples must be obtained
through flow -proportional composite sampling techniques where feasible. The director may
waive flow -proportional composite sampling for any industrial user that demonstrates that
flow -proportional sampling is not feasible due to the nature of the operation. In such cases,
samples may be obtained through time -proportional composite sampling techniques or
through a minimum of four grab samples where the user demonstrates to a reasonable
certainty that this will provide a representative sample of the effluent being discharged;
d. The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this subsection;
e. Samples should be taken immediately downstream from pretreatment facilities if such exist
or immediately downstream from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment, the user
should measure the flows and concentrations necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the
pretreatment standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting
data shall be submitted to the director;
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in
40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the administrator determines
that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analysis shall be performed by using methodology approved by
the administrator;
g. The director may allow the submission of a baseline report which utilizes only historical
data so long as the data provides information sufficient to determine the need for industrial
pretreatment measures;
h. The baseline report shall indicate the time, date and place of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal work
cycles and expected pollutant discharges to the POTW;
(6) Certification. A statement shall be submitted and reviewed by an authorized representative of
the industrial user, as defined in this article, and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis, and, if not, whether
additional O&M or additional pretreatment is required for the industrial user to meet the
pretreatment standards and requirements; and
(7) Sampling and analysis. All sampling and analysis required by this division shall be performed
by an independent laboratory that has been approved by the director. All costs of such sampling
and analysis shall be borne by the user.
(Code 1967, § 34-59(a); Ord. No. 6191, § 9,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 31
Sec. 98-352. - Authority to establish compliance schedules.
If additional pretreatment or O&M will be required to meet the pretreatment standards, the shortest
schedule by which the industrial user will provide such additional pretreatment or O&M is required. The
completion date in this schedule shall not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to the schedule required by this section:
(1) The schedule shall contain increments of progress in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the industrial user to meet applicable categorical pretreatment
standards, including, but not limited to, hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing construction,
completing construction, etc. No increment referred to in this subsection shall exceed nine
months; and
(2) Not later than 14 days following each date in the schedule and the final date for compliance,
the industrial user shall submit a progress report to the director including, at a minimum,
whether or not it complied with the increment of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of progress, the reason for delay and the
steps being taken by the industrial user to return the construction to the schedule established. In
no event shall more than nine months elapse between such progress reports to the director.
(Code 1967, § 34-59(b); Ord. No. 6191, § 9,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-353. - Report on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical pretreatment
standards or for a new source following commencement of the introduction of wastewater into the POTW,
any industrial user subject to pretreatment standards and requirements shall submit to the director a
report containing the information described in subsections 98-351(1) through (6). For industrial users
subject to equivalent mass or concentration limits established by the director in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a measure of the user's long-term production rate
based on a production period of at least 30 days. For all other industrial users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other
measure of operation, this report shall include the user's actual production during the appropriate
sampling period.
(Code 1967, § 34-59(c); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-354. - Categorical industrial user periodic compliance reports.
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such
pretreatment standard, or, for a new source, after commencement of the discharge into the POTW, shall
submit to the director during the months of June and December, unless required more frequently in the
pretreatment standard or by the director or the administrator, a report indicating the nature and
concentration of pollutants in the effluent which are limited by such categorical pretreatment standards. In
addition, this report shall include a record of measured or estimated average and maximum daily flows for
the reporting period for the discharge reported in section 98-351(4), except that the director may require
more detailed reporting of flows. At the discretion of the director and in consideration of such factors as
local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months
during which the above reports are to be submitted.
(Code 1967, § 34-59(d); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 32
Sec. 98-355. - Noncategorical significant industrial user compliance reports.
(a) The director shall require appropriate reporting from those industrial users with discharges that are
not subject to categorical pretreatment standards. Noncategorical significant industrial users shall
submit to the director at least once every six months on dates specified by the director a description
of the nature, concentration and flow of the pollutants required to be reported by the director. These
reports shall be based on sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described in 40 CFR 136 and amendments thereto.
(b) This sampling and analysis may be performed by the director in lieu of the significant industrial user.
Where the POTW itself collects all the information required for the report, the noncategorical
significant industrial user will not be required to submit this report.
(Code 1967, § 34-59(e); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-356. - Report due dates and requirements for sampling to be performed during reporting period.
(a) The reports required in sections 98-353 through 98-355 shall contain the results of sampling and
analysis of the discharge, including the flow and the nature and concentration, or production and
mass, where requested by the director, of pollutants contained therein which are limited by the
applicable pretreatment standards.
(b) The reports required in sections 98-353 through 98-355 shall be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the report, which data is
representative of conditions occurring during the reporting period. The director shall require that
frequency of monitoring necessary to assess and ensure compliance by industrial users with
applicable pretreatment standards and requirements.
(Code 1967, § 34-59(f); Ord. No. 6191, § 9,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-357. - Inspection and sampling of industrial users by POTW at least once per year.
(a) Under this article, the POTW shall:
(1) Randomly sample and analyze the effluent from industrial users and conduct surveillance
activities in order to identify, independent of information supplied by industrial users, occasional
and continuing noncompliance with pretreatment standards;
(2) Inspect and sample the effluent from each significant industrial user at least once a year. Such
inspection and sampling and analysis thereof shall be performed on behalf of the POTW by an
independent laboratory at the request of the director. All costs of such inspection, sampling and
analysis shall be bome by the user; and
(3) Evaluate, at least once every two years, whether each such significant industrial user needs a
plan to control slug discharges. For purposes of this subsection, a slug discharge is any
discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a
noncustomary batch discharge.
(b) The results of such activities shall be available to the administrator upon request.
(Code 1967, § 34-59(g); Ord. No. 6191, § 9,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-358. - Self-monitoring requirements for significant industrial users.
Page 33
The reports required in section 98-355 shall contain the results of sampling and analysis of the
discharge; including the flow and the nature and concentration or production and mass where requested
by the director of pollutants contained therein that are limited by the applicable pretreatment standards.
(Code 1967, § 34-59(h); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-359. - Certification statements.
Under this article, all reports and/or permit applications submitted by categorical and/or significant
industrial users to the city must include the certification as stated in subsection 98-2510).
(Code 1967, § 34-59(i); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 8, 5-11-06)
Sec. 98-360. - Notification of changed discharge.
Every industrial user shall promptly notify the POTW in advance of any substantial change in the
volume or character of pollutants in his discharge, including the listed or characteristic hazardous wastes
for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(Code 1967, § 34-590); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-361. - Notice of potential problems, including slug loading.
Every categorical and noncategorical industrial user shall notify the POTW immediately of all
discharges that could cause any difficulties in meeting the objectives of this article, including any slug
loadings, as defined in Section 98-126 of this Code and 40 CFR § 403.5(b), by the industrial user.
(Code 1967, § 34-59(k); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 9, 5-11-06)
Sec. 98-362. - Reports required for nonsignificant/minor users.
(a) Effect of permit endorsement. Under this article, a permit endorsement is issued to an industrial
user that certifies no industrial wastewater is discharged to the city's sanitary sewer. The permit is
issued based on that certification.
(b) Noncategorical industrial users. All industrial users not identified as categorical industrial users
under 40 CFR 403.6 and 40 CFR chapter I, subsection N must maintain a written log of all waste
material that goes to an offsite disposal facility. The log shall be available for inspection by the
industrial wastewater service for a minimum of three years after the waste material has left the user's
facility. If any process changes, including discharging wastewater from any new or existing process
to the sanitary sewer, application must be made at least 30 days prior to the proposed change.
(c) Categorical industrial users.
(1) All industrial users subject to federal categorical pretreatment regulations are required to
submit semiannual compliance reports. During the months of June and December, it is required
that a report be submitted to the director with a certification that no regulated wastestreams
were discharged to the sanitary sewer during the preceding six-month reporting period.
(2) If any person plans to begin discharging industrial waste from any regulated process operation
to the city's sanitary sewer system, it is a requirement of 40 CFR 403.12(b) that existing sources
that become indirect dischargers after the promulgation of an applicable categorical
Page 34
pretreatment standard must submit a baseline monitoring report to the director at least 90 days
prior to the commencement of discharges to the POTW. The report must provide information on
the method of pretreatment the user proposes to meet applicable standards, For new sources,
the industrial user may provide estimates of the production, flow and the quality and presence of
regulated pollutants in its wastestream.
(3) All industrial users subject to federal categorical pretreatment regulations must maintain a
written log of all waste material that goes to an off-site disposal facility. The log shall be
available for inspection by the industrial wastewater service for a minimum of three years after
the waste material has left the user's facility.
(Code 1967, § 34-59(1); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-363. - Notification of violation.
(a) If sampling performed by an industrial user indicates a violation of the applicable pretreatment
standards, the user shall notify the director within 24 hours of becoming aware of the violation. The
user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the
director within 30 days after becoming aware of the violation, except the industrial user is not
required to resample if the director performs sampling of the industrial user:
(1) At a frequency of at least once per month; or
(2) Between the time when the user performs its initial sampling and the time when the user
receives the results of this sampling.
(b) Any repeat sampling and analysis required by this section shall be performed by an independent
laboratory acceptable to the director. All costs of such repeat sampling and analysis shall be borne
by the user.
(Code 1967, § 34-59(m); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-364. -Analytical requirements.
Under this division, sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the administrator determines that the 40 CFR
136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and
analysis shall be performed by using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the POTW or other parties, approved by the
administrator.
(Code 1967, § 34-59(n); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-365. - Method of sample collection.
(a) Sampling of the effluent of waste discharges may be accomplished manually or by use of
mechanical equipment to obtain a composite sample which would be representative of the total
effluent. Samples shall be taken at six-month intervals to establish the BOD and suspended solids of
the industrial waste or at such intervals as determined by the director as necessary to maintain a
control over the discharges from the permittee. The method used in the examination of all industrial
wastes to determine BOD, TSS, chlorine demand and prohibited wastes shall be as set forth in 40
CFR 136.
(b) Subsection (a) of this section is not applicable in connection with the following:
Page 35
(1) A permit application:
(2) A demonstration of compliance after violations of any discharge standard; or
(3) Permit requirements of a permittee which specify sampling frequency. Tests made on
representative samples collected by the director shall be made at such intervals as the director
may designate, so long as samples are taken not less than on an annual basis.
(c) Samples may be taken and tests made at the director's option without notice to the permittee, and
such test results made by the director shall fix the applicable user charge established in this article.
However, with regard to establishment of user charges, a permittee may request in writing for
permission to conduct self-monitoring by an independent laboratory approved by the director. Such
request must be approved in writing by the director. If approved by the director, all costs of such
composite sampling and analyses shall be borne by the permittee. The director's approval of
sampling analyses performed by an independent laboratory does not prevent representatives of the
department from taking additional samples at its option without notice to the permittee. The director
may use the self-monitoring results in determining the user charge.
(d) Written notice from the director approving sampling and analyses by an independent laboratory to
establish user charges under this article may be canceled by the director by giving written notice of
such cancellation to the permittee.
(e) Sampling shall be conducted according to methods acceptable to the director. If, after receiving the
permit application, the director determines the operations or characteristics of the producer's
industrial waste discharge require composite sampling, the director may require same, which shall
be provided by the producer on the basis of an average workday. Otherwise, the analysis will be
made on the basis of grab samples.
The discharge parameter values for which reports are required must be determined by one of the
standard analytical test procedures incorporated by reference, and described in, 40 CFR 136.3, tables IA,
I13, IC, ID and IE, or by an alternate test procedure that has been approved by the director under the
provisions of 40 CFR 136.4 and 136.5. Under certain circumstances, 40 CFR 136.3(b) or (c), or 40 CFR
401.13, other test procedures may be used that may be more advantageous when such other test
procedures have been previously approved by the administrator, and providing the director does not
object to the use of such alternate test procedure.
(f) Under certain circumstances, the administrator may approve, upon recommendation by the director
of the Environmental Monitoring and Support Laboratory, Cincinnati, Ohio, additional/alternate test
procedures for nationwide use.
(g) Sample preservation procedures, container materials and maximum allowable holding times for
parameters cited in tables IA, IB, IC, ID and IE of 40 CFR 136.3 are prescribed in table II, 40 CFR
136.3. Any person may apply for a variance from the prescribed preservation techniques, container
materials and maximum holding times applicable to samples taken from a specific discharge.
Application for variances must be made in writing to the administrator. Sufficient data should be
provided to assure such variance does not adversely affect the integrity of the sample. Such data will
be forwarded by the regional administrator to the director of the Environmental Monitoring and
Support Laboratory in Cincinnati, Ohio, for technical review and recommendations for action on the
variance application. Upon receipt of the recommendations from the director of the Environmental
Monitoring and Support Laboratory, the administrator may approve a variance applicable to the
specific discharge by the applicant. A decision to approve or deny approval of a variance will be
made within 90 days of receipt of the application by the administrator. Upon approval by the
administrator, the applicant may then present the request for the variance to the city council.
(Code 1967, § 34-59(0); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-366. - Recordkeeping.
Page 36
(a) Any industrial user and POTW subject to the reporting requirements established in this article shall
maintain records of all information resulting from any monitoring activities required by this division
Such records shall include the following for all samples:
(1) The date. exact place method and time of sampling and the name of the person taking the
sample;
(2) The dates that the analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques/methods used; and
(5) The results of such analyses.
(b) Any industrial user or POTW subject to the reporting requirements established in this division shall
be required to retain for a minimum of three years any records of monitoring activities and results,
whether or not such monitoring activities are required by this division, and shall make such records
available for inspection and copying by the director and the administrator and POTW for an industrial
user. This period of retention shall be extended during the course of any unresolved litigation
regarding the industrial user or POTW or when requested by the director or the administrator.
(Code 1967, § 34-59(p); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-367. - Fraud and false statements.
The reports and other documents required to be submitted or maintained under the division shall be
subject to:
(1) The provisions of 18 USC chapter 1001 relating to fraud and false statements;
(2) 40 CFR 309(c)(4) of the act, as amended, governing false statements, representation or
certification; and
(3) 40 CFR 309(c)(6) regarding responsible corporate officers.
(Code 1967, § 34-59(q); Ord. No. 6191, § 9,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-368-98-395. - Reserved.
DIVISION 7. - COMPLIANCE MONITORING
Sec. 98-396. - Inspection and sampling.
The POTW shall carry out all inspection, surveillance and monitoring procedures necessary to
determine, independent of information supplied by industrial users, compliance or noncompliance with
applicable pretreatment standards and requirements by industrial users. Representatives of the POTW
shall be authorized to enter any premises of any industrial user in which a discharge source or treatment
system is located or in which records are required to be kept under 40 CFR 403.12(m) to assure
compliance with pretreatment standards. Such authority shall be at least as extensive as the authority
provided under section 308 of the act.
(Code 1967, § 34-60(a); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-397. - Right of entry.
Page 37
A person or occupant of premises where wastewater is created or discharged shall allow the city or
its representative ready access at all reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination or in the performance of any of his duties.
(Code 1967, § 34-60(b); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-398. - Inspection for compliance.
Under this article, the director, state and EPA shall have the right to set up on the user's property
such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering
operations. Where a user has security measures in force which would require proper identification and
clearance before entry into their premises, the user shall make necessary arrangements with their
security guards so that, upon presentation of suitable identification, personnel from the city, state and
EPA will be permitted to enter, without unnecessary delay, for the purposes of performing their specific
responsibilities.
(Code 1967, § 34-60(c); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-399. - Independent samples.
The director may select an independent firm or laboratory to determine flow and any necessary
parameter limit testing required under this article. All costs of such sampling and analysis shall be borne
by the user.
(Code 1967, § 34-60(d); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-400. - Installation of monitoring equipment.
(a) Under this article, the director may require to be provided and operated, at the user's own expense,
monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and
internal drainage systems. The monitoring facility should normally be situated on the user's
premises, but the director may, when such a location would be impractical or cause undue hardship
on the user, allow the facility to be constructed in the public street or sidewalk area and located so
that it will not be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be
provided in accordance with the city's requirements and all applicable local construction standards
and specifications. Plans for construction of the control manholes or inspection chambers, including
such flow -measuring devices as may be required, shall be included with the industrial wastewater
discharge application.
(Code 1967, § 34-60(e); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-401. - Inspection and copying of records.
Any industrial user or POTW subject to the reporting requirements established in 40 CFR 403 shall
be required to retain for a minimum of three years any records of discharge monitoring activities and
results, whether or not such monitoring activities are required by this article, and shall make such records
available for inspection and copying by the director and the administrator and POTW, for an industrial
Page 38
user. This period of retention shall be extended during the course of any unresolved litigation regarding
the industrial user or POTW or when requested by the director or the administrator.
(Code 1967, § 34-60(f); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-402. - Search warrants.
(a) If the director has been refused access to a building, structure, or property, or any part thereof, and
is able to demonstrate probable cause to believe that there may be a violation of this division, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the
city designed to verify compliance with this division or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then director may seek
issuance of a search warrant from a magistrate.
(b) A search warrant may not be issued under this article except upon the presentation of evidence of
probable cause to believe that a fire or health hazard or violation or unsafe building condition is
present in the premises sought to be inspected.
(c) In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but
may consider any of the following:
(1) The age and general condition of the premises;
(2) Previous violations or hazards found present in the premises;
(3) The type of premises;
(4) The purposes for which the premises is used; and
(5) The presence of hazards or violations in and the general condition of premises near the
premises sought to be inspected.
(d) The city may designate one code enforcement official for the purpose of being issued a search
warrant as authorized by subsection (a) of this section.
(Code 1967, § 34-60(g); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 10, 5-11-06)
Secs. 98-403-98-430. - Reserved.
DIVISION 8. - ACCIDENTAL DISCHARGES
Sec. 98-431. - Pretreatment facilities.
Every industrial user shall provide necessary wastewater treatment as required to comply with this
article and shall achieve compliance with all categorical pretreatment standards, local limits and the
prohibitions set out in this article, within the time limitations specified by the EPA, the state or the director,
whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the
director shall be provided, operated and maintained at the industrial user's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the director for review,
and shall be acceptable to the director before construction of the facility. The review of such plans and
operating procedures will in no way relieve the industrial user from the responsibility of modifying the
facility as necessary to produce an acceptable discharge to the city under this article.
(Code 1967, § 34-54(a); Ord. No. 6191, § 4,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 39
Sec. 98-432. - Policy.
Each user under this article shall provide protection from accidental discharge of prohibited materials
or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide this protection shall be submitted to the director for
review, and shall be approved by the director before construction of the facility. All existing users shall
complete such plans within 180 days from the effective date of the ordinance from which this article
derives. No user who commences contribution to the POTW after the effective date of the ordinance from
which article derives shall be permitted to introduce pollutants into the system until accidental discharge
procedures have been approved by the director. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility to modify the user's facility as
necessary to meet the requirements of this article. In the case of an accidental discharge, it is the
responsibility of the user to immediately telephone and notify the POTW of the incident. The notification
shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(Code 1967, § 34-54(b); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-433. - Written notice.
Within five days following an accidental discharge as provided in this division, the user shall submit
to the director a detailed written report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any
expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish
kills or any other damage to person or property; nor shall such notification relieve the user of any fines,
civil penalties or other liability which may be imposed by this article or other applicable law.
(Code 1967, § 34-54(c); Ord. No. 6191, § 4,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-434. - Notice to employees.
Under this division, the employer shall ensure that all appropriate employees be advised of
notification procedures to be used in the event of an accidental discharge.
(Code 1967, § 34-54(d); Ord. No. 6191, § 4,3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-435. - Slug control plan.
The city shall evaluate, at least once every two years, whether each such significant industrial user
needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any
discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a
noncustomary batch discharge. The results of such activities shall be available to the approval authority
upon request. Alternatively, the director may develop such a plan for any industrial user. If the director
decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) A description of discharge practices, including nonroutine batch discharges;
(2) A description of stored chemicals;
(3) Procedures for immediately notifying the director of a slug discharge as required by section 98-
433; and
(4) Procedures to prevent adverse impact from any spills, including but not limited to, inspection
and maintenance of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment structures or
Page 40
equipment, measures for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
(Ord. No. 10,322, § 11, 5-11-06)
Secs. 98-436-98-469. - Reserved.
Sec. 98-126. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq.
Approval authority or administrator means the EPA region VI administrator or the director of a
National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state
pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c).
Authorized representative of the industrial user means that the reports required by this section shall
include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation.
For the purpose of this subsection, a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any person with similar policy- or decision-making responsibilities for
the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, in second-quarter 1980 dollars, if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in subsection (1) or (2) of this
definition if:
a. The authorization is made in writing by the individual described in subsection (1) or (2) of
this definition;
b. The authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or wellfield superintendent, or a position of
equivalent responsibility for environmental matters for the company; and
c. The written authorization is submitted to the director.
(4) If an authorization under subsection (3) of this definition 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, a new authorization satisfying the
requirements of subsection (3) of this definition must be submitted to the city prior to or
contemporaneously with any reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/I,
utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at
a temperature of 20 degrees Celsius.
Page 41
Blowdown means the minimum discharge of recirculating water for the purpose of discharging
materials contained in the water, the further buildup of which would cause concentration in amounts
exceeding limits established by best engineering practices.
Building sewer means the extension from the building drain to the public sewer or other place of
disposal, also called house lateral and house connection.
Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic
and organic matter present in the water or wastewater expressed in mg/1 as the amount of oxygen
consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with biochemical oxygen demand.
City or individuals representing the city means the City of Baytown, Texas, or any authorized person
acting in its behalf.
Composite sample means a sampling method that combines discrete aliquots of a sample collected
over time, based on the flow of the wastestream being sampled. There are two methods used to collect
this type of sample. One method collects a constant sample volume at time intervals which may vary
based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged).
The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.
Contact cooling water means water used for cooling which comes into contact with raw material,
intermediate product, waste product or finished product.
Control authority refers to the POTW of the city.
Control manhole means a manhole giving access to a building sewer at some point before the
building sewer discharge mixes with other discharges in the public sewer.
Director means the director of the city public works/utilities department, or his authorized deputy,
agent or representative.
Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and
dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Environmental protection agency or EPA means the United States Environmental Protection Agency.
Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any
nondomestic source regulated under section 307(b), (c) or (d) of the act.
Industrial user (IU) or user means a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing, trade or
business from the development of any natural resource, disposal garbage or any mixture of the waste
with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge or user charge or surcharge means the charge made on those persons who
discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer
system to recover excessive costs for treatment by the city.
Interference means a discharge which, alone or in conjunction with a discharge or discharges from
other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW's
TPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of
sewage sludge use or disposal in compliance with the following statutory provisions and regulations or
permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
Maximum allowable discharge limit means the highest allowable discharge.
Page 42
Milligrams per liter (mg/1) means the same as parts per million and is a weight -to -volume ratio; the
milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of
water.
National pretreatment standard: pretreatment standards or standards means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c)
of the act, which applies to industrial users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or
groundwater.
New source means any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under section 307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided that (i) the building,
structure, facility or installation is constructed at a site at which no other source is located; (ii) the building,
structure, facility or installation totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of
the building, structure, facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source should be considered. Construction
on a site at which an existing source is located results in a modification rather than a new source if the
construction does not create a new building, structure, facility or installation meeting the criteria of
subsections (i) through (iii) of this definition but otherwise alters, replaces or adds to existing process or
production equipment. Construction of a new source has commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on-site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. Significant site preparation work, including clearing, excavation or removal of existing
buildings, structures or facilities which is necessary for the placement, assembly or
installation of new source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering and design studies do not constitute a contractual obligation under this
subsection.
Noncontact cooling water means water used for cooling which does not come into contact with any
raw material, intermediate product, waste product or finished product.
Nondomestic user means any person who discharges, causes or permits the discharge of
wastewater from any facility other than a residential unit.
Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a
person into sanitary sewers and in which the average concentration of total suspended solids is not more
than 250 mg/I and BOD is not more than 250 mg/I.
Operator means the person responsible for the overall operation of a facility.
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its
engineered design capacity.
Owner means the person who owns a facility or part of a facility.
Pass through means a discharge which exits the POTW into waters of the United States, or any
state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an
increase, in the magnitude or duration of a violation.
Page 43
Person or any individual means and includes corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water. It does not mean sewage from vessels; or water, gas or other material which is injected into a
well to facilitate production of oil or gas, or water derived in association with oil and gas production and
disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by
authority of the state in which the well is located and if the state determines that the injection or disposal
will not result in the degradation of groundwater or surface water resources.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise
introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical,
chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR
403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or
facilities, for protection against surges or slug loadings that might interfere with or otherwise be
incompatible with the POTW. However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Process wastewater means any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct or waste product.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of
abutting properties shall have the use, subject to control by the city.
Publicly -owned treatment works (POTVt) or wastewater treatment plant means a treatment works as
defined by section 212 of the act, which is owned by a state or municipality, as defined by section 502(4)
of the act. This definition includes any devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the
municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a
combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes
are not intentionally passed.
Significant industrial user means:
(1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR
chapter I, subchapter N; and
(2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to
adversely affect the POTW's operation, or that contribute a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant, or that discharge an average of 25,000 gallons per day or more of process
wastewater to the POTW. However, the director need not designate as significant any
noncategorical industrial user that, in the opinion of the director and with the agreement of the
administrator, has no potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement. Any noncategorical industrial user designated as
Page 44
significant may petition the director to be deleted from the list of significant industrial users on
the grounds that it has no potential for adversely affecting the POTW's operation or violating
any pretreatment standard or requirement
Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to,
an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in
concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer
than 15 minutes more than five times the average 24-hour concentration or flows during normal
operation.
Standard industrial classification (SIC) code means a classification pursuant to the Standard
Industrial Classification Manual currently issued by the Executive Office of the President, Office of
Management and Budget. The SIC defines industries in accordance with the composition and structure of
the economy and covers the entire field of economic activities.
Storm sewer means a public sewer that carries stormwater and surface water and drainage and into
which domestic wastewater or industrial waste is not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Strong acid means any substance with a pH less than 6.0.
Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on
the surface of or are in suspension in water, wastewater or other liquids and which are largely removable
by a laboratory filtration device.
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release
or dispose of, or to allow, permit or suffer any of these acts or omissions.
Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in
regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances.
Unpolluted wastewater means water containing:
(1) No free or emulsified grease or oil;
(2) No acids or alkalis;
(3) No phenols or other substances producing taste or odor in receiving water;
(4) No toxic or poisonous substances in suspension, colloidal state or solution;
(5) No noxious or otherwise obnoxious or odorous gases;
(6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as
determined by the state natural resource conservation commission; and
(7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as
specified in 40 CFR 136.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting
from domestic, agricultural or industrial activities.
Wastewater means a combination of the water -carried waste from residences, business buildings,
institutions and industrial establishments, together with any groundwater, surface water and stormwater
that may be present.
Wastewater facilities includes all facilities for collection, pumping, treating and disposing of
wastewater and industrial wastes.
Watercourse means a natural or manmade channel in which a flow of water occurs, either
continuously or intermittently.
Page 45
(Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord.
No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06)
Cross reference— Definitions generally, § 1-2.
Sec. 98-127. - Abbreviations.
As used in this article, the following abbreviations shall have the following meanings:
BOD means five-day biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means U.S. Environmental Protection Agency.
mg/7 means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O&M means operation and maintenance.
POTW means publicly -owned treatment works.
SIC means standard industrial classifications.
TCEQ means Texas Commission on Environmental Quality
TPDES means Texas Pollutant Discharge Elimination System.
TSS means total suspended nonfilterable solids.
USC means United States Code.
(Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 3, 5-11-06)
Sec. 98-128. - Purpose.
This article sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the city and enables the city to comply with all applicable state and
federal laws required by the Clean Water Act (33 U.S.C. § 1251 et seq.) and the General Pretreatment
Regulations (40 CFR 403).
(Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-129. - Objectives.
(a) The objectives of this article are to:
(1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere
with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, into receiving waters or the atmosphere or otherwise
be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4) Provide for equitable distribution of the cost of the municipal wastewater system;
Page 46
(5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with
all local, state and federal statutes and regulations:
(6) Protect the health and welfare of the general public and all the POTW personnel;
(7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements
and any other applicable federal or state law; and
(8) Prevent property damage.
(b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater
system through the issuance of permits to certain nondomestic users and through enforcement of
general requirements for the other users, authorizes monitoring and enforcement activities, requires
user reporting, assumes that existing customer's capacity will not be preempted and provides for the
setting of fees for the equitable distribution of costs resulting from the program established in this
article.
(Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 4, 5-11-06)
Sec. 98-130. -Jurisdiction and enforcement.
(a) This article shall apply to the city and to persons and entities outside the city who are, by contract or
agreement with the city, users of the city POTW.
(b) Except as otherwise provided in this article, the director shall administer, implement and enforce the
provisions of this article.
(c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as
established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all
users of the water and sewer system of the city, regardless of location.
(Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-131. - Applicability.
This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly
into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located
outside the city limits to continue discharges to the POTW except as provided in this article.
(Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-132. - Compliance.
(a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all
persons discharging:
(1)
Wastewater;
(2)
Industrial waste; and/or
(3)
Polluted liquids.
(b) Unless authorized by the state natural resource conservation commission, no person may deposit
or discharge any waste included in subsection (a) of this section on public or private property into or
adjacent to any:
(1) Natural outlet;
Page 47
(2) Watercourse;
(3) Storm sewer; or
(4) Other area within the jurisdiction of the city.
(c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state
and local governments.
(Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-133. - City requirements.
(a) If discharges or proposed discharges to public sewers may (i) cause damages to collection facilities;
(ii) impair the processes; (iii) incur treatment cost exceeding those of normal sewage; (iv) render the
water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a
public nuisance; the approving authority shall require the following:
(1) Pretreatment to an acceptable condition for discharge to the public sewers;
(2) Control of the quantities and rates of discharge of such waste; and
(3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to
treatment by normal sewage plant facilities operated by the city.
(b) The city is entitled to determine whether a discharge or proposed discharge is included under
subsection (a) of this section.
(c) The city shall reject wastes when:
(1) It determines that a discharge or proposed discharge is included under subsection (a) of this
section; and
(2) The discharger does not meet the requirements of subsection (a) of this section.
(Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-134. - City review and approval.
(a) If pretreatment or control is required under this article, the city shall review and approve design and
installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable statutes,
codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall
provide and maintain the facilities in effective operating condition at his own expense.
(Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-135. - Traps.
(a) Under this article, discharges requiring a trap should include grease or waste containing grease in
excessive amounts, oil, sand, flammable waste and other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by
the city, provide plans and specifications for equipment and facilities of a design type and design
capacity approved by the city engineer and by the director. The person shall locate the trap in a
manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective
Page 48
operating condition. The trap shall be inspected by the city's inspection department during
construction and upon completion. A final inspection shall be made by all interested parties, including
the city engineer, director and chief building official, before any service connections are made.
(Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-136. - Building sewers.
(a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at
his own expense and as required by the city:
(1) Install an accessible and safely located control manhole or inspection chamber;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of
the waste; and
(3) Maintain the equipment and facilities.
(b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent
infiltration by groundwater and surface water or introduction of slugs or solids by the installation of
screens with maximum openings of one inch, but of sufficient fineness to prevent the entrance of
objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person
discharging wastes so that any authorized representative or employee of the city may readily and
safely measure the volume and obtain samples of the flow at all times. Plans for the construction of
control manholes or inspection chambers, including such flow measuring devices as may be required
by this article, shall be approved by the director prior to the beginning of construction.
(Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-137. - Hauled wastewater procedures.
(a) As used in this section, "industrial waste" shall include septic tank waste.
(b) Industrial waste may be introduced into the POTW only at locations designated by the director and
at such times as are established by the director. Such waste shall not violate division 5 of this article
or any other requirements established by the city.
(c) Industrial waste haulers may discharge loads only at locations designated by the director. No load
may be discharged without prior consent of the director. The director may collect samples of each
hauled load to ensure compliance with applicable standards. The director may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
(d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include
at a minimum the name and address of the person generating the industrial waste and the volume
and characteristics of the waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-138. - Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is part of the sewer works. Any
person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set
out in division 2 of this article.
Page 49
(Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-139. - Confidential information, access to data.
Information and data provided to the city pursuant to this article that is effluent data shall be available
to the public without restriction. Any other information submitted may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the
application form or instructions or, for other submissions, by stamping the works "confidential business
information" on each page containing such information. If no claim is made at the time of submission, the
city may make the information available to the public without further notice. If a claim is asserted, the city
will submit the information to the state attorney general and the submitter will be required to assert why
the information should not be public. Unless the state attorney general's public information opinion is
timely appealed, the city and the submitter shall be bound by such opinion.
(Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-140-98-165. - Reserved.
Page 50
Cedar -Bayou Park UD 1 of 3 Exhibit "Bn
Lying wholly within Harris County, Texas, and being 188.01
acres, more or less, comprising parts of the J. P. Sjolander Survey, A-1644,
the Benjamin Barrow Survey, A-123, and the Wm. Bloodgood Survey, A-4,
and more particularly described as follows:
Beginning at the southwest corner of Cedar Bayou Park, West,
a subdivision in Harris County, Texas, a plat of which is recorded in Vol-
ume 118, Page 14 of the Harris County Map Records, said corner also being
in the easterly right-of-way line of Sjolander Road.
Thence, N 25' 11' 24" E 862.98 feet along the easterly right-
of-way line of Sjolander Road, and along the most westerly line of said
Cedar Bayou Park, West, to a point of curvature.
Thence, continuing along the easterly right-of-way line of
Sjolander Road and the most westerly line of said Cedar Bayou Park, West,
with a curve to the left having a radius of 508. 34 feet and a central angle of
22° 21' 4911, a distance of 198.42 feet to a point for corner.
Thence, N 80° O1' 35" E 632. 17 feet along the most souther-
ly north line of Cedar Bayou Park, West, to a point for corner.
Thence, N 07° 45' 16" W along the most easterly west line
of said Cedar Bayou Park, West, at 13. 1 feet cross the north line of said
Benjamin Barrow Survey and the south line of said J. P. Sjolander Survey,
and continuing a total distance of 934. 60 feet to a point for corner.
Thence, N 82° 13' 14" E along the most northerly line of said
Cedar Bayou Park, West, at 1469. 52 feet pass the northeast corner of said
Cedar Bayou Park, West, and continuing a total distance of 1715. 37 feet to
the northwest corner of Cedar Bayou Park, East, a subdivision in Harris
County, Texas, a plat of which is recorded in Volume 146, Page 28 of the
Harris County Map Records; said corner being in the easterly right-of-way
line of the Dayton -Goose Creek Railroad, 100 feet wide.
Thence, N 27' 47' 00" E 422.57 feet along the easterly right-
of-way line of the Dayton -Goose Creek Railroad, 100 feet wide, to a point
for corner.
Thence, N 07" 33' W 312.20 feet to an angle point for corner.
Thence, N 10° 24' 10" W 918.93 feet to a point for corner in
the north line of said J. P. Sjolander Survey and the south line of said Wm.
Bloodgood Survey.
Thence, N 10° 13' 43" W 1995.99 feet to a point for corner.
Thence, N 9° 57' 25" W 266.05 feet to a point for corner.
Thence, N 10° 00' 21" W 264.98 feet to a point for corner.
Cedar Bayou Park UD 2 of 3
Thence, N 10' 12' 05" W 528.79 feet to a point for corner.
Thence, N 10' 00' 53" W 266. 34 feet to a point for corner in
the south right-of-way line of Wallisville Road.
Thence, N 82' 35' 51" E 815, 24 feet along the south right-of-
way line of Wallisville Road, to a point for corner.
Thence, S 10' 29' 49" E 1043.91 feet to a point for corner.
Thence, S 9' 52' 491' E 1433.65 feet to a point for corner.
Thence, S 10' 00' 37" E 820. 39 feet to a point for corner.
Thence, S 9' 41' 46" E 1598.40 feet to a point for corner in
the north line of Cedar Bayou Park, East.
Thence, N 82' 21' E 5. 00 feet to a point for corner at the
northeast corner of Cedar Bayou Park, East, being in the west right-of-
way line of Bayou Boulevard, 60 feet wide.
Thence, S 26' 45' 00" W 340. 12 feet along the easterly line
of Cedar Bayou Park, East, and the westerly right-of-way line of Bayou
Boulevard, 60 feet wide, to a point of curvature.
Thence, continuing along the easterly line of Cedar Bayou
Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet
wide, along a curve to the right with a radius of 477. 87 feet and a central
angle of 20' 52' 05", a distance of 174. 05 feet to a point of reverse curvature.
Thence, continuing along the easterly line of Cedar Bayou
Park, East, and the westerly right-of-way line of Bayou Boulevard, 60 feet
wide, along a curve to the left with a radius of 746.78 feet and a central angle
of 78' 11' 5111, a distance of 1019.21 feet to a point for corner.
Thence, S 80' 30' 00" W 271.86 feet along a south line of
Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, S 9' 30' 00" E 451.43 feet along the east line of
Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, S 80' 30' 00" W 666. 37 feet along the most souther-
ly south line of Block 1, Cedar Bayou Park, East, to a point for corner.
Thence, N 09' 30' 00" W 837. 35 feet along the west line
of Block 1, Cedar Bayou Park, East, to a point for corner in the south
right-of-way line of Archer Road, 80 feet wide.
Cedar Bayou Park UD 3 of 3
Thence, S 80° 30' 00" W 232.52 feet along the south right-
of-way line of Archer Road, 80 feet wide, to a point for corner in the east-
erly right-of-way line of Dayton -Goose Creek Railroad, 100 feet wide.
Thence, S 79° 17' 32" W 248.86 feet to a point for corner
in the easterly line of Cedar Bayou Park, West.
Thence, S 27° 47' 00" W 1055.48 feet along the easterly
line of Cedar Bayou Park, West, to a point for corner at the southeast
corner of Cedar Bayou Park, West.
Thence, S 80° 24' 16" W 134 1. 50 feet along the south line
of Cedar Bayou Park, West, to the place of beginning.
Containing 188.01 acres, more or less.
Exhibit "C"
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Exhibit "D"
CERTIFICATE FOR ORDER AMENDING ORDER
ESTABLISHING POLICY AND RATES FOR SEWER SERVICES
THE STATE OF TEXAS
COUNTY OF HARRIS
CEDAR BAYOU PARK UTILITY DISTRICT
We, the undersigned officers of the Board of Directors (the "Board") of Cedar Bayou Park Utility District
(the "District") hereby certify as follows:
1. The Board convened in Regular session, open to the public, on October 26, 2015 at
, Baytown, Harris County, Texas, and the roll was called of the members of
the Board (� to -wit:
UILC�AM Director
#A , Director
G(1e , Director
?-fit oepm ,Director
Director
All members of the Board were present except ----r thus constituting a quorum.
Whereupon among other business, the following was transacted at such Meeting: AMENDED
ORDER ESTABLISHING RATES FOR SEWER SERVICE; PROVIDING FEES FOR
CONNECTION, RECONNECTION AND INSPECTION; REQUIRING DEPOSITS FOR
SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. was duly introduced
for the consideration of the Board and read in full. It was then duly moved and seconded that such
Order be adopted; and, after due discussion, such motion, carrying with it the adoption of such
Order, prevailed and carried by the following votes:
AYES O NOES
2. A true, full, and correct copy of the aforesaid Order adopted at the Meeting described in the
above and foregoing paragraph is attached to and follows this Certificate; such Order has been
duly recorded in the Board's minutes of such Meeting; the above and foregoing paragraph is a
true, full, and correct excerpt from the Board's minutes of such Meeting pertaining to the adoption
of such Order ; the persons named in the above and foregoing paragraph are the duly chosen,
qualified, and acting officers and members of the Board as indicated therein; each of the officers
and members of the Board was duly and sufficiently notified officially and personally, in
advance, of the time, place, and purpose of such Meeting, and that such Order would be
introduced and considered for adoption at such Meeting and each of such officers and members
consented, in advance, to the holding of such Meeting for such purpose; and such Meeting was
open to the public, and public notice of the time, place, and purpose of such Meeting was given,
all as required by Chapter 551, Texas Government Code, as amended, and Section 49.063, Texas
Water Code, as amended.
SIGNED AND SEALED October 26, 2015 41a4
President of theMoard of Directors of the
Cedar Bayou Park Utility District
ATTEST:
Secretary
AMENDED ORDER ESTABLISHING RATES FOR SEWER SERVICE; PROVIDING FEES FOR
CONNECTION, RECONNECTION AND INSPECTION; REQUIRING DEPOSITS FOR
SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT,
ARTICLE I. General Provisions
A. Definitions. For purposes of this Order, the following words or terms shall have the fol-
lowing meanings:
1. "Consumer" shall mean the occupant of a residential, commercial or industrial structure with-
in the area of the District, whether the owner, renter or lessee thereof.
2. "Delinquent bill" shall mean a bill for sewer service which has not been paid within twenty
(20) days after the date of the bill for the preceding month's service.
3. "Operator" shall mean the person, firm, corporation, municipal corporation or political sub-
division with which the District has contracted for operation and maintenance of the plants
and lines of the District's system.
4. "Residential connection" shall mean and include any single family residence, townhouse, or
multiplex (other than apartments), when such is separately metered.
5. "Separate connection" shall mean each residential unit occupied by a separate family or per-
son, including separate apartments within a single building, and each business unit occupied
by a separate business, including separate establishments within a single building.
6. "System", as used herein, shall mean the sanitary sewer facilities of the District and all exten-
sions and additions thereto, whether now in place or hereafter constructed.
ARTICLE 11. Commencement and Termination of Service
A. Connection to District's system. Each structure within the District may be connected to the
system of the District as soon as the District has made available to such structure, plant and line ca-
pacity to serve same.
B. Termination of service upon request of consumer. Whenever a consumer of District water
temporarily or permanently abandons the structure being served and no longer wishes to be furnished
with sewer, he shall notify the District's operator at least two (2) days prior to the time he desires
such service discontinued. A charge of $5.00 shall be made for discontinuing and a charge of $5.00
for restoring sewer service where such service is discontinued or restored at the request of the con-
sumer, and he is not delinquent in the payments of any bill at the time of either request.
Policy and Rates for Sewer Services
Revised, October 2015
Page 1
C. Termination of service upon initiative of District.
1. The District may terminate sewer service to a tract:
L at any time after a consumer's bill becomes delinquent as defined in Art. I(A)(2); or
ii. if a consumer creates or permits conditions or takes acts causing a public nuisance or
damage to District facilities.
2. Notice to the consumer shall be made as follows: At least ten (10) days prior to termination
of a consumer's service pursuant to this Section, a notice shall be delivered to the consumer
advising the consumer of termination of service pursuant to this Section.
Delivery of the notice shall be considered complete upon deposit of the notice in the
United States mail, certified, return receipt requested, postage prepaid, addressed to
the consumer at his last -known address; or, attachment ofsaid notice by the operator
to the front door of the consumer's residence in the District.
ii. The notice shall include:
1. a statement that service will be terminated;
2. the date of termination;
3. and the reason for termination.
3. In the event the termination is based upon failure to pay a delinquent bill, then the notice
shall also include:
i. a statement that in the event the consumer desires to object to a delinquent bill on ac-
count of clerical error or other billing irregularity, the consumer much notify the des-
ignated representative of the District of such objection; and the notice shall contain
the name, mailing address and telephone number of the designated representative.
Such statement shall read as follows: You are advised that the District's utility opera-
tor (operator's name, address, and telephone number) may make an adjustment of a
utility bill if there is a clerical error or other billing irregularity. If your bill contains
an error, notify the operator at once. If the operator is unable to adjust your bill, your
service will not be terminated until the District's Board of directors considers the
matter. You will be notified of the time, date, and place of the meeting at which the
matter will be considered. You may present your objections to the Board of Directors
at that time.
Policy and Rates For Sewer Services
Revised, October 2015
Page 2
4. Adjustment of bill by designated representatives:
i. The District's designated representative for purposes of this Section is Gulf Coast
Waste Disposal Authority, 910 Bay Area Boulevard, Houston, TX 77058, telephone
713/488-4115, or any other person or entity so designated by the Board.
ii. The designated representative is authorized to receive and consider consumer objec-
tions presented in accordance with Art. II(C)(4) and to make adjustments in a con-
sumer's billing to correct clerical errors or other billing irregularities.
iii. The designated representative is not required to make an adjustment in any particular
case; any consumer objection received pursuant to this Section and not adjusted by
the designated representative to the satisfaction of the consumer shall be referred for
a hearing in a meeting of the Board of Directors.
5. Hearing before Board of Directors:
1) In the event a consumer objection is referred to the Board pursuant to Subsection Art.
II(C)(4)(iii), the termination of service shall be held in abeyance until further order of
the Board.
2) The consumer shall be given notice, at least seventy-two (72) hours in advance, of the
time, date and place of the meeting at which the Board will consider the consumer
objection.
3) At such meeting, the Board shall consider all matters set forth by the consumer, and
take such action, including termination of service, as it deems advisable.
4) The costs to the District of disconnection and reconnection of a consumer's service,
including any legal and clerical expenses incurred by the District, together with any
delinquent bills, shall be paid by the consumer in advance of restoration of service
when service has been terminated pursuant to this Section.
6. Emergency Relief. In the event of an emergency, the District may immediately suspend the
wastewater treatment service of a user when such suspension is necessary, in the opinion of
the Board ofthe District, in order to stop or prevent an actual or threatened discharge that
presents an imminent or substantial endangerment to the health or welfare ofpersons, to the
environment, or to the Waste Disposal System ofthe District, or which would cause the efflu-
ent from the plant to exceed discharge parameters. The District may immediately suspend
the wastewater treatment service of a user when such suspension is necessary, in the opinion
ofthe Board ofthe District to prevent contamination ofsludge from the plant. The District
shall reinstate the wastewater service upon proof of the elimination ofthe noncomplying dis-
charge. Such disconnection and reconnection shall be at the expense ofthe user. The Dis-
Policy and Rates for Sewer Services
Revised, October 2015
Page 3
trict may permanently disconnect any user showing a history offlagrant or habitual viola-
tion of this Order Establishing Policy and Rates for Sewer Services..
D. Request for sewer service. Every person requesting sewer service from the District shall so
notify the District's operator, and shall also obtain a service application from said operator and be
approved by the Board of Directors of the District. After notification and after approval of the
Board, the person requesting said service shall request either that the operator make a tap on the Dis-
trict's sewer line or that the operator give permission for a particular plumber to complete the sewer
tap. After the tap has been completed, the applicant shall notify the District's operator, who shall
make an inspection of the tap before sewer service is commenced.
E. Deposit to secure payment. The District shall charge a $250.00 deposit from any consumer
who has had his service discontinued for failure to pay a bill. Such deposit is solely to secure the
payment of charges established by this Order. Upon termination of service, the District shall apply
the deposit on hand to the unpaid service charges of the consumer, and the excess, if any, will be
paid to the consumer. No interest will be paid by the District on such deposit.
F. Refundable sewer connection deposit. The District's operator is hereby given authority to re-
quire any residential consumer requesting a sewer connection from the District to post a deposit with
the District of $50.00. The District's operator is hereby given authority to require any commercial
consumer requesting a sewer connection from the District to post a deposit with the District of
$500.00. Such deposit is solely to secure the payment of charges for sewer connection inspections
and compliance with this Order. Such deposit shall be paid when a consumer applies for a sewer tap.
Upon completion of the requested sewer connection and approval by the District's operator, the Dis-
trict shall refund the deposit to the consumer. No interest will be paid by the District for such depos-
it.
G. Deposit to secure payment for sewer service. The District operator is hereby given authority
to require persons requesting sewer service from the District to post a deposit with the District of
$75.00 for each connection to the District's system. Such deposit is solely to secure the payment of
charges established by this Order. Upon termination of service, the District shall apply the deposit
on hand to the unpaid service charges of the consumer, and the excess, if any, will be paid to the
consumer. No interest will be paid by the District on such deposit.
H. Returned Checks. If a consumer's check is returned by the bank, the consumer's bill paid by
such check shall be considered unpaid. A processing fee of $15.00 shall be charged to the consumer.
If the check was in payment of a delinquent bill as defined in Art. I(A)(2), and a termination notifica-
tion as specified in Art. II(C) has been previously delivered, the consumer shall be required to pay in
full all charges on the consumer's account by cashier's check or money order.
I. Nonrefundable Account Fee. The District's operator is hereby given authority to require per-
sons requesting sewer service from the District to remit a nonrefundable $10.00 fee for the estab-
lishment of an account with the District, said fee to be paid at the time of application.
J.
Policy and Rates for Sewer Services
Revised, October 2015
Page 4
ARTICLE III. Tap Charges
A. Tap Inspection Requirements. All connections to the District's water system shall be made by
the Operator for the District. All connections to the District's sewer system shall be made in accord-
ance with the District's Order Establishing Rules and Regulations Governing Water and Sanitary
Sewer Facilities, Service Lines and Connections (the "Sanitary Sewer Facilities"). No sewer connec-
tion or house lead shall be covered in the ground before a representative of the District has inspected
the connection. In the event a connection is made and covered without inspection by a representative
of the District, sewer service at such location shall be terminated. A fee of $15.00 for residential
consumers and $35.00 for commercial consumers shall be charged by the District for the expense of
making such inspection and an additional $15.00 fee shall be charged for each reinspection that may
be necessary. All roughed -in sewer plumbing and connections shall be plugged during construction
to prevent sand infiltration into the sewer system.
B. Commercial and residential sewer tap charges.
1. For purposes of this order, "commercial consumers" shall mean and include any office build-
ing, hotel, retail store, clubhouse, warehouse, service station, or other establishment render-
ing a service or offering a product for sale to the public; apartments, churches, schools, and
any and all establishments not generally considered a single-family residence.
2. For purposes of this order, "residential consumers" shall mean and include only single-family
residences.
3. The following charges shall be made for every tap or connection to the District's sewage col-
lection system by a commercial consumer within the District: $350.00 + costs of installation
(estimate may be obtained from operator).
4. The following charges shall be made for every tap or connection to the District's sewage col-
lection system by a residential consumer: $150.00 + costs of installation (estimate may be
obtained from operator).
5. The tap charges set out in numbers 4 and 5 above do not include the cost of the meter, meter
box or installation thereof, which costs are to be borne by the consumer.
6. All tap charges shown above shall be paid when application for the tap or connection is
made, and the request for service shall be held until such charges have been paid.
C. Maintenance and Repair.
1. It shall be the responsibility of each user to maintain the water and sewer lines from the point
of connection to the District's water and sewer system to the building served.
Policy and Rates for Sewer Services
Revised, October 2015
Page 5
2. If the District's operator discovers that a condition exists on the consumer's line that allows
infiltration of water into the system, the operator shall advise the consumer that the condi-
tion must be reminded within fourteen (14) days. If condition is not remedied or an exten-
sion is granted in writing, the consumer's service may be terminated.
ARTICLE IV. Rate for Service
A. Monthly rates for sewer services
1. The following rate per month shall be charged for sewer service furnished by the District
within the District in every instance in which a different charge is not expressly and clearly
provided for herein: $36.38 per month.
2. The following rate per month shall be charged for sewer service furnished by the District out-
side the District to every instance in which a different charge is not expressly and clearly
provided for herein: $62.49 per month.
3. The District reserves the right to charge differing rates to commercial consumers based on
special circumstances and differing impacts on a commercial customer's usage on the Dis-
trict's system, said rate to be set forth specifically in contracts between the District and com-
mercial consumers.
B. No reduced rate or free service. All consumers receiving sewer service from the District
shall be subject to the provisions of this Order and shall be charged the rates established in this
Order; no reduced rate or free service shall be furnished to any such consumer.
C. Penalty for failure to pay bill before delinquent. A charge of 10% of the amount of the
consumer's bill shall be added thereto when such bill has become delinquent as "delinquent" is
defined in Art.I(A)(2) of this Order.
ARTICLE V. Industrial or Commercial Waste
A. Industrial or Commercial Waste. The following policy regarding industrial or commercial
waste shall be effective: "Industrial waste" shall mean waste discharges (other than domestic sew-
age) of industries identified in the Standard Industrial Classification Manual, Office of Management
and Budget, 1972, as amended and supplemented, under the category "Division D -Manufacturing,"
and such other waste as the Administrator of the Environmental Protection Agency or its successor
agency, deems appropriate pursuant to 40 C.F.R. § 131.22, as amended and supplemented, or, as ap-
plicable, the Texas Water Commission, or its successor agency, deems appropriate pursuant to
§26.011 and §26.023, Texas Water Code, as amended and supplemented. "Commercial Waste"shall
mean the liquid and water carried waste resulting from any process or industry, manufacturing,
trade, business, or commercial enterprise, or any other process resulting in the discharge ofwaste
other than normal domestic wastewater, including any mixture of industrial waste with water or
normal domestic wastewater, and such other waste as the District deems appropriate. If any cus-
Policy and Rates for Sewer Services
Revised, October 2015
Page 6
tomer of the District's sanitary sewer system proposes to discharge industrial or commercial waste in
such system, the Board shall request the recommendation of the District's engineer and shall request
the recommendation of the District's engineer and shall establish rates and charges to provide for an
equitable assessment of costs whereby such rates and charges for discharges of industrial or commer-
cial waste correspond to the cost of waste treatment, taking into account the volume and strength of
the industrial, domestic, commercial waste and all other waste discharges treated, and techniques of
treatment required. Such rates and charges shall be an equitable system of cost recovery which is
sufficient to produce revenues, in proportion to the percentage of industrial or commercial wastes
proportionately relative to the total waste load to be treated by the District for the operation and
maintenance of the treatment works, for the amortization of the District's indebtedness for the cost of
such treatment works, and for such additional costs as may be necessary to assure adequate waste
treatment on a continuing basis. The Board shall also request the recommendation of the District's
Engineer and shall require pretreatment of any industrial or commercial waste which would other-
wise be detrimental to the treatment works or to its proper and efficient operation and maintenance
or will prevent the entry of such industrial or commercial waste into the treatment plant by directing
at the Board's sole discretion, any customer to secure private disposal of industrial or commercial
waste form a licensed operator.
ARTICLE VI. Miscellaneous
A. Savings. If any word, phrase, clause, paragraph, sentence, part, portion or provisions of this
order or the application thereof to any person or circumstance shall ever be held by a Court of com-
petent jurisdiction to be invalid or unconstitutional, the remainder of this Order shall nevertheless be
valid, and the Board declares that this Order would have been adopted without such invalid or un-
constitutional word, phrase, clause, paragraph, sentence, part, portion or provision.
Policy and Rates for Sewer Services
Revised, October 2015
Page 7
Exhibit "E"
ARTICLE IV. - SEWER SERVICEL'
Footnotes:
--(3) ---
Cross reference— Plumbing code, § 18-461 et seq.; maintenance of private sewer lines, § 42-63;
sewage and mobile home parks, § 58-145.
Sec. 98-90. - Plumbing connections to sewer lines.
All plumbing fixtures installed within a structure, whether residential or nonresidential, shall be
connected to sewer lines that discharge into a public sewer system if such line lies within 300 feet of other
approved means of disposal. Plumbing fixtures not connected to a public sewer system shall be
connected to an approved sewage disposal system. Such private sewage disposal system shall be
constructed and repairs or additions made in accordance with the applicable regulations of the city. No
sewage from a plumbing system shall be discharged into state waters, unless specially approved by the
authority having jurisdiction in accordance with state law.
(Ord. No. 11,803, § 18, 11-21-11)
Sec. 98 91. Sewer service charge.
(a) Residential dwelling units. The sewer service charge for residential dwelling units shall be as
follows:
(1) Individually metered for water consumption. Each residential dwelling unit individually metered
and billed for the consumption of water shall be charged for and shall owe each month a sewer
service charge based upon the consumption of water attributed to it as determined by article III
of this chapter relating to water charges, applied to the following usage and the rate schedule
for sewer service:
Wastewater Service—Rate Schedule
Individually Metered Single -Family Residential
Inside City Outside City
Base Facility Charge:
Per dwelling unit $7.53 $15.05
Customer Charge:
? Per bill issued $3.62 $7.24
Page 1
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
Over 2,000-12,000 gallons per unit
-- Over 12,000 gallons per unit
$2.60
$5.63
No charge
$3.91
$8.45
No charge
(2) Jointly metered for water consumption. Multifamily dwelling unit projects not individually
metered for water shall be charged for and shall owe each month a sanitary sewer charge
based upon consumption of water attributed to it as determined by article III of this chapter
relating to water charges applied to the following usage and the rate schedule for sewer service:
Wastewater Service—Rate Schedule
Multifamily Residential Master Meter Service
Inside City Outside City
Base Facility Charge: j
f
Per dwelling unit $7.53 $15.05
Customer Charge:
Per bill issued $3.62 $7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit $2.60 $3.91
Over 2,000 gallons per unit j $5.63 $8.45
Unit = Constructed, regardless of whether occupied.
(b) Commercial units. Each commercial unit shall be charged for and shall owe each month a sanitary
sewer service charge based upon the consumption of water attributed to it, applied to the following
usage and the rate schedule for sewer service:
Page 2
Wastewater Service—Rate Schedule
Nonresidential Service
Inside CityOutside Cit
Base Facility Charge:
Per meter by meter size II
5/8 " x 3/," $7.53 $15.05
%" $11.31 $22.59
1" $18.83 $37.67
~ 1%2" $37.67 $75.32
2" $60.26 $120.51
3" $120.51 $241.02
4" $188.31 $376.60
6" $376.60 $753.21
8" $602.56 $1,205.13
10" $866.20 $1,732.37
Customer Charge:
Per bill issued $3.62 $7.24
Gallonage Charge (Per Thousand Gallons):
All use $5.63 $8.45
(c) Manufactured home parks. Manufactured home parks shall be charged for and owe a sanitary
sewer service charge based upon consumption of water attributed to it as determined by article III of
Page 3
this chapter relating to water charges applied to the following usage and the rate schedule for sewer
service:
Wastewater Service—Rate Schedule
Multifamily Residential Master Meter Service
Inside City Outside City
i
– — Base Facility Charge:
Per dwelling unit $7.53 i $15.05
Customer Charge:
Per bill issued $3.62 $7.24
Gallonage Charee (Per Thousand Gallons):
Up to 2,000 gallons per unit u $2.60 $3.91
Over 2,000 gallons per unit $5.63 $8.45
Unit = Total spaces, regardless of whether occupied.
(d) Volume users. A sanitary sewer service customer within the corporate limits who (i) qualifies for a
tax abatement under the city's tax abatement policy and (ii) uses more than 400,000 gallons of water
per day shall be charged and shall owe each month a sewer service charge based upon (i) the
consumption of water attributed to it as determined by article III of this chapter relating to water
charges; or (ii) the actual wastewater flow as determined by a metering system approved by the city.
Such charges shall be applied as follows:
Wastewater Service—Rate Schedule
High -Volume User Service
Base Facility Charge:
Per meter by meter size
5/8„X W,
With City
Water Service
Without City
Water Service
$7.53 $7.84
Page 4
(Code 1967, § 31-65; Ord. No. 944, § 2, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465,
§§ 1, 2, 9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, §
3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-
86; Ord. No. 5644, §§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92;
Ord. No. 6777, §§ 2, 3, 9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord.
No. 8061, § 2, 9-11-97; Ord. No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No.
9225, §§ 3, 4, 9-13-01; Ord. No. 9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord.
No. 9869, §§ 4, 5, 9-9-04; Ord. No. 10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3-5, 9-14-06;
Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord. No. 10,962, §§ 35, 9-22-08; Ord. No. 11,308, § 6,2-
25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No. 11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-
13; Ord. No. 12,624, § 2, 8-28-14)
Page 5
Y411
$11.31
$11.74
1"
$18.83
$19.58
1Y"
$37.67
$39.17
2"
$60.26
$120.51
$188.31
$62.66
3"
$125.32
$195.84
$391.66
$626.66
4"
6"
$376.60
$602.56
$866.20
8"
10"
$900.84
Customer Charge:
Per bill issued
$3.62
$3.77
Gallonage Charge (Per Thousand Gallons):
All use
i
$4.17
$4.32
(Code 1967, § 31-65; Ord. No. 944, § 2, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465,
§§ 1, 2, 9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, §
3, 9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-
86; Ord. No. 5644, §§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92;
Ord. No. 6777, §§ 2, 3, 9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord.
No. 8061, § 2, 9-11-97; Ord. No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No.
9225, §§ 3, 4, 9-13-01; Ord. No. 9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord.
No. 9869, §§ 4, 5, 9-9-04; Ord. No. 10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3-5, 9-14-06;
Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord. No. 10,962, §§ 35, 9-22-08; Ord. No. 11,308, § 6,2-
25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No. 11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-
13; Ord. No. 12,624, § 2, 8-28-14)
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Sec. 98-92. - Charge for users without water or outside city.
(a) Users without water A person not connected to the city waterworks system shall be billed monthly
by the utility billing division for sanitary sewer services at a rate determined by the utility billing
supervisor, which rate shall be consistent with the regular sewer service charge of similar type
premises or users receiving service from the city. If a person desiring service uses water or
maintains premises in such a manner that a similar type user or premises cannot be found, the utility
billing supervisor may recommend for approval to the city council such service charge and conditions
as he deems appropriate.
(b) Users outside city limits.
(1) A person outside the city limits and authorized by the director of utilities to receive sewer
service from the city shall pay a monthly sewer service charge equal to:
a. The sum of:
1. Two times the city's minimum monthly rate for users within the corporate limits and
2. One and one-half times the rate for any additional usage charged to a user situated
within the corporate limits, except that the maximum charge specified in subsection
98-91(b)(1) shall not be applicable; or
b. Any other amount as may be otherwise established and approved in writing by the city
council pursuant to a wastewater disposal agreement.
(2) A person outside the city limits and not connected to the city waterworks system shall be billed
monthly by the utility billing division for sanitary sewer services at a rate determined by the utility
billing supervisor that produces a charge of twice the city's minimum charge and 1'/z times the
rate for additional charges, such charges to be based upon the regular sewer service charge of
similar type premises or users receiving service from the city within the city limits, except that
the maximum charge specified in subsection 98-91(b)(1) shall not be applicable.
(Code 1967, § 31-65.1; Ord. No. 2209, § 1, 4-14-77; Ord. No. 2426, § 2, 3-9-78; Ord. No. 3824,
§ 1, 4-12-84; Ord. No. 6836, § 2, 10-10-93; Ord. No. 7622, § 2, 2-8-96; Ord. No. 9869, § 6, 9-9-
04; Ord. No. 10,704, § 5, 9-13-07)
Sec. 98-93. - Billing; payment; penalty; discontinuance of service.
(a) For convenience of collection, the sewer service charge shall be added to the monthly water bills
prepared by or for the city, and collection of the charge shall be made by the utility billing division at
the time of payment of the monthly water bill covering service to a residence, apartment project,
business or other enterprise of whatsoever nature. Employees or agents of the city shall not accept
payment of the water bill from any such owner, occupant, tenant or lessee without collecting the full
amount of the bill, including the sanitary sewer service charge.
(b) If the sewer service charge is not paid by the due date shown on the customer's water bill, the
customer shall be charged a late charge in the amount of ten percent of the amount of such sewer
charge, which shall be shown as the gross amount on such bill; if not paid by the next billing date,
such gross amount will be shown in arrears on the customer's bill for the next month following. If the
total amount of the following month's sanitary sewer charges, including arrears and current sanitary
sewer service, is not paid by the due date specified on such month's bill, ten percent of the following
month's sewer service charge shall be added as a late charge, and the total of the two months'
charges will then be in arrears. A notice will be sent to a customer showing the total amount due and
specifying a cutoff date for the discontinuance of water service or sewer service. If the account is not
paid in full by such cutoff date, the city shall reserve the right to cut off and discontinue water service
and sewer service until all past due charges have been paid, together with applicable reconnection
charges.
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(c) A person not connected to the city waterworks system and not owing water service charges will be
billed by the utility billing division for sanitary sewer services on an individual basis.
(Code 1967, § 31-66; Ord. No. 944, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70)
Sec. 98-94. - Tapping fees.
(a) The utility billing division shall assess and collect a sewer tap fee of $600.00 for a short side sewer
tap and $650.00 for a long side sewer tap for each and every four -inch sewer tap made within the
city limits. All other taps (six inches and larger) and other special connections shall be made by a
plumbing contractor or, at the city's option, at the estimated actual cost as determined by the utility
billing manager with consultation of the director of utilities.
(b) The owner may, at his option and expense, have any four -inch sewer tap made by a licensed
master plumber. A sewer tap permit shall be obtained by application with the plumbing inspector. No
fee will be charged by the city for such a sewer tap. The sewer tap is subject to inspection by the
plumbing inspector and must be constructed according to the city engineer's specifications for sewer
taps.
(c) Any person who taps a sewer line without a permit or in violation of this section shall be punished as
provided in section 1-14.
(d) If a person pays for a sewer tap and fails to have the tap made within one year from the date such
tap fee is paid, the city shall not allow the sewer tap to be made unless the person requesting the tap
pays such additional amount necessary to increase the original payment to the current cost of a
sewer tap.
(Code 1967, §31-67; Ord. No. 944, § 5,11-7-68; Ord. No. 1015, §3,2-12-70; Ord. No. 1752,
§§ 3,4,2-27-75; Ord. No. 2061, § 1, 8-12-76; Ord. No. 2356, § 1, 10-27-77; Ord. No. 2738, § 3,
9-27-79; Ord. No. 2974, § 2, 9-25-80; Ord. No. 3628, § 2, 5-26-83; Ord. No. 5644, § 3, 9-27-90;
Ord. No. 9226, § 2, 9-13-01; Ord. No. 11,308, § 7, 2-25-10)
Sec. 98-95. - Water bypassing sewer system.
A person shall not be charged for sewer service based on water consumption, as delineated in this
article, where such user has a facility not discharging into the city's sanitary sewer system and metered
under sections 98-63 and 98-64.
(Code 1967, § 31-68; Ord. No. 3317, § 2, 2-11-82)
Secs. 98-96-98-125. - Reserved.
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