Ordinance No. 1,128ORDINANCE NO. 1128
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER
34, WASTE DISPOSAL, SO AS TO REPEAL THE PROVISIONS
OF SUCH CHAPTER AS PRESENTLY CONSTITUTED, AND TO SUB -
SITUTE IN ITS PLACE THE PROVISIONS OF A NEW CHAPTER
34 TO BE ENTITLED "INDUSTRIAL WASTE ORDINANCE "; CON-
TAINING DEFINITIONS, ESTABLISHING REQUIREMENTS FOR
PERMITS, CONTROL CHAMBERS, VOLUME OF WASTE, AND
SAMPLING OF WASTES; PROVIDING FOR DISCONNECTION FOR
FAILURE TO PAY BILLS; ESTABLISHING RIGHT OF ENTRY
OF CITY EMPLOYEES AND PROVIDING A PENALTY FOR FAILURE
TO PAY BILLS; REPEALING ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY CLAUSE, AND PROVIDING FOR THE PUBLICATION
AND THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the amendment of Chapter 34,
Waste Disposal, so as to repeal the provisions of such chapter
as presently constituted, and to substitute in its place new
provisions which shall read as follows, to -wit:
CHAPTER 34
INDUSTRIAL WASTE ORDINANCE
Section 34 -1. DEFINITIONS.
For the purposes of this article the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
(1) B.O.D. "B.O.D." (denoting biochemical oxygen demand)
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter by standard methods procedure in
five days at twenty degrees centigrade expressed in parts per
million by weight.
(2) Building (house) drain. "Building (house) drain" shall
mean that part of the lowest horizontal piping of a drainage
system which receives the discharge from soil, wastes, and other
drainage pipes within the walls of the building, and conveys, it
to the building sewer, beginning three feet outside the inner
face of the building wall or foundation.
(3) Building (house) sewer. "Building (house)sewer" shall mean
the extension from the building drain to the sewer lateral at the
property line or other lawful place of disposal.
(4) Domestic sewage. "Domestic sewage" shall mean water
borne wastes normally discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels), office
buildings, factories and institutions, free from storm surface
water and industrial wastes. Normal domestic sewage shall
mean "normal" sewage for Baytown, in which the average concen-
tration of suspended materials and five -day B.O.D. is established
at 250 parts per million each, by weight, on the basis of the
normal daily contribution of twenty -seven hundredths pounds per
capita, per 100 gallons.
(5) Garbage. "Garbage" shall mean solid wastes from the
preparation, cooking and dispensing of food, and from the handling,
storage and sale of produce.
(6) Industrial wastes. "Industrial wastes" shall mean all
water borne solids, liquids or gaeous wastes resulting from any
industrial, manufacturing or food processing operation or process,
or from the development of any natural resource, or any mixture
of these with water or domestic sewage as distinct from normal
domestic sewage.
(7) Properly shredded garbage. "Properly shredded garbage"
shall mean the wastes from the preparation, cooking and dispensing
of food, exclusive of egg shells, bones, etc., that have been
shredded to such degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers,
with no particles greater than one -half inch in any dimension.
(8) Public sewer. "Public sewer" shall mean a sewer in which
all owners of abutting properties shall have equal rights, and is
controlled by public authority.
(9) Rigid_base pavement. The term "rigid base pavement" is
defined as any concrete pavement of Portland cement or asphaltic
concrete base pavement, concrete driveway, walk, curb or gutter.
(10) Sanitary sewer. "Sanitary sewer" shall mean a public
sewer which carries sewage and to which storm, surface and ground
water are not intentionally admitted.
(11) Sewage treatment plant. "Sewage treatment plant" shall
mean any city owned facility, devices and structures used for re-
ceiving and treating sewage from the city sanitary sewer system.
(12) Sewage. "Sewage" shall mean a combination of the water - carried
wastes from residences, business buildings, institutions and
industrial establishments.
(13) Sewage works. "Sewage works" shall mean all facilities
for collecting, pumping, treating and disposing of sewage.
(14) Sewer. "Sewer" shall mean a pipe or conduit for carrying
sanitary sewage.
(15) Standard methods. "Standard methods" shall mean the
laboratory procedures set forth in the latest edition, at the time
of analysis, of Standard Methods for the Examination of Water and
Sewage, as prepared, approved and published jointly by the American
Public Health Association, the American Water Works Association and
the Water Pollution Control Federation.
(16) Storm sewer, storm drain. "Storm sewer" or "storm drain"
shall mean a sewer which carries storm and surface waters and
drainage, but excludes sewage and polluted industrial wastes.
(17) Director. "Director" shall mean the director of Public
Works department of the city, or his authorized deputy, agent or
representative.
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(18) Suspended solids. "Suspended solids" shall mean solids
that either float on the surface of, or are in suspension in
water, sewage or other liquids; and which, in accordance with
standard methods, are removable by laboratory filtering.
(19) Unpolluted water or waste. "Unpolluted water or waste"
shall mean any water or waste containing none of the following:
Free or emulsified grease or oil; acid or alkali; phenois, or
other substances imparting taste and odor in receiving water;
toxic poisonous substances in suspension, colloidal state or
solution; and noxious or odorous gases. It shall contain not
more than ten parts per million each of suspended solids and
B.O.D. The color shall not exceed fifty parts per million.
Section 34 -2. CERTAIN WASTES PROHIBITED IN SANITARY SEWERS.
(1) No person shall discharge, or cause to be discharged, any
storm water, ground water, roof run -off, sub - surface 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, blow -off pipes or cooling
water from various equipment, shall not be discharged into sanitary
sewers if a closed storm sewer is available. If a closed storm
sewer is not available, it may be discharged into the sanitary
sewer by an indirect connection whereby such 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.
(2) No person shall discharge, or cause to be discharged, into
any public sewer any of the following described substances, ma-
terials, waters or wastes:
a. Any liquid or vapor having a temperature higher
than one hundred and fifty degrees Fahrenheit (sixty -five degrees
Centigrade).
b. Any water or wastes which contain wax, grease or oil,
plastic or other substance that will solidify or become discrenibly
viscous at temperatures between thirty -two degrees to one hundred
and fifty degrees Fahrenheit.
c. Flammable or explosive liquid, "solids or gas ", such
as gasoline, kerosene, benzeine, naphtha, etc.
d. Solid or viscous substances in quantities capable of
causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers,
tar, plastics, wood, whole blood, paunch manure, hair and fleshings,
entrails, lime slurry, lime residues, slops, chemical residues,
paint residues or bulk solids.
e. Any garbage that has not been properly comminuted or
shredded. If properly comminuted or shredded, then it may be
accepted under provisions established in section 34 -3.
f. Any noxious or malodorous substance which can form
a gas, which either singly or by interaction with other wastes,
is capable of causing objectionable odors; or hazard to life; or
forms solids in concentrations exceeding limits established in
this article; or creates any other condition deleterious to
structures or treatment processes; or requires unusual provisions,
attention, or expense to handle such materials.
(3) Except in quantities, or concentrations, or with pro-
visions as stipulated herein, it shall be unlawful for any person
to discharge waters or wastes to the sanitary sewer containing:
a. Free or emulsified oil and grease exceeding on
analysis an average of 100 parts per million (833 pounds per
million gallons) of either or both or combinations of free or
emulsified oil and grease, it, in the opinion of the director,
it appears probable that such wastes:
i. Can deposit grease or oil in the sewer lines
in such a manner as to clog the sewers;
ii. Can overload skimming and grease handling
equipment;
iii. Are not amendable to bacterial action and will
therefore pass to the receiving waters without being affected by
normal sewage treatment processes; or
iv. Can have deleterious effects on the treatment
process due to the excessive quantities.
b. Acids or alkalies which attack or corrode sewers or
sewage disposal structures, or have a pH value lower than 5.5 or
higher than 10.5.
c. Salts of the heavy metals, in solution or suspensions,
in concentrations exceeding the following:
Chromium as Cr...... 3 parts per million
Copper as Cu........
3
parts
per
million
Zinc as Zn..........
3
parts
per
million
Nickel as Ni........
3
parts
per
million
Cadmium as Cd.......
3
parts
per
million
or elements which will damage collection facilities or are detri-
mental to treatment processes.
d. Cyanides or cyanogen compounds capable of liberating
hydrocyanic gas on acidification in excess of two parts per
million by weight as CN in the wastes from any outlet into the
public sewers.
e. Radioactive materials in a manner which will permit
a transient concentration higher than one hundred microcuries per
liter.
f. Materials which exert or cause:
i. Unusual concentrations of solids or composition;
as for example, in total suspended solids of inert nature (such
as Fuller's Earth) or in total dissolved solids (such as sodium
sulfate) ;
ii. Excessive discoloration
iii. Unusual biochemical oxygen demand or an immediate
oxygen demand;
iv. High hydrogen sulfide content; or
v. Unusual flow and concentration;
shall be pretreated to a concentration acceptable to the city, if
such wastes can (a) cause damage to collection facilities, (b)
impair the processes, (c) incur treatment cost exceeding those of
A
normal sewage, or (d) render the water unfit for stream disposal
or industrial use. Where discharge of such wastes to the sanitary
sewer are not properly pretreated or otherwise corrected the di-
rector may (a) reject the wastes or terminate the service of
water or sanitary sewer, (b) require control of the quantities
and rates of discharge of such wastes, or (c) require payment of
surcharges for excessive cost for treatment provided such wastes
are amenable to treatment by normal sewage plant facilities
operated by the city.
(4) No person shall discharge waste from portable toilets
except in conformity with this section:
a. Waste from tank trucks servicing portable toilets
may only be discharged into Sewer Treatment Plant.
b. Tickets for the discharge of such waste material
must be obtained at the city hall. Tickets for tank trucks with
a maximum capacity of 1,000 gallons shall be $2.00 each.
c. Tank trucks may discharge into the sewer treatment
plants indicated in subsection (a) above upon presentment of a
valid ticket.
DIVISION 2. USE FOR INDUSTRIAL WASTES GENERALLY
Section 34 -3. PRETREATMENT.
(1) Persons or owners discharging industrial wastes which
exhibit any of the prohibited wastes set out in section 34 -2
shall pretreat or otherwise dispose of such industrial waste to
make the remaining waste acceptable to the city water utilities.
(2) Persons or owners discharging industrial wastes which
exhibit none of the characteristics of wastes prohibited in
section 34 -2 other than excessive B.O.D. or suspended solids but
having a concentration for a duration of fifteen greater than
four times of "normal" sewage as measured by suspended solids
and biochemical oxygen demand (B.O.D.) or a concentration during
a twenty -four hour period average of suspended solids or B.O.D.
content in excess of "normal" sewage as defined in section 34 -1
as "normal" domestic sewage shall be required to pretreat the
industrial wastes to meet the requirements of "normal" sewage;
however, such wastes may be accepted for treatment if all the
following requirements are met:
system.
a. The wastes will not cause damage to the collection
b. The wastes will not impair the treatment processes.
c. The donor of the wastes enters into a contractual
agreement with the city providing for a surcharge over and above
published water and sewer rates. The basis for surcharge on
industrial wastes is a capital and operating cost of $0.063/
parts per million /million gallons, for the suspended solids and
B.O.D. (biochemical oxygen demand) exceeding "normal" sewage,
such rate to continue until changed by action of the city council.
Any person who refuses to comply with, or who resists or
willfully violates section 34 -2, or who refuses to comply with
the provisions of this section, shall be served by the director
with a written notice stating the nature of the violation and
providing a reasonable time limit for satisfactory correction
thereof. Any person who shall continue any violation beyond the
time limit shall be guilty of violation of his service contract
and shall be summarily disconnected from the sanitary sewer
and /or water service, such disconnection and reconnection to be
at total expense to the customer. Where acids or chemicals
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damaging to sewer lines or treatment processes are released to
the sewer causing rapid deterioration of these structures or
interfering with proper treatment of sewage, the director is
authorized to immediately terminate service by such measures as
are necessary to protect the facilities.
Section 34 -4. APPLICATION FOR PERMIT.
In order to control the admission of industrial wastes in
the public sewer, any person desiring to deposit or discharge an
industrial waste mixture into the sewers or sewer works of the
city, or any sewer connected therewith, or who is now so doing,
shall make application to the director within one hundred and
twenty days from the date of passage of this section for a permit
therefor, upon application forms to be obtained from him.
Section 34 -5. CONTROL CHAMBERS.
Within one year from the date of passage of this section,
any person discharging or desiring to discharge an industrial
waste mixture into the sewers or sewer works of the city, or
any sewer connected therewith, shall provide and maintain in
a suitable accessible position on his premises, or such premises
occupied by him, an inspection chamber, or manhole, near the
outlet of each sewer, drain, pipe, channel or connection which
communicates with any sewer works of the city, or any sewer
connected therewith.
Every such manhole, or inspection chamber, shall be of such
design and construction as to prevent infiltration by ground and
surface waters or introduction of slugs of solids by the instal-
lation of screens with maximum openings of one inch but of
sufficient fineness to prevent the entrance of objectionable
slugs of 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 re-
quired by this article, shall be approved by the director prior
to the beginning of construction.
Section 34 -6. VOLUME OF WASTE.
When the public water supply is used exclusively, the water
consumption during the previous month, as determined from the
meter records of the water utilities department, shall be the
valid basis for computing a sewage flow, unless actual sewage
flow is measured by a recording meter of a type to be approved
by the director. The owner shall maintain such device in proper
condition to accurately measure such flow. Upon failure to do
so, the water consumption shall be basis for charges.
In cases where all or part of the water consumed is obtained
from private supplies, well, etc., such person shall provide and
maintain at all times suitable metering devices, approved by the
director, in connection with all sources of private water unless
the control manhole provided for in the preceding section shall
be equipped with an approved volume measuring device. The volume
of private water consumed during the previous month, together with
the consumption of public water as determined from the records of
the water utilities department, shall be the basis for computing
the sewage volume, or the owner may install at his expense an
approved metering device to accurately measure sewage flow as
before mentioned.
When water is contained in a product, or is evaporated, or
is discharged as unpolluted waste in an uncontaminated condition
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to surface drainage, an application may be made for a reduction
in the volume of waste discharged to the public sewer; provided,
that supporting data satisfactory to the director is furnished.
This data shall include a flow diagram, destination of the water
supply or wastes, supported by submetering data installed on such
process piping at the expense of the private owner.
Section 34 -7. SAMPLING OF WASTES.
Sampling of the effluent or waste discharges may be accom-
plished 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 intervals to be established
by the contractual agreement between the owner and the director,
or at such intervals as determined by the director as necessary
to maintain a control over the discharges from the establishment.
The method used in the examination of all industrial wastes to
determine suspended solids, B.O.D. and prohibited wastes shall be
those set forth in section 34 -1.
Section 34 -8. DISCONNECTION FOR FAILURE TO PAY BILLS.
Failure to pay monthly bills for water or sanitary sewer
service when due or failure to pay the established surcharge for
industrial wastes when due, or repeated discharge of prohibited
wastes to the sanitary sewer, shall be sufficient cause to dis-
connect all services to the water and sanitary sewer mains of
the city water utilities, and the same penalties and charges
now or hereafter provided for by the provisions of this Code or
other ordinances of the city for failure to pay the bills for
water service when due shall be applicable in like manner in
case of failure to pay the established surcharge for industrial
waste discharged to the sanitary sewer mains as established in
section 34 -3.
Section 34 -9. RIGHT OF ENTRY OF CITY EMPLOYEES.
The water director and other duly authorized employees of
the city acting as his duly authorized agent and bearing proper
credentials and identification, shall be permitted to gain access
to such properties as may be necessary for the purpose of in-
spection, observation, measurement, sampling and testing in
accordance with the provisions of this article.
Section 34 -10. PENALTY FOR FAILURE TO PAY BILLS.
The schedule of charges and charges for disconnection provided
for in this article shall be deemed an essential part of any
service rendered by the water utilities department. Failure to
pay the monthly bills, when due, or repeated discharge of prohi-
bited wastes to the sanitary sewer, shall be sufficient cause to
disconnect any and all services to the water mains of the water
utilities department, and the same penalties and charges provided
by the provisions of this Code and other ordinances of the city
for failure to pay the bills for water service when due shall be
applicable in like manner in case of failure to pay the established
charge for sanitary sewer service as herein provided.
Section 2: Repealing Clause: All ordinances or parts
of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only
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to the extent of such inconsistency and in all other respects
this ordinance shall be cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 3: Savings Clause: If any provisions, section,
exception, subsection, paragraph, sentence, clause or phrase of
this ordinance or the application of same to any person or set
of circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all pro-
visions of this ordinance are declared to be severable.
Section 4: Penalty Clause: Any person who violates
any provision or provisions of this ordinance shall be punished by
a fine of not more than TWO HUNDRED ($200,00) DOLLARS, and each
violation shall constitute a separate offense.
Section 5: This ordinance shall take effect from and
after ten (10) days after its passage by the City Council. The
City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10)
days after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, this the 7th day of
October , 1971.
ATTEST:
EDNA OLIVER, City Clerk
APPROVED:
e. C4� Q��A
C. GLEN WALKER, Mayor
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