Ordinance No. 1,765ORDINANCE NO. 1765
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ALL ORDINANCES, OR PARTS OF ORDINANCES,
OR AMENDMENTS THERETO, THAT CONFLICT WITH THE TERMS OR
CONDITIONS OF THIS ORDINANCE AND ENACTING IN LIEU
THEREOF A NEW ORDINANCE, REGULATING DEPOSIT OF WASTE
INTO THE PUBLIC SEWERS AND REGULATING THE DISCHARGE OF
INDUSTRIAL WASTES INTO THE SANITARY SEWERS OF THE CITY
OF BAYTOWN, TEXAS; ESTABLISHING A SYSTEM OF CHARGES FOR
SERVICES RENDERED; REGULATING UNSEWERED AND MISCELLANEOUS
DISCHARGES; PROVIDING FOR A MAXIMUM PENALTY OF TWO
HUNDRED AND N0/100 ($200.00) DOLLARS FOR EACH ACT OF
VIOLATION AND FOR EACH DAY OF VIOLATION; CONTAINING A
SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
WHEREAS, the City of Baytown has provided facilities
for the collection and treatment of wastewater to promote
the health, safety, and convenience of its people and for
the safeguarding of water resources common to all; and
WHEREAS, provision has been made in the design, con-
struction and operation of such facilities to accommodate
certain types and quantities of industrial wastes in addition
to normal wastewater; and
WHEREAS, it is the obligation of the producers of
industrial waste to defray the costs of the wastewater
treatment services rendered by the City of Baytown in an
equitable manner and, insofar as it is practicable, in
proportion to benefits derived; and
WHEREAS, protection of the quality of the effluent and
proper operation of the wastewater collection and treatment
facilities and quality of effluent may require either the
exclusion, pretreatment, or controlled discharge at point of
orgin of certain types or quantities of industrial wastes;
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by repealing the provisions
of Chapter 34, "Waste Disposal," as presently constituted
and substituting in its place the provisions of a new Chapter
34, "Waste Disposal," which shall read as follows, to wit:
Article I. In General
Section 34-1. TANK TRUCK PERMIT.
No person shall deposit waste from tank trucks
directly into the public sewers of the City of Baytown.
All persons desiring to make tank truck deposits shall
use the wastewater treatment plant designated by the
Director of Public Works and no person except duly
authorized permittees shall be allowed to deposit waste
from tank trucks. Permits shall be obtained from the
Director of Public Works or his designee.
Section 34-2. TICKETS FOR USE BY PERSONS HOLDING TANK
TRUCK PERMITS.
Prior to depositing waste from tank trucks into
the wastewater treatment plant, the permittee or his
agent shall present a valid permit and the appropriate
number of tank truck tickets to the wastewater treatment
plant attendant. Said tickets may be obtained from the
Water Department of the City of Baytown. The cost of
the tank truck tickets shall be Seven Dollars and Fifty
Cents ($7.50) each. A minimum of one ticket shall be
presented for each tank truck dumping wastewater into
the wastewater treatment plant and one additional
ticket will be presented for each 1,000 gallons of the
capacity of the truck over 1,000 gallons.
Section 34-3--34-10. Reserved.
Article II. Industrial Waste Ordinance
Section 34-11. Definitions.
For the purpose of this Article the following
words and phrases shall have the meanings respectively
ascribed to them by this section.
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(1) "APPROVING AUTHORITY" means the City Manager
or his duly authorized representative.
(2) "B.O.D." (Biochemical Oxygen Demand) means
the quantity of oxygen by weight, expressed in
mg/1, utilized in the biochemical oxidation of
organic matter under standard laboratory con-
ditions for five (5) days at a temperature of
twenty (200) degrees centigrade.
(3) "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).
(4) "CITY" means the City of Baytown, Texas, or
any authorized person acting in its behalf.
(5) "C.O.D." (Chemical Oxygen Deman) means measure
of the oxygen consuming capacity of inorganic and
organic matter present in the water or wastewater
expressed in mg/l 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.
(6) "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.
(7) "CONTROL POINT" means a point of access to a
course of discharge before the discharge mixes
with other discharges in the public sewer.
(8) "DIRECTOR" means the Director of the Public
Works Department of the City, or his authorized
deputy, agent, or representative.
(9) "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.
(10) "INDUSTRIAL WASTE" means 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.
(11) "INDUSTRIAL WASTE CHARGE" means the charge
made on those persons who discharge industrial
wastes into the city's sewerage system.
(12) "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.
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(13) "NATURAL OUTLET" means any outlet into a
watercourse, ditch, lake, or other body of surface
water or groundwater.
(14) "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/l and B.O.D. is not more than
250 mg/l.
(15) "OVERLOAD" means the imposition of organic or
hydraulic loading on a treatment facility in
excess of its engineered design capacity.
(16) "PERSON" includes corporation, organization,
government or governmental subdivision or agency,
business trust, estate, trust, partnership association,
and any other legal entity.
(17) "pH" means the logarithm (Base 10) of the re-
ciprocal of the hydrogen ion concentration.
(18) "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 of Baytown, Texas.
(19) "SANITARY SEWER" means a public sewer that
conveys domestic wastewater or industrial wastes
or a combination of both, and into which storm
water, surface water, groundwater, and other
unpolluted wastes are not intentionally passed.
(20) "SLUG" means any discharge of water, waste-
water, or industrial waste which in concentration
of any given constituent or in quantity of flow,
exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times the
average twenty-four (24) hour concentration or
flows during normal operation.
(21) "STRONG ACID" means any substance with a pH
less than 6.0.
(22) "STORM SEWER" means a public sewer which
carries storm and surface waters and drainage and
into which domestic wastewater or industrial
wastes are not intentionally passed.
(23) "STORM WATER" means rainfall or any other
forms of precipitation.
(24) "SUSPENDED SOLIDS" means solids measured in
mg/l 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.
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(25) "TO DISCHARGE" includes to deposit, conduct,
drain, emit, throw, run, allow to seep, or other-
wise release or dispose of, or to allow, permit,
or suffer any of these acts or omissions.
(26) "TRAP" means a device designed to skim,
settle, or otherwise remove grease, oil, sand,
flammable wastes or other harmful substances.
(27) "UNPOLLUTED WASTEWATER" means water containing:
(a) no free or emulsified grease or oil;
(b) no acides or alkalis;
(c) no phenols or other substances producing
taste or odor in receiving water;
(d) no toxic or poisonous substances in
suspension, colloidal state, or solution;
(e) no noxious or otherwise obnoxious or
odorous gases;
(f) not more than an insignificant amount in
mg/l each of suspended solids and B.Q.D., as
determined by the Texas Water Quality Board;
and
(g) color not exceeding fifty (50) units as
measured by the Platinum -Cobalt method of
determination as specified in Standard Methods.
(28) "WASTE" means rejected, unutilized or superfluous
substances in liquid, gaseous, or solid form
resulting from domestic, agricultural, or industrial
activities.
(29)"WASTEWATER" means a combination of the watercarried
waste from residences, business buildings, institutions,
and industrial establishments, together with any
ground, surface, and storm water that may be
present.
(30) "WASTEWATER FACILITIES" includes all facilities
for collection, pumping, treating, and disposing
of wastewater and industrial wastes.
(31) "WASTEWATER TREATMENT PLANT" means any City -
owned facilities, devices, and structures used for
receiving, processing and treating wastewater, in-
dustrial waste, and sludges from the sanitary
sewers.
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(32) "WASTEWATER SERVICE CHARGE" means the charge
on all users of the public sewer system whose
wastes do not exceed in strength the concentration
values established as representative of normal
wastewater.
(33) "WATERCOURSE" means a natural or man-made
channel in which a flow of water occurs, either
continuously or intermittently.
Section 34-12. PROHIBITED DISCHARGES.
(A) 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 wastewater treatment plant effluent.
(B) All discharges shall conform to requirements
of this ordinance.
Section 34-13. CHEMICAL DISCHARGES.
(A) No discharge to public sewers may contain:
(1) cyanide greater than 1 mg/1;
(2) fluoride other than that contained in
the public water supply;
(3) chlorides in concentrations greater than
250 mg/1;
(4) gasoline, benzene, naphtha, fuel oil, or
other flammable or explosive liquid, solid or
gas; or
(5) substances causing an excessive Chemical
Oxygen Demand (C.O.D.).
(B) No waste or wastewater discharged to public
waters may contain:
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(1) strong acid, iron pickling wastes, or
concentrated plating solutions whether neu-
tralized or not;
(2) fats, wax, grease or oils, whether
emulsified or not, in excess of one hundred
(100) mg/1 or containing substances which may
solidify or become viscous at temperatures
between thirty-two (321) and one hundred
fifty (1500) degrees Fahrenheit (0 and 65°
Centigrade).
(3) objectionable or toxic substances,
exerting an excessive chlorine requirement,
to such degree that any such material re-
ceived in the composite wastewater at the
wastewater treatment works exceeds the limits
established by the Approving Authority for
such materials; or
(4) obnoxious, toxic, or poisonous solids,
liquids, or gases in quantities sufficient to
violate the provisions of Section 34-13(A).
(C) No waste, wastewater, or other substance may
be discharged into public sewers which has a pH
lower than 6.0 or higher than 9.0 or any other
corrosive property capable of causing damage or
hazard to structures, equipment, and/or personnel
at the wastewater facilities.
(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 Ap-
proving Authority. 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.
Section 34-14. HEAVY METALS AND TOXIC MATERIALS.
(A) No discharges may contain concentrations of
heavy metals greater than amounts specified in
Subsection (B) of this section.
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(B) 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 "Standard Methods"
are:
(1)
Arsenic
0.02
mg/l;
(2)
Barium
5.0
mg/1;
(3)
Boron
1.0
mg/l;
(4)
Cadmium
0.02
mg/l;
(5)
Chromium (Total)
5.0
mg/1;
(6)
Copper
1.0
mg/l;
(7)
Lead
0.1
mg/l;
(8)
Manganese
1.0
mg/1;
(9)
Mercury
0.005
mg/l;
(10)
Nickel
1.0
mg/l;
(11)
Selenium
0.02
mg/l;
(12)
Silver
0.1
mg/1;
(13)
Zinc
5.0
mg/1;
(C) No other heavy metals or toxic materials may
be discharged into public sewers without a permit
from the Approving Authority specifying conditions
of pretreatment, concentrations, volumes, and
other applicable provisions.
(D) Prohibited heavy metals and toxic materials
include, but are not limited to:
(1)
Antimony,
(2)
Beryllium,
(3)
Bismuth,
(4)
Cobalt,
(5)
Molybdenum,
(6)
Tin,
(7)
Uranylion,
(8)
Rhenium,
(9)
Strontium,
(10)
Tellurium,
(11)
Herbicides,
(12)
Fungicides,
(13)
Pesticides.
Section 34-15. GARBAGE.
(A) 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 (1/2") inch in any
dimension are prohibited.
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(B) The Approving Authority
and approve the installation
garbage grinder equipped with
fourths (3/4") horsepower (0.
greater.
is entitled to review
and operation of any
a motor of three -
76 hp metric) or
Section 34-16. STORM WATER AND OTHER UNPOLLUTED DRAINAGE.
No person shall discharge, or cause to be discharged,
any storm water, ground water, roof run-off, 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, 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 chapter.
Section 34-17. TEMPERATURE.
No person may discharge liquid or vapor having a
temperature higher than one hundred fifty (150°) degrees
Fahrenheit (65° Centigrade), or any substance which
causes the temperature of the total wastewater treatment
plant influent to increase at a rate of ten (100)
degrees Fahrenheit or more per hour, or a combined
total increase of plant influent temperature to one
hundred ten (110°) degrees Fahrenheit.
Section 34-18. RADIOACTIVE WASTES.
(A) No person may discharge radioactive wastes or
isotopes into public sewers without the permission
of the Approving Authority.
(B) The Approving Authority may establish, in
compliance with applicable state and federal
regulations, regulations for discharge of radio-
active wastes into public sewers.
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Section 34-19. IMPAIRMENT OF FACILITIES.
(A) No person may discharge into public sewers
any substance capable of causing:
(1) obstruction to the flow in sewers;
(2) interference with the operation of
treatment processes of facilities; or
(3) excessive loading of treatment facilities.
(B) Discharges prohibited by Section 34-19(A)
include, but are not limited to materials which
exert or cause concentrations of:
(1) inert suspended solids greater than 250
mg/1, including but not limited to:
(a) Fuller's earth;
(b) lime slurries;
(c) lime residues.
(2) dissolved solids greater than 250 mg/l,
including but not limited to:
(a) sodium chloride;
(b) sodium sulfate.
(3) excessive discoloration, including but
not limited to:
(a) dye wastes;
(b) vegetable tanning solutions;
(4) B.O.D, C.O.D., or chlorine demand in
excess of normal plant capacity.
(C) 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.
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(D) No person may discharge any substance into
public sewers which:
(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.
(E) The Approving Authority shall regulate the
flow and concentration of slugs when they may:
(1) impair the treatment process;
(2) cause damage to collection facilities;
(3) incur treatment costs exceeding those
for normal wastewater; or
(4) render the waste unfit for stream disposal
or industrial use.
(F) No person may discharge into public sewers
solid or viscous substances which may violate
Subsection (A) of this section 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;
(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;
(23) bulk solids.
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r".,
Section 34-20. COMPLIANCE WITH EXISTING AUTHORITY.
(A) Unless exception is granted by the Approving
Authority, the public sanitary sewer system shall
be used by all persons discharging:
(1) wastewater;
(2) industrial waste;
(3) polluted liquids.
(B) Unless authorized by the Texas Water Quality
Board, 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;
(4) other area within the jurisdiction of
the City.
(C) The Approving Authority shall verify prior to
discharge that wastes authorized to be discharged
will receive suitable treatment within the pro-
visions of laws, regulations, ordinances, rules
and orders of federal, state and local governments.
Section 34-21. APPROVING AUTHORITY REQUIREMENTS.
(A) If discharges or proposed discharges to
public sewers may:
(1) cause damages to collection facilities;
(2) impair the processes;
(3) incur treatment cost exceeding those of
normal sewage;
(4) render the water unfit for receiving
waters or industrial use;
(5) create a hazard to life or health; or
(6) create a public nuisance;
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the Approving Authority shall require:
(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 waste are amenable
to treatment by normal sewage plant facilities
operated by the City.
(B) The Approving Authority is entitled to determine
whether a discharge or proposed discharge is
included under Subsection (A) of this section.
(C) The Approving Authority 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 re-
quirements of Subsection (A) of this section.
Section 34-22: APPROVING AUTHORITY REVIEW AND APPROVAL.
(A) If pretreatment or control is required, the
Approving Authority 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.
Section 34-23. REQUIREMENTS FOR TRAPS.
(A) Discharges requiring a trap should include
grease or waste containing grease in excessive
amounts, oil, sand, flammable waste and other
harmful ingredients.
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(B) Any person responsible for discharges re-
quiring a trap shall, at his own expense and as
required by the City, provide plans and speci-
fications for equipment and facilities of a design
type and design capacity approved by the City
Engineer and by the Director of Public Works. He
shall locate the trap in a manner that provides
easy accessability 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 (City Engineer, Director of Public Works,
and Chief Inspector) before any service connections
are made.
Section 34-24. REQUIREMENTS FOR BUILDING SEWERS.
Any person responsible for discharge through a
building sewer carrying industrial wastes shall, at his
own expense and as required by the City:
(A) Install an accessible and safely located
control manhole or inspection chamber;
(B) Install meters and other appurtenances to
facilitate observation sampling and measurement of
the waste; and
(C) Maintain the equipment and facilities.
Every such manhole or inspection chamber, shall be
of such design and construction as to prevent infil-
tration by ground and surface waters 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.
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Section 34-25: SAMPLING AND TESTING.
(A) Sampling shall be conducted according to
customarily accepted methods reflecting the effect
of constituents upon the sewage works and determining
the existence of hazards to health, life, and
property. (Note: The particular analyses involved
will determine whether a twenty-four (24) hour
composite sample from all outfalls of a premise is
appropriate or whether a grab sample or samples
should be taken).
(B) Examination and analyses of the characteristics
of water and waste required by this ordinance
shall be:
(1) conducted in accordance with the latest
edition of standard methods;
(2) determined from suitable samples taken
at the control manhole provided or other
control point designated by the Director.
(C) B.O.D. and suspended solids shall be determined
from composite sampling.
(D) The City may select an independent firm or
lab to determine flow, B.O.D. and suspended solids.
(E) The City is entitled to select the time of
sampling at its discretion as long as at least
annual samples are taken.
Section 34-26. INDUSTRIAL WASTE.
(A) Persons or owners discharging industrial
wastes which exhibit any of the prohibited wastes
set out in Section 34-12 shall pretreat or other-
wise dispose of such industrial waste to make the
remaining waste acceptable to the city water
utilities.
(B) Persons or owners discharging industrial
wastes which exhibit none of the characteristics
of wastes prohibited in Section 34-12, other than
excessive B.O.D. or suspended solids, but having a
concentration level four times greater (for a
fifteen minute duration) than that of "normal"
sewage as measured by suspended solids and biochemical
oxygen demand (B.O.D) or a concentration level
during a twenty-four hour period averages a suspended
solids level or B.O.D. content in excess of "normal"
sewage as defined in Section 34-11 as "normal
domestic wastewater," shall be required to pretreat
the industrial wastes to meet the required levels
of "normal," sewage. However, such wastes may be
accepted for treatment if all of the following
requirements are met:
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(1) The waste will not cause damage to the
public sewers;
(2) The waste will not impair the treatment
process;
(3) The donor of the waste enters into a
contractual and permit agreement as set forth
in the following sections.
Section 34-27. PAYMENT AND AGREEMENT REQUIRED.
(A) Persons making discharges of industrial waste
shall pay a charge to cover the cost of collection
and treatment.
(B) When discharges of industrial waste are
approved by the Approving Authority, the City
shall enter into an agreement or arrangement
providing:
(1) terms of acceptance by the City;
(2) payment by the person making the discharge.
Section 34-28. APPLICATION FOR PERMIT.
No person shall deposit or discharge industrial
waste or an industrial waste mixture into the sewer or
sewer works of the city, or any sewer connected therewith,
unless he shall have a permit therefor. Persons dis-
charging industrial waste or an industrial waste mixture
into the sewer or sewer works of the City or any sewer
connected thereto as of the date of the passage of this
ordinance, shall obtain such permit within one hundred
twenty (120) days from the effective date hereof.
Application for a permit shall be made on a form to be
obtained from the Director. A copy of said form follows:
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INDUSTRIAL SEWER CONNECTION APPLICATION
To the City of Baytown, Texas:
The undersigned being the of the
(Permittee)
property located at does
hereby request a permit to
install, use
an industrial sewer connection serving the
which company is engaged
Name of Company
in
at said location.
The Permittee agrees to submit the following exhibits as prepared
by a Registered Professional Engineer or Licenses Architect.
1. A plat of the property showing accurately all sewers
and drains, all water wells or sources of water and their lo-
cations, along with their size and maximum rate of flow (Exhibit
A) .
2. A complete schedule of all process waters and raw in-
dustrial waste produced or expected to be produced before pre-
treatment (if any) at said property, including a description of
the character of each waste, the daily volume and maximum rate
of discharge and representative analysis of the raw waste
(Exhibit B) .
3. Plans and specifications covering all pretreatment
facilities for waste treatment proposed to be performed on
the waste under this permit with a full description (laboratory
analysis) of the character of the waste to be discharged to the
public sewer, daily volume and maximum rate of discharge to the
public sewer (Exhibit C).
4. Plans and specifications of the grease, oil and/or
sand interceptor and control manhole (Exhibit D).
The Permittee declares and agrees:
1. To operate and maintain any waste pretreatment fa-
cilities, as may be required as a condition of the acceptance
into the public sewer of the industrial wastes involved, in
an efficient manner at all times, and at no expense to the
City.
2. To cooperate with the Approving Authority and his re-
presentatives in their inspecting, sampling, and study of the
industrial wastes and any facilities providing pretreatment.
3. To notify the Approving Authority immediately in the
event of any accident, negligence or other occurrence that oc-
casions discharge to the public sewerage system any wastes or
process wastewater not covered by this permit.
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4. To accept and abide by all provisions of Ordinance No.
1765 of the City of Baytown, Texas, and of all per-
tinent ordinances or regulations that may be adopted in the
future.
5. To accept and pay when billed the sewer service
charge, refuse charge, and industrial wastes charge which is
over and above the published water and sewer rates as set
forth in Article IV and Article V of Chapter 31, "Utilities,"
of the Code of Ordinances of the City of Baytown.
Special Provisions:
DATE
Any special provisions agreed to by the city and permittee.
SIGNED
Permittee
(Address)
$ Attested:
Connection Fee Paid
Date:
Application Approved and Permit Granted:
Date: SIGNED:
Approving Authority)
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Section 34-29. CONDITIONS OF PERMITS.
(A) The City may grant a permit to discharge to
persons who:
(1) do not increase the quantity of discharge
without permission of the city;
(2) have discharged the industrial waste at least
three months prior to the effective date;
(3) apply for and receive a permit no later
than one hundred twenty (120) days after the
effective date of this ordinance;
(4) secure approval by the Approving Authority
of plans and specifications for pretreatment
facilities when required; and
(5) have complied with all requirements for
agreements including, but not limited to,
provisions for:
(a) payment of charges;
(b) installation and operation of
pretreatment facilities;
(c) sampling and analysis to determine
quantity and strength;
(d) provides a control manhole or
sampling point.
(B) A person applying for a new discharge shall
meet all requirements of Subsection (A) of this
section and secure a permit before discharging any
waste.
Section 34-30. INDUSTRIAL WASTE 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, then 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 the schedule of charges.
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W
AMN
(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, then 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 Sub-
section (A) 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) operation and maintenance costs in-
cluding 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.
Section 34-31. SCHEDULE OF CHARGES.
Industrial waste charges shall be calculated by
the following formula with the City's unit cost being
figured at the time of permit application.
Application Cost Formula - Capital Recovery
Ci = voVi + boBi + soSi
Ci = charge to industrial users, $/year
vo = unit cost of transport and treatment chargeable
to volume, $/1000 gal.
bo = unit cost of treatment chargeable to B.O.D.,
$/pound
so = unit cost of treatment (including sludge)
chargeable to suspended solids, $/pound
Vi = volume of wastewater from industrial users,
pound/year
Bi = amount of B.O.D. from industrial users,
pounds/year
Si = amount of suspended solids from industrial
users, pounds/year.
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M
Section 34-32. ADJUSTMENT OF CHARGES.
(A) The City shall adjust charges at least an-
nually to reflect changes in the characteristics
of wastewater based on the results of sampling and
testing.
(B) Increases in charges shall continue for six
(6) billing periods unless subsequent tests de-
termine that the charge should be further increased.
(C) The City shall review at least annually the
basis for determining charges and shall adjust the
unit treatment cost in the formula to reflect
increases or decreases in wastewater treatment
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.
Section 34-33. POWER TO ENTER PROPERTY.
(A) The Director and other duly authorized em-
ployees of the City bearing proper credentials and
identification are entitled to enter any public or
private property at any reasonable time for the
purpose of enforcing this ordinance.
(B) Anyone acting under this authority shall
observe the establishment's rules and regulations
concerning safety, internal security, and fire
protection.
(C) Except when caused by negligence or failure
of the Company to maintain safe conditions, the
City shall indemnify the Company against loss or
damage to its property by City Employees and
against liability claims and demands for personal
injury or property damage asserted against the
Company and growing out of the sampling operation.
(D) The Director and other duly authorized employees
of the City bearing proper credentials and identi-
fication are entitled to enter all private properties
through which the City holds a negotiated easement
for the purposes of:
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(1) inspection, observation, measurement,
sampling, or repair;
(2) maintenance of any portion of the sewerage
system lying within the easements;
(3) conducting any other authorized activity.
All activities shall be conducted in full accordance
with the terms of the negotiated easement pertaining to
the private property involved.
(E) No person acting under authority of this
provision may inquire into any processes including
metallurgical, chemical, oil refining, ceramic,
paper, or other industries beyond that point
having a direct bearing on the kind and source of
discharge to the public sewers.
Section 34-34. AUTHORITY TO DISCONNECT SERVICE.
(A) The City may terminate water and wastewater
disposal service and disconnect an industrial
customer from the system when:
(1) acids or chemicals damaging to sewer
line or treatment process are released to the
sewer causing rapid deterioration of these
structures or interfering with proper con-
veyance and treatment of wastewater;
(2) a governmental agency informs the City
that the effluent from the wastewater plant
is no longer of a quality permitted for
discharge to a watercourse, and it is found
that the customer is delivering wastewater to
the City's system that cannot be sufficiently
treated or requires treatment that is not
provided by the City as normal domestic
treatment; or
(3) the industrial customer:
(a) discharges industrial waste or
wastewater that is in violation of the
permit issued by the Approving Authority;
(b) discharges wastewater at an uncontrolled,
variable rate in sufficient quantity to
cause an imbalance in the wastewater
treatment system;
(c) fails to pay monthly bills for
water and sanitary sewer services when
due; or
(d) repeats a discharge of prohibited
wastes to public sewers.
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(B) If service is disconnected purusant to Sub-
section (A)(2) of this section, the City shall:
(1) disconnect the customer;
(2) supply the customer with the governmental
agency's report and provide the customer with
all pertinent information; and
(3) continue disconnection until such time
as the industrial customer provides additional
pretreatment or other facilities designed to
remove the objectionable characteristics from
his industrial wastes.
Section 34-35. NOTICE.
The City may serve persons discharging in vio-
lation of this ordinance with written notice stating
the nature of the violation and providing a reasonable
time limit for satisfactory compliance.
Section 34-36. CONTINUING PROHIBITED DISCHARGES.
No person may continue discharging in violation of
this ordinance beyond the time limit provided in the
notice.
Section 34-37. PENALTY.
(A) Any person, firm or corporation violating any
provisions of this article or failing to observe
any provisions hereof shall be deemed guilty of a
misdemeanor and upon conviction shall be fined in
any sum of not more than Two Hundred and No/100
($200.00) Dollars, and each violation shall con-
stitute a separate offense.
(B) In addition to proceeding under authority of
subsection (A) of this section, the City is entitled
to pursue all other criminal and civil remedies to
which it is entitled under authority of statutes
or other ordinances against a person continuing
prohibited discharges.
Section 34-38. FAILURE TO PAY.
In addition to sanctions provided for by this
ordinance, the City is entitled to exercise sanctions
provided for by the other ordinances of the City for
failure to pay the bill for water and sanitary sewer
service when due.
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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 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 provision, 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 un-
constitutional, 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 provisions of this ordinance
are declared to be severable.
Section 4: EFFECTIVE DATE: This ordinance shall take
effect from and after ten (10) days from 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 the passage of
this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of
the City Council of the City of Baytown, Texas, this 13th day
of March , 1975.
TOM GENTRY, Mayor
AT T:
G
EDNA OLIVER, City Clerk
APPR VED:
NEEL R r
HARD , City Attorn y
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