Ordinance No. 2,97600925 -5
ORDINANCE NO. 2976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY TO EXECUTE AND ATTEST TO A WASTEWATER
DISPOSAL CONTRACT WITH LAKE MUNICIPAL UTILITY DISTRICT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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 Mayor and City Clerk of
the City to execute and attest to a wastewater disposal
contract with Lake Municipal Utility District. A copy of
said contract is attached hereto, marked Exhibit "A ", and
made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect from and
after its passage.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council this 25th day of September , 1980.
EDIMETT 0. HUTTO, mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
ANDALL B. STRONG, City ,)Vttorney
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E X H I B I T "A"
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DAFT 9/19/80
WASTEWATER DISPOSAL CONTRACT BETWEEN
CITY OF BAYTOWN, TEXAS AND LAKE
MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Contract 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 situated and has its City Hall in Harris County,
Texas (the "City "), and LAKE MUNICIPAL UTILITY DISTRICT of
Harris County, Texas, a body politic and corporate and a
governmental agency of the State of Texas, organized under
the provisions of Article XVI, Section 59 of the Texas
Constitution and Chapter 54, Texas Water Code (the "District ").
Recital
1. The City is a municipal corporation and home --rule
City principally located in Harris County, Texas. The City
owns and leases sewage treatment facilities and desires to
sell such treatment capacity to the District.
2. The District is a conservation and reclamation
district organized and existing under Article XVI, Section 59
of the Constitution of the State of Texas, created by an
Order of the Texas Water Commission, and operating pursuant
to Chapter 54, Texas Water Code, as amended.
3. The District will own a sewage collection system
serving the "Service Area" and desires to purchase treatment
of its sewage from the City.
4. The District is empowered to collect, transport,
process, dispose of, and control all domestic, industrial or
communal 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
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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 City, as established by the
municipal Annexation Act, Article 970a, Texas Revised Civil
Statutes. The parties acknowledge the possibility that the
City may annex the Service Area during the term of this
Contract, and the parties have agreed to certain procedures
designed to avoid confusion and dislocation of utility
service upon annexation. 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 Contract by the Constitution and the laws
of the State of Texas, particularly the Regional Waste
Disposal Act (codified as Chapter 25 of the Texas Water
Code) .
NOW, THEREFORE, and in consideration of the premises
and the mutual covenants and agreements herein contained the
parties hereto do mutually agree as follows:
T r' n V L'AffVMT
ARTICLE I
DEFINITIONS
The terms and expressions used in this Contract, unless
the context clearly shows otherwise, and in addition to
other defined terms herein, have the following meanings:
1.01. "City's System" shall mean the system for the
collection, transportation and treatment of waste, and any
extensions or additions thereto, currently serving or that
may be constructed to serve the City.
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1.02. "Director" shall mean the Director of Public
Works of the City of Baytown.
1.03. "District's System" shall mean the system for
the collection and transportation of waste, and any extensions
thereof and additions thereto, to be constructed to serve
the District, including those lines and facilities necessary
for the transportation of waste from the District to the
point of interconnection with the City's system.
1.04. "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.
1.05. "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.
1.06. "Interconnection" shall mean those improve-
meats necessary for the connection of City's System and
District's System as set forth herein and more particularly
described as the sanitary sewer manhole located at the
northwest corner of the San Jacinto Mall, Baytown, Texas.
1.07. "Prohibited Waste" shall be those discharges
prescribed by the City of Baytown's Industrial Waste Ordinance
as set forth in Article II of Chapter 34 of the Code of
Ordinances of the City of Baytown, a copy of which is attached
hereto as Exhibit "B" and for all purposes made a part of
this contract. All future amendments to Baytown's Industrial
waste Ordinance shall apply to this contract when such
amendments are adopted.
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i.08. "Service Area" shall mean the area within the
boundaries of the District.
1.09. "Sewage" shall mean 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 /1 and B.O.D. is not
more than 250 mg /l.
1.10. "Treatment Plant" or "Plant" shall mean the
City's West Main Wastewater Treatment Plant, including all
additions or modifications thereto which may occur subse-
quent to the execution of this Contract.
1.11. "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 is continually and promptly maintained and repaired.
ARTICLE II
CONSTRUCTION OF IMPROVEMENTS BY DISTRICT
2.01. District's Waste Collection System. District
shall acquire or construct, or cause to be acquired or con-
structed, a Waste Collection System ( "District's System ").
Acquisition or construction of the District's System, including
engineering fees, and the acquisition of any lands or easement
in connection therewith, and obtaining the approval of any
Regulatory Agency shall be at no cost to City.
2.02. City Approval of Plans and Specifications.
Prior to the initiation of any construction of the District's
System, the engineers of the District shall submit to the
Director for the Director's written approval one set of
plans and specifications for the District's System. No
construction 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,
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Is
upon completion of the construction, with one set of "as
built" drawings, meeting approval by the Director, and a
certification that the District's System was built in
accordance with the City's standard plans and specifications
and as indicated in the "as built" drawings. The District
will likewise obtain.approval for and supply the City with
"as built" drawings and similar certification for any
subsequent alterations or modifications made on the District's
System during the term of this Contract.
2.03. Inspection. The District specifically grants
the City the right to inspect at any time any and all con-
struction for substantial conformance with the City's
standards and the approved plans and specifications. Should
any such construction at any time, during construction or
after completion, but before acceptance by the City, be
found to not conform in some material respect with the
City's standards or the approved plans and specifications,
then the District shall immediately upon written notice of
such non-conformance take those remedial steps necessary to
meet the required standards.
2.04. Points of Discharge; Interconnection. The
point of discharge from the District's System to the City's
System shall be at the sanitary sewer manhole at the Northwest
corner of San Jacinto Shopping Center, which point is located
within the boundaries of the City. The parties of this
Contract may by mutual consent designate additional or
substitute points of discharge to serve the Sanitary Sewer
Collection System.
2.05. Completion of Construction. Upon completion
of the construction provided for in Section 2.1 the City
agrees to receive and take from the District, for the price
and at the point or points of delivery herein provided, and
the District agrees to discharge, for such price as provided
in Article V of this Contract and at such point or points
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of delivery, such volumes of waste at such times as provided
in Article IV of this Contract, consistent with other
limitations as stated herein.
2.06. Commencement of Use of Interconnection.
The Interconnection shall be put into operation only upon
the inspection and joint approval of the Interconnection and
the District's System by the engineers of City and District.
2.07. Flow Device. The District shall purchase and
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 recording
total.throughput on a daily basis for at least a week's time
to record flows, including peak daily flows, as stated in
Exhibit "C ". This device shall be the sole reporting device
used to determine the flows stated in Exhibit "C ". The
District shall maintain this device in good operating
condition at all times and calibrate it 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 fifteen percent (15%)
or more of the actual wastes being discharged, then the
District shall bear the cost of the inspection and recalibra-
tior_-. The District shall within ten (10) days at the request
of the City render any and all repairs or replace said device
if necessary to continue providing accurate readings. The
District covenants and agrees to render monthly reporting,s
to the City of the readings made from such meter. Said
readings shall be made on the first regular business day
Following the first day of each month.
ARTICLE III
OWNERSHIP, OPERATION AND
MAINTENANCE OF SYSTEM
3.01. Ownership of System.
the District's System.
The District shall own
3.02. Operation of the System.
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The District shall
operate and maintain at its own expense the District's
System and will promptly repair any of'such facilities so as
to prevent the infiltration or entry of ground water, sand,
or other form of materials into such facilities. 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 then
such failure shall be considered an Event of Default.
3.03. City's Plumbing Code. The District covenants
and agrees to comply with the City's current Plumbing Code
for sanitary sewer facilities and agrees not to permit
plumbing work relating to sewer service or allow connections
to its waste Collection System except as compliant with the
City's Code and after inspection and approval by the District's
operator or other authorized representative.
The District further agrees that all plumbing connec-
tions shall be maintained in compliance with the Plumbing
Code requirements of the City and that to enforce this
provision the City inspectors shall be permitted to act for
and on behalf of the District with or in lieu of the District
operator and that the District will enforce any notices
issued by such inspectors and which are not complied with by
discontinuing sewer service when this may be legally done
pursuant to the District's Rate Order upon the request of
the City to so do.
Should the District.for any reason fail to enforce the
standards established by the City 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.
3.04. Outside Service Contracts. The District
agrees that should the District desire to delegate responsi-
bility for maintenance or for supervision of its System to
any individual or entity other than its own employees or a
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sewage plant Qperator holding a valid certificate of com-
petency issued under the direction of the Texas State Health
Department as required by Section 20(a) of Article 4477 -1,
then any such proposed service arrangement, by written
contract or otherwise, must be approved 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 Director 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.
3.05. Industrial Waste. The District shall regulate
the Discharge of Industrial Waste from within its boundaries
into its Sanitary Sewer Collection System, and in turn into
the City's System, including any requirements for pretreatment
before discharge into the District's System if necessary to
meet the quality requirements as stated in the City's Industrial
Waste Ordinance or as required by any Regulatory Agency, and
will permit no such discharge without prior written approval
from the Director. The applicant industry and the District
shall file a statement with the Director containing the
following information:
(1) Name and address of applicant;
(2) Type of industry;
(3) Quantity of waste;
(4) Typical laboratory analysis of the waste;
(5) Type of pretreatment proposed;
and such other information as the industrial waste ordinances
of the City may from time to time require. District will
permit no industrial waste connections until same are approved
in writing by the Director, but the City (subject to the
specific requirements stated herein) agrees to permit connections
to discharge Industrial Waste into the City's System upon
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the same terms and conditions and subject to the same restrictions
and requirements as the City permits such discharges and
connections to its System within the City's corporate limits
in accordance with the City's ordinances and rules and
regulations promulgated pursuant thereto and in effect at
the time each application is received, including compliance
with all the requirements of the City's Industrial Waste
Ordinance, a copy of which is attached hereto as Exhibit
"B", and for all purposes made a part of this Contract,
including all future amendments to said ordinance; provided,
however, the City shall not under any conditions be required
to accept "Prohibited Waste."
District specifically agrees to adopt for purposes of
setting rates those classifications of industrial and
commercial activity and those industrial waste standards
stated in the City's sewer rate ordinance and industrial
waste ordinance. In addition, District agrees that all such
activity will comply with all requirements for connection to
the City System, including acquiring appropriate District
Industrial Wastewater Discharge Permits. As a condition of
connection to the System, all industries located within the
District shall agree in writing to (1) contribute to any
Industrial Cost Recovery Program imposed upon similar
industries within the City and to (2) provide to the Director
on a biannual basis the results of a full and complete
analysis of their effluent for those parameters stated in
the City's Industrial waste Ordinance, including as a minimum
SOD, TSS, COD, oil and grease, and heavy metals, such analysis
to be performed by an independent testing laboratory approved
by the Director.
3.06. Waste to Comply with City Ordinances.
Discharges of waste into the District's System shall comply
with all applicable City Ordinances. The District is obligated
to assume the responsibility to enforce the applicable City
ordinances with respect to unpermissible discharges of
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Prohibited Wastes originating from within the District.
Failure of the District to enforce said City ordinances
shall be considered an Event of Default.
3.07. Seepage and Infiltration. District agrees
that it will adopt and enforce written rules, regulations,
and provisions in all contracts of connection with any and
all customers designed to insure that connections to the
Waste Collection 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 said Waste Collection
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. Within.
ninety (90) days following the date of execution of this
Contract the District shall supply the Director a copy of
such rules, regulations, and contracts, including a state-
ment of measures designed to enforce such provisions. The
District promises to initiate whatever lawful actions are
necessary to disconnect any customer who, following notice,
refuses to remove noncompliant connections. The District
will routinely inspect all connections at the time made and
continue to monitor the System as a whole to detect infiltra-
tion and unpermitted connections. District further agrees
to continuously maintain its System so as to prevent any
abnormal seepage or infiltration or discharge of any solid
matter into said System. Failure to so do shall be an event
of default notwithstanding any payments pursuant to the
following paragraph.
In the event excess infiltration or abnormal seepage or
the discharge of solid matter or surface water into the
District's System is present, the District covenants and
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agrees to pay the additional charges provided for in Sec-
tion 5.02 (b) herein for such excess infiltration. It is
further agreed that the City's inspectors shall have the
right to make such inspections as are necessary to insure
that the District is making adequate and proper repairs for
the purpose of safeguarding the City's System.
3.08. .Participation in State and Federal Grant
Programs; Contribution to Costs.
The District recognizes that the City is presently
participating 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 Contract 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 to conduct
those tests, including infiltration /inflow analyses, smoke
tests, or other similar analyses as required under the
provisions of the Federal Suter Pollution Control Act and
the City's Federal Grant Agreements to characterize the
condition of the District's System. The District agrees to
pay the costs of such analyses of its System not refunded by
the state or federal government to the City. In addition,
the District agrees to pay the unrefunded cost of any
remedial measures necessary to improve the District's System
compliant with state or Federal requirements and agrees to
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see that such remedial measures are timely taken. Such
steps are not exclusive, and 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.
3.09. 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 quality or quantity
standards as otherwise specified herein including "Prohibited
Waste."
ARTICLE .IV
SCHEDULE AND VOLUMES OF WASTE
4.O1. General. In consideration for the compensation
stated herein the City shall accept from the District and
treat the volumes of waste in the intervals shown on Exhibit
"C" attached hereto and incorporated herein for all purposes.
The values listed on Exhibit "C ", Column 4 are the
volumes of waste which the City shall accept on a daily
basis, including peak flows, from the District at the dates
shown and for the compensation stated in Section 5.02 (a)
herein, without Additional Compensation as provided in
Section 5.02 (b) herein. The volumes shown at each date are
the maximum acceptable volumes at that date and during the
succeeding interval until the next date shown.
The additional capacity provided in the Column 3
represents an allowance of 100% over the permitted flow for
high flow contingencies and infiltration during the life of
the Contract.
4.02. Capacity Reserved. The City covenants and
agrees that it has reserved for the exclusive use and benefit
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of the District the capacity in its Plant to treat the
volumes of waste on the dates indicated in Exhibit "C ".
4.03. Additional Capacity. Should the District's
needs, for whatever reason (including infiltration), exceed
those stated in Exhibit "C ", based on flow data or readings
pursuant to Section 2.07 hereof for total throughput, the
District agrees to pay the Additional Compensation as provided
in Section 5.2 (b) of this Contract.
4.04. Service Contracts with Other Entities.
The District shall not permit any entity located outside the
Service Area to connect to the District's System during the
term of this Contract without the express written consent of
the City. Failure to comply with this provision shall
constitute an Event of Default.
ARTICLE V
PAYMENT AND TERMS
5.01. Capital Contribution. As a contribution to
the capital investment of the City and in consideration for
connection to the City's System the District shall pay to
the City the amount of Five Hundred Twenty -Five Thousand
Dollars ($525,000.00) within two (2) weeks of the funding of
the first issue of capital improvement bonds by the District.
5.02. Monthly Charges. The District shall pay to
the City in monthly installments the following:
(a) Service Charge. A service charge (to
cover the City's operation and maintenance) equal
to the City's minimum charge and additional
charges, if any, such charges to be based upon
the average consumption of water for like services
within the City limits for waste which is
gathered by the District's System, delivered
to the City at the point or points of discharge,
and treated by the Plant. The average consumption
for like uses shall be reviewed annually. The
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charge shall be calculated on the basis of
the metered water use or otherwise for each
connected user, consistent with and following
explicitly the provisions for such calculations
found in the City's Sewer Rate Ordinance or
Industrial Waste Ordinance, whichever may be
appropriate for the individual user. A copy
of the City's present rate ordinance for sanitary
sewer service, as set forth in Section 31--65 of
the Code of Ordinances of the City of Baytown,
in effect as of the date of this Contract, is
attached as Exhibit "A ", and incorporated
herein; a copy of the City's present ordinance
for disposal of industrial waste, is attached
as Exhibit "B ".
(b) Additional Service Charge. The
District covenants and agrees to pay an addi
tional charge for those volumes delivered in
excess of the amounts stated as "Total Acceptable
Volume" in the Exhibit "C" on a daily basis at
the rate of four (4) times the highest rate,
calculated on a per gallon basis, then existing
for sewer service within the City, or
Three Hundred ($300.00) Dollars per month,
whichever amount is greater.
5.03. Right of Inspection. City shall have the
right at any time by actual count or by an inspection of
District's books, records, and accounts, to determine the
number of 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
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fully with each other in any such count, inspection or
audit. All books, records, and accounts shall be open for
inspection at all reasonable hours by*any authorized repre-
sentatives of the parties.
5.04. Billing and Payments. Beginning on the date
when the City first commences taking waste from the District
through the Plant, the District shall count 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 Drovided in Section 5.02 (a) and 5.02 (b). 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
Contract which are not paid within thirty (30) days following
the receipt of the bill shall bear interest at the rate of
ten percent (100) per annum from the date such indebtedness
matured until payment. 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 attorney's fees added
thereto not to exceed ten percent (10 %) computed thereupon
for collection thereof by suit. Failure to pay charges when
due shall constitute an Event of Default.
5.05. Service Charge Modifications. Although the
City believes that the present charges for such services as
set forth in Section 5.02 (a) herein are fair and reason-
able, nonetheless, the parties realize that due to unforeseen
contingencies, the City may increase the charges for such
services, either by amendment of the rate schedule for like
services within the City limits upon which the service
charges levied hereunder are based, or by other means. It
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is agreed, however, that such charges shall not be increased
as to the District during the term of this Contract unless
the rates for other similar customers purchasing such services
from the City are also increased pro rata.
5.06. Operating Expense and Covenants as to Rates.
The sum to be paid the City by the District under the terms
of this Contract 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 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. District
agrees to establish and maintain rates sufficient to pay all
costs and expenses of operation and maintenance of its
combined system.
5.07. Events of Default. An Event of Default, as
stated from time to time herein, shall constitute a material
breach of this Contract 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 violated;
provided however, that this agreement shall not be terminated
prior to the City's 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, to within ten (10) days to
commence substantial curative efforts. Termination of
service pursuant to this section shall not limit either
party to any other remedy at law or in equity.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.01. Force Majeure. In the event any party is
rendered unable, wholly or in part, by force majeure, to
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carry out any of its obligations under this Contract, it is
agreed that on such party's 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 so caused
as to the extent provided, 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,
lighting, earthquakes, fires, storms, floods, washouts,
droughts, tornadoes, hurricanes, arrests, and restraints of
governments and people, explosions, breakage or damage to
machinery or pipelines and any other inabilities of either
party, whether similar to those enumerated or otherwise,
and not within the control of the party claiming such inability,
which by the exercise of due diligence and care such party
could not have avoided.
6.02. Approval. Whenever this Contract requires
or permits approval or consent to be hereafter given by any
party, such approval or consent, 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 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
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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 Contract, 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 be 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 manner hereinabove described shall be conclusively
deemed to be effective, unless otherwise stated in this Contract,
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
addresses of the parties shall, until changed as hereinafter
provided, be as follows:
If to the City, to:
Director of Public Works
City of Baytown
P. O. Box 424
Baytown, Texas 77520
If to the District, to:
Lake Municipal Utility District
c/o Andrew P. Johnson, III
Rowe, Hay & Young
2727 Allen Parkway
Suite 1680
Houston, Texas 77019
00925 -5t
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 Contract 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.o5. Regulatory Agencies. This Contract 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 Contract, shall not be construed as a Waiver or
relinquishment of the future performance of any such term,
covenant or condition 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. . Modifi'cation. Except as otherwise provided
in this Contract, this Contract shall be subject to change
or modification only with the mutual consent of the parties
hereto.
6.08. . Parties in interest. This Contract 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
ti
in damages to any customer of the District for any failure
to perform its obligations under this Contract.
-19-
00925 -5u
6.09. Captions. The captions appearing at the
first of each numbered section in this Contract are inserted
and included solely for convenience and shall never be
considered or given any effect in construing this Contract,
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
Contract are severable, and if any provision or part of this
Contract or the application thereof to any person or circum-
stance shall ever be held by any court of competent juris-
diction to be invalid or unconstitutional for any-reason,
the remainder of this Contract and the application of such
provision or part of this Contract to other persons or
circumstances shall not be affected thereby.
6.11. Merger. This Contract embodies the entire
sanitary sewer service understanding between the parties
and there are no prior effective representations, warranties
or agreements between the parties.
6.12. Construction of Contract. The parties agree
that this Contract shall not be construed in favor of or against
any party on the basis that the party did or did not author
this Contract.
6.13. Term. This Contract shall be in force and
effect from the date of execution hereof for a term of five
(5) years and shall thereafter be automatically extended
for additional five.(5) year terms unless either party gives
written notice of termination two (2) years prior to the
date for such automatic extension.
-20-
DATED this day of
1380.
CITY OF BAYTOWN
By `
Mayor
ATTEST:
City Secretary
(SEAL)
-21--
00923 -5v
LAKE MUNICIPAL UTILITY
DISTRICT
By:
President
ATTEST:
Secretary
(SEAL)
SCHEDULE OF EXHIBITS
EXHIBIT "A" - City's Sewer Ordinance
EXHIBIT "B" - City's Industrial Waste Ordinance
EXHIBIT "C" - Volumes of Waste
C
00925 -5x
§ 31 -59 BAYTOWN CODE § 31 -65
(e) Should any person damage or destroy any city property
used for measuring or distributing water, the director of
finance shall collect from such person a sum of money equal
to such destroyed or damaged property, but in no event less
than ten dollars ($10.00).
(f) Should any person request that their water meter be
tested, the city water service division shall test their meter.
If the meter test shows that the meter registers more water
than actually consumed, the last bill shall be corrected accord-
ing to the test result and the meter shall be replaced. If the
meter test shows that the meter correctly registers or registers
less water than actually consumed, then the customer shall
be charged a five dollar ($5.00) meter testing fee.
(g) Any or all of the charges and fees provided by this
article may be included in regular or special billing of the
city- water department and shall be in addition to all other
charges, fees or penalties provided by this article. (Ord. No.
943, § 6, 11-7-69; Ord. No. 1015, § 1, 2-12-70; Ord. No. 2328,
§ 1, 10- 13 -77)
Sec. 31 -60. Penalty for violation of article.
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 sure of not more than two hundred dollars
($200.00). (Ord. No. 943, § 7, 11 -7 -68; Ord. No. 2325, § 1,
10- 13 -77)
Secs. 31- 61-- -31 -64. Reserved.
a j ,Z4 ARTICLE V. SEWER SERVICE*
' -
Sec. 31 -65. Server service charge.
(A) Residential dwelling units._
0'� R •Editor's Mote -- Article V, §$ 31- 65-31 -68, is derived from Ord. No.
3$•n 44, §§ 2 -5, enacted Nov. T, 1968. This ordinance was not amendatory
of this Code.
Cross reference — Sanitary sewers, Ch_ 25; waste disposal, Ch. 34.
Supp. No. 31
1226
EXHIBIT "A"
00925 -5y
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§ 81 -65 UTILITIES § 31 -65
(1) Individually metered for water consumption: Each
residential dwelling unit individually metered and
billed for the consumption of water shall be charged
fo5 and owe each month a sewer service charge based
upon the consumption of water attributed to it as
determined by the provisions of this Code relating to
water charges, applied to the following rates;
Gallons of Water Sewer Service Rafe
Used per Month to be Charged
First 3,000, minimum
monthly rate $3.50
Thereafter, per 1,000
gallons 0.40
(2) Jointly metered for water consumption: Multifamily
dwelling unit projects not individually metered for
water shall be charged for and owe each month a
sanitary sewer charge based upon consumption of
water attributed to it as determined by the provisions
of the Code relating to water charges applied to the
following rates:
Gallons of Water Sewer Service Rate
Used per Month to be Charged
First 3,000, times the
number of occu-
pied units, mini-
mum monthly rate $3.50
Excess of 3,000, times
the number of oc-
cupied units, per
1,000 gallons 0.40
(a) Occupied units in the project shall be taken to be
the total number of units in the project, unless
the project manager shall report to the city on
the form provided in Annex "A "•the actual num-
ber of occupied units as of the first day of the
current month. This report must be received by the
Supp, No. 38
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•
131-65
BAYTOWN CODE
§ 31 -s5
city no later than the tenth day of the current
month.
(B) Commercial knits. Each commercial unit shall be
charged for and owe each month a sanitary sewer service
charge based upon the consumption of water attributed to
it, applied to the following rate schedule:
Gallons of Water '�;etver oer vacs ILA&—
Used per Month to be Charged
First 3,000, minimum
monthly rate $3.50
Thereafter, per 1,004
gallons $0.44
(C) Mobile home parks. I4Iobile home parks shall be charged
for and owe each a sanitary sewer service charge based upon
consumption of water attributed to it, as determined by the
provisions of this Code relating to water charges applied to
the following rates:
Gallons of Water Server Service Rate
Used per Month to be Charged
First 3,000, times the
number of occu-
pied spaces, mini-
mum monthly rate $3.50
Excess of 3,000 gallons
times the number
of occupied spaces,
per 1,000 gallons 0.40
(1) Occupied spaces in the project shall be taken to
be the total number of spaces in the project, unless
the project manager shall report to the city on
the form provided in Annear "A" the actual num-
ber of occupied spaces.
Supp. No. 38
1228
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131-65 UTILITIES 131-65,1
"ANNEX A"
Utility Office Manager
City of Baytown
P_ O. Box 424
Baytown, Texas 77520
Dear Sir:
I hereby certify that I am the owner (or manager) of a multi -
family dwelling project located at — Street, Bay-
town, Texas. This project is known as the
(indicate the project's name, if applicable). I here-
by certify that the aforementioned project has (num-
ber) units. I further certify that as of the first day of the
current calendar month, there were — (number) occu-
pied units in the project, and that there were (num-
ber) unoccupied units. I understand that the information
hereby given is to be used by the City of Baytown in comput-
ing the current month's sewer service charge for this project.
I also understand that this information must be received by
the City of Baytown no later than the 10th day of each month
in order to be considered. I further understand that the
information hereby given may be verified at any time upon
the request of the Utility Office Manager of the City of
Baytown.
(Signature) Manager or Owner
(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)
Sec. 311 -65.1. Sewer service charge for users without
waster or outside city.
(A) Users without water. Persons not connected to the
waterworks system of the city shall be billed monthly by
the water department for sanitary sewer services at a rate
determined by the utility office manager, which rate shall
be consistent with the regular sewer service charge of sirrialar
type pre iszn es or users receiving service from the city. If a
Supp. No. 38
1229
4.
§ 31 -65.1
BAYTOWN CODE
§31-66
person desiring service uses water or maintains premises in
such a manner that a similar type user or premises cannot
be found, the utility office manager may recommend for '�kp-
proval to city council such service charge and conditions
as he deems appropriate.
(B) Users outside the city limits.
(1) Capital charge. Upon application for sewer service out-
side the city limits, persons receiving sewer service
from the city shall pay a one time capital charge equal
to one hundred dollars ($100.00 er resid-ential coxinex-
ion or equivalent, as determined by the director of
pu lic works, to reimburse the city for prior capital
investment in trunk sewer and plant construction in
addition to any monthly sewer service charge_
(2) Monthly service charges.
(a) Persons outside the city limits and receiving
water and sewer service from the city shall pay
a monthly sewer service charge of twice the city's
minimum charge and one and one -halt" (1' /2) times
the rate for any a htional usage charged to a user
situated within the corporate limits of the City
of Baytown.
(b) Persons outside the city limits and not connected
to the waterworks system of the city shall be
billed monthly by the water department for
sanitary sewer services at a rate determined by
the utility office manager that produces a charge of
t1CTe_the_ci kg minimum_charge and one d one-
half 1' /2 times the rate for additional char es.
such charges to be base upon the regular sewer
service charge of similar type premises or users
receiving service from the city within the city
limits. (Ord. No. 2209, § 1, 4- 14 -77; Ord. No. 2426
§ 2, 3 -9 -7$)
Sec. 31 -66. 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
Supp. No. 38
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Chapter 34
WASTE DISPOSAL
Art. I. In General §§ 34- 1 -34 -10
Art. II. Industrial }WasteOrdinsnces, § §34- 11 -34 -38
ARTICLE I. IN GENERAL'S
Sec. 34 -1. Tank truck waste discharge.
It shall be unlawful for any person to discharge 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 of Baytown.
(Ord. No_ 2397, § 1, 1- 26 -7$)
Secs. 34- 2---- 34 -10. Reserved.
ARTICLE II. INDUSTRIAL WASTE ORDINANCE
Sec. 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:
(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 /l,
utilized in the biochemical oxidation of organic matter
gender standard laboratory conditions for five (5) days
at a temperature of twenty (20) degrees Celsius.
*Editor's note --Ord. No. 2397, § 1, adopted Jan. 26, 1978, amended the
Code by repealing Art. I, 4§ 34 -1, 34-2, which had pertained to tank truck
permits and which were derived from Ord. No. 1765, § 1, adopted Mar. 3,
1975, and by plating in lieu thereof a new 134,1 as herein set out
Supp. No. 33 1276. .25
EXHIBIT "B"
k'
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00925 -5ee
534-11 BAYTOWN CODE § 34 -11
(3)
Euilding sewer means the extension from the build-
ing dram 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 autho-
rized person acting in its behalf.
(b)
C.O.D. (chemical oxygen demand) means measure
of the oxygen consuming capacity of inorganic and
organic matter present in the water or wastewater
expressed in 'mgA 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 :nixes with other discharges in the
public sewer.
(7)
Control point means a point of access to a course of
e.
discharge before the discharge mixes with other .
discharges in the public sewer.
(8)
Director means the director of the public works de-
partment of the city, or his authorized deputy, agent,
or representative.
Supg. No. 33
127626
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§ 34-11
WAS'T'E DISPOSAL
§ 34-11
(9) Disposal garbage means animal and vegetable wastes
and residue from preparation, cooling, 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 milli -
gram- per -liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
(13) Natural outlet means any outlet into a watercourse,
ditch, lake, or other body of surface water or ground-
water.
(14) Normal domestic wastewater means wastewater ex-
cluding industrial wastewater discharged by a person
into sanitary sewers and in which the average con-
centration 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 inposition of organic or hydraulic
loading on a treatment facility in excess of its engi-
neered 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 reciprocal
of the hydrogen ion concentration.
(18) Public sewer means pipe or conduit carrying waste-
water or unpolluted drainage in which owners of
abutting properties shall have the use, subject to
control by the City of Baytown, Texas.
Supp. No. 22 1276 -27
00925 -5ff
5
§ 34-11
BAYTOWN CODE
00925 -5gg
§ 34 -11
(19) Sanitary server means a public sewer that conveys
domestic wastewater or industrial wastes or a combi-
nation o groundwater, and other unpollu ed wastes are
water, gr are
,
not intentionally passed.
(20) Slug means any discharge of water, wastewate
industrial waste which concentration exc exceeds any g iven
constituent or in quantity of flow
period of duration longer than fifteen (15) four (24)
more than five (5) times the average twenty
hour concentration or flows during normal operation-
(2
1) Strong acid means any substance with a pH less than
6.0.
(22) Storm sewer paeans a public sewer which carries
storm domestic was wastewater or andustrialewas es are
which
not intentionally passed.
(23) Storm water means rainfall or any other forms of
precipitation.
(24) Suspended solids means solids measured in n►g /1 that
either float on the surface of, or are in suspension in,
water, wastewater, rby a laboratory filtratio are
n ic
deve.
largely
(25) To discharge includes to deposit, conduct, drain, emit,
throw, run, allow to seep, or otherwise release or dis-
pose of, or to allow, permit, or suffer any of these acts
or omissions.
(2g) Trap means a device designed to skim, settle, or other-
wise 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 acids or alkalis;
(c) no phenols or other substances producing taste or,
odor In receiving Water;.
Supp. No. 22 1276.28
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§ 34 -11
WASTE DISPOSAL
00925 -5hh
§ 34 -12
(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 /1
each of suspended solids and B.O.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 sub-
stances 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 collec-
tion, pumping, treating, and disposing of wastewater
and industrial wastes.
(31) Wastewater treatment plant means any city -owned
facilities, devices, and structres used for receiving,
processing and treating wastewater, industrial waste,
and sludges from the sanitary sewers.
(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. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -12. Prohibited discharges.
(A) No person may discharge to public sewers any waste
which by itself or by interaction with other wastes may:
Supp. No. 22
1278.29
§ 34-12 BAYTOWN CODE
§ 34 -13
(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 dsN 11765E § 1, 3-13-75)
egirements of this
ordinance.
Sec. 34 -13. Chemical discharges.
(A) No discharge to public sewers may contain:
(1) cyanide greater than 1mgA;
(2) fluoride other than that contained in the public water
supply;
(3) chlorides in concentrations greater than 250 mgA;
(4) gasoline, benzene, naphtha, fuel oil, or other flarnma-
ble 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:
(1) strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
(2) fats, wax,_ grease or oils, whether emulsified or not,
in excess of one hundred (100) mg/l or containing sub-
stances which may solidify or become viscous at tem-
peratures between thirty -two (32) and one hundred fifty
(150) degrees Fahrenheit (0 and 65 degrees centigrade).
(3) objectionable or toxic substances, exerting that an excessive
su h
chlorine requirement, to such degr e
material received in the composite wastewater at the
wastewater treatment works exceeds the limits estab-
lished by the approving authority for such materials;
or
Supp. No. 22 1276.30
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§ 34-13 WASTE DISPOSAL § 34-14
(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 dis-
charged 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 approving authority. After treatment of the composite
wastewater, concentration limits may not exceed the re-
quirements established by state, federal, or other agencies
with jurisdiction over discharges to receiving waters. (Ord.
No. 1765, § 1, 3- 13-75)
Sec. 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.
(B) The maximum allowable concentrations of heavy
metals stated in terms of milligrams per liter (mg /1), deter -
mined on the basis of individual sampling in accordance with
"standard methods" are:
(1) Arsenic . ............................... 0.02 mg/l
(2) Barium .............................. 5.0 mg11
(3) Boron .............................. 1..0 mg /1
(4) Cadmium ............................. 0.02 mg/1
(5) Chromium (total) ...................... 5.0 mg /l
(6) Copper . ............................... 1.0 mg11
(7) Lead ... ............................... 0.1 rmg 11
(8) Manganese ............................ 1.0 mg /1
(9) Mercury ............................... 0.005 mg /i
(10) Nickel .. ............................... 1.0 mg /l
(11) Selenium .............................. 0.02 mg /1
(12) Silver .. ............................... 0.1 mg 11
(13) Zinc .... ............................... 5.0 mg 11
Snpp. No. 22
1276.31
§ 34-14 BAYTOWN CODE § 34 -16
(C) No other heavy metals or tonic materials may be dis-
charged into public sewers without a permit from the Approv-
ing Authority specifying conditions of pretreatment, con-
centrations, volumes, and other applicable provisions.
(D) Prohibited heavy metals and toxic materials include,
but are not limited to:
(1) Antimony
(g) Rhenium
(2) Beryllium
(9) Strontium
(3) Bismuth
(10) Tellurium
(4N Cobalt
(11) Herbicides
(5) Molybdenum
(12) Fungicides
(6) Tin
(13) Pesticides
(7) Uranyl ion
(Ord. No. 1765, § 1, 3- 13-75)
Sec. 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 (112 ") inch
in any dimension are prohibited.
(B) The approving authority is entitled to review and ap-
prove the installation and operation of any garbage grinder
equipped with a motor of three- fourths (1/) horsepower (0.76
hp metric) or greater. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 34 -16. Storm water and other unpolluted drain-
age.
No person shall discharge, or cause to be discharged, any
storm water, ground water, 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 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 connec-
tion where by such discharge is cooled, if required, and flows
Supp. No. 22
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§ 34-16 WASTE DISPOSAL § 34 -19
into the sanitary sewer at a rate. not in excess of three (3)
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. (Ord. No. 1765, §
1,3-13-75)
Sec. 34 -17. Temperature.
No person may discharge liquid or vapor having a tem-
perature higher than one hundred fifty (150) degrees Fahren-
heit (sixty -five (65) degrees centigrade), or any substance
which causes the temperature of the total wastewater treat-
ment plant influent to increase at a rate of ten (10) degrees
Fahrenheit or more per hour, or a combined total increase
of plant influent temperature to one hundred ten (110) degrees
Fahrenheit. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 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 radioactive wastes into public sewers, (Ord. No.
1765, § 1, 3- 13 -75)
Sec. 34 -19. Impairment of facilities.
(A) No person may discharge into public sewers any sub-
stance 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 concentra-
tions of:
(1) inert suspended solids greater than 250 mg 11, including
but not limited to:
Supp. No. 22 1276.33
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§ 3419
BAYT4wN CODE §34-19
(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 slamming 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 exces-
sive quantities.
(D) No person may discharge any substance into public
sewers which:
(1) is not amenable to treatment or reduction by the pro-
cesses and facilities employed; or
(2) is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the require-
ments of other agencies having jurisdiction over dis-
charge to the receiving waters.
(E) The Approving Authority shall regulate the flow and
concentration of slugs when they may:
(1) impair the treatment process;
Supp. No. 22 127634
00925-
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00925 -5nn
§ 34-19 WASTE DISPOSAL § 34'20
(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 in-
dustrial 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 (14) unground garbage
(2) cinders (15) whole blood
(3) sand (16) paunch manure
(4) mud (17) hair and fleshings
(5) straw (18) entrails
(6) shavings (19) paper products, either
(7) metal whole or ground by
(8) gams garbage grinders
(9) rags (20) slops
(10) feathers (21) chemical residues
(11) tar (22) paint residues
(12) plastics (23) bulk solids
(13) wood
(Ord. No- 1765, § 1, 3- 13 -75)
Sec. 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;
Supp. No. 22 1276.35
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00925 -5nn
§ 34-19 WASTE DISPOSAL § 34'20
(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 in-
dustrial 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 (14) unground garbage
(2) cinders (15) whole blood
(3) sand (16) paunch manure
(4) mud (17) hair and fleshings
(5) straw (18) entrails
(6) shavings (19) paper products, either
(7) metal whole or ground by
(8) gams garbage grinders
(9) rags (20) slops
(10) feathers (21) chemical residues
(11) tar (22) paint residues
(12) plastics (23) bulk solids
(13) wood
(Ord. No- 1765, § 1, 3- 13 -75)
Sec. 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;
Supp. No. 22 1276.35
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_ - 00925 -500
§ 3420 BAYTOWN CODE § 34'21
(3) storm sewer;
h(4) other area within te 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 provisions of laws, regulations, ordi-
nances, rules and orders of federal, state and local govern-
ments. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 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;
the approving authority shall require:
(1) pretreatment to an acceptable condition for dis-
charge 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 requirements of
subsection (A) of this section. (Ord. No. 1765, § 1, 3-
13 -75)
sups. No. 22 1276.36
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00925 -5pp
§ 34-22 WASTE DISPOSAL § 34 -24
Sec. 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 pro-
cesses must conform to all applicable statutes, codes, ordi-
nances and other laws.
(C) Any person responsible for discharges requiring pre-
treatment, flow equalizing, or other facilities shall provide
and maintain the facilities in effective operating condition
at his own expense. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 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.
(B) Any person responsible for discharges requiring a trap
shall, at his oven 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 engi-
neer and by the director of public works. He shall locate the
trap in a manner that provides easy accessability for clean -
ing and inspection and maintain the trap in effective oper-
ating condition. The trap shall be inspected by the city's in-
spection 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. (Ord. No. 1765, §
1,3-13-75)
Sec. 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 man-
hole or inspection chamber;
5tipg. No. 22 1276.37
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00925 -5qq
1 § 34-24 BAYTOWN CODE § 34-25
(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 infiltration 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 objection-
able 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 construc-
tion. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 54 -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. (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
S tandard 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.
Sapp. No. 22 1276.38
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00925 -5rr
§ 3425 WASTE DISPOSAL § 34 -27
(d) The city may select an independent firm or lab to deter-
mine 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.
(Ord. No. 1765, § 1, 3- 13-75)
Sec. 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 otherwise 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 (4) times greater (for
a fifteen (15) 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 (24) 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:
(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.
(Orel. No- 17$5, § 1, 3- 13 -75)
See. 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 agree-
ment or arrangement providing:
Supp. No. 22
1276M
§ 34-27
BAYTOWN CODE
(1) terms of acceptance by the city;
(2) payment by the person making the discharge.
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -28. Application for permit.
§ 34 -28
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 discharging industrial
waste or an industrial waste mixture into the sewer or sewer
works of the city or any sewer connected thereto as of the
13th day of March, 1975 shall obtain such permit within one
hundred twenty (120) days from the 23rd day of March, 1975.
Application for a permit shall made on a form to be obtained
from the Director. A copy of said form follows:
INDUSTRIAL SEWER CONNECTION APPLICATION
To the City of Baytown, Texas:
The undersigned being the (Permittee)
of the property located at does hereby
request a permit to (install, use) an industrial sewer
connection serving the (Name of Company)
which company is engaged in
at said location.
The permittee agrees to submit the following exhibits as pre-
pared 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 locations,
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
pretreatment (if any) at said property, including a description
of the character of each waste, the daily volume and maxi-
mum rate of discharge and representative analysis of the
raw waste (Exhibit B).
5upp. No. 22 1276.40
00925 -5ss
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00925 -5tt
§ 34-28 _ WASTE DISPOSAL § 34-28
3. Plans and specifications covering all pretreatment facili-
ties 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 ma_-, mum rate of dis-
charge to the public sewer (Exhibit Q.
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
representatives in their inspecting, sampling, and study of
the industrial wastes and any facilities providing pre -
treatment.
3. To notify the approving authority immediately in the
event of any accident, negligence or other occurrence that
occasions discharge to the public sewerage system any wastes
or process wastewater not covered by this permit.
4. To accept and abide by all provisions of Chapter 34 of
the Code of Ordinances of the City of Baytown, Texas, and
of all pertinent 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:
Any special provisions agreed to by the city and permittee.
Date Signed
( Permi tte e)
Supp. No. 22 1276.41 (Address)
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00925 -5uu
§ 34-28 ]BAYTOWN CODE § 34-29
$ Attested:
Connection Fee Paid Date:
Application Approved and Permit Granted:
Date Signed
(Approving Authority)
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 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 hun-
dred twenty (120) days after the 23rd day of March,
1975.
(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 facili-
ties;
(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. (Ord. No- 1765, § 1,
3- 13 -75) 1
Supp. No. 22 1276.42 `
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00925 -5vv
§ 34-30 WASTE DISPOSAL § 34 -31
Sec. 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 ap-
proval, 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.
(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 subsection (A)
of this see' tion shall include, but not be Iimited 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 sys-
tem used in handling and treating the waste;
(2) operation and maintenance costs including salaries
and wages, power costs, costs of chemicals and
supplies, proper allowances for maintnance, deprecia-
tion., overhead, and office expense.
(D) Amortization shall be completed in a 30-year period
and payment shall include all debt service costs. (Ord. No.
1765, § 13-13-75)
Sec. 34 -31. Schedule of charges.
Industrial waste charges shall be calculated by the follow-
ing formula with the city's unit cost being figured at the
time of permit application.
AppIicaiion cost formula — Capital recovery
Ci = voVi + boBi + soSi
Supp. No. 22
1276.43
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§ 3431
00925 -5wiw
BAYTOWN CODE § 34`33
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. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 34 -32. Adjustment of charges.
(A) The city shall adjust charges at least annually to re-
flect 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 determine 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. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -33. Power to enter property.
(A) The director and other duly authorized employees of
the city bearing proper credentials and identification are en-
titled to enter any public or private property at any reason-
able time for the purpose of enforcing this chapter.
Supg. No. 22 1276.44
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§ 3.5-33
WASTE DISPOSAL
00925 -5xx
§ 3434
(B) Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety, in-
ternal 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 identification are en-
titled to enter all private properties through which the city
holds a negotiated easement for the purposes of:
(1) inspection, observation, measurement, sampling, or
repair;
(2) maintenance of any portion of the sewerage system
ly-L-ig 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 dis-
charge to the public sewers. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -34: Authority to disconnect service.
(A) The city may terminate water and wastewater disposal
service and disconnect an industrial customer from the sys-
tem when:
(1) Acids or chemicals damaging to sewer line or treatment
process are released to the sewer causing rapid deterio-
ration of these structures or interfering with proper
conveyance and treatment of wastewater;
Supp. No. 22 1276.45
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00925 -5yy
§ 34-34
BAYTOWN CODE § 34 -35
(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.
(B)
If service is disconnected pursuant to subsection (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 in-
dustrial customer provides additional pretreatment or
other facilities designed to remove the objectionable
characteristics. from his industrial wastes. (Ord. No.
1765, § 1, 3- 13 -75)
Sec. 34 -35. Notice.
. The City may serve persons discharging in violation of
this article with written notice stating the nature of the viola-
tion and providing a reasonable time limit for satisfactory
compliance. (Ord. No. 1765, § 1, 3- 13-75)
Supp. No. 22 1276.46
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§ 34-36 WASTE DISPOSAL § 34 -38
Sec. 34 -36. Continuing prohibited discharges.
No person may continue discharging in violation of this
article beyond the time limit provided in the notice. (Ord.
No. 1765, § 1, 3- 13 -75)
Sec. 34 -37. Penalty. k1
(A) Any persi7mged for corporation violating any pro-
visions of this failing to observe any provisions
hereof shall be guilty of a misdemeanor and upon
conviction shall be fined in any sum of not more than two
hundred dollars ($200.00), and each violation shall constitute
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. (Ord. No. 1765, § 1, 3 -13-
75)
Sec. 34 -38. Failure to pay.
In addition to sanctions provided for by this article, the
city is entitled to exercise other sanctions provided for by
this Code and other ordinances of the city for failure to
pay the bill for water and sanitary sewer service when
due- (Ord. No. 1765, § 1, 3- 13 -75)
Supp. No. 22 1276.47
00925 -5Zz
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