Ordinance No. 14,108ORDINANCE NO. 14,108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A WATER SUPPLY AND WASTE DISPOSAL
AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 213-A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes and
directs the City Manager to execute a Water Supply and Waste Disposal Agreement with Harris
County Municipal Utility District No. 213-A. Said agreement is attached as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this the 27t1' day of June, 2019
BRANDON CAPETILL , Mayor
ART:
L TICIA BRYSCH, Ci Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Ci At orney
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Exhibit "A"
WATER SUPPLY AND WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN, TEXAS
AND
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
This Agreement is made and entered into as of the date herein last specified by and between
the City of Baytown, Texas, a municipal corporation and home -rule city which is principally located
in Harris County, Texas (the "City"), and Harris County Municipal Utility District No. 213-A, Harris
County, Texas, a body politic and corporate and a political subdivision of the State of Texas
organized under the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49
and 54, Texas Water Code (the "District").
1. The City is a municipal corporation and home -rule city principally located in Harris
County, Texas. The City owns, operates and maintains a water supply and distribution system
supplying water to residents of the City, and a waste collection, treatment and disposal of waste plant
and related equipment and facilities for the gathering, treatment and disposal of waste.
2. The District is a municipal utility district organized and existing under Article III,
Section 52 and Article XVI, Section 59 of the Constitution of the State of Texas, created by an act of
the Texas Legislature in 2013, and operating pursuant to Chapters 49 and 54, Texas Water Code and
Chapter 8478 of the Texas Special District Local Laws Code, as amended.
3. The District will own or lease a water distribution system and a waste collection
system serving the Service Area and desires to purchase treated water for the Service Area and to
purchase treatment and disposal of waste generated within the Service Area.
4. The District is empowered to supply water for municipal uses, domestic uses, power
and commercial purposes and all other beneficial uses or controls; and to collect, transport, process,
dispose of, and control all domestic or commercial waste whether in fluid, solid or composite state.
5. The District is authorized to purchase, construct, acquire, own, maintain, repair or
improve or extend inside and outside its boundaries any and all works, improvements, facilities and
plants, necessary and incidental to the supply of water and the collection, transportation, processing,
disposition and control of all waste.
6. All or part of the Service Area lies within the extraterritorial jurisdiction of the City as
established by Chapter 42 of the Texas Local Government Code, as amended. The parties
acknowledge the possibility that the City may annex the Service Area during the term of this
agreement. In addition the parties desire to avoid overlapping responsibilities for utility service.
Water Supply and Waste Disposal Agreement, Page 1
7. The parties have determined that they are authorized to enter into this Agreement by
the Constitution and the laws of the State of Texas, including without limitation Texas Local
Government Code Section 552.001 and Texas Water Code Section 49.213, as same may be from
time to time amended.
NOW THEREFORE, for and in consideration of the premises and the mutual covenants and
agreements herein contained, the parties hereto do mutually agree as follows:
AGREEMENT
ARTICLE I
DEFINITIONS AND EXHIBITS
1.01 Definitions. The terms and expressions used in this Agreement, unless the context clearly
shows otherwise, and in addition to other defined terms herein, have the following meanings:
"Alteration" or "Alter" shall mean modifying, improving, replacing, expanding,
extending, or making other changes to a facility, exclusive of maintenance repairs which are
preventative in nature.
"City's System" shall mean the systems for the supply and distribution of water and
for the collection, transportation and treatment of wastewater and any extensions thereof and
additions thereto, currently serving or that may be constructed to serve the City.
"Director" shall mean the Director of Public Works/Utilities of the City of Baytown,
or his designee.
"District's System" shall mean the systems for the distribution of water and 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 and distribution of water from the point of interconnection with the City's
System throughout the District's System, and the transportation of waste from dwellings and
buildings connected to the District's System to the point of interconnection with the City's
System.
"Impact Fee" means a charge or assessment imposed by the City against new
development in order to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable to the new development
in accordance with Chapter 395 of the Texas Local Government Code.
"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.
Water Supply and Waste Disposal Agreement, Page 2
"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.
"Interconnections" shall mean those improvements necessary for the connection of
the City's System and District's System as set forth herein.
"Point of Delivery" shall mean the point of connection from the City's System to the
District's system, which will be at a mutually agreed upon location.
"Prohibited Waste" shall be those discharges prescribed by the City of Baytown's
Industrial Waste Ordinance as set forth in Article V of Chapter 98 of the Code of Ordinances
of the City of Baytown, a copy of which is attached hereto as Exhibit "A" and for all
purposes made a part of this Agreement. All future amendments to the City's Industrial
Waste Ordinance shall apply to this agreement when such amendments are adopted.
"Service Area" shall mean the area within the boundaries of the District, consisting of
a total of 585.758 acres, which shall include no more than 1,749single-family mixed
residential housing units (SF-2), no more than 308 medium density mixed residential units
(MF-1 a) and no more than 10.27 acres of commercial development (any combination of
NSC or GC); provided, however, the mix of residential units may be increased by no more
than ten percent (10%) so long as the maximum density per acre does not exceed 4 units an
acre. The District covenants that the Service Area is now and shall always be within the area
as more particularly described in Exhibit `B," which is attached hereto and incorporated
herein for all intents and purposes.
"Sewage" shall mean the liquid and water -carried domestic waste discharged for
sanitary conveniences of dwellings and buildings connected to a sanitary sewer collection
system, excluding industrial wastewater discharged into sanitary sewers 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.
"TCEQ" shall mean the Texas Commission on Environmental Quality or its
successor.
"Treatment Plant" or "Plant" shall mean either the Northeast District Wastewater
Treatment Plant and'or Central District Wastewater Treatment Plant, as determined by the
City, including all additions or modifications thereto which may occur subsequent to the
execution of this Agreement.
"Waste" shall mean sewage collected by a sanitary sewer system together with such
infiltration water as may be present, provided that such system is constructed in compliance
with City Specifications and continually and promptly maintained and repaired.
Water Supply and Waste Disposal Agreement, Page 3
"Water" shall mean potable water meeting the minimum drinking water standards
prescribed by Texas Department of Health Resources and TCEQ, and their successor
agencies.
1.02 Exhibits. The following Exhibits attached or to be attached to this Agreement are a part
of the Agreement as though fully incorporated herein:
Exhibit A Industrial Waste Ordinance
Exhibit B Service Area/District's Territory
Exhibit C District's Rate Order
Exhibit D City's Present Water Service Ordinance
Exhibit E City's Present Sewer Service Ordinance
Exhibit F Amendatory Contract entered into by the City of Houston and the
San Jacinto River Authority
ARTICLE II
CONSTRUCTION OF IMPROVEMENTS BY DISTRICT
2.01 District's System. The District shall acquire or construct, or cause to be acquired or
constructed the District's System. No cost of the District's acquisition or construction of the
District's System, including engineering fees, the acquisition of any lands or easements in
connection therewith, and obtaining the approval of any regulatory agency shall be borne by
the City.
2.02 City Approval of Plans and Specifications. Prior to the initiation of any construction of the
District's System, the engineers of the District shall submit to the Director for written
approval the 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, upon completion of the
construction, with one set of"as built" drawings sealed by a licensed engineer in the State of
Texas, which meet the approval of the Director and 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, sealed by a licensed engineer in the State of Texas, and similar
certification for any subsequent alterations or modifications made to the District's System
during the term of this Agreement.
2.03 Inspection. The District specifically grants the City the right to inspect at any time any
and all construction of the District's System in order to determine whether such construction
is in conformance with the City's standards and the approved plans and specifications.
Should all or any portion of the District's System be found by the Director not to conform in
some material respect with the City's standards or the approved plans and specifications,
then the District shall immediately upon receiving written notice from the City of such non -
Water Supply and Waste Disposal Agreement, Page 4
conformance take those remedial steps necessary to meet the required standards regardless of
when such non -conformity is detected. The District's System must be brought into
conformity with the City's standards and the approved plans and specifications within thirty
(30) days of the District's receipt of notice of non-conformance, unless an extension is
approved in writing by the Director. Failure to adequately and timely remedy the District's
System shall be construed as an Event of Default for which no additional opportunity to cure
shall be given.
2.04 Points of Connection. The points of connection between the City's System and the District's
System shall be approved by the Director and shall not be changed without prior written
approval of the Director.
2.05 Completion of Construction. Upon completion of the construction provided for in Section
2.01 and subject to the terms of this Agreement, both the City and the District agree as
follows: (i) the City shall deliver to the District and the District shall accept from the City
water in quantities as specified in Article IV herein, and (ii) the City shall receive from the
District and the District shall discharge such volumes of waste at such times and in such
quantities as provided in Article IV of this Agreement, for the price and at the point or points
of delivery herein provided, consistent with other limitations as stated herein.
2.06 Commencement of Use of Interconnections. The Interconnections shall be placed into
operation only upon the inspection and approval of the Interconnections and the District's
System by the City and the District. Furthermore, the City reserves the right to reject any
Interconnection designated by the District which would, in effect, interfere with or increase
the cost of any other facilities or operations which the City might wish to construct or
implement, or plan to construct or implement, or which would adversely affect the City's
ability to provide water and./or sewer services to any of its customers.
2.07 Meters.
(a) Water Measuring Equipment. The District will, at its sole cost and expense, furnish
and install or contract with the City to furnish and install at any and all
interconnections all measuring equipment as may be required by the City, including,
but not limited to, meters, totalizers and devices of standard type for measuring and
recording accurately the quantity of water delivered within an accuracy tolerance of
two percent (2%) plus or minus for a given rate of flow. It is expressly understood
and agreed by the parties hereto that a master meter(s), with a double-backflow
preventer at all points of interconnection and measuring total flow through the
Interconnection having an accuracy tolerance of two percent (29o) plus or minus for a
given rate of flow, is required and must be approved and inspected by the City prior
to the City being obligated under this Agreement to deliver any water to the District.
The District shall also install, operate and maintain or contract with the City to
install, operate and maintain, as required by the City, pressure regulating devices and
equipment. Such measuring equipment shall be approved by the City; and after the
City's approval of the installation, the same shall become the property of the City.
Water Supply and Waste Disposal Agreement, Page 5
(1) Inspection. During all reasonable hours, the City and the District shall have
access to such measuring equipment so installed. The City shall have access
to all records pertinent to determining the measurement and quantity of
treated water actually delivered hereunder, but the reading of the meters for
purposes of billing shall be done by the District.
(2) Calibration. After approved installation thereof, the City shall perform, at its
own cost and expense, periodic calibration tests on the primary measuring
equipment so installed in order to maintain the accuracy tolerance within the
guarantees of the manufacturer thereof, not to exceed tolerance of two percent
(2%), at least once every twelve (12) months. At reasonable intervals, the
City agrees to properly check and calibrate the flow recording the totalizing
measuring equipment for the purpose of ascertaining its condition of
accuracy. The City agrees to notify the District at least forty-eight (48) hours
in advance of the time any test is to be made, to permit the District to observe
such test and to furnish the District with a copy of the results of all checks
and calibration tests performed on said measuring equipment. If any tests or
calibration checks show a condition of inaccuracy, adjustments shall be made
immediately by the City so said measuring equipment will register correctly
within the aforesaid accuracy tolerance. The District shall have the right to
independently check said measuring equipment at any time upon at least
forty-eight (48) hours' notification to the Director.
(3) Check Meters. The City may install, at its own cost and expense, such check
meters in the District's pipeline as may be deemed appropriate and the
District shall have the right of ingress and egress to such check meters during
all reasonable hours; provided, however that the billing computation shall be
on the basis of the results of the measuring equipment set forth in Section
2.07(a) hereinabove.
(4) Inaccuracy Adjustments. If, upon any test, the percentage of inaccuracy of
any measuring equipment is found to be in excess of five percent (5%) for the
aforesaid given rate of flow, then the District's account shall be adjusted for a
period extending back to the time when such inaccuracy began, if such time
is ascertainable, and if such time is not ascertainable, for a period extending
back one-half (%2) of the time elapsed since the date of the last test, or, the
date of the last adjustment to correct the registration, whichever is later, but
not to exceed one hundred twenty (120) days. If, for any reason, the
measuring equipment is out of service or out of repair and the amount of
treated water delivered cannot be ascertained or computed from the reading
thereof, water delivered during the period shall be estimated and agreed upon
by the parties hereto on the basis of the best data available.
Water Supply and Waste Disposal Agreement, Page 6
(5) Independent Check of Metering_Equiument. In the event of a dispute between
the District and the City as to the accuracy of the testing equipment used by
the City to conduct the test of accuracy upon the meters being used, an
independent check may be mutually agreed upon between the District and the
City to be conducted by an independent measuring equipment company
suitable to both the District and the City, the cost of such test to be at the
District's sole expense.
(6) "Given Rate of Flow." As used in this Article, the expression "given rate of
flow" means the total quantities of treated water delivered during the
preceding period (usually a calendar month) as reflected by the recording
devices, divided by the number of days in the period.
(b) Waste Flow Devices. 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 accurately recording
total flow on a daily basis, including peak daily flows. The District shall maintain
this device in good operating condition at all times and calibrate the same for
accuracy at least once every six (6) months. The City shall have the right to inspect
this device at all times and to take readings from it. If the City's inspection shows
that the metering device is failing to register ten percent (10%) or more of the actual
wastes being discharged, then the District shall bear the cost of inspection and
recalibration. The District shall within ten (10) days after request of the Director
render any and all repairs or replace said device if necessary to provide accurate
readings. The District covenants and agrees to render monthly reporting to the City
of the readings made from such meter(s). Said readings shall be made on the first
regular business day following the first day of each month.
ARTICLE III
OWNERSHIP, OPERATION AND MAINTENANCE OF SYSTEMS
3.01 District's System. The District shall own, operate and maintain at its sole cost and expense,
the District's System and will promptly repair any of its facilities so as to prevent leakage or
infiltration. However, should the District fail to operate and maintain the District's System
in a manner consistent with sound engineering principles and should such failure become a
danger to the continued proper operation of any portion of the City's System as determined at
the sole discretion of the City, then such failure shall be considered an Event of Default. It is
expressly understood and agreed that the City at any time upon notice to the District may take
whatever steps it believes are necessary to preserve the integrity of the City's System,
including, but not limited to, discontinuing services.
3.02 City's Plumbing Code. The District covenants and agrees to comply with the City's current
Plumbing Code and all amendments thereto for water distribution and sanitary sewer
facilities and agrees not to permit plumbing work relating to water or sewer service or allow
connection to the District's System except in compliance with the City's Code and after
Water Supply and Waste Disposal Agreement, Page 7
inspection and approval by the District's operator or other authorized representative. The
District shall, after such inspection and approval and prior to service to the facility, submit to
the City an affidavit of inspection certifying that all requirements of the City's Plumbing
Code have been satisfied.
The District further agrees that all plumbing connections shall be maintained in compliance
with the Plumbing Code requirements of the City. In order to enforce this provision, the City
inspectors shall be permitted to act for and on behalf of the District or in lieu of the District's
operator, and the District will enforce any notice issued by such inspectors. The District will
be charged an inspection fee in the amount as specified in Section 2-595 of the Code of
Ordinances, as amended, for each inspection made by the City pursuant to this provision. If
any such notices are not complied with, the District shall discontinue service when this may
be legally done pursuant to the District's Rate Order upon the request of the City to do so. A
copy of such rate order is attached hereto as Exhibit "C" and incorporated herein for all
intents and purposes. Failure of the City to act on behalf or in lieu of the District shall not be
construed as a waiver of the right to so act in the future or to exercise any right or remedy
occurring as a result of the District's default.
Should the District for any reason fail to enforce the standards established by the City's
Plumbing Code for water or 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
responsibility for maintenance or for supervision of the District's System to any individual or
entity other than its own employees holding any permit or certificate required by law or a
sewage plant operator holding a valid certificate of competency issued under the direction of
the TCEQ as required by Texas Water Code Section 26.0301, as amended, or any other
permit or certificate required by law, then any such proposed service arrangement, by written
contract or otherwise, must be approved in writing by the Director, whose consent shall not
be unreasonably withheld, prior to execution by the parties. Failure of the District to submit
any such proposed service agreement to the District prior to its execution shall be considered
an Event of Default. Any outside service agreement, whether submitted to the City or not,
shall contain a clause terminating the service agreement as to the District on the date of
annexation of the District by the City.
3.05 Industrial Waste. The District shall not discharge any Industrial Waste or prohibited waste
into the City's System.
3.06 Waste to Comely with City Ordinance. 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 impermissible
discharges of Industrial and Prohibited Wastes originating from within the District. Failure
of the District to enforce said City Ordinances to the satisfaction of the City shall be
considered an Event of Default.
Water Supply and Waste Disposal Agreement, Page 8
3.07 Seepage and Infiltration. The District agrees that it will adopt and enforce written rules,
regulations, and provisions to ensure that connections to the System will be such as to
prevent as much as feasibly possible the discharge into said System of anything except
sewage; and in particular, but without limitation thereto, that no drains shall be installed or
connected in such a manner that any rainwater or other surface waters are permitted to enter
the District's System; and, in addition, that adequate safeguards will be taken to prevent any
abnormal seepage or infiltration or discharge of any solid matter into said System. The
District agrees that throughout the term of this Agreement the District will promulgate and
enforce an active program to reduce the inflow and infiltration into the City's System.
Additionally, the District shall tender to the City a report at least annually on the progress of
such program. Within ninety (90) days following the date of execution of this Agreement by
the City, the District shall supply the Director with a copy of such rules, regulations, and
contracts, including a statement of measures designed to enforce such provision. The District
shall initiate whatever lawful actions are necessary to disconnect any customer who,
following reasonable notice, refuses to remove noncompliant connections. The District will
inspect all connections at the time made and continue to monitor the District's System as a
whole to detect infiltration and unpermitted connections at least one (1) time per month or as
otherwise may be ordered by the Director. The District further agrees to continuously
maintain the District's System so as to prevent any abnormal seepage or infiltration or
discharge of any solid matter into said System. Failure to do so shall be an Event of Default
notwithstanding any payments pursuant to the following paragraph.
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 agrees to pay
the additional charges provided for in Article V 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 ensure 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 may participate in a federally -funded grant program for the
construction of sewage treatment plants under the provisions of the Federal Water Pollution
Control Act, P.L. 92-500, as amended. Furthermore, the District recognizes that the City
may in the future participate in similar federal or state programs. As part of such programs,
and consistent with the City's successful participation and sharing in grant funds, certain
responsibilities may be imposed upon the City with respect to compliance with state and/or
federal rules and regulations regarding contributors to the City's System. The District
recognizes that by virtue of this Agreement, it is a contributor to the City's System and, as a
contributor shall be required to take all necessary steps to enable the City to continue to
comply with such programs and to bear the District's pro rata share of the expense of such
compliance. More specifically, the District authorizes the City and its representatives to
enter District property and to conduct those tests, including, but not limited to,
infiltration/inflow analyses, smoke tests, and/or other similar analyses as required under the
provisions of the Federal Water Pollution Control Act and the City's Federal Grant
Agreements to characterize the condition of the District's System. The District agrees to pay
Water Supply and Waste Disposal Agreement, Page 9
costs of such analyses of the District's System not refunded by the state or federal
government to the City, within thirty (30) days of receipt of an invoice for the same. In
addition, the District agrees to pay within thirty (30) days of receipt of an invoice the
unrefunded costs of any remedial measures necessary to improve the District's System in
order to comply with state or federal requirements and agrees to see that such remedial
measures are timely taken. Such steps are not exclusive, and the District agrees to take all
steps necessary to assure the 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 the quality or quantity standards as otherwise specified herein including
"Prohibited Waste."
3.10 Title to and Responsibility for Water. Title to, possession, and control of water shall remain
in the City, or its assigns, to the point of delivery where title to possession, and control of
water delivered under this Agreement shall pass from the City to the District; and the District
will take such title, possession and control at such point of delivery. As between the parties
hereto, the City shall be in exclusive control and possession of the water deliverable
hereunder and solely responsible for any damage or injury caused thereby until the same shall
have been delivered to the District at such point of delivery, after which delivery the District
shall be in exclusive control and possession thereof and solely responsible from any injury or
damage caused thereby, and such party respectively shall save and hold the other party
harmless from all claims, demands, and causes of action which may arise while said water is
under its respective ownership and control. The City shall not be responsible in damages for
any failure to supply water or for interruption of the water furnished hereunder. The District
agrees to save harmless the City from all damage to real and personal property occasioned or
caused by the making of the water connection or connections herein referred to or caused by
the furnishing of water hereunder, and shall also save and keep harmless the City from all
damage of any kind, nature and description which may arise as the result of the making of
this Agreement.
ARTICLE IV
QUANTITY AND CAPACITY
4.01 General. All services to be provided by the City herein shall be expressly subject to the
payment of the appropriate impact fees, without credit and/or reimbursement, and other costs
specified in this Agreement and the City's Code of Ordinances.
(a) Water. Subject to the terms and conditions of this Agreement, City agrees to sell and
deliver (or cause to be delivered) to the District, the District's water requirements of
treated water, and the District agrees to purchase from City, the District's treated
Water Supply and Waste Disposal Agreement, Page 10
water requirements for resale during the term of this Agreement for water services to
be supplied in the Service Area. The District's total treated water requirements shall
mean the total quantity of treated water the District needs to conduct operations, use
or resell within the 500.5 acres, subject to the limitation expressed hereinabove. The
maximum amount of total treated water that the City shall be obligated to provide
shall be the alternate capacity requirement assigned by the TCEQ to the District. As
such, the District is hereby required to submit a request to obtain alternative capacity
requirements from the TCEQ in accordance with 30 TAC §290.45(g) within six
months after it has acquired three (3) years of data regarding the daily production of
the District's water system. Until such alternative capacity requirement is obtained, it
is stipulated that the District's total treated water requirements shall not exceed
800,000 gallons per day average daily flow. The City shall not be required at any
time during the term of this Agreement to provide more than the following:
Peak Hour Flow
Average Daily Flow7416.67
2018-2019
75,000 d156.25
m
2020-2021
200,000 d
gpm
2022-2023
400,000 gpd
833.33 gpm
2024-2025
600,000 gpd
1,250.00 gpm
2026
800,000 gpd
1,667.67 gpm
(b) Waste. In consideration of the compensation stated herein, the City shall accept and
treat waste from the District and the District shall have the privilege of discharging
waste into the City's System, not to exceed 650,000 gallons per day average daily
flow (representing connections for the Service Area described in Article I).
4.02 Capacity Reserved. The City covenants and agrees that upon receipt of impact fees as
provided for in Section 5.01 of this Agreement, the City shall endeavor to reserve for the
exclusive use and benefit of the District, the capacity in its water supply facilities and in its
treatment plant sufficient to supply and treat the quantities set forth in Section 4.01 of this
Agreement. However, the District shall not be guaranteed any specific quantity or pressure
of water for the services to be provided herein by the City if the City's water supply is limited
or when the District's equipment may become inoperative due to unforeseen breakdown or
scheduled maintenance and repairs, and the City is in no case to be held to any liability for
failure to furnish any specific amount or pressure of water or to furnish any specific capacity
in its Plant for the District.
4.03 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
Agreement without the express prior written consent of the City. Failure to comply with this
provision shall constitute an Event of Default.
Water Supply and Waste Disposal Agreement, Page 11
ARTICLE V
PAYMENT AND TERMS
5.01 Impact Fees. The District shall pay to the City impact fees pursuant to Chapter 114, Article IV of the
Code of Ordinances, Baytown, Texas, to purchase water capacity and wastewater capacity from the
City to serve the Service Area. The impact fees may be adjusted from time to time by the City
Council and the District shall be required to pay the rate in effect at the time payment is due.
a. Water Impact Fee. The water impact fee shall be one hundred twenty-five percent (1250 o) of
the water impact fee pursuant to Section 114-99 (b) of the City of Baytown Code of
Ordinances for each equivalent single-family connection ("ESFC") charged to development
within the City at the time of collection. The water impact fee shall be collected at the time
the Developer submits each final plat.
b. Wastewater Impact Fee. The wastewater impact fee shall be one hundred twenty-five percent
(12500) of the wastewater impact fee pursuant to Section 114-99 (b) of the City of Baytown
Code of Ordinances for equivalent single-family connection ("ESFC") charged to
development within the City at the time of collection. The wastewater impact fee shall be
collected at the time the developer submits each final plat.
5.02 Monthly Service Charge..The District shall pay to the City in monthly installments the
following:
(a) Water 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, applied to the actual
quantity of treated water delivered to the District during the month in question per
connection. The charge shall be calculated on the basis of the metered water use and
otherwise for each connected user, consistent with the provisions for such calculation found
in the City's Water Service Rate Ordinance, which may be amended from time to time. A
copy of the City's present rate ordinance for water service, as set forth in Chapter 98, Article
III of the Code of Ordinances of the City of Baytown, in effect as of the date of this
Agreement, is attached as Exhibit "D," and incorporated herein. For example, as of the
Effective Date of this Agreement for water service for single-family residential units, the
District shall pay $3.62 per bill, $7.53 for the base charge per connection and the following
per gallons used per connection:
Up to 2,000 gallons per unit..................................................................$2.57
Over 2,000 6,000 gallons per unit......................................................$5.60
Over 6,000 -- 12,000 gallons per unit....................................................$6.71
Over 12,000 - 18,000 gallons per unit..................................................$8.74
Over 18,000 gallons per unit...............................................................$11.36
The District agrees that the payment due herein shall be calculated on a per
residential/commercial connection basis by using the water delivered as measured by the
master meter(s) or individual residential/commercial meters, whichever is greater. Should a
Water Supply and Waste Disposal Agreement, Page 12
disparity between the master meter(s) and meters of the individual residences or commercial
developments exist and the master meter(s) records a greater water usage, the District shall
be responsible for the payment of the amount of water usage indicated by the master meter(s)
at the rate hereinabove expressed.
(1) As used in this subsection (a), the term "day" shall mean a period of twenty-four (24)
consecutive hours beginning at eight o'clock (8:00) a.m. on one calendar day and
ending at eight o'clock (8:00) a.m. on the next succeeding calendar day. The term
"month" shall mean a period beginning at eight o'clock (8:00) a.m. on the first day of
a calendar month and ending at eight o'clock (8:00) a.m. on the first day of the next
succeeding calendar month, except that the first month or partial month shall begin
on the day of the initial delivery of water hereunder, and the minimum monthly
payment, if any, shall be prorated for such partial month.
(2) The measuring equipment used for the measurement of treated water shall be read by
the District on the last day of each month (or at such period of frequency arranged
between the parties) at eight o'clock (8:00) a.m., or as near thereto as reasonably
practicable; and on such day, the District shall account and certify to the City the
amount of treated water delivered to the District. Additionally on that day, the
District shall render to the City an accounting of the service charges as provided in
Section 5.03. On receipt of the above -described accounting, the Director will bill the
District for the service charges accrued during the preceding month. Payment by the
District to the City shall be made within thirty (30) days following the receipt of the
bill.
(b) Wastewater 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, applied to
the metered waste gathered by the District's System, delivered to the City at the point(s) of
connection, and treated by the Plant during the month in question per connection within the
District's Service Area. The charge shall be calculated on the basis of the metered discharge
at the point of connection, and shall be determined and billed in accordance with Section 98-
92(a) of the Code of Ordinances of the City of Baytown, as may hereafter be amended. A
copy of the City's present rate ordinance for sanitary sewer service, as set forth in Chapter
98, Article IV of the Code of Ordinances of the City of Baytown, in effect as of the date of
this Agreement, is attached as Exhibit "E," and incorporated herein. As of the Effective Date
of this Agreement, the District shall pay $3.62 per bill for the base charge plus $10.13 for the
first 2,000 gallons used per connection and $5.63 for each additional 1,000 gallons used per
connection. The usage per user connection shall be calculated by dividing the total metered
discharge at the point of connection with the City by the number of users in the District as
reported by the District to the City.
5.03 Operating Reports. Each month, the District shall provide to the City a preliminary operating
report in a form approved by the City's Director of Finance. Such preliminary operating reports shall
be tendered to the City on or before the I Wh of each month concerning the prior month's operations.
After receipt of each preliminary operating report, the City will generate an invoice specifying the
Water Supply and Waste Disposal Agreement, Page 13
amount due and owing for the report period. The District shall present both the preliminary
operating report and the corresponding invoice to its Board of Directors each month on or before the
third Thursday of the month for the Board's review and approval. On or before the Friday after the
third Thursday of each month, the District shall tender to the City a final operating report for the
previous month in a form approved by the City's Director of Finance containing a certification by the
presiding officer of the Board that the information contained in the report is true and correct. Should
there be any difference between the preliminary and final operating reports, which affects the amount
due and owing to the City, the City shall adjust the next month's bill to address such difference.
5.04 Right of Inspection. City shall have the right at any time by actual count or by an inspection of the
District's books, records and accounts to determine the number of water and sewer connections
served by the District, and the District shall have the right at any time to inspect the City's books,
records and accounts to verify the charges levied by the City. It shall be the duty of the parties to
cooperate fully with each other in any such count, inspection or audit. All books, records and
accounts shall be open for inspection at all reasonable hours for any authorized representative of the
parties.
5.05 Billingand nd Payments. Beginning on the date when the City first commences taking waste from the
District through the Plant, the District shall account and certify to the City the number of connections
in use on said first day; and thereafter, the District shall render to the City on the first day of each
month an accounting of the service charges as provided in Section 5.03. On receipt of the above -
described accounting, the Director will bill the District for the service charges accrued during the
preceding month. Payment by the District to the City shall be made within thirty (30) days following
the receipt of the bill.
Any sums payable by the District to the City under this Agreement which are not paid within thirty
(30) days following the receipt of the bill shall bear interest in accordance with Section 2251.025,
Texas Government Code. If the District defaults on the payment of any bill, and the amount so past
due and unpaid, including interest thereon, is collected by the City by suit, there shall be reasonable
attorneys' fees added thereto for collection thereof by suit. Failure to pay charges when due shall
constitute an Event of Default. Notwithstanding any of the above, in the event the District fails to
tender payment of any amount when due and such failure continues for thirty (30) days after notice in
writing to the District of such default, the City may suspend delivery of services offered hereunder,
but the exercise of such right shall be in addition to any other remedy available to the City.
5.06 Service Charge Modifications. Although the City believes that the present charge for such services
as set forth herein are fair and reasonable; nonetheless, the parties realize that due to unforeseen
contingencies, the City may increase the charges for such services, whether by amendment of the rate
schedule for like services outside the City limits upon which the service charges levied hereunder are
based, or by other means.
5.07 Operating Expense and Covenants as to Rates. The sums to be paid the City by the District under the
terms of this Agreement are declared by the District to be an essential cost of operating and
maintaining the District's System as a part of the District's combined waterworks, sanitary sewer and
drainage system and such costs shall be first charge upon the gross revenues received from the
Water Supply and Waste Disposal Agreement, Page 14
District's System as a part of the District's combined waterworks, sanitary sewer and drainage
system, and such costs shall be a first charge upon the gross revenues received from the District's
operation of said combined system. The District agrees to establish and maintain rates sufficient to
pay all costs and expenses of operation and maintenance of the District's System.
5.08 Events of Default. An Event of Default, as stated from time to time herein, shall constitute a
material breach of this Agreement for which the City may, and the District explicitly recognizes the
City's right to, terminate service under this Agreement and to seek all remedies at law or in equity
necessary to enforce the provision(s) violated; provided however, that this Agreement shall not be
terminated prior to the City's giving thirty (30) days' written notice to the District of the Event of
Default complained of and a reasonable opportunity for the District to cure said default, or, if not
curable in that time as determined at the sole discretion of the City, to commence within thirty (30)
days substantial curative efforts and faithfully prosecute the same. Termination of service pursuant
to this section shall not limit either party to any other remedy at law or in equity.
ARTICLE VI
PERFORMANCE REGARDING TREATED WATER SERVICES
The City covenants and agrees that it will not contract for the sale of water to other users to
such an extent or for such quantities as to impair the City's ability to perform fully and punctually its
obligations to the District under this Agreement. In case of temporary shortage of water
notwithstanding the City's compliance with the provisions of this Article, the City shall distribute the
available supply as provided by the laws of the State of Texas. It is specifically agreed and
understood that this agreement contemplates that the District will resell the water purchased pursuant
to the terms hereof.
Pursuant to the Amendatory Contract entered into by the City of Houston and the San Jacinto
River Authority, a copy of which is attached hereto as Exhibit "F" and incorporated herein for all
intents and purposes, and not withstanding any other provision of this Agreement to the contrary, the
District covenants and agrees that it takes the treated water under this Agreement from the City for
solely municipal purposes, as such term is defined by the TCEQ rules, currently in effect or
hereinafter amended, and no other purposes. Such treated water shall be sold, distributed or used and
ultimately consumed only for residential household or other strictly municipal purposes exclusively
within the District's Service Area.
The District understands and agrees that the City, the Baytown Area Water Authority, the
City of Houston or the San Jacinto River Authority, or any combination thereof, may enforce the
covenants contained in this Article by an action brought directly against the District. In the event
that the City maintains any legal proceeding to enforce such covenants, the District agrees to
indemnify the City in the amount of all expenses relating to the legal proceeding, including, but not
limited to, costs of court and reasonable attorney's fees.
The District acknowledges that the City may be liable to the Baytown Area Water Authority,
the City of Houston and/or the San Jacinto River Authority for monetary damages in the event that
Water Supply and Waste Disposal Agreement, Page 15
the District or any purchaser of water from or through the District fails to comply with the
restrictions and limitations on the sale of water set out in this Article. The District acknowledges
that such monetary damages would amount to seventy-five percent (75%) of the consideration or
revenue received by the City for the estimated amount of water distributed, sold or used in violation
of such restrictions or limitations plus all litigation expenses, reasonable attorney fees, and all other
remedies available to the Baytown Area Water Authority, the City of Houston and/or the San Jacinto
River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City
from and against any such expenses and liability which the City might incur or any loss the City
might suffer as a result of any failure by the District or any purchaser of water from or through the
District, to comply with such restrictions and limitations. The District further agrees to include
covenants in any sales or contracts for sale of water by the District to any other entity to ensure that
said other entity will likewise indemnify, hold harmless and defend the City. The District agrees to
submit the wording of such covenants for the written approval of the City prior to entering into such
contracts.
The District acknowledges that the City of Houston may be liable to the San Jacinto River
authority for monetary damages in the event that the District or any purchaser of water from or
through the District fails to comply with the restrictions and limitations on the sale of water set out in
this Article. The District acknowledges that such monetary damages would amount to seventy-five
percent (75%) of the consideration or revenue received by the City of Houston for the estimated
amount of water distributed, sold or used in violation of such restrictions or limitations plus all
litigation expenses, reasonable attorney fees, and all other remedies available to the San Jacinto
River Authority. The District hereby agrees to fully indemnify, hold harmless and defend the City of
Houston from and against any such expenses and liability which the City of Houston might incur or
any loss the City of Houston might suffer as a result of any failure by the District or any purchaser of
water from or through the District, to comply with such restrictions and limitations. The District
further agrees to include covenants in any sales or contracts for sale of water by the District to any
other entity to ensure that said other entity will likewise indemnify, hold harmless and defend the
City of Houston. The District agrees to submit the wording of such covenants for the written
approval of the City prior to entering into such contracts.
On or before the first anniversary of the date this agreement is signed, the District shall
approve and implement and throughout the term hereof remain in full compliance with a water
conservation program in accordance with the requirements of the TCEQ. Such plan and any
amendments thereto shall be submitted to the appropriate authority as required by state law for
review and approval. In the event that the TCEQ adopts new requirements, the District shall adopt
an amended plan and submit same to the appropriate authority for review and approval.
Within thirty (30) days after the term of this Agreement, the District shall furnish the City
with a statement, under oath, showing the quantities and sources of all water for use or resale by the
District.
Water Supply and Waste Disposal Agreement, Page 16
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.01 Force Majeure. In the event any party is rendered unable, wholly or in part, by force
majeure to carry out any of its obligations under this Agreement, it is agreed that on such
party'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 but for no longer period.
Such cause shall as far as possible be remedied with all reasonable dispatch.
The term "force majeure" as used herein, shall include, but not be limited to acts of God,
strikes, lockouts or other industrial disturbances, acts of the public enemy, war, blockades,
insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrests and restraints of governments and people,
explosions, breakage or damage to machines or pipelines and any other inability of either
party, whether similar to those enumerated or otherwise and not within the control of the
parties claiming such inability, which by the exercise of due diligence and care such party
could not have avoided.
It is understood and agreed that the settlement of strikes or lockouts shall be entirely within
the discretion of the party having the difficulties, and the above -referenced requirement that
any force majeure be remedied with all reasonable dispatch shall not require the settlement of
strikes or lockouts by acceding to demands of the opposing party when such course is
inadvisable in the discretion of the party having the difficulty.
7.02 Approval. Whenever this Agreement requires or permits approval or consent to be
hereinafter given by any party, such approval or consent shall not be unreasonably withheld,
and, if finally given, shall be effective without regard to whether such approval or consent is
given before or after the time required herein. Such approval or consent on behalf of a party
shall be evidenced by an ordinance or resolution adopted by the governing body of the party,
or by an appropriate certificate executed by a person, firm or entity previously authorized to
determine and give such approval or consent on behalf of the party pursuant to an ordinance
or resolution adopted by the governing body, unless stated otherwise herein.
7.03 Address and Notice. Unless otherwise provided in this Agreement, any notice,
communication, request, reply or advice (herein severally and collectively for convenience,
called "Notice") herein provided or permitted to be given, made or accepted by any party to
the other must be in writing and may be given or served by depositing the same in the United
States mail, postpaid and registered or certified and addressed to the party to be notified, with
return receipt requested, or by delivering the same to an officer of such party, or by prepaid
telegram, when appropriate, addressed to the party to be notified. Notice deposited in the
mail in the manner hereinabove described shall be conclusively deemed to be effective,
Water Supply and Waste Disposal Agreement, Page 17
unless otherwise stated in this Agreement, from and after the expiration of three (3) days
after it is so deposited.
Notice given in any other manner shall be effective only if and when received by the party to
be notified. However, in the event of service interruption or hazardous conditions, neither
party will delay remedial action pending the receipt of formal notice. For the purpose of
notice, the address of the parties shall, until changed as hereinafter provided, be as follows:
If to the City, to
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522-0424
Fax: (281) 420-6586
If to the District, to:
Harris County Municipal Utility District No. 213-A
Attn: Timothy G. Green
Coats Rose
9 Greenway Plaza, Suite 1000
Houston, Texas 77046
Fax: (713) 651-0220
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.
7.04 Assignability. This Agreement shall bind and benefit the respective parties and their legal
successors and shall not be assignable in whole or in part by any party without first obtaining
written consent of the other party.
7.05 Regulatory Agencies. This Agreement shall be subject to all present and future valid laws,
orders, rules and regulations of the United States of America, the State of Texas, and of any
regulatory body having jurisdiction.
7.06 No Additional Waiver Implied. The failure of any party hereto to insist, in any one or more
instances, upon performance of any of the terms, covenants or conditions of this Agreement,
shall not be construed as a waiver or relinquishment of the future performance of any such
terms, covenants or conditions by any other party hereto, but the obligation of such other
party with respect to such future performance shall continue in full force and effect.
Water Supply and Waste Disposal Agreement, Page 18
7.07 Modification. Except as otherwise provided herein, this Agreement shall be subject to
change or modification only with the mutual written consent of the parties hereto.
7.08 Parties in Interest. This Agreement shall be for the sole and exclusive benefit of the parties
hereto and shall not be construed to confer any rights upon any third party. The City shall
never be subject to any liability in damages to any customer of the District for any failure to
perform its obligations under this Agreement.
7.09 Captions. The captions appearing at the first of each numbered section in this Agreement are
inserted and included solely for convenience and shall never be considered or given any
effect in construing this Agreement or any provision hereof, or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any
question of intent should arise.
7.10 Severability. The provisions of this Agreement are severable, and if any provision or part of
this Agreement or its application thereto to any person or circumstance shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement and the application of such provisions or part of this Agreement
to other persons or circumstances shall not be affected thereby.
7.11 Merger. This Agreement embodies the entire understanding and agreement between the
parties as to the water supply and waste disposal services, and there are no prior effective
representations, warranties or agreements between the parties.
7.12 Construction of Agreement. The parties agree that this Agreement shall not be construed in
favor of or against any party on the basis that the party did or did not author this Agreement.
7.13 Term. This Agreement shall be in force and effect from the date of execution hereof for a
term of thirty (30) years provided that (i) City's contract with the Baytown Area Water
Authority for the purchase of treated water in sufficient quantities to supply the District under
the terms and conditions in effect at the time of the execution of this Agreement remain
unchanged and (ii) the Baytown Area Water Authority's contract with the City of Houston
for the purchase of raw water in sufficient quantities to supply the Baytown Area Water
Authority under the terms and conditions in effect at the time of the execution of this
Agreement remain unchanged. Should the City's contract with the Baytown Area Water
Authority or the Baytown Area Water Authority's contract with the City of Houston be
terminated for any reason or should the City become legally unable to supply the District,
then this Agreement shall terminate automatically at the time of such termination or inability.
This Agreement shall be automatically extended for additional five (5) year terms unless
either party gives written notice of termination three months prior to the date of any such
automatic extension. However, both parties expressly understand and agree that should any
portion of the property involved in this Agreement become annexed by the City of Baytown
for full purposes, this Agreement may terminate with respect to such area at the sole option
of the City.
Water Supply and Waste Disposal Agreement, Page 19
7.14 Agreement Read. The parties acknowledge that they have read, understand and intend to be
bound by the terms and conditions of this Agreement.
7.15 Multiple Originals. It is understood and agreed that this Agreement may be executed in a
number of identical counterparts each of which shall be deemed an original for all purposes.
[Remainder of page intentionally left blank.]
Water Supply and Waste Disposal Agreement, Page 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this
day of , 2018.
DISTRICT
(Signature) (Date)
By:
(Printed Name)
(Title)
Harris County Municipal Utility District No. 213-A
ATTEST:
(Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM:
(Signature)
(Printed Name)
(Title)
Water Supply and Waste Disposal Agreement, Page 21
CITY
RICHARD L. DAVIS, City Manager (Date)
City of Baytown, Texas
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
AcobfsO I %legaKKarenlFileslContracts\Water& Wastewater Agreement\MUD 213 WASTEH20ContractO1102018 (SU) (002) (3).doc
Water Supply and Waste Disposal Agreement, Page 22
Exhibit "A"
ARTICLE V. - INDUSTRIAL WASTE
DIVISION 1. -GENERALLY
Sec. 98-126. - Definitions.
The following words, terms and phrases, when used In this article, shall have the meanings ascribed
to them In this section, except where the context clearly Indicates a different meaning:
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq.
Approval authority or administrator means the EPA region VI administrator or the director of a
National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state
pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c).
Authorized representative of the industrial user means that the reports required by this section shall
include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if the Industrial user submitting the reports Is a corporation.
For the purpose of this subsection, a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any person with similar policy- or decision -making responsibilities for
the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, In second-quarter 1980 dollars, If authority to sign documents has been
assigned or delegated to the manager In accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship, respectively.
(3) By a duly authorized representative of the Individual designated in subsection (1) or (2) of this
definition if:
a. The authorization Is made in writing by the individual described in subsection (1) or (2) of
this definition;
b. The authorization specifies either an Individual or a position having responsibility for the
overall operation of the facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or wellfield superintendent, or a position of
equivalent responsibility for environmental matters for the company; and
c. The written authorization is submitted to the director.
(4) If an authorization under subsection (3) of this definition is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying the
requirements of subsection (3) of this definition must be submitted to the city prior to or
contemporaneously with any reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/l,
utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at
a temperature of 20 degrees Celsius.
Blowdown means the minimum discharge of recirculating water for the purpose of discharging
materials contained in the water, the further buildup of which would cause concentration in amounts
exceeding limits established by best engineering practices.
Page 1
Building sewer means the extension from the building drain to the public sewer or other place of
disposal, also called house lateral and house connection.
Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic
and organic matter present in the water or wastewater expressed in mg/I as the amount of oxygen
consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with biochemical oxygen demand.
City or individuals representing the city means the City of Baytown, Texas, or any authorized person
acting in its behalf.
Composite sample means a sampling method that combines discrete aliquots of a sample collected
over time, based on the flow of the wastestream being sampled. There are two methods used to collect
this type of sample. One method collects a constant sample volume at time intervals which may vary
based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged).
The other method collects aliquots of varying volume, based on stream flow, at constant time Intervals.
Contact cooling water means water used for cooling which comes into contact with raw material,
intermediate product, waste product or finished product.
Control authority refers to the POTW of the city.
Control manhole means a manhole giving access to a building sewer at some point before the
building sewer discharge mixes with other discharges in the public sewer.
Director means the director of the city public works/utilities department, or his authorized deputy,
agent or representative.
Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and
dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Environmental protection agency or EPA means the United States Environmental Protection Agency.
Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
Indirect discharge or discharge means the Introduction of pollutants into a POTW from any
nondomestic source regulated under section 307(b), (c) or (d) of the act.
Industrial user (1Q) or user means a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing, trade or
business from the development of any natural resource, disposal garbage or any mixture of the waste
with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge or user charge or surcharge means the charge made on those persons who
discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer
system to recover excessive costs for treatment by the city.
Interference means a discharge which, alone or in conjunction with a discharge or discharges from
other sources, both: (1) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and (ii) therefore, is a cause of a violation of any requirement of the POTW's
TPDES permit, including an increase in the magnitude or duration of a violation, or of the prevention of
sewage sludge use or disposal in compliance with the following statutory provisions and regulations or
permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) including Title 11, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
Maximum allowable discharge limit means the highest allowable discharge.
Milligrams per liter (mg/I) means the same as parts per million and is a weight -to -volume ratio; the
milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of
water.
Page 2
National pretreatment standard, pretreatment standards or standards means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c)
of the act, which applies to industrial users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or
groundwater.
New source means any building, structure, facility or installation from which there Is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under section 307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated in accordance with that section, provided that (1) the building,
structure, facility or installation is constructed at a site at which no other source is located; (ii) the building,
structure, facility or installation totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (III) the production or wastewater generating processes of
the building, structure, facility or installation are substantially independent of an existing source at the
same site. In determining whether these are substantially Independent, factors such as the extent to
which the new facility Is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source should be considered. Construction
on a site at which an existing source is located results in a modification rather than a new source if the
construction does not create a new building, structure, facility or installation meeting the criteria of
subsections (i) through (Ili) of this definition but otherwise alters, replaces or adds to existing process or
production equipment. Construction of a new source has commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on -site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. Significant site preparation work, including clearing, excavation or removal of existing
buildings, structures or facilities which is necessary for the placement, assembly or
Installation of new source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering and design studies do not constitute a contractual obligation under this
subsection.
Noncontact cooling water means water used for cooling which does not come into contact with any
raw material, intermediate product, waste product or finished product.
Nondomestic user means any person who discharges, causes or permits the discharge of
wastewater from any facility other than a residential unit.
Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a
person into sanitary sewers and in which the average concentration of total suspended solids is not more
than 250 mg/I and BOD is not more than 250 mg/I.
Operator means the person responsible for the overall operation of a facility.
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its
engineered design capacity.
Owner means the person who owns a facility or part of a facility.
Pass through means a discharge which exits the POTW into waters of the United States, or any
state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an
increase, in the magnitude or duration of a violation.
Person or any individual means and includes corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
Page 3
pH means the logarithm (base 10) of the reciprocal of the hydrogen Ion concentration.
Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water. It does not mean sewage from vessels; or water, gas or other material which is injected into a
well to facilitate production of oil or gas, or water derived In association with oil and gas production and
disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by
authority of the state in which the well is located and if the state determines that the injection or disposal
will not result in the degradation of groundwater or surface water resources.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise
introducing such pollutants Into a POTW. The reduction or alteration may be obtained by physical,
chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR
403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or
facilities, for protection against surges or slug loadings that might Interfere with or otherwise be
incompatible with the POTW. However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, Imposed on an industrial user.
Process wastewater means any water which, during manufacturing or processing, comes Into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct or waste product.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of
abutting properties shall have the use, subject to control by the city.
Publicly -owned treatment works (POTYt9 or wastewater treatment plant means a treatment works as
defined by section 212 of the act, which is owned by a state or municipality, as defined by section 502(4)
of the act. This definition includes any devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the
municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a
combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes
are not intentionally passed.
Significant industrial user means:
(1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR
chapter I, subchapter N; and
(2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to
adversely affect the POTW's operation, or that contribute a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant, or that discharge an average of 25,000 gallons per day or more of process
wastewater to the POTW. However, the director need not designate as significant any
noncategorical industrial user that, in the opinion of the director and with the agreement of the
administrator, has no potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement. Any noncategorical Industrial user designated as
significant may petition the director to be deleted from the list of significant Industrial users on
the grounds that it has no potential for adversely affecting the POTW's operation or violating
any pretreatment standard or requirement.
Page 4
Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to,
an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in
concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer
than 15 minutes more than five times the average 24-hour concentration or flows during normal
operation.
Standard industrial classification (SIC) code means a classification pursuant to the Standard
Industrial Classification Manual currently Issued by the Executive Office of the President, Office of
Management and Budget. The SIC defines industries In accordance with the composition and structure of
the economy and covers the entire field of economic activities.
Storm sewer means a public sewer that carries stormwater and surface water and drainage and into
which domestic wastewater or industrial waste is not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Strong acid means any substance with a pH less than 6.0.
Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on
the surface of or are in suspension in water, wastewater or other liquids and which are largely removable
by a laboratory filtration device.
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release
or dispose of, or to allow, permit or suffer any of these acts or omissions.
Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in
regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances.
Unpolluted wastewater means water containing:
(1) No free or emulsified grease or oil;
(2) No acids or alkalis;
(3) No phenols or other substances producing taste or odor in receiving water;
(4) No toxic or poisonous substances in suspension, colloidal state or solution;
(5) No noxious or otherwise obnoxious or odorous gases;
(6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as
determined by the state natural resource conservation commission; and
(7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as
specified in 40 CFR 136.
Waste means rejected, unutilized or superfluous substances In liquid, gaseous or solid form resulting
from domestic, agricultural or industrial activities.
Wastewater means a combination of the water -carried waste from residences, business buildings,
Institutions and Industrial establishments, together with any groundwater, surface water and stormwater
that may be present.
Wastewater facilities includes all facilities for collection, pumping, treating and disposing of
wastewater and industrial wastes.
Watercourse means a natural or manmade channel in which a flow of water occurs, either
continuously or intermittently.
(Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord.
No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06)
Page 5
Cross reference— Definitions generally, § 1-2.
Sec. 98-127. -Abbreviations.
As used in this article, the following abbreviations shall have the following meanings:
BOD means five-day biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means U.S. Environmental Protection Agency.
mgA means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O&M means operation and maintenance.
POTW means publicly -owned treatment works.
SIC means standard industrial classifications.
TCEQ means Texas Commission on Environmental Quality
TPDES means Texas Pollutant Discharge Elimination System.
TSS means total suspended nonfilterable solids.
USC means United States Code.
(Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 3, 5-11-06)
Sec. 98-128. - Purpose.
This article sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the city and enables the city to comply with all applicable state and
federal laws required by the Clean Water Act (33 U.S.C. § 1251 at seq.) and the General Pretreatment
Regulations (40 CFR 403).
(Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-129. - Objectives.
(a) The objectives of this article are to:
(1) Prevent the introduction of pollutants Into the municipal wastewater system which will interfere
with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, Inadequately treated, into receiving waters or the atmosphere or otherwise
be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4) Provide for equitable distribution of the cost of the municipal wastewater system;
(5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with
all local, state and federal statutes and regulations;
Page 6
(6) Protect the health and welfare of the general public and all the POTW personnel;
(7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements
and any other applicable federal or state law, and
(8) Prevent property damage.
(b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater
system through the issuance of permits to certain nondomestic users and through enforcement of
general requirements for the other users, authorizes monitoring and enforcement activities, requires
user reporting, assumes that existing customer's capacity will not be preempted and provides for the
setting of fees for the equitable distribution of costs resulting from the program established in this
article.
(Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 4, 5-11-06)
Sec. 98-130. -Jurisdiction and enforcement.
(a) This article shall apply to the city and to persons and entities outside the city who are, by contract or
agreement with the city, users of the city POTW.
(b) Except as otherwise provided in this article, the director shall administer, implement and enforce the
provisions of this article.
(c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as
established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all
users of the water and sewer system of the city, regardless of location.
(Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-131. -Applicability.
This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly
Into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located
outside the city limits to continue discharges to the POTW except as provided in this article.
(Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-132. - Compliance.
(a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all
persons discharging:
(1) Wastewater;
(2) Industrial waste; and/or
(3) Polluted liquids.
(b) Unless authorized by the state natural resource conservation commission, no person may deposit
or discharge any waste included in subsection (a) of this section on public or private property into or
adjacent to any:
(1) Natural outlet;
(2) Watercourse;
(3) Storm sewer; or
Page 7
(4) Other area within the jurisdiction of the city.
(c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state
and local governments.
(Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-133. - City requirements.
(a) If discharges or proposed discharges to public sewers may (1) cause damages to collection facilities;
(ii) impair the processes; (III) incur treatment cost exceeding those of normal sewage; (iv) render the
water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a
public nuisance; the approving authority shall require the following:
(1) Pretreatment to an acceptable condition for discharge to the public sewers;
(2) Control of the quantities and rates of discharge of such waste; and
(3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to
treatment by normal sewage plant facilities operated by the city.
(b) The city is entitled to determine whether a discharge or proposed discharge is included under
subsection (a) of this section.
(c) The city shall reject wastes when:
(1) It determines that a discharge or proposed discharge is included under subsection (a) of this
section; and
(2) The discharger does not meet the requirements of subsection (a) of this section.
(Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-134. - City review and approval.
(a) If pretreatment or control is required under this article, the city shall review and approve design and
installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable statutes,
codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall
provide and maintain the facilities in effective operating condition at his own expense.
(Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-135. - Traps.
(a) Under this article, discharges requiring a trap should include grease or waste containing grease in
excessive amounts, all, sand, flammable waste and other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by
the city, provide plans and specifications for equipment and facilities of a design type and design
capacity approved by the city engineer and by the director. The person shall locate the trap in a
manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective
operating condition. The trap shall be inspected by the city's inspection department during
construction and upon completion. A final inspection shall be made by all interested parties, including
the city engineer, director and chief building official, before any service connections are made.
Page 8
(Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-136. Building sewers.
(a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at
his own expense and as required by the city:
(1) Install an accessible and safely located control manhole or inspection chamber;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of
the waste; and
(3) Maintain the equipment and facilities.
(b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent
infiltration by groundwater and surface water or Introduction of slugs or solids by the installation of
screens with maximum openings of one inch, but of sufficient fineness to prevent the entrance of
objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person
discharging wastes so that any authorized representative or employee of the city may readily and
safely measure the volume and obtain samples of the flow at all times. Plans for the construction of
control manholes or inspection chambers, including such flow measuring devices as may be required
by this article, shall be approved by the director prior to the beginning of construction.
(Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-137. - Hauled wastewater procedures.
(a) As used in this section, "industrial waste" shall include septic tank waste.
(b) Industrial waste may be introduced into the POTW only at locations designated by the director and
at such times as are established by the director. Such waste shall not violate division 5 of this article
or any other requirements established by the city.
(c) Industrial waste haulers may discharge loads only at locations designated by the director. No load
may be discharged without prior consent of the director. The director may collect samples of each
hauled load to ensure compliance with applicable standards. The director may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
(d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include
at a minimum the name and address of the person generating the industrial waste and the volume
and characteristics of the waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-138. - Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which is part of the sewer works. Any
person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set
out In division 2 of this article.
(Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-139. - Confidential information, access to data.
Page 9
Information and data provided to the city pursuant to this article that is effluent data shall be available
to the public without restriction. Any other information submitted may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the
application form or instructions or, for other submissions, by stamping the works "confidential business
information" on each page containing such information If no claim is made at the time of submission, the
city may make the information available to the public without further notice. If a claim is asserted, the city
will submit the information to the state attorney general and the submitter will be required to assert why
the information should not be public. Unless the state attorney general's public information opinion Is
timely appealed, the city and the submitter shall be bound by such opinion.
(Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-140-98-165. - Reserved.
DIVISION 2. - ADMINISTRATION AND ENFORCEMENT
Subdivision I. - In General
Sec. 98-166. - Publication of industrial users in significant noncompliance.
As required by the public participation requirements of 40 CFR Part 25, on July 31 of each year the
director shall cause to be published in the largest daily newspaper published in the city a list of all
Industrial users which at any time during the previous 12 months, were in significant noncompliance with
applicable pretreatment standards and requirements. For the purpose of this section, an industrial user is
In significant noncompliance if Its violation meets one or more of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined as those in which 66 percent or more
of all of the measurements taken during a six-month period exceed by any magnitude the daily
maximum limit or the average limit for the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which 33 percent or more of
all the measurements for each pollutant parameter taken during a six-month period equal or
exceed the product of the daily maximum limit or the average limit multiplied by the applicable
TRC (TRC:1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer -term average) that
the director determines has caused interference or pass through, Including endangering the
health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to human health or
welfare or to the environment or has resulted in the POTW's exercise of its emergency authority
under section 98-198 to halt or prevent such a discharge;
(5) Failure to meet, within 90 days after the schedule milestone contained in a local control
mechanism or enforcement order for starting construction, completing construction or attaining
final compliance;
(6) Failure to provide, within 30 days after the due date, required reports such as baseline
monitoring reports, 90-day compliance reports, periodic self -monitoring reports and reports on
compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation or group of violations the director determines will adversely affect the
operation or implementation of the local pretreatment program.
Page 10
(Code 1967, § 34-62; Ord. No. 6191, § 12, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 5, 5-11-06)
Sec. 98-167. - Act of God defense.
(a) The act of God defense constitutes statutory affirmative defense (V.T.C.A., Water Code § 7.251) in
an action brought in municipal or state court. If a person can establish that an event that would
otherwise be a violation of a pretreatment ordinance or a permit Issued under the ordinance was
caused solely by an act of God, war, strike, riot or other catastrophe, the event is not a violation of
the ordinance or permit.
(b) An industrial user who wishes to establish the act of God affirmative defense shall demonstrate,
through relevant evidence that:
(1) An event that would otherwise be a violation of a pretreatment ordinance or a permit issued
under the ordinance occurred and the sole cause of the event was an act of God, war, strike,
riot or other catastrophe; and
(2) The industrial user has submitted the following information to the POTW and the city within 24
hours of becoming aware of the event that would otherwise be a violation of a pretreatment
ordinance or a permit Issued under the ordinance (if this information Is provided orally, a written
submission must be provided within five days):
a. A description of the event, and the nature and cause of the event;
b. The time period of the event, including exact dates and times or, if still continuing, the
anticipated time the event is expected to continue; and
c. Steps being taken or planned to reduce, eliminate and prevent recurrence of the event.
(c) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the act of
God affirmative defense shall have the burden of proving by a preponderance of the evidence that
an event that would otherwise be a violation of a pretreatment ordinance or a permit Issued under
the ordinance was caused solely by an act of God, war, strike, riot or other catastrophe.
(Ord. No. 10,322, § 6, 5-11-06)
Editor's note-- Ord. No. 10,322, § 6, adopted May 11, 2006, repealed the former § 98-167, and
enacted a new § 98-167 as set out herein. The former provisions pertained to affirmative
defenses to upsets and derived from Code 1967, § 34-65(a); Ord. No. 6191, § 15, adopted March
26, 1992; Ord. No. 8118, § 1, adopted Oct. 23, 1997.
Sec. 98-168. - Affirmative defenses to bypass.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a different
meaning.
Bypass means the Intentional diversion of wastestreams from any portion of an industrial user's
treatment facility.
Severe property damage means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays In production.
(b) Bypass not violating applicable pretreatment standards or requirements. An Industrial user may
allow any bypass to occur which does not cause pretreatment standards or requirements to be
Page 11
violated, but only if it also is for essential maintenance to assure efficient operation These bypasses
are not subject to the provisions of subsections (c) and (d) of this section.
(c) Notice.
(1) If an industrial user knows in advance of the need for a bypass, it shall submit prior notice to
the director, if possible at least ten days before the date of the bypass. If ten days' notice is not
possible, the industrial user shall submit notice as soon as possible.
(2) An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable
pretreatment standards to the director within 24 hours from the time the Industrial user becomes
aware of the bypass. A written submission shall also be provided within five days of the time the
Industrial user becomes aware of the need for the bypass. The written submission shall contain
a description of the bypass and its cause; the duration of the bypass, including exact dates and
times, and, if the bypass has not been corrected, the anticipated time it is expected to continue;
steps taken or planned to reduce, eliminate and prevent reoccurrence of the bypass. The
director may at his discretion waive the written report on a case -by -case basis if the oral report
has been received within 24 hours.
(d) Prohibition of bypass.
(1) Bypass Is prohibited, and the director may take enforcement action against an industrial user
for a bypass, unless:
a. The bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of equipment
downtime. This condition is not satisfied if adequate backup equipment should have been
Installed in the exercise of reasonable engineering judgment to prevent a bypass which
occurred during normal periods of equipment downtime or preventive maintenance; and
c. The industrial user submitted notices as required under this section.
(2) The director may approve an anticipated bypass, after considering its adverse effects, if the
director determines that it will meet the three conditions listed in subsection (d)(1) of this section
and the industrial user complies with the notice requirements of subsection (c) of this section.
(a) Burden of proof. In any enforcement proceeding, the industrial user seeking to establish the
occurrence of a nonprohibited bypass shall have the burden of proving the occurrence to a
preponderance of the evidence.
(Code 1967, § 34-65(b); Ord. No. 6191, § 15, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-169-98-190. - Reserved.
Subdivision II. - Administrative Enforcement Remedies
Sec. 98-191. - Notification of violation.
Whenever the director finds that any user has violated or is violating this article, a permit or any
prohibition, limitation or requirements contained herein, the director may serve upon such person a
written notice stating the nature of the violation. Within 30 days of the date of notice, a plan for the
satisfactory correction thereof shall be submitted to the director by the user.
(Code 1967, § 34-63(a); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 12
Sec. 98-192. - Consent orders.
The director is empowered to enter in consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with the industrial user responsible for the noncompliance
with this article or any permit. Such orders will include specific action to be taken by the industrial user to
correct the noncompliance within a time period also specified by the order. Consent orders shall have the
same force and effect as administrative orders issued pursuant to sections 98-194 and 98-195.
(Code 1967, § 34-63(b); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-193. - Show cause hearing.
(a) Whenever the director has proposed to take any enforcement action against any user pursuant to
the provisions of this article, other than an emergency suspension or a cease and desist order, or
termination of a discharge, the director shall first provide notice in the form and manner described in
subsection (b) of this section to the user and afford the user an opportunity for a hearing in the form
and manner described in this section before the enforcement action is taken. If, after the director has
complied with the notice requirements as described in subsection (b) of this section, the user does
not request a hearing for review of the enforcement action within the specified time, the director may
take the enforcement action on the day specified in the notice to the user, or at any time thereafter.
(b) Notice must be sent to the user at least eight days prior to the proposed date of the proposed
enforcement action, if notice is sent by mail, or at least five days prior to the proposed enforcement
action, If notice is delivered by the director. The notice may be sent by certified mail, return receipt
requested or hand delivered to the user by a person designated by the director to deliver such
notices. The notice must be written and clearly communicate the following information:
(1) The name of the user against whom the enforcement action is proposed to be taken;
(2) The address of the user against whom the enforcement action Is proposed to be taken;
(3) The reason for the proposed enforcement action including the date and general nature of the
alleged violation of this article;
(4) The nature of the proposed action, and the date and time that the proposed enforcement action
will take place, including the amount of the fine which could be imposed;
(5) The user has the right to appear and be heard at a hearing to show cause why the proposed
enforcement action should not be taken;
(6) The means by which the user may arrange for such a hearing; and
(7) The date by which the user must request and set the hearing in order to receive it, which
deadline may be no earlier than one day prior to the date of the proposed enforcement action,
nor may that deadline ever be sooner than five days from the date of sending of the notice, the
five days not including weekdays on which city offices are closed for holidays.
(c) After the deadline for requesting a hearing as described in subsection (b) of this section has passed,
a user may still request a hearing to review the proposed enforcement action within ten days of the
aforementioned deadline, upon presentation to the city manager of an affidavit declaring that the
user, through no fault of that user, did not receive notice of the proposed enforcement action in time
to act upon the notice. When a hearing pursuant to this subsection is requested, the city manager
shall as soon as practicable make a determination of whether the appeal appears to be meritorious,
and if the city manager determines that it is meritorious, the city manager shall order that the
proposed enforcement action be postponed pending the appeal.
(d) If any user requests a hearing to review the decision to take an enforcement action against that
user, the hearing shall be presided over by the city manager or any fair and neutral person he may
appoint, which person must be of managerial employment and not involved in the original decision to
take the proposed enforcement action, in this context known as the hearing officer. The hearing shall
Page 13
be held no sooner than the next business day nor later than 15 business days after being requested
by the user. The hearing officer may, in his discretion, delay or advance the hearing time upon
showing of good cause by the user. At the hearing, the user shall be given the opportunity to be
heard in person to present the user's case, to present testimony from other persons, and to admit
documents. The user may be represented by counsel, though the city shall not provide counsel to
the user. The user shall be given the opportunity to confront and cross-examine any witnesses
appearing against him at the hearing. The user may request that a representative of the utilities
department be present at the hearing and be subject to questioning. However, the rules of evidence
or procedure for civil or criminal trials need not be enforced. The city's reasons for the proposed
enforcement action shall be stated at the hearing. Upon reaching a final decision, the hearing officer
shall state his reasons for reaching that decision and state the evidence on which the hearing officer
relied in reaching those conclusions. If the hearing officer finds In favor of the user, the proposed
enforcement action shall not take place. The hearing officer shall have the power to grant
extensions, modify orders and fashion other reliefs as would be equitable and consistent with
applicable regulations and laws promulgated by the United States, the state or any administrative
agency thereof.
(e) At any hearing held pursuant to this article, testimony taken must be under oath and recorded. A
transcript of the hearing will be made available to any member of the public or any party to the
hearing upon payment of the usual charges for such transcription.
(Code 1967, § 34-63(c); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-194. - Compliance order.
When the director finds that an industrial user has violated or continues to violate this article or a
permit or order issued under this article, but where the violation does not involve a pass through or
interference that could cause the city to be in violation of federal or state environmental regulations, he
may Issue, within a 30-day period of such finding, an order to the Industrial user responsible for the
discharge directing that, following a specified time period, sewer service shall be discontinued unless
adequate treatment facilities, devices or other related appurtenances have been installed and are
properly operated. Orders may also contain such other requirements as might be reasonably necessary
and appropriate to address the noncompliance, including the installation of pretreatment technology,
additional self -monitoring and management practices.
(Code 1967, § 34-63(d); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-195. - Cease and desist orders.
When the director finds that an industrial user has violated or continues to violate this article or any
permit or order issued under this article, the director may issue an order to cease and desist all such
violations and direct those persons in noncompliance to:
(1) Comply forthwith; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a
continuing or threatened violation, including halting operations and terminating the discharge.
(Code 1967, § 34-63(e); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-196. - Administrative fines.
Notwithstanding any other section of this article, any user who is found to have violated any provision
of this article or any permits and orders issued under this article shall be fined in an amount not to exceed
$2,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a
Page 14
separate and distinct violation. The amount of such fine may be added to the user's next scheduled sewer
service charge and the director shall take such other collection remedies as he has to collect other
service charges. Unpaid charges, fines and penalties shall constitute a lien against the Individual user's
property. Industrial users desiring to dispute such fines must file a request for the director to reconsider
the fine in accordance with section 98-193.
(Code 1967, § 34-63(fl; Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-197. - Emergency suspensions.
(a) The director may suspend the wastewater treatment service and permit of an industrial user
whenever such suspension Is necessary in order to stop an actual or threatened discharge
presenting or causing an imminent or substantial endangerment to the health or welfare of persons,
the POTW or the environment.
(b) Any user notified of a suspension of the wastewater treatment service or the permit shall
Immediately stop or eliminate its contribution. If a user falls to immediately comply voluntarily with the
suspension order, the director shall take such steps as he deems necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving
stream or endangerment to any individuals. The director shall allow the user to recommence its
discharge when the endangerment has passed, unless the termination proceedings set forth in
section 98-198 are initiated against the user.
(c) An industrial user which is responsible, in whole or In part, for imminent endangerment shall submit
to the director a detailed written statement describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence prior to the date of the hearing described in section
98-193, or within the time period allowed for requesting such a hearing if no hearing is requested.
(Code 1967, § 34-63(g); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-198. - Termination of discharge.
The director shall have authority, after informal notice to the discharger, to immediately and
effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present
an imminent endangerment to the health or welfare of persons. The director shall also have authority,
which shall Include notice to the affected industrial users and an opportunity to respond, to halt or prevent
any discharge to the POTW which presents or may present an endangerment to the environment or
which threatens to interfere with the operation of the POTW. The director shall have authority to seek
judicial relief and may also use administrative penalty authority when the director has sought a monetary
penalty which the director believes to be insufficient.
(Code 1967, § 34-63(h); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-199. - Post enforcement hearing.
Under this article, whenever the director has ordered an emergency suspension, ordered an
enforcement action which, for reasons of Imminent public danger must be complied with immediately,
such as issuing a cease and desist order, or a termination of discharge, the user shall, upon compliance
with such order, be afforded notice of an opportunity to request a hearing in the form and manner
specified in section 98-193. The notice referred to therein shall be mailed to the user against whom the
enforcement action Is taken within three days after the user has complied with the enforcement action.
The notice shall be in the same form and of the same contents as the notice prescribed in section 98-
193(b), except that the deadline by which the user must request and set the hearing in order to receive it
Page 15
may be no earlier than five days after the mailing of the notice nor later than 15 days after the mailing of
the notice.
(Code 1967, § 34-63(i); Ord. No. 6191, § 13, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-200-98-220. - Reserved.
Subdivision III. -Judicial Enforcement Remedies
Sec. 98-221. - Injunctive relief.
Whenever an Industrial user has violated or continues to violate the provisions of this article or any
permit or order issued under this article, the director, through counsel, may petition any court of
competent jurisdiction for the issuance of a preliminary or permanent injunction, or both, as may be
appropriate, which restrains or compels the activities on the part of the industrial user, and such other
actions as appropriate for legal and/or equitable relief may also be sought by the city.
(Code 1967, § 34-64(a); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-222. - Civil penalties.
For any user who is found to have violated an order of the director or who intentionally, recklessly or
negligently falls to comply with any section of this article, and the orders, rules, regulations and permits
Issued under this article, a civil penalty shall be assessed of not more than $2,000.00 for each offense.
Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
The city is specifically authorized to recover all consequential damages available at law or in equity
resulting directly or indirectly from an unauthorized discharge to the POTW, including upsets or bypasses.
Such damages shall include, but not be limited to, any fines or penalties assessed against the city by any
state or federal agency or commission as a result of such discharge. In addition to the penalties and
damages provided herein, the director may recover reasonable attorney's fees, court costs, court
reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have
violated this article or the orders, rules, regulations and permits issued under this article. Additional
recoveries and relief In law or equity under existing federal or state law are not precluded by specific
recoveries obtained by the city under this subdivision.
(Code 1967, § 34-64(b); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-223. - Criminal prosecution.
(a) Violations generally. Any industrial user who Intentionally, recklessly or negligently violates any
provision of this article or any orders or permits issued hereunder shall, upon conviction, be guilty of
a misdemeanor affecting fire, safety, public health or sanitation, punishable by a fine not to exceed
$2,000.00 per violation. Each day on which a violation shall occur or continue shall be deemed a
separate and distinct offense.
(b) Falsifying information. Any industrial user who knowingly makes any false statements,
representations or certifications in any application, record, report, plan or other document filed or
required to be maintained pursuant to this article or any permit, or who falsifies, tampers with or
knowingly renders inaccurate any monitoring device or method required under this article shall, upon
conviction, be guilty of a misdemeanor affecting fire, safety, public health or sanitation and shall be
Page 16
punished by a fine of not more than $2,000.00 per violation. Each day on which a violation shall
occur or continue shall be deemed a separate and distinct offense.
(c) Federal or state penalties. Nothing in this subdivision shall be construed to limit the liability of any
violator to penalties or fines imposed by agencies of the United States or this state.
(Code 1967, § 34-64(c); Ord. No. 6191, § 14, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-224-98-250. - Reserved.
DIVISION 3. - PERMITS
Sec. 98-251. -General permit requirements.
(a) Notice from nondomestic users. Under this article, every nondomestic user must notify the director
of the nature and characteristics of its wastewater prior to commencing the discharge. The director is
authorized to prepare a form for this purpose.
(b) Control of contributions to POTW. The POTW shall have legal authority to control through permit,
order or similar means, the contribution to the POTW by each Industrial user to ensure compliance
with applicable pretreatment standards and requirements. For significant industrial users under 40
CFR 403.3(t), this control shall be achieved through permits or equivalent individual control
mechanisms issued to each such user.
(c) Wastewater survey. Every industrial user shall complete a wastewater discharge permit
application/survey approved by the director within 30 days of written instruction to do so by a city
official.
(d) Permit required; effect of permit. It shall be unlawful for any categorical or significant industrial users
to discharge wastewater, either directly or indirectly, Into the city's sanitary sewer system without first
obtaining an industrial user pretreatment permit from the director. Any violation of the terms and
conditions of a permit shall be deemed a violation of this article. Obtaining a permit does not relieve
a permiftee of Its obligation to obtain other permits required by federal, state or local law.
(a) Denial or conditions of new or increased contributions. The POTW shall have legal authority to deny
or condition new or increased contributions of pollutants, or changes in the nature of pollutants, to
the POTW by Industrial users where such conditions do not meet applicable pretreatment standards
and requirements or where such contributions would cause the POTW to violate its NPDES permit.
(f) Additional users requiring permit. The director may require that other industrial users, including liquid
waste haulers, obtain wastewater discharge permits as necessary to carry out the purposes of this
article.
(g) Users outside city limits. Any industrial user located beyond the city limits, Including, but not limited
to, extrajurisdictional industrial users, shall submit a permit application in accordance with this article
within 30 days of the effective date of the ordinance from which this article derives. Any new
Industrial user located beyond city limits shall submit such applications to the director 60 days prior
to discharging into the sanitary sewer. Upon review and approval of such application, the director
may enter into a contract with the user which requires the user to subject itself to, and abide by, this
article, including all permitting, compliance monitoring, reporting and enforcement sections of this
article.
(h) Existing connections. Any significant industrial user which discharges nondomestic waste into the
sanitary sewer system prior to the effective date of the ordinance from which this article derives and
who wishes to continue such discharges in the future, shall within 90 days after such effective date,
apply to the director for a wastewater discharge permit and shall not cause or allow discharges to the
Page 17
POTW to continue after 180 days from and after the effective date of the ordinance from which this
article derives, except in accordance with a permit Issued by the director.
(1) New connections. Any significant industrial user proposing to begin or recommence discharging
nondomestic wastes into the sanitary sewer system must obtain a pretreatment permit prior to
beginning or recommencing such discharge. An application for this permit must be filed at least 90
days prior to the anticipated startup date.
(j) Certification statement. All permit applications must contain the following certification statement and
shall be signed in accordance with subsection (k)(1), (2), (3) or (4) of this section:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person who
manages the system, or those persons directly responsible for gathering the Information, the
information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of
fine and imprisonment for knowing violations."
(k) Signatures on certification statement. The certification statement required in subsection 0) of this
section shall be signed by the following:
(1) A responsible corporate officer, if the industrial user submitting the reports is a corporation. For
the purpose of this subsection a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any other person with similar policy- or decision -making
responsibilities for the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, in second quarter 1980 dollars, if authority to sign documents has been
assigned or delegated;
(2) A general partner or proprietor if the industrial user submitting the reports is a partnership or
sole proprietorship, respectively;
(3) The principal executive officer or director having responsibility for the overall operation of the
discharging facility If the industrial user submitting the reports is a federal, state or local
governmental entity, or its agents;
(4) A duly authorized representative of the individual designated in subsection (k)(1), (2) or (3) of
this section if.
a. The authorization is made in writing by the Individual described In subsection (k)(1), (2) or
(3) of this section;
b. The authorization specified either an individual or a position having responsibility for the
overall operation of the facility from which the Industrial user discharge originates, such as
the director, or a position of equivalent responsibility, or having overall responsibility for
environmental matters for the company; and
c. The written authorization is submitted to the director.
(5) If an authorization under subsection (k)(4) of this section is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility or overall
responsibility for environmental matters for the company, a new authorization satisfying the
requirements of subsection (k)(4) of this section must be submitted to the director prior to or
together with any reports to be signed by an authorized representative.
(Code 1967, §§ 34-56, 34-57; Ord. No. 6191, §§ 6, 7, 3-26-92; Ord. No. 6529, § 1, 1-28-93; Ord.
No. 6667, § 2, 6-8-93; Ord. No. 8118, § 1, 10-23-97)
Page 18
Sec. 98-252. - Application.
In order to be considered for a wastewater discharge permit, every industrial user required to have a
permit must submit the following information on an application form approved by the director:
(1) The name, address and location, if different from the address, state of incorporation, if
applicable;
(2) Standard industrial classification (SIC) code of both the industry as a whole and any processes
for which federal categorical standards have been promulgated;
(3) Wastewater constituents and characteristics, including any pollutants in the discharge which
are limited by federal, state or local standards. Sampling and analysis will be taken in
accordance with 40 CFR 136;
(4) The time and duration of the discharge;
(5) Daily maximum, daily average and monthly average wastewater flow rates, Including daily,
monthly and seasonal variations, if any;
(6) Description of activities, facilities and plant processes on the premises, including a list of all raw
materials and chemicals used at the facility which are or could accidentally or intentionally be
discharged to the POTW;
(7) The site plans, floor plans and mechanical and plumbing plans and details to show all sewers,
floor drains and appurtenances by size, location and elevation;
(8) Each product produced by type, amount, process or processes and rate of production;
(9) Type and amount of raw materials processed (average and maximum per day);
(10) The number and type of employees, and hours of operation, and proposed or actual hours of
operation of the pretreatment system;
(11) Whether additional operation and maintenance (O&M) or additional pretreatment is required
for the user to meet all applicable federal, state and local standards. If additional pretreatment
or O&M will be required to meet the standards, then the industrial user shall Indicate the
shortest time schedule necessary to accomplish Installation or adoption of such additional
treatment and O&M. The completion date in this schedule shall not be longer than the
compliance date established for the applicable pretreatment standard. The following conditions
apply to this schedule:
a. The schedule shall contain progress increments in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable pretreatment
standards. Such events Include hiring an engineer, completing preliminary plans,
completing final plans, commencing construction, completing construction, beginning
operation and conducting routine operation. No increment referred to in this subsection
shall exceed nine months, nor shall the total compliance period exceed 18 months; and
b. No later than 14 days following each date in the schedule and the final date for compliance,
the user shall submit a progress report to the director including, as a minimum, whether or
not it complied with the increment of progress, the reason for any delay, and If appropriate,
the steps being taken by the user to return to the established schedule. In no event shall
more than nine months elapse between such progress reports to the director;
(12) Any other information as may be deemed by the director to be necessary to evaluate the
permit application;
(13) All plans required must be certified for accuracy by a professional engineer registered in the
state unless otherwise accepted by the director; and
Page 19
(14) A statement, reviewed by an authorized representative of the industrial user, as defined in this
article, and certified to by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional O&M and additional
pretreatment is required for the industrial user to meet the pretreatment standards and
requirements.
(Code 1967, § 34-58(1) (14), (17); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-253. - Contents.
A wastewater discharge permit issued under this division shall contain the following:
(1) A statement of duration (in no case more than three years);
(2) A statement of nontransferability without, at a minimum, prior notification to the POTW and
provision of a copy of the existing control mechanism to the new owner or operator;
(3) The effluent limits based on applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits and state and local law;
(4) Self -monitoring, sampling, reporting, notification and recordkeeping requirements, including an
Identification of the pollutants to be monitored, sampling location, sampling frequency and
sample type, based on the applicable general pretreatment standards in 40 CFR 403,
categorical pretreatment standards, local limits and state and local law;
(5) A statement of applicable civil and criminal penalties for violation of pretreatment standards
and requirements, and any applicable compliance schedule. Such schedules may not extend
the compliance date beyond applicable federal deadlines;
(6) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
(7) Requirements for installation and maintenance of inspection and sampling facilities. Where the
installation of a sampling facility is required, the industrial user shall have 90 days to install It
from the date of the issuance of their permit;
(8) Compliance schedules;
(9) Requirements for maintaining and retaining plant records relating to wastewater discharge as
specified by the city, and affording city access thereto;
(10) Requirements for notification of the city of any new introduction of wastewater constituents or
any substantial change in the volume or character of the wastewater constituents being
introduced into the wastewater treatment system; and
(11) Other conditions as deemed appropriate by the city to ensure compliance with this article.
(Code 1967, § 34-58(18); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-254. - Issuance.
The director will evaluate the data furnished by the industrial user on the wastewater permit
application and may require additional information. After evaluation of the data furnished, the director may
Issue a permit subject to terms and conditions provided therein.
(Code 1967, § 34-58(15); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-255. - Appeals.
Page 20
(a) Except as provided in sections 98-197 and 98-198, the director shall give ten days' prior notice to
any person whose utilities are to be terminated pursuant to this article. Any such notice shall specify
the reasons for the proposed termination and inform the affected person of the appeal procedure
provided in this section. if, within such ten-day period, the director receives notice that such person
requests a hearing, the effective date of the termination shall be automatically delayed at least until
the date set by the director for a hearing. The director shall select a hearing date, giving the person
appealing the decision at least three days' notice thereof.
(b) Any person whose application for a permit is denied, whose permit is suspended or revoked
pursuant to this article or whose service is being terminated shall be given notice thereof. Any such
notice shall specify the reasons for this decision and inform the affected person of the appeal
procedure provided In this section. If any such affected person desires a hearing, he shall file a
notice of appeal with the director no later than ten days after his receipt of the director's official notice
of decision.
(c) The director shall establish rules not inconsistent with this division governing hearing procedures.
(d) The director shall appoint a qualified individual, who was not involved in the original decision to
deny the permit, to serve as hearings examiner to hear appeals. The hearings examiner shall be
authorized to affirm, deny or modify the director's Initial decision.
(a) The hearings examiner may, in lieu of termination of service, require any or all of the following:
(1) Penalties not to exceed $2,000.00 per day;
(2) Special permit conditions;
(3) Mandatory compliance schedules; or
(4) Any other action which he deems just and equitable.
(f) The city may immediately terminate water/wastewater service and provide a hearing as described in
this section within three days of Initial termination, if the director determines that a discharge from an
Industrial user presents an Imminent threat that:
(1) The health of city employees or the public will be endangered; or
(2) A likelihood that the city's treatment plant permit parameters, including sludge, will be violated,
(g) To be effective under this section, a notice shall be in writing and either:
(1) Delivered in person to the person or his agent entitled to receive such notice; or
(2) Sent by United States certified mail, return receipt requested, to the person or his agent entitled
to receive notice.
(Code 1967, § 34-58(19); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-256. - Modifications.
Within nine months of the promulgation of a national categorical pretreatment standard, the
wastewater discharge permit to a user subject to such standards shall be revised to require compliance
with such standards within the time frame prescribed by such standard. Where a user, subject to national
categorical pretreatment standards, has not previously submitted an application for a permit as required
by the act, the user shall apply for a permit within 180 days after the promulgation of the applicable
national pretreatment standard. In addition, the user with an existing permit shall submit to the director
within 180 days after the promulgation of an applicable federal categorical pretreatment standard the
Information required by 40 CFR 403.12. The director shall notify all industrial users of the existence of
requirements under sections 204(b) and 405 of the act and subtitles C and D of the Resource
Conservation and Recovery Act.
Page 21
(Code 1967, § 34-58(20); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-257. - Transferability.
A wastewater discharge permit Is issued to a specific user for a specific operation at a specific
location. A wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, a
new user, a different premises or a new or changed operation without the approval of the director.
(Code 1967, § 34-58(21); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-258. - Revocation.
(a) The director is authorized to suspend or revoke any permit Issued under this division and terminate
service at any time that the permittee:
(1) Violates any section of any city ordinance pertaining to sewage disposal into the city sewers; or
(2) Discharges waste In a quantity or a quality violating the provisions of the permit or otherwise
prohibited by the article or other related city ordinances.
(b) If a permittee violates any conditions of its permit, the permittee shall submit written notice to the
director within 15 days of such violation outlining the steps which will be taken to effectuate
correction of such violation. The violation shall be corrected within 30 days after the occurrence of
such violation, unless a different time schedule for correction Is approved by the director.
(c) If the director discovers a violation of a permit condition, the director will give written notice of such
violation to the permittee, and the permittee shall, within 15 days after receipt of such notice, furnish
the director in writing the proposed action which will be taken to effectuate correction of such
violation.
(Code 1967, § 34-58(22); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-259. - Reissuance.
The user shall apply for reissuance of a wastewater discharge permit by submitting a complete
permit application a minimum of 90 days prior to the expiration of the user's existing permit.
(Code 1967, § 34-58(23); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-260-98-285. - Reserved.
DIVISION 4. - USER CHARGES AND AGREEMENTS
Sec. 98-286. - Payment and agreement required
(a) A person making discharges of industrial waste where the discharge contains excessive loadings of
BOD or TSS shall pay a user charge to cover the cost of collection and treatment.
(b) When discharges of industrial waste are approved by the city, the city shall enter into an agreement
or arrangement providing:
(1) The terms of acceptance by the city; and
Page 22
(2) Payment by the person making the discharge.
(Code 1967, § 34-27; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-287. - User charge and added costs.
(a) If the volume or character of the waste to be treated by the city does not cause overloading to
sewage collection, treatment or disposal facilities of the city, prior to approval, the city and the person
making the discharge shall enter into an agreement which provides that the discharger pay an
industrial waste charge to be determined from a current analysis on the discharger's wastewater and
the unit cost calculated by the city. If the BOD and TSS cannot be maintained in compliance with
normal domestic wastewater, the city may impose an appropriate user charge.
(b) If the volume or character of the waste to be treated by the city requires that wastewater collection,
treatment or other disposal facilities of the city be improved, expanded or enlarged in order to treat
the waste, prior to approval, the city and the person making the discharge shall enter Into an
agreement which provides that the discharger pay In full all added costs the city may Incur due to
acceptance of the waste.
(c) The agreement entered into pursuant to subsection (b) of this section shall include, but not be
limited to:
(1) Amortization of all capital outlay for collecting and treating the waste, including new capital
outlay and the proportionate part of the value of the existing system used in handling and
treating the waste;
(2) O&M, including salaries and wages, power costs, costs of chemicals and supplies, proper
allowances for maintenance, depreciation, overhead and office expense.
(d) Amortization shall be completed in a 30-year period and payment shall include all debt service
costs.
(Code 1967, § 34-30; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-288. - User charge agreements.
(a) Under this division, user charges shall be calculated by the following formula with the city's unit cost
being assessed after testing has been done:
User charge ` BOD + TSS
g ((� V 250 250 1 x (0&M cost) x (Volume)
J
Where:
Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For
BOD j
concentrations less than or equal to 250 mg/I, the value of BOD shall be considered zero`
TSS Represents the biochemical oxygen demand in mg/I of the industrial waste. Note: For
concentrations less than or equal to 250 mg/I, the value of TSS shall be considered zero. i
Page 23
08t
M Represents operations and maintenance cost of the city's sewer works. Note: The operations
cost and maintenance cost as determined by the city shall be periodically updated.
Volume Represents volume discharged in thousand gallons. i
(b) The volume of waste shall be determined by the same methods used to calculate the normal sewer
service charge or by a sewage flow meter that has been approved by the city and purchased,
installed and maintained by the permittee.
(c) All flow rates, BOD and TSS values used In determination of the surcharges contemplated in this
division shall be reevaluated at least annually.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-289. - Adjustment of charges.
(a) The city shall adjust sewer user charges at least annually to reflect changes in the characteristics of
wastewater based on the results of sampling and testing.
(b) Increases in charges shall continue for 12 billing periods unless subsequent tests determine that the
charge should be adjusted.
(c) The city shall review at least annually the basis for determining charges and shall adjust the unit
cost in the formula to reflect increases or decreases in wastewater treatment and collection costs
based on the previous year's experience.
(d) The city shall bill the discharger by the month and shall show industrial waste charges as a separate
item on the regular bill for water and sewer charges. The discharger shall pay monthly in accordance
with practices existing for payment of sewer charges.
(Code 1967, § 34-32; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-290. - Failure to pay.
In addition to sanctions provided for by this article, the city is entitled to take any action as provided
for by this Code and other city ordinance for failure to pay the bill for water and sanitary sewer service
when due.
(Code 1967, § 34-38; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-291-98-315. - Reserved.
DIVISION 5. - DISCHARGE PROHIBITIONS AND LIMITATIONS
Sec. 98-316. - Prohibited discharges.
Page 24
Under this article, a user shall not introduce into a POTW any pollutant that may cause pass through
or interference. The general prohibitions and the specific prohibitions in section 98-317 apply to each user
introducing pollutants into a POTW whether or not the user is subject to other national pretreatment
standards or any national, state or local pretreatment requirements.
(Code 1967, §§ 34-12, 34-53(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26-92; Ord.
No. 8118, § 1, 10-23-97)
Sec. 98-317. - Specific prohibitions.
In addition to the general prohibited discharges specified in section 98-316, the following pollutants
shall not be Introduced into a POTW:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Celsius using the test methods specified in 40 CFR 261.21;
(2) Pollutants which will cause corrosive structural damage to the POTW, but in no case
discharges pH lower than 5.0, unless the works are specifically designed to accommodate such
discharges;
(3) Solid or viscous pollutants In amounts which may, in the opinion of the director, cause
obstruction to the flow In the POTW resulting In interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a
flow rate and/or pollutant concentration which may, in the opinion of the director, cause
interference with the POTW;
(5) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius)
or any substance with heat in amounts which may, in the opinion of the director, inhibit
biological activity in the POTW resulting in interference, but in no case heat in such quantities
that the temperature at the POTW exceeds 40 degrees Celsius (104 degrees Fahrenheit)
unless the administrator, upon request of the POTW, approves the alternate temperature limit;
(6) Petroleum oil, or petroleum oil products, nonbiodegradable cutting oil or products of mineral oil
origin In amounts that may, in the opinion of the director, cause interference or pass through;
(7) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
(8) Any industrial or domestic waste or wastewater from any tank truck or vehicle into any sewer,
manway, manhole, street or public sewage treatment plant within the city without written
authorization from the director.
(Code 1967, § 34-53(b); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-318. - Federal categorical pretreatment
National pretreatment standards specifying quantities or concentrations of pollutants or pollutant
properties which may be discharged to a POTW by existing or new industrial users in specific Industrial
subcategories will be established as separate regulations under the applicable subpart of 40 CFR chapter
I, subchapter N. These standards, unless specifically noted otherwise, shall be in addition to all applicable
pretreatment standards and requirements.
(Code 1967, § 34-53(c)(1); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-319. - Local limits.
Page 25
(a) Pursuant to 40 CFR 403.8, each POTW shall develop and enforce specific limits to implement the
prohibitions listed in subsections 98-320(a) and (c). The local limits in this section are based on the
most restrictive uniform allocation method from all three of the city's POTWs These local limits shall
continue to be developed and reevaluated as necessary and the POTW will effectively enforce such
limits.
(b) Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW
in accordance with this division, such limits shall be deemed pretreatment standards for the
purposes of section 307(d) of the act. Such limits shall apply at the last discharge point from the
industrial user prior to discharging into the city's sewer system.
(Code 1967, § 34-53(c)(2); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-320. -Specific pollutant limitations.
(a) Maximum concentrations of heavy metals . Under this article, the maximum allowable
concentrations of heavy metals stated In terms of milligrams per liter (mg/1), determined on the basis
of individual sampling in accordance with 40 CFR Part 136 are as follows:
(1) Arsenic, 1.39 mg/l;
(2) Barium, 56.80 mg/I;
(3) Cadmium, 3.34 mg/I;
(4) Chromium, 15.41 mg/l;
(5) Copper, 2.49 mg/I
(6) Cyanide, 0.11 mg/l;
(7) Lead, 6.39 mg/I;
(8) Mercury, 0.03 mg/I;
(9) Nickel, 3.79 mg/I;
(10) Silver, 0.48 mg/I; and
(11) Zinc, 3.50 mg/I.
(b) Permit for other heavy metals or toxic pollutants. No other heavy metals or toxic pollutants may be
discharged into public sewers without a permit from the city specifying conditions of pretreatment,
concentrations, volumes and other applicable provisions.
(c) Prohibited heavy metals and toxic materials. Prohibited heavy metals and toxic materials include,
but are not limited to, the following:
(1) Antimony;
(2) Beryllium;
(3) Bismuth;
(4) Cobalt;
(5) Molybdenum;
(6) Tin;
(7) Uranyl ion;
(8) Rhenium;
(9) Strontium;
Page 26
(10)
Tellurium;
(11)
Herbicides;
(12)
Fungicides; and
(13)
Pesticides.
(d) Prohibited discharges. No person may discharge to public sewers any waste which by itself or by
Interaction with other wastes may:
(1) Injure or interfere with wastewater treatment processes or facilities;
(2) Constitute a hazard to humans or animals; or
(3) Create a hazard in receiving waters of the POTW effluent.
(a) Chemical discharges.
(1) No discharge to public sewers may contain:
a. Chlorides in concentrations of such an amount as to cause pass through or Interference
with the sanitary sewer system;
b. Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas,
c. Substances causing an excessive chemical oxygen demand; or
d. Fluoride other than that contained in the public water supply.
(2) No waste or wastewater discharged to public waters may contain:
a. Strong acid, iron pickling wastes or concentrated plating solutions, whether neutralized or
not;
b. Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/i or containing
substances which may solidify or become viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius);
c. No waste, wastewater or other substance may be discharged into public sewers which has
a pH lower than 5.0 or higher than 9.0 or any other corrosive property capable of causing
damage or hazard to structures, equipment and personnel at the wastewater facilities. The
limits set forth in this subsection may be altered in a permit properly issued pursuant to this
article;
d. All waste, wastewater or other substance containing phenols, hydrogen sulfide or other
taste- and odor -producing substances shall conform to concentration limits established by
the city. After treatment of the composite wastewater, concentration limits may not exceed
the requirements established by state, federal or other agencies with jurisdiction over
discharges to receiving waters.
(f) Garbage.
(1) No person may discharge garbage into public sewers unless it is shredded to a degree that all
particles can be carried freely under the flow conditions normally prevailing In public sewers.
Particles greater than one-half inch in any dimension are prohibited.
(2) The city is entitled to review and approve the installation and operation of any garbage grinder
equipped with a motor of three -fourths horsepower (0.76 hp metric) or greater.
(g) Stormwater and other unpolluted drainage. No person shall discharge, or cause to be discharged,
any stormwater, groundwater, roof runoff, subsurface drainage, downspouts, yard drains, yard
fountains and ponds or lawn sprays into any sanitary sewer. Water from swimming pools, unpolluted
industrial water, such as boiler drains, blowoff pipes or cooling water from various equipment, shall
not be discharged into sanitary sewers without a permit issued through this article by the city. With a
permit, it may be discharged into the sanitary sewer by an indirect connection whereby such
Page 27
discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three
gallons per minute; provided, that the waste does not contain materials or substances in suspension
or solution in violation of the limits prescribed by this article.
(h) Temperature. No person may discharge liquid or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius), or any substance that causes the temperature of the total
wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour,
or a combined total increase of plant influent temperature to 110 degrees Fahrenheit.
(1) Radioactive wastes.
(1) No person may discharge radioactive wastes or isotopes into public sewers without the
permission of the city.
(2) The city may establish, in compliance with applicable state and federal regulations, regulations
for discharge of radioactive wastes into public sewers.
(j) Concentrations of dissolved solids. Materials that exert or cause concentrations of dissolved solids to
be discharged in such concentrations as to cause pass through or interference with the sanitary
sewer system.
(k) Discoloration. A prohibited discharge includes materials with excessive discoloration, including, but
not limited to, the following:
(1) Dye wastes; and
(2) Vegetable tanning solutions.
(1) Excessive BOD, COD or chlorine. No person shall discharge BOD, COD or chlorine demand in
excess of normal plant capacity.
(m) Other prohibitions. No person may discharge into public sewers any substance that may:
(1) Deposit grease or oil in the sewer lines in such a manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being effectively treated by normal wastewater treatment
processes due to the nonamenability of the substance to bacterial action; or
(4) Deleteriously affect the treatment process due to excessive quantities.
(n) Treatment amenability. No person may discharge any substance Into public sewers that:
(1) Is not amenable to treatment or reduction by the processes and facilities employed; or
(2) Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet
the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(o) Solid or viscous substances. No person may discharge into public sewers solid or viscous
substances which may violate section 98-316 if present In sufficient quantity or size, including, but
not limited to:
(1) Ashes;
(2) Cinders;
(3) Sand;
(4) Mud;
(5) Straw;
(6) Shavings;
(7) Metal;
(8) Glass;
Page 28
(9) Rags;
(10) Feathers;
(11) Tar;
(12) Plastics;
(13) Wood;
(14) Unground garbage;
(15) Whole blood;
(16) Paunch manure;
(17) Hair and fleshings;
(18) Entrails;
(19) Paper products; either whole or ground by garbage grinders;
(20) Slops;
(21) Chemical residues;
(22) Paint residues; and
(23) Bulk solids.
(Code 1967, §§ 34-13-34-19, 34-53(d); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 3, 3-26-
92; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,322, § 7, 5-11-06)
Sec. 98-321. - Pretreatment required.
A person or owners discharging industrial wastes that exhibit any of the prohibited wastes set out in
the specific pollutant limitations In this article shall pretreat or otherwise dispose of such industrial waste
to make the remaining waste acceptable to the city water utilities.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-322. - Excessive BOD and TSS.
A person or owner discharging industrial wastes that exhibit none of the characteristics of wastes
whose discharge is prohibited by this article or other applicable local, state or federal regulation, other
than TSS and BOD in excess of normal domestic wastewater, as defined in this article, shall be required
to pretreat the industrial wastes to meet the required levels of normal domestic wastewater or entered into
a user charge agreement as provided in division 4 of this article. Such nonprohlbited wastes may be
accepted for treatment if:
(1) The waste will not cause damage to the public sewers or be in violation of this article as
prohibited discharges;
(2) The waste will not impair the treatment process; and
(3) The donor of the waste enters into a contractual and permit agreement as set forth in this
article.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-323. - City's right of revision.
Page 29
The city reserves the right to establish by ordinance more stringent limitations or requirements on
discharge to the wastewater disposal system if deemed necessary to comply with the objectives
presented in this article or to secure any other objectives within the police powers of the city.
(Code 1967, § 34-53(e); Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-324. - Dilution prohibited.
Except where authorized to do so by an applicable pretreatment standard or requirement, no
industrial user shall ever increase the use of process water, or in any other way attempt to dilute a
discharge as a partial or complete substitute for adequate treatment to achieve compliance with a
pretreatment standard or requirement. The director may impose mass limitations on industrial users which
are using dilution to meet applicable pretreatment standards or requirements, or in other cases where the
Imposition of mass limitations is appropriate.
(Code 1967, § 34-53(fl; Ord. No. 6191, § 3, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-325-98-350. - Reserved.
DIVISION 6. - REPORTING AND SAMPLING
Sec. 98-351. - Baseline monitoring reports.
Within 180 days after the effective date of a categorical pretreatment standard, existing industrial
users subject to such categorical pretreatment standards and currently discharging to or scheduled to
discharge to the city POTW shall be required to submit to the director a report which contains the
Information listed in the following sections. Where reports containing this information already have been
submitted to the director of EPA, region 6, in compliance with the requirement of 40 CFR 128.140(b)
(1977), the industrial user will not be required to submit this information again. At least 90 days prior to
commencement of discharge, new sources and sources that become Industrial users subsequent to the
promulgation of an applicable categorical standard, shall be required to submit to the director a report
which contains the information listed in subsections (1) through (5) of this section. New sources shall also
be required to include in this report information on the method of pretreatment the source intends to use
to meet applicable pretreatment standards. New sources shall give estimates of the information
requested in subsections (4) and (5) of this section. The information required is as follows:
(1) Identifying information. The user shall submit the name and address of the facility including the
name of the operator and owner;
(2) Permits. The user shall submit a list of any environmental control permits held by or for the
facility;
(3) Description of operations. The user shall submit a brief description of the nature, average rate
of production and standard industrial classification of the operation carried out by such Industrial
user. This description should include a schematic process diagram which indicates points of
discharge to the POTW from the regulated processes;
(4) Flow measurement. The user shall submit information showing the measured average daily
and maximum dally flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams; and
b. Other streams as necessary to allow use of the combined wastestream formula of 40 CFR
403.6(e).
Page 30
The director may allow for verified estimates of these flows where justified by cost or feasibility
considerations. Such estimates shall be verified by a certified professional engineer;
(5) Measurement of pollutants.
a The user shall identify the pretreatment standards applicable to each regulated process
b. In addition, the user shall submit the results of sampling and analysis, identifying the nature
and concentration or mass, where required by standard or director, of regulated pollutants
In the discharge from each regulated process. Both daily maximum and average
concentration or mass, where required, shall be reported. The sample shall be
representative of daily operations;
c. Grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and
volatile organics. For all other pollutants, 24-hour composite samples must be obtained
through flow -proportional composite sampling techniques where feasible. The director may
waive flow -proportional composite sampling for any industrial user that demonstrates that
flow -proportional sampling is not feasible due to the nature of the operation. In such cases,
samples may be obtained through time -proportional composite sampling techniques or
through a minimum of four grab samples where the user demonstrates to a reasonable
certainty that this will provide a representative sample of the effluent being discharged;
d. The user shall take a minimum of one representative sample to compile that data
necessary to comply with the requirements of this subsection;
e. Samples should be taken immediately downstream from pretreatment facilities if such exist
or immediately downstream from the regulated process If no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to pretreatment, the user
should measure the flows and concentrations necessary to allow use of the combined
wastestream formula of 40 CFR 403.6(e) in order to evaluate compliance with the
pretreatment standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR 403.6(e), this adjusted limit along with supporting
data shall be submitted to the director;
f. Sampling and analysis shall be performed in accordance with the techniques prescribed in
40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the administrator determines
that the 40 CFR 136 sampling and analytical techniques are inappropriate for the pollutant
in question, sampling and analysis shall be performed by using methodology approved by
the administrator;
g. The director may allow the submission of a baseline report which utilizes only historical
data so long as the data provides information sufficient to determine the need for industrial
pretreatment measures;
h. The baseline report shall indicate the time, date and place of sampling, and methods of
analysis, and shall certify that such sampling and analysis is representative of normal work
cycles and expected pollutant discharges to the POTW;
(6) Certification. A statement shall be submitted and reviewed by an authorized representative of
the industrial user, as defined in this article, and certified by a qualified professional, indicating
whether pretreatment standards are being met on a consistent basis, and, if not, whether
additional O&M or additional pretreatment is required for the industrial user to meet the
pretreatment standards and requirements; and
(7) Sampling and analysis. All sampling and analysis required by this division shall be performed
by an Independent laboratory that has been approved by the director. All costs of such sampling
and analysis shall be borne by the user.
(Code 1967, § 34-59(a); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 31
Sec. 98-352. - Authority to establish compliance schedules
If additional pretreatment or O&M will be required to meet the pretreatment standards, the shortest
schedule by which the industrial user will provide such additional pretreatment or O&M is required. The
completion date in this schedule shall not be later than the compliance date established for the applicable
pretreatment standard. The following conditions shall apply to the schedule required by this section:
(1) The schedule shall contain increments of progress in the form of dates for the commencement
and completion of major events leading to the construction and operation of additional
pretreatment required for the industrial user to meet applicable categorical pretreatment
standards, including, but not limited to, hiring an engineer, completing preliminary plans,
completing final plans, executing contract for major components, commencing construction,
completing construction, etc. No increment referred to in this subsection shall exceed nine
months; and
(2) Not later than 14 days following each date in the schedule and the final date for compliance,
the Industrial user shall submit a progress report to the director including, at a minimum,
whether or not it complied with the increment of progress to be met on such date and, if not, the
date on which it expects to comply with this increment of progress, the reason for delay and the
steps being taken by the industrial user to return the construction to the schedule established. In
no event shall more than nine months elapse between such progress reports to the director.
(Code 1967, § 34-59(b); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-353. - Report on compliance with categorical pretreatment standard deadline.
Within 90 days following the date for final compliance with applicable categorical pretreatment
standards or for a new source following commencement of the introduction of wastewater into the POTW,
any industrial user subject to pretreatment standards and requirements shall submit to the director a
report containing the information described in subsections 98-351(1) through (6). For industrial users
subject to equivalent mass or concentration limits established by the director in accordance with the
procedures in 40 CFR 403.6(c), this report shall contain a measure of the user's long-term production rate
based on a production period of at least 30 days. For all other industrial users subject to categorical
pretreatment standards expressed in terms of allowable pollutant discharge per unit of production or other
measure of operation, this report shall include the user's actual production during the appropriate
sampling period.
(Code 1967, § 34-59(c); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-354. - Categorical industrial user periodic compliance reports.
Any industrial user subject to a categorical pretreatment standard, after the compliance date of such
pretreatment standard, or, for a new source, after commencement of the discharge into the POTW, shall
submit to the director during the months of June and December, unless required more frequently in the
pretreatment standard or by the director or the administrator, a report indicating the nature and
concentration of pollutants In the effluent which are limited by such categorical pretreatment standards. In
addition, this report shall include a record of measured or estimated average and maximum daily flows for
the reporting period for the discharge reported in section 98-351(4), except that the director may require
more detailed reporting of flows. At the discretion of the director and in consideration of such factors as
local high or low flow rates, holidays, budget cycles, etc., the director may agree to alter the months
during which the above reports are to be submitted.
(Code 1967, § 34-59(d); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 32
Sec. 98-355. - Noncategorical significant industrial user compliance reports.
(a) The director shall require appropriate reporting from those industrial users with discharges that are
not subject to categorical pretreatment standards. Noncategorical significant industrial users shall
submit to the director at least once every six months on dates specified by the director a description
of the nature, concentration and flow of the pollutants required to be reported by the director. These
reports shall be based on sampling and analysis performed in the period covered by the report, and
performed in accordance with the techniques described In 40 CFR 136 and amendments thereto.
(b) This sampling and analysis may be performed by the director in lieu of the significant Industrial user.
Where the POTW itself collects all the Information required for the report, the noncategorical
significant industrial user will not be required to submit this report.
(Code 1967, § 34-59(e); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-356. - Report due dates and requirements for sampling to be performed during reporting period.
(a) The reports required in sections 98-353 through 98-355 shall contain the results of sampling and
analysis of the discharge, Including the flow and the nature and concentration, or production and
mass, where requested by the director, of pollutants contained therein which are limited by the
applicable pretreatment standards.
(b) The reports required in sections 98-353 through 98-355 shall be based upon data obtained through
appropriate sampling and analysis performed during the period covered by the report, which data Is
representative of conditions occurring during the reporting period. The director shall require that
frequency of monitoring necessary to assess and ensure compliance by industrial users with
applicable pretreatment standards and requirements.
(Code 1967, § 34-59(f); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-357. - Inspection and sampling of industrial users by POTW at least once per year.
(a) Under this article, the POTW shall:
(1) Randomly sample and analyze the effluent from industrial users and conduct surveillance
activities in order to identify, independent of information supplied by Industrial users, occasional
and continuing noncompliance with pretreatment standards;
(2) Inspect and sample the effluent from each significant industrial user at least once a year. Such
Inspection and sampling and analysis thereof shall be performed on behalf of the POTW by an
Independent laboratory at the request of the director. All costs of such inspection, sampling and
analysis shall be borne by the user; and
(3) Evaluate, at least once every two years, whether each such significant industrial user needs a
plan to control slug discharges. For purposes of this subsection, a slug discharge is any
discharge of a nonroutine, episodic nature, including, but not limited to, an accidental spill or a
noncustomary batch discharge.
(b) The results of such activities shall be available to the administrator upon request.
(Code 1967, § 34-59(g); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-358. - Self -monitoring requirements for significant industrial users.
Page 33
The reports required in section 98-355 shall contain the results of sampling and analysis of the
discharge, including the flow and the nature and concentration or production and mass where requested
by the director of pollutants contained therein that are limited by the applicable pretreatment standards
(Code 1967, § 34-59(h); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-359. - Certification statements.
Under this article, all reports and/or permit applications submitted by categorical and/or significant
industrial users to the city must include the certification as stated in subsection 98-2510).
(Code 1967, § 34-59(i); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 8, 5-11-06)
Sec. 98-360. - Notification of changed discharge.
Every industrial user shall promptly notify the POTW in advance of any substantial change in the
volume or character of pollutants in his discharge, including the listed or characteristic hazardous wastes
for which the industrial user has submitted initial notification under 40 CFR 403.12(p).
(Code 1967, § 34-590); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-361. - Notice of potential problems, including slug loading.
Every categorical and noncategorical industrial user shall notify the POTW immediately of all
discharges that could cause any difficulties In meeting the objectives of this article, Including any slug
loadings, as defined in Section 98-126 of this Code and 40 CFR § 403.5(b), by the Industrial user.
(Code 1967, § 34-59(k); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 9, 5-11-06)
Sec. 98-362. - Reports required for nonsignificant/minor users.
(a) Effect of permit endorsement. Under this article, a permit endorsement is issued to an industrial
user that certifies no Industrial wastewater is discharged to the city's sanitary sewer. The permit is
issued based on that certification.
(b) Noncategorical industrial users. All industrial users not identified as categorical industrial users
under 40 CFR 403.6 and 40 CFR chapter 1, subsection N must maintain a written log of all waste
material that goes to an offsite disposal facility. The log shall be available for inspection by the
Industrial wastewater service for a minimum of three years after the waste material has left the user's
facility. If any process changes, including discharging wastewater from any new or existing process
to the sanitary sewer, application must be made at least 30 days prior to the proposed change.
(c) Categorical industrial users.
(1) All industrial users subject to federal categorical pretreatment regulations are required to
submit semiannual compliance reports. During the months of June and December, it is required
that a report be submitted to the director with a certification that no regulated wastestreams
were discharged to the sanitary sewer during the preceding six-month reporting period.
(2) If any person plans to begin discharging industrial waste from any regulated process operation
to the city's sanitary sewer system, it is a requirement of 40 CFR 403.12(b) that existing sources
that become indirect dischargers after the promulgation of an applicable categorical
Page 34
pretreatment standard must submit a baseline monitoring report to the director at least 90 days
prior to the commencement of discharges to the POTW. The report must provide information on
the method of pretreatment the user proposes to meet applicable standards. For new sources.
the industrial user may provide estimates of the production, flow and the quality and presence of
regulated pollutants in its wastestream.
(3) All industrial users subject to federal categorical pretreatment regulations must maintain a
written log of all waste material that goes to an off -site disposal facility. The log shall be
available for inspection by the industrial wastewater service for a minimum of three years after
the waste material has left the user's facility.
(Code 1967, § 34-59(1); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-363. - Notification of violation.
(a) If sampling performed by an industrial user indicates a violation of the applicable pretreatment
standards, the user shall notify the director within 24 hours of becoming aware of the violation. The
user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the
director within 30 days after becoming aware of the violation, except the industrial user is not
required to resample if the director performs sampling of the industrial user:
(1) At a frequency of at least once per month; or
(2) Between the time when the user performs its initial sampling and the time when the user
receives the results of this sampling.
(b) Any repeat sampling and analysis required by this section shall be performed by an independent
laboratory acceptable to the director. All costs of such repeat sampling and analysis shall be borne
by the user.
(Code 1967, § 34-59(m); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-364. -Analytical requirements.
Under this division, sampling and analysis shall be performed in accordance with the techniques
prescribed in 40 CFR 136 and amendments thereto. Where 40 CFR 136 does not contain sampling or
analytical techniques for the pollutant in question, or where the administrator determines that the 40 CFR
136 sampling and analytical techniques are inappropriate for the pollutant In question, sampling and
analysis shall be performed by using validated analytical methods or any other applicable sampling and
analytical procedures, including procedures suggested by the POTW or other parties, approved by the
administrator.
(Code 1967, § 34-59(n); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-365. - Method of sample collection.
(a) Sampling of the effluent of waste discharges may be accomplished manually or by use of
mechanical equipment to obtain a composite sample which would be representative of the total
effluent. Samples shall be taken at six-month intervals to establish the BOD and suspended solids of
the industrial waste or at such intervals as determined by the director as necessary to maintain a
control over the discharges from the permittee. The method used in the examination of all industrial
wastes to determine BOD, TSS, chlorine demand and prohibited wastes shall be as set forth in 40
CFR 136.
(b) Subsection (a) of this section is not applicable in connection with the following:
Page 35
(1) A permit application;
(2) A demonstration of compliance after violations of any discharge standard; or
(3) Permit requirements of a permittee which specify sampling frequency. Tests made on
representative samples collected by the director shall be made at such intervals as the director
may designate, so long as samples are taken not less than on an annual basis.
(c) Samples may be taken and tests made at the director's option without notice to the permittee, and
such test results made by the director shall fix the applicable user charge established in this article.
However, with regard to establishment of user charges, a permittee may request in writing for
permission to conduct self -monitoring by an independent laboratory approved by the director. Such
request must be approved in writing by the director. If approved by the director, all costs of such
composite sampling and analyses shall be bome by the permittee. The director's approval of
sampling analyses performed by an independent laboratory does not prevent representatives of the
department from taking additional samples at its option without notice to the permittee. The director
may use the self -monitoring results In determining the user charge.
(d) Written notice from the director approving sampling and analyses by an independent laboratory to
establish user charges under this article may be canceled by the director by giving written notice of
such cancellation to the permittee.
(e) Sampling shall be conducted according to methods acceptable to the director. If, after receiving the
permit application, the director determines the operations or characteristics of the producer's
industrial waste discharge require composite sampling, the director may require same, which shall
be provided by the producer on the basis of an average workday. Otherwise, the analysis will be
made on the basis of grab samples.
The discharge parameter values for which reports are required must be determined by one of the
standard analytical test procedures incorporated by reference, and described in, 40 CFR 136.3, tables IA,
113, IC, ID and IE, or by an alternate test procedure that has been approved by the director under the
provisions of 40 CFR 136.4 and 136.5. Under certain circumstances, 40 CFR 136.3(b) or (c), or 40 CFR
401.13, other test procedures may be used that may be more advantageous when such other test
procedures have been previously approved by the administrator, and providing the director does not
object to the use of such alternate test procedure.
(f) Under certain circumstances, the administrator may approve, upon recommendation by the director
of the Environmental Monitoring and Support Laboratory, Cincinnati, Ohio, addltional/altemate test
procedures for nationwide use.
(g) Sample preservation procedures, container materials and maximum allowable holding times for
parameters cited in tables IA, IB, IC, ID and IE of 40 CFR 136.3 are prescribed in table 11, 40 CFR
136.3. Any person may apply for a variance from the prescribed preservation techniques, container
materials and maximum holding times applicable to samples taken from a specific discharge.
Application for variances must be made in writing to the administrator. Sufficient data should be
provided to assure such variance does not adversely affect the Integrity of the sample. Such data will
be forwarded by the regional administrator to the director of the Environmental Monitoring and
Support Laboratory in Cincinnati, Ohio, for technical review and recommendations for action on the
variance application. Upon receipt of the recommendations from the director of the Environmental
Monitoring and Support Laboratory, the administrator may approve a variance applicable to the
specific discharge by the applicant. A decision to approve or deny approval of a variance will be
made within 90 days of receipt of the application by the administrator. Upon approval by the
administrator, the applicant may then present the request for the variance to the city council.
(Code 1967, § 34-59(o); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-366. - Recordkeeping.
Page 36
(a) Any industrial user and POTW subject to the reporting requirements established in this article shall
maintain records of all information resulting from any monitoring activities required by this division.
Such records shall include the following for all samples:
(1) The date, exact place, method and time of sampling and the name of the person taking the
sample;
(2) The dates that the analyses were performed;
(3) Who performed the analyses;
(4) The analytical techniques/methods used; and
(5) The results of such analyses.
(b) Any industrial user or POTW subject to the reporting requirements established in this division shall
be required to retain for a minimum of three years any records of monitoring activities and results,
whether or not such monitoring activities are required by this division, and shall make such records
available for inspection and copying by the director and the administrator and POTW for an industrial
user. This period of retention shall be extended during the course of any unresolved litigation
regarding the Industrial user or POTW or when requested by the director or the administrator.
(Code 1967, § 34-59(p); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-367. - Fraud and false statements.
The reports and other documents required to be submitted or maintained under the division shall be
subject to:
(1) The provisions of 18 USC chapter 1001 relating to fraud and false statements;
(2) 40 CFR 309(c)(4) of the act, as amended, governing false statements, representation or
certification; and
(3) 40 CFR 309(c)(6) regarding responsible corporate officers.
(Code 1967, § 34-59(q); Ord. No. 6191, § 9, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-368-98-395. - Reserved.
DIVISION 7. - COMPLIANCE MONITORING
Sec. 98-396. - Inspection and sampling.
The POTW shall carry out all inspection, surveillance and monitoring procedures necessary to
determine, independent of information supplied by industrial users, compliance or noncompliance with
applicable pretreatment standards and requirements by industrial users. Representatives of the POTW
shall be authorized to enter any premises of any industrial user in which a discharge source or treatment
system is located or in which records are required to be kept under 40 CFR 403.12(m) to assure
compliance with pretreatment standards. Such authority shall be at least as extensive as the authority
provided under section 308 of the act.
(Code 1967, § 34-60(a); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-397. - Right of entry.
Page 37
A person or occupant of premises where wastewater is created or discharged shall allow the city or
its representative ready access at all reasonable times to all parts of the premises for the purposes of
Inspection, sampling, records examination or in the performance of any of his duties.
(Code 1967, § 34-60(b); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-398. - Inspection for compliance.
Under this article, the director, state and EPA shall have the right to set up on the user's property
such devices as are necessary to conduct sampling, inspection, compliance monitoring and metering
operations. Where a user has security measures in force which would require proper identification and
clearance before entry into their premises, the user shall make necessary arrangements with their
security guards so that, upon presentation of suitable identification, personnel from the city, state and
EPA will be permitted to enter, without unnecessary delay, for the purposes of performing their specific
responsibilities.
(Code 1967, § 34-60(c); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-399. - Independent samples.
The director may select an independent firm or laboratory to determine flow and any necessary
parameter limit testing required under this article. All costs of such sampling and analysis shall be bome
by the user.
(Code 1967, § 34-60(d); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-400. - Installation of monitoring equipment
(a) Under this article, the director may require to be provided and operated, at the user's own expense,
monitoring facilities to allow inspection, sampling and flow measurement of the building sewer and
Internal drainage systems. The monitoring facility should normally be situated on the user's
premises, but the director may, when such a location would be impractical or cause undue hardship
on the user, allow the facility to be constructed in the public street or sidewalk area and located so
that It will not be obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate sampling
and preparation of samples for analysis. The facility, sampling and measuring equipment shall be
maintained at all times in a safe and proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities shall be
provided in accordance with the city's requirements and all applicable local construction standards
and specifications. Plans for construction of the control manholes or inspection chambers, including
such flow -measuring devices as may be required, shall be Included with the industrial wastewater
discharge application.
(Code 1967, § 34-60(e); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-401. - Inspection and copying of records.
Any industrial user or POTW subject to the reporting requirements established in 40 CFR 403 shall
be required to retain for a minimum of three years any records of discharge monitoring activities and
results, whether or not such monitoring activities are required by this article, and shall make such records
available for inspection and copying by the director and the administrator and POTW, for an industrial
Page 38
user. This period of retention shall be extended during the course of any unresolved litigation regarding
the industrial user or POTW or when requested by the director or the administrator.
(Code 1967, § 34-60(f); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-402. - Search warrants.
(a) If the director has been refused access to a building, structure, or property, or any part thereof, and
Is able to demonstrate probable cause to believe that there may be a violation of this division, or that
there is a need to inspect and/or sample as part of a routine inspection and sampling program of the
city designed to verify compliance with this division or any permit or order issued hereunder, or to
protect the overall public health, safety and welfare of the community, then director may seek
Issuance of a search warrant from a magistrate.
(b) A search warrant may not be issued under this article except upon the presentation of evidence of
probable cause to believe that a tare or health hazard or violation or unsafe building condition is
present in the premises sought to be Inspected.
(c) In determining probable cause, the magistrate is not limited to evidence of specific knowledge, but
may consider any of the following:
(1) The age and general condition of the premises;
(2) Previous violations or hazards found present in the premises;
(3) The type of premises;
(4) The purposes for which the premises is used; and
(5) The presence of hazards or violations in and the general condition of premises near the
premises sought to be inspected.
(d) The city may designate one code enforcement official for the purpose of being issued a search
warrant as authorized by subsection (a) of this section.
(Code 1967, § 34-60(g); Ord. No. 6191, § 10, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 10, 5-11-06)
Secs. 98-403-98-430. - Reserved.
DIVISION 8. - ACCIDENTAL DISCHARGES
Sec. 98-431. - Pretreatment facilities.
Every industrial user shall provide necessary wastewater treatment as required to comply with this
article and shall achieve compliance with all categorical pretreatment standards, local limits and the
prohibitions set out in this article, within the time limitations specified by the EPA, the state or the director,
whichever is more stringent. Any facilities required to pretreat wastewater to a level acceptable to the
director shall be provided, operated and maintained at the industrial user's expense. Detailed plans
showing the pretreatment facilities and operating procedures shall be submitted to the director for review,
and shall be acceptable to the director before construction of the facility. The review of such plans and
operating procedures will in no way relieve the industrial user from the responsibility of modifying the
facility as necessary to produce an acceptable discharge to the city under this article.
(Code 1967, § 34-54(a); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Page 39
Sec. 98-432. - Policy.
Each user under this article shall provide protection from accidental discharge of prohibited materials
or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited
materials shall be provided and maintained at the owner's or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide this protection shall be submitted to the director for
review, and shall be approved by the director before construction of the facility. All existing users shall
complete such plans within 180 days from the effective date of the ordinance from which this article
derives. No user who commences contribution to the POTW after the effective date of the ordinance from
which article derives shall be permitted to introduce pollutants Into the system until accidental discharge
procedures have been approved by the director. Review and approval of such plans and operating
procedures shall not relieve the industrial user from the responsibility to modify the user's facility as
necessary to meet the requirements of this article. In the case of an accidental discharge, It is the
responsibility of the user to immediately telephone and notify the POTW of the incident. The notification
shall include location of discharge, type of waste, concentration and volume, and corrective actions.
(Code 1967, § 34-54(b); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-433. - Written notice.
Within five days following an accidental discharge as provided in this division, the user shall submit
to the director a detailed written report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any
expense, loss, damage or other liability which may be incurred as a result of damage to the POTW, fish
kills or any other damage to person or property; nor shall such notification relieve the user of any fines,
civil penalties or other liability which may be imposed by this article or other applicable law.
(Code 1967, § 34-54(c); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-434. - Notice to employees.
Under this division, the employer shall ensure that all appropriate employees be advised of
notification procedures to be used in the event of an accidental discharge.
(Code 1967, § 34-54(d); Ord. No. 6191, § 4, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-435. -Slug control plan.
The city shall evaluate, at least once every two years, whether each such significant industrial user
needs a plan to control slug discharges. For purposes of this subsection, a slug discharge is any
discharge of a nonroutine, episodic nature, including but not limited to an accidental spill or a
noncustomary batch discharge. The results of such activities shall be available to the approval authority
upon request. Alternatively, the director may develop such a plan for any Industrial user. If the director
decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) A description of discharge practices, including nonroutine batch discharges;
(2) A description of stored chemicals;
(3) Procedures for immediately notifying the director of a slug discharge as required by section 98-
433; and
(4) Procedures to prevent adverse impact from any spills, Including but not limited to, inspection
and maintenance of storage areas, handling and transfer of materials, loading and unloading
operations, control of plant site runoff, worker training, building of containment structures or
Page 40
equipment, measures for containing toxic organic pollutants (including solvents), and/or
measures and equipment for emergency response.
(Ord. No. 10,322, § 11, 5-11-06)
Secs. 98-436-98-469. - Reserved.
Sec. 98-126. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them In this section, except where the context clearly indicates a different meaning:
Act or the act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251 et seq.
Approval authority or administrator means the EPA region VI administrator or the director of a
National Pollutant Discharge Elimination System (NPDES) delegated state with an approved state
pretreatment program or their duly authorized representatives, as defined in 40 CFR 403.3(c).
Authorized representative of the industrial user means that the reports required by this section shall
include the certification statement as set forth in 40 CFR 403.6(a)(2)(ii), and shall be signed as follows:
(1) By a responsible corporate officer, if the industrial user submitting the reports is a corporation.
For the purpose of this subsection, a responsible corporate officer means:
a. A president, secretary, treasurer or vice-president of the corporation in charge of a principal
business function, or any person with similar policy- or decision -making responsibilities for
the corporation; or
b. The manager of one or more manufacturing, production or operation facilities employing
more than 250 persons or having gross annual sales or expenditures exceeding
$25,000,000.00, In second-quarter 1980 dollars, if authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
(2) By a general partner or proprietor if the industrial user submitting the reports Is a partnership or
sole proprietorship, respectively.
(3) By a duly authorized representative of the individual designated in subsection (1) or (2) of this
definition if.
a. The authorization is made in writing by the individual described in subsection (1) or (2) of
this definition;
b. The authorization specifies either an individual or a position having responsibility for the
overall operation of the facility from which the industrial discharge originates, such as the
position of plant manager, operator of a well or wellfield superintendent, or a position of
equivalent responsibility for environmental matters for the company; and
c. The written authorization is submitted to the director.
(4) If an authorization under subsection (3) of this definition is no longer accurate because a
different individual or position has responsibility for the overall operation of the facility, or overall
responsibility for environmental matters for the company, a new authorization satisfying the
requirements of subsection (3) of this definition must be submitted to the city prior to or
contemporaneously with any reports to be signed by an authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in mg/l,
utilized In the biochemical oxidation of organic matter under standard laboratory conditions for five days at
a temperature of 20 degrees Celsius.
Page 41
Slowdown means the minimum discharge of recirculating water for the purpose of discharging
materials contained in the water, the further buildup of which would cause concentration in amounts
exceeding limits established by best engineering practices.
Building sewer means the extension from the building drain to the public sewer or other place of
disposal, also called house lateral and house connection.
Chemical oxygen demand (COD) means the measure of the oxygen consuming capacity of inorganic
and organic matter present in the water or wastewater expressed in mg/I as the amount of oxygen
consumed from a chemical oxidant In a specific test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with biochemical oxygen demand.
City or individuals representing the city means the City of Baytown, Texas, or any authorized person
acting in its behalf.
Composite sample means a sampling method that combines discrete aliquots of a sample collected
over time, based on the flow of the wastestream being sampled. There are two methods used to collect
this type of sample. One method collects a constant sample volume at time intervals which may vary
based on the stream flow (e.g., 200 milliliters (ml) sample collected for every 5,000 gallons discharged).
The other method collects aliquots of varying volume, based on stream flow, at constant time intervals.
Contact cooling water means water used for cooling which comes into contact with raw material,
Intermediate product, waste product or finished product.
Control authority refers to the POTW of the city.
Control manhole means a manhole giving access to a building sewer at some point before the
building sewer discharge mixes with other discharges in the public sewer.
Director means the director of the city public works/utilities department, or his authorized deputy,
agent or representative.
Disposal garbage means animal and vegetable wastes and residue from preparation, cooking and
dispensing of food; and from the handling, processing, storage and sale of food products and produce.
Environmental protection agency or EPA means the United States Environmental Protection Agency.
Grab sample means an individual sample collected over a period of time not exceeding 15 minutes.
Indirect discharge or discharge means the Introduction of pollutants into a POTW from any
nondomestic source regulated under section 307(b), (c) or (d) of the act.
Industrial user (1Q) or user means a source of indirect discharge.
Industrial waste means waste resulting from any process of industry, manufacturing, trade or
business from the development of any natural resource, disposal garbage or any mixture of the waste
with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge or user charge or surcharge means the charge made on those persons who
discharge industrial wastes with high loadings over that of normal domestic sewage into the city's sewer
system to recover excessive costs for treatment by the city.
Interference means a discharge which, alone or in conjunction with a discharge or discharges from
other sources, both: (i) inhibits or disrupts the POTW, its treatment processes or operations, or its sludge
processes, use or disposal; and (11) therefore, is a cause of a violation of any requirement of the POTW's
TPDES permit, Including an Increase in the magnitude or duration of a violation, or of the prevention of
sewage sludge use or disposal in compliance with the following statutory provisions and regulations or
permits issued there under, or more stringent state or local regulations, or section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) including Title II, more commonly referred to as the Resource
Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.
Maximum allowable discharge limit means the highest allowable discharge.
Page 42
Milligrams per liter (mg1l) means the same as parts per million and is a weight -to -volume ratio; the
milligram -per -liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of
water.
National pretreatment standard, pretreatment standards or standards means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with section 307 (b) and (c)
of the act, which applies to industrial users. This term includes prohibitive discharge limits established
pursuant to 40 CFR 403.5.
Natural outlet means any outlet Into a watercourse, ditch, lake or other body of surface water or
groundwater.
New source means any building, structure, facility or installation from which there is or may be a
discharge of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under section 307(c) of the act which will be applicable to such source if such
standards are thereafter promulgated In accordance with that section, provided that (1) the building,
structure, facility or installation is constructed at a site at which no other source is located; (ii) the building,
structure, facility or Installation totally replaces the process or production equipment that causes the
discharge of pollutants at an existing source; or (iii) the production or wastewater generating processes of
the building, structure, facility or Installation are substantially Independent of an existing source at the
same site. In determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the new facility is
engaged in the same general type of activity as the existing source should be considered. Construction
on a site at which an existing source is located results in a modification rather than a new source if the
construction does not create a new building, structure, facility or Installation meeting the criteria of
subsections (1) through (iii) of this definition but otherwise alters, replaces or adds to existing process or
production equipment. Construction of a new source has commenced if the owner or operator has:
(1) Begun, or caused to begin as part of a continuous on -site construction program:
a. Any placement, assembly or installation of facilities or equipment; or
b. Significant site preparation work, Including clearing, excavation or removal of existing
buildings, structures or facilities which is necessary for the placement, assembly or
Installation of new source facilities or equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or equipment which
are intended to be used in its operation within a reasonable time. Options to purchase or
contracts which can be terminated or modified without substantial loss, and contracts for
feasibility, engineering and design studies do not constitute a contractual obligation under this
subsection.
Noncontact cooling water means water used for cooling which does not come into contact with any
raw material, intermediate product, waste product or finished product.
Nondomestic user means any person who discharges, causes or permits the discharge of
wastewater from any facility other than a residential unit.
Normal domestic wastewater means wastewater, excluding industrial wastewater, discharged by a
person into sanitary sewers and in which the average concentration of total suspended solids is not more
than 250 mg/I and BOD is not more than 250 mg/l.
Operator means the person responsible for the overall operation of a facility.
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its
engineered design capacity.
Owner means the person who owns a facility or part of a facility.
Pass through means a discharge which exits the POTW into waters of the United States, or any
state, in quantities or concentrations which, alone or in conjunction with a discharge or discharges from
other sources, is a cause of a violation of any requirement of the POTW's TPDES permit, including an
increase, in the magnitude or duration of a violation.
Page 43
Person or any individual means and includes corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.
pH means the logarithm (base 10) of the reciprocal of the hydrogen Ion concentration.
Pollutant means dredged spoils, solid waste, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, except those
regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 at seq.), heat, wrecked or
discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged
into water. It does not mean sewage from vessels; or water, gas or other material which Is injected Into a
well to facilitate production of oil or gas, or water derived in association with oil and gas production and
disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by
authority of the state in which the well is located and if the state determines that the Injection or disposal
will not result in the degradation of groundwater or surface water resources.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants or the
alteration of the nature of pollutant properties in wastewater prior to or instead of discharging or otherwise
Introducing such pollutants into a POTW. The reduction or alteration may be obtained by physical,
chemical or biological processes, process changes or by other means, except as prohibited by 40 CFR
403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or
facilities, for protection against surges or slug loadings that might Interfere with or otherwise be
incompatible with the POTW. However, where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with wastewater from another regulated process, the
effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance
with 40 CFR 403.6(e).
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment, other than a national pretreatment standard, imposed on an industrial user.
Process wastewater means any water which, during manufacturing or processing, comes Into direct
contact with or results from the production or use of any raw material, intermediate product, finished
product, byproduct or waste product.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage In which owners of
abutting properties shall have the use, subject to control by the city.
Publicly -owned treatment works (POT1V) or wastewater treatment plant means a treatment works as
defined by section 212 of the act, which Is owned by a state or municipality, as defined by section 502(4)
of the act. This definition Includes any devices and systems used In the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and
other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the
municipality, as defined in section 502(4) of the act, which has jurisdiction over the indirect discharges to
and the discharges from such a treatment works.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a
combination of both and into which stormwater, surface water, groundwater and other unpolluted wastes
are not Intentionally passed.
Significant industrial user means:
(1) All dischargers subject to categorical pretreatment standards under 40 CFR 403.6 and 40 CFR
chapter 1, subchapter N; and
(2) All noncategorical dischargers that, in the opinion of the director, have a reasonable potential to
adversely affect the POTW's operation, or that contribute a process wastestream which makes
up five percent or more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant, or that discharge an average of 25,000 gallons per day or more of process
wastewater to the POTW. However, the director need not designate as significant any
noncategorical industrial user that, in the opinion of the director and with the agreement of the
administrator, has no potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement. Any noncategorical industrial user designated as
Page 44
significant may petition the director to be deleted from the list of significant industrial users on
the grounds that it has no potential for adversely affecting the POTW's operation or violating
any pretreatment standard or requirement.
Slug load or slug means any discharge of a nonroutine, episodic nature, including, but not limited to,
an accidental spill or noncustomary batch discharge of water, wastewater or industrial waste which, in
concentration of any given constituent or in quantity of flow, exceeds for any period of duration longer
than 15 minutes more than five times the average 24-hour concentration or flows during normal
operation.
Standard industrial classification (SIC) code means a classification pursuant to the Standard
Industrial Classification Manual currently issued by the Executive Office of the President, Office of
Management and Budget. The SIC defines industries in accordance with the composition and structure of
the economy and covers the entire field of economic activities.
Storm sewer means a public sewer that carries stormwater and surface water and drainage and into
which domestic wastewater or industrial waste is not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Strong acid means any substance with a pH less than 6.0.
Suspended solids or total suspended solids (TSS) means solids measured in mg/I that either float on
the surface of or are in suspension in water, wastewater or other liquids and which are largely removable
by a laboratory filtration device.
To discharge includes to deposit, conduct, drain, emit, throw, run, allow to seep or otherwise release
or dispose of, or to allow, permit or suffer any of these acts or omissions.
Toxic pollutant means one of 126 pollutants or combination of those pollutants listed as toxic in
regulations promulgated by the EPA under the provision of section 307 (33 U.S.C. § 1317) of the act.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances.
Unpolluted wastewater means water containing:
(1) No free or emulsified grease or oil;
(2) No acids or alkalis;
(3) No phenols or other substances producing taste or odor in receiving water;
(4) No toxic or poisonous substances in suspension, colloidal state or solution;
(5) No noxious or otherwise obnoxious or odorous gases;
(6) Not more than an insignificant amount in mg/I each of suspended solids and BOD, as
determined by the state natural resource conservation commission; and
(7) Color not exceeding 50 units as measured by the platinum -cobalt method of determination as
specified In 40 CFR 136.
Wastq means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting
from domestic, agricultural or Industrial activities.
Wastewater means a combination of the water -carried waste from residences, business buildings,
institutions and industrial establishments, together with any groundwater, surface water and stormwater
that may be present.
Wastewater facilities Includes all facilities for collection, pumping, treating and disposing of
wastewater and industrial wastes.
Watercourse means a natural or manmade channel in which a flow of water occurs, either
continuously or intermittently.
Page 45
(Code 1967, §§ 34-11, 34-52(a); Ord. No. 1765, § 1, 3-13-75; Ord. No. 6191, § 2, 3-26-92; Ord.
No. 6667, § 1, 6-8-93; Ord. No. 8118, § 1, 10-23-97; Ord. No. 10,344, § 2, 5-25-06)
Cross reference— Definitions generally, § 1-2.
Sec. 98-127. -Abbreviations.
As used in this article, the following abbreviations shall have the following meanings:
BOD means five-day biochemical oxygen demand.
CFR means Code of Federal Regulations.
COD means chemical oxygen demand.
EPA means U.S. Environmental Protection Agency.
mg/J means milligrams per liter.
NPDES means National Pollutant Discharge Elimination System.
O&M means operation and maintenance.
POTW means publicly -owned treatment works.
SIC means standard industrial classifications.
TCEQ means Texas Commission on Environmental Quality
TPDES means Texas Pollutant Discharge Elimination System.
TSS means total suspended nonfilterable solids.
USC means United States Code.
(Code 1967, § 34-52(b); Ord. No. 6191, § 2, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 3, 5-11-06)
Sec. 98-128. - Purpose.
This article sets forth uniform requirements for direct and indirect contributors into the wastewater
collection and treatment system for the city and enables the city to comply with all applicable state and
federal laws required by the Clean Water Act (33 U.S.C. § 1251 at seq.) and the General Pretreatment
Regulations (40 CFR 403).
(Code 1967, § 34-51(a); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-129. - Objectives.
(a) The objectives of this article are to:
(1) Prevent the introduction of pollutants into the municipal wastewater system which will interfere
with the operation of the system or contaminate the resulting sludge;
(2) Prevent the introduction of pollutants into the municipal wastewater system which will pass
through the system, inadequately treated, Into receiving waters or the atmosphere or otherwise
be incompatible with the system;
(3) Improve the opportunity to recycle and reclaim wastewaters and sludges from the system;
(4) Provide for equitable distribution of the cost of the municipal wastewater system;
Page 46
(5) Ensure that the composition of sludge will allow its use and disposal to be in compliance with
all local, state and federal statutes and regulations;
(6) Protect the health and welfare of the general public and all the POTW personnel,
(7) Enable the city to comply with TPDES permit conditions, sludge use and disposal requirements
and any other applicable federal or state law; and
(8) Prevent property damage.
(b) This article provides for the regulation of direct and indirect contributors to the municipal wastewater
system through the issuance of permits to certain nondomestic users and through enforcement of
general requirements for the other users, authorizes monitoring and enforcement activities, requires
user reporting, assumes that existing customer's capacity will not be preempted and provides for the
setting of fees for the equitable distribution of costs resulting from the program established in this
article.
(Code 1967, § 34-51(b); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97; Ord. No.
10,322, § 4, 5-11-06)
Sec. 98-130. -Jurisdiction and enforcement.
(a) This article shall apply to the city and to persons and entities outside the city who are, by contract or
agreement with the city, users of the city POTW.
(b) Except as otherwise provided in this article, the director shall administer, implement and enforce the
provisions of this article.
(c) The requirements of this article shall apply to all areas within the extraterritorial limits of the city, as
established by the Texas Revised Civil Statutes and as they shall be amended, and shall apply to all
users of the water and sewer system of the city, regardless of location.
(Code 1967, § 34-51(c); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec.98-131. -Applicability.
This article shall apply to all nondomestic users of the city's POTW discharging directly or indirectly
into the POTW's sanitary system. In addition, it shall be unlawful for any nondomestic user located
outside the city limits to continue discharges to the POTW except as provided in this article.
(Code 1967, § 34-51(d); Ord. No. 6191, § 1, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-132. - Compliance.
(a) Unless exception is granted by the city, the public sanitary sewer system shall be used by all
persons discharging:
(1) Wastewater;
(2) Industrial waste; and/or
(3) Polluted liquids.
(b) Unless authorized by the state natural resource conservation commission, no person may deposit
or discharge any waste included in subsection (a) of this section on public or private property into or
adjacent to any:
(1) Natural outlet;
Page 47
(2) Watercourse;
(3) Storm sewer; or
(4) Other area within the jurisdiction of the city.
(c) The city shall verify prior to discharge that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordinances, rules and orders of federal, state
and local governments.
(Code 1967, § 34-20; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-133. - City requirements.
(a) If discharges or proposed discharges to public sewers may (i) cause damages to collection facilities;
(ii) impair the processes; (fil) incur treatment cost exceeding those of normal sewage; (iv) render the
water unfit for receiving waters or industrial use; (v) create a hazard to life or health; or (vi) create a
public nuisance; the approving authority shall require the following:
(1) Pretreatment to an acceptable condition for discharge to the public sewers;
(2) Control of the quantities and rates of discharge of such waste; and
(3) Payment of surcharges for excessive cost for treatment, provided such wastes are amenable to
treatment by normal sewage plant facilities operated by the city.
(b) The city is entitled to determine whether a discharge or proposed discharge is included under
subsection (a) of this section.
(c) The city shall reject wastes when:
(1) it determines that a discharge or proposed discharge is included under subsection (a) of this
section; and
(2) The discharger does not meet the requirements of subsection (a) of this section.
(Code 1967, § 34-21; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-134. - City review and approval.
(a) If pretreatment or control is required under this article, the city shall review and approve design and
Installation of equipment and processes.
(b) The design and installation of equipment and processes must conform to all applicable statutes,
codes, ordinances and other laws.
(c) Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall
provide and maintain the facilities in effective operating condition at his own expense.
(Code 1967, § 34-22; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-135. - Traps.
(a) Under this article, discharges requiring a trap should include grease or waste containing grease in
excessive amounts, oil, sand, flammable waste and other harmful ingredients.
(b) Any person responsible for discharges requiring a trap shall, at his own expense and as required by
the city, provide plans and specifications for equipment and facilities of a design type and design
capacity approved by the city engineer and by the director. The person shall locate the trap in a
manner that provides easy accessibility for cleaning and inspection and maintain the trap in effective
Page 48
operating condition. The trap shall be inspected by the city's Inspection department during
construction and upon completion. A final inspection shall be made by all Interested parties, including
the city engineer, director and chief building official, before any service connections are made.
(Code 1967, § 34-23; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-136. - Building sewers.
(a) Any person responsible for a discharge through a building sewer carrying industrial wastes shall, at
his own expense and as required by the city:
(1) Install an accessible and safely located control manhole or inspection chamber;
(2) Install meters and other appurtenances to facilitate observation sampling and measurement of
the waste; and
(3) Maintain the equipment and facilities.
(b) Every such manhole or inspection chamber, shall be of such design and construction as to prevent
Infiltration by groundwater and surface water or introduction of slugs or solids by the installation of
screens with maximum openings of one Inch, but of sufficient fineness to prevent the entrance of
objectionable slugs or solids to the sanitary sewer system, and shall be so maintained by the person
discharging wastes so that any authorized representative or employee of the city may readily and
safely measure the volume and obtain samples of the flow at all times. Plans for the construction of
control manholes or inspection chambers, including such flow measuring devices as may be required
by this article, shall be approved by the director prior to the beginning of construction.
(Code 1967, § 34-24; Ord. No. 1765, § 1, 3-13-75; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-137. - Hauled wastewater procedures.
(a) As used In this section, "Industrial waste" shall include septic tank waste.
(b) Industrial waste may be introduced into the POTW only at locations designated by the director and
at such times as are established by the director. Such waste shall not violate division 5 of this article
or any other requirements established by the city.
(c) Industrial waste haulers may discharge loads only at locations designated by the director. No load
may be discharged without prior consent of the director. The director may collect samples of each
hauled load to ensure compliance with applicable standards. The director may require the industrial
waste hauler to provide a waste analysis of any load prior to discharge.
(d) An industrial waste hauler must provide a waste -tracking form for every load. This form shall include
at a minimum the name and address of the person generating the industrial waste and the volume
and characteristics of the waste. The form shall identify the type of industry, known or suspected
waste constituents and whether any wastes are RCRA hazardous wastes.
(Ord. No. 8118, § 1, 10-23-97)
Sec. 98-138. - Protection from damage.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which Is part of the sewer works. Any
person violating this section shall be guilty of a misdemeanor and fined in accordance with the penalty set
out in division 2 of this article.
Page 49
(Code 1967, § 34-55; Ord. No. 6191, § 5, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-139 - Confidential information, access to data.
Information and data provided to the city pursuant to this article that is effluent data shall be available
to the public without restriction. Any other information submitted may be claimed as confidential by the
submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the
application form or Instructions or, for other submissions, by stamping the works "confidential business
information" on each page containing such information. If no claim is made at the time of submission, the
city may make the information available to the public without further notice. If a claim is asserted, the city
will submit the information to the state attorney general and the submitter will be required to assert why
the Information should not be public. Unless the state attorney general's public information opinion is
timely appealed, the city and the submitter shall be bound by such opinion.
(Code 1967, § 34-61; Ord. No. 6191, § 11, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Secs. 98-140-98-165. - Reserved.
Page 50
Exhibit "B"
Harris County MUD 213-A
585.758 Acres
STATE OF TEXAS §
COUNTY OF HARRIS
Talcott Patching Survey, A- 620
A METES & BOUNDS description of a certain 585.758 acre tract of land situated in the Talcott Patching
Survey, Abstract No. 620, in Harris County, Texas, being all of the called 571.898 and 13.860 acres being
described in House Bill 3925 as Harris County MUD 213-A and filled under County Document Number 83R
8247 RWG-F; said 585.758 acre tract being more particularly described as follows with all bearings being
based on the Texas Coordinate System, South Central Zone, NAD 83;
BEGINNING at the northwest corner of said 571.898 acres, being located in the easterly right-of-way line of
Haney Road (a 70 foot right-of-way);
THENCE, North 77 Degrees 35 Minutes 59 Seconds East, with the northerly line of said 571.898 acres, a
distance of 4420.01 feet to a point in the westerly right-of-way line of Garth Road (right-of-way varies) and
being the northeast corner of said 571.898 acres;
THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with the easterly line of said 571.898 acres, common
with said westerly right-of-way line, a distance of 4640.76 feet to a point for corner;
THENCE, South 79 Degrees 05 Minutes 54 Seconds West, departing said common line, a distance of 1002.24
feet to a point for corner;
THENCE, South 00 Degrees 47 Minutes 54 Seconds West, a distance of 700.00 feet to a point for corner;
THENCE, South 89 Degrees 12 Minutes 07 Seconds East, a distance of 1168.47 feet to a point in the westerly
line of said 571.898 acres;
THENCE, South 10 Degrees 54 Minutes 06 Seconds East, with said westerly line, a distance of 2043.92 feet to
the southeast corner of said 571.898 acres;
THENCE, South 76 Degrees 45 Minutes 18 Seconds West, with the southerly line of said 571.898 acres, a
distance of 797.79 feet to a point for corner;
THENCE, North 10 Degrees 41 Minutes 11 Seconds West, departing said southerly line, a distance of 18.57
feet to a point in the northerly right-of-way line of Wallisville Road (right-of-way varies);
THENCE, North 77 Degrees 08 Minutes 13 Seconds East, with said northerly right-of-way line, a distance of
772.43 feet to a point for corner;
THENCE, North 33 Degrees 09 Minutes 33 Seconds East, a distance of 21.59 feet to a point in the westerly
right-of-way line of said Garth Road;
THENCE, North 10 Degrees 54 Minutes 06 Seconds West, with said westerly right-of-way line, a distance of
1870.53 feet to a point for corner;
Page 1 of 2
K:\05687\05687-0009-00 FDC - 519 Acre Baytown Tract\1 surveying Phase\Documents Created\HCMUD 213-A MB R3.doc
Harris County MUD 213-A Talcott Patching Survey, A- 620
585.758 Acres
THENCE, South 82 Degrees 25 Minutes 21 Seconds West, departing said westerly right-of-way line, a distance
of 32.30 feet to a point for corner;
THENCE, North 89 Degrees 11 Minutes 45 Seconds West, a distance of 2147.85 feet to a point for corner;
THENCE, South 76 Degrees 25 Minutes 12 Seconds West, a distance of 505.26 feet to a point for corner;
THENCE, South 63 Degrees 02 Minutes 54 Seconds West, a distance of 27.05 feet to a point for corner,;
THENCE, South 26 Degrees 57 Minutes 06 Seconds East, a distance of 2483.11 feet to a point in the northerly
right-of-way line of said Wallisville Road;
THENCE, South 86 Degrees 59 Minutes 24 Seconds West, with said northerly right-of-way line, a distance of
2070.93 feet to a point in the easterly right-of-way line of said Haney Road;
THENCE, North 12 Degrees 55 Minutes 36 Seconds West, with said easterly right-of-way line, a distance of
6843.50 feet to the beginning of a curve to the left;
THENCE, with said easterly right-of-way line and curve turning to the left, having a radius of 919.82 feet, a
chord bearing of North 27 Degrees 42 Minutes 24 Seconds West, a chord length of 469.30 feet and an arc
length of 474.55 feet to the POINT OF BEGINNING, CONTAINING 585.758 acres of land in Harris County,
Texas, as shown on Drawing No. 11216F in the office of Jones I Carter in Bellaire, Texas.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests
implied or established by the creation or reconfiguration of the political subdivision for which it was
prepared.
Acting By/Through Jeromy Alvin Chandler
Registered Professional Land Surveyor
No. 5755
JChandler@jonescarter.com
Jones I Carter
6330 West Loop South, Suite 150
Bellaire, Texas 77401
(713) 777-5337
Texas Board of Professional Land Surveying
Registration No. 1004610
bibil ii AWN CHANOLO
..........................
q 5755 ..
CS G�rIC�
s u R'4 C
Page 2 of 2
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HARRIS COUNTY MUNICIPAL
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Exhibit " C"
CERTIFICATE FOR ORDER ADOPTING CONSOLIDATED RATE ORDER AND RULES AND REGULATIONS;
ADOPTING A DROUGHT CONTINGENCY PLAN; ESTABLISHING A WASTEWATER CONTROL ORDER;
ESTABLISHING CERTAIN OTHER POLICIES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF
THE STATE OF TEXAS
COUNTY OF HARRIS
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
We, the undersigned officers of the Board of Directors (the "Board") of Harris County Municipal Utility District
No. 213-A (the "District"), hereby certify as follows: 1 The Board convened in S session, open to the public, on J 19, 2019, at an established
meeting place thereof, and the roll was called of the members of the Board, to -wit
James Coursey - President
Meredith Schaeffer Vice President
W. Fritz Maxwell Secretary
Benno L. Dunn Asst. Secretary
Jacob Saour Asst. Secretary
All members of the Board were present, except at*/ , thus
constituting a quorum. Whereupon, among other business, the following was transacted M such meeting
ORDER ADOPTING CONSOLIDATED RATE ORDER AND RULES AND REGULATIONS; ADOPTING A
DROUGHT CONTINGENCY PLAN; ESTABLISHING A WASTEWATER CONTROL ORDER; ESTABLISHING
CERTAIN OTHER POLICIES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF
was duly introduced for the consideration of the Board. It was then duly moved and seconded that such Order be
adopted; and, after due discussion, such motion, carrying with it the adoption of said Order, prevailed and carried by
the following vote:
AYES _A _ NOES: AN.,
2 A true, full, and correct copy of the aforesaid Order adopted at the meeting described in the above
and foregoing paragraph is attached to and follows this Certificate; such Order has been duly recorded in said Board's
minutes of such meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Board's minutes
of such meeting pertaining to the adoption of such Order; the persons named in the above and foregoing paragraph
are the duly chosen, qualified, and acting officers and members of the Board as indicated therein; each of the officers
and members of the Board was duly and sufficiently notified officially and personally, in advance of the time, place, and
purpose of such meeting and that such Order would be introduced and considered for adoption at such meeting and
each of such officers and members consented, in advance, to the holding of such meeting for such purpose, such
meeting was open to the public, as required by law, and public notice of the time, place and purpose of such meeting
was given as required by V.T.C.A. Gov rnme t Code. Chapter 551, as amended
SIGNED AND SEALED this 2019.
V' Presiden , Bod Di ors
Secretary, of Directors
(SEAL)
015633.00000114833-5623-6690.v1
ORDER ADOPTING CONSOLIDATED RATE ORDER AND RULES AND REGULATIONS; ADOPTING A
DROUGHT CONTINGENCY PLAN; ESTABLISHING A WASTEWATER CONTROL ORDER; ESTABLISHING
CERTAIN OTHER POLICIES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF
THE STATE OF TEXAS
COUNTY OF HARRIS
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.213-A §
WHEREAS, the Board of Directors (the "Board") of Harris County Municipal Utility District No. 213-A (the
"District") has determined that it is in the best interest of the District to adopt an Order and Rules and Regulations
establishing the rates and conditions under which water and sanitary sewer service will be provided (the "Rate
Order"); and
IT IS, THEREFORE, ORDERED BY THE BOARD OF DIRECTORS OF HARRIS COUNTY MUNICIPAL
UTILITY DISTRICT NO. 213-A THAT:
ARTICLE I
DEFINITIONS
For the purpose of this Order, the following terms shall have the meaning set out hereafter:
A. "Commercial" - shall mean any structure used for business purposes including office buildings,
hotels, retail stores, warehouses, service stations, churches, schools, recreational centers and all other
establishments not generally considered as residential structures or defined herein as a residential structure.
B. "Customer" - shall mean any person, partnership, corporation, non-profit corporation, trust or other
legal entity served by the District's System with water and/or sewer services to a residence or business
establishment owned or occupied by such person, partnership, corporation, non-profit corporation, trust or
legal entity.
C. "Domestic Waste" - shall mean liquid -carried sanitary sewage discharge which is normally
discharged from residential food preparation and bathroom facilities.
D. "Esplanade Connection" - shall mean a water system connection serving public right-of-way or
other public common areas.
E. "High -Volume User"— shall mean a customer that uses a minimum of 400,000 gallons of water per
day determined by dividing the total consumption during the billing period by the number of days in the
billing period.
E. "Multi -family Residential Connection" - shall mean all multiplex, residential connections which are
served by a master meter, including apartments, motels, hotels and condominiums.
F. "Multi -family Units" - shall mean the individual dwelling units served through the Multi -family
Residential Connection's master meter and all individual dwelling units served by a master meter.
G. "Non-profit" - shall mean any structure located within the District that is operated by a non-profit
entity.
H. "Non-taxable" - shall mean any entity not subject to property taxation pursuant to the provisions of
the Texas Property Tax Code.
015633.000001\4833-5623-6690.vl
I. "Operator" - shall mean the person, company or corporation which is employed by or under
contract with the District to operate the District's water and sewer system, collect amounts owed to the
District for such services, report monthly to the District on the operations of the District's System and perform
any additional services set out in its contract with the District.
J. "Rules and Regulations" - shall mean the Rules and Regulations Governing Water and Sanitary
Sewer Facilities, Service Lines, and Connections attached to this Order as Appendix "A" and incorporated
herein for all purposes.
K. "Separate Connection" - shall mean each residential unit for occupancy by a separate family,
including each separate unit located within a single multi -unit building, and each commercial unit used by a
separate business, including separate establishments within a single building.
L "Single-family Residential" - shall mean any single- family structure within the District designed for
occupation as a residence whether by the owner or by a renter or lessee, including any single-family
residence, townhouse, multiplex, apartment building, or other structure generally considered to be and used
solely for residential purposes and which is separately metered.
M. "System" - shall mean the water and/or sanitary sewer facilities of the District and all extensions
and additions thereto, whether now in place or hereafter constructed.
N. "TCEW - shall mean the Texas Commission on Environmental Quality.
ARTICLE II
TAP FEES AND CONNECTION POLICY
Section 2.01. Initiation of Water and Sanitary Sewer Connections.
Each person desiring a water and sanitary sewer service connection to the District's System shall be
required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees
are paid. All service connections are subject to the provisions of the District's Rules and Regulations and all other
rules, regulations, and policies of the District.
Section 2.02. Policies Gov_erninAlnitial Connections.
A. Certification of System.
Connections shall not be made to the District's System or portions of the System until the District's engineer
has certified that the System or applicable portion thereof is operable.
B. Avallabilty of Access/Obstructions.
By application for connection to the District's System, the Customer shall be deemed to be granting to the
District and its representatives a right of ingress and egress to and from the meter or point of service for
such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary.
The Customer shall also be deemed to be granting to the District and its representatives a right of ingress
and egress to the Customer's property, including the interior and exterior of the Customer's premises, for the
purpose of performing the inspections and completing the Customer Service Inspection Certifications
required by the District's Rules and Regulations. Taps and connections will not be made when, in the
opinion of the District's engineer or Operator, the work area is obstructed by building materials or other
debris or the work area is not completed or finished to grade. When sidewalks, driveways or other
improvements have been constructed prior to application for service, such application shall be construed
and accepted as the Customer's waiver of a claim for any damages to such improvements resulting from the
reasonable actions of the District's Operator in installation of the connection.
Section 2.03. Connections by District Operator.
All connections to the District's sewer system shall be made in accordance with the Distrcrs Rules and
Regulations. No person except the District's Operator or his authorized agent shall be permitted to tap or make any
connection to the mains or distribution piping of the District's water system, except for emergency fire -fighting
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0 1 5633.000001\4833-5623-6690.vl
purposes, or make any repairs or additions to or alterations in any meter, box, tap, pipe, cock or other fixture
connected with the water service or any manhole, main, trunk or appurtenance of the District's sanitary sewer system,
unless otherwise specified by the Board of Directors of the District.
Section_2.04. Inspections and Fees
A. Sewer Inspection and Fees.
Sewer connections and service lines shall be inspected by the District's Operator for compliance with the
Rules and Regulations. An inspection fee of $75.00 shall be charged for all residential connections. The
charge for non-residential connections including Multi -Family Residential Connections and Commercial
connections shall be the actual cost to the District plus ten percent (10%) but, not less than $75.00.
Installations which fail to conform at any time to the Rules and Regulations shall be disconnected. Any
Customer whose connection is disconnected for such failure shall be notified as to the basis for such
disconnection. After noted deficiencies have been corrected, a reinspection shall be made upon payment to
the District of a reinspection fee of $100.00. If subsequent re -inspections are required before the sewer
connection and service lines are in compliance with the Rules and Regulations, a reinspection fee of
$100.00 shall be charged for each such reinspection.
B. Customer Service Inspection Fees.
If the District's Operator performs the inspection for a residential connection and completes the Customer
Service Inspection Certification required by Article III of the Rules and Regulations, the District shall charge
the Customer a fee of $80.00 to cover the costs of such inspection and certification. The charge for
commercial connections shall be the actual cost to the District plus ten per cent (10%), but not less than
$80.00.
C. Inspections and Fees Applicable to Builders and Others Makina Improvements and Startina
Construction
Any person or entity proposing to make improvements or start construction on property within the District
must notify the District's Operator prior to commencing any improvement or construction if such
improvement, construction, or equipment used in the construction will be within easements, rights -of -way or
property where District facilities are located. The District's Operator shall conduct an inspection prior to the
commencement of construction to verify the condition of the District's facilities A fee of $50.00 shall be
charged for such pre -construction inspection. The District's Operator shall conduct another inspection after
completion of construction to again verify the condition of the District's facilities. A fee of $50.00 shall be
charged for such post -construction inspection. The pre -construction inspection charge and the post -
construction inspection charge shall be collected at the time the tap fee is paid.
If the Operator finds that the facilities have been damaged as a result of the construction, the builder or other
responsible party must reimburse the District for the costs of the repair before the District will initiate
permanent service to the affected property.
D. Inspection of Yard and Other Drains.
Yard and roof drains shall be inspected for strict compliance with the District's Rules and Regulations. No
yard drains or roof drains shall be connected to the District's sanitary sewer system. An inspection fee of
$50.00 shall be charged for each residential and commercial inspection. Installations which fail to conform
to said Rules and Regulations will be disconnected. Any customer whose connection is disconnected for
such failure shall be notified in writing as to the basis for such disconnection. After noted deficiencies have
been corrected, a reinspection shall be made upon payment to the District of a reinspection fee of $60.00. If
subsequent re -inspections are required before the connection is found in compliance with the District's Rules
and Regulations, a reinspection fee of $25.00 shall be charged for each such reinspection.
E. Grease Trap Inspections.
Commercial users shall install a sampling well constructed to City of Baytown standards and a grease trap
with sampling port constructed to City of Baytown standards when required by the District's Engineer and
Operator. Each customer requiring a grease trap shall: (1) install such grease trap in accordance with City
of Baytown standards and approved by the District's Operator and Engineer, at the sole expense of the
customer; (2) provide the District, prior to receiving service, with a copy of an effective and continuing
015633.000001\4833-5623-6690.vl
contract between the customer and a licensed hauler, said contract to be for regular routine pumping and
disposal; and (3) provide the District's Operator with a copy of a haulers manifest to evidence regular
pumping and disposal within ten (10) days after receipt by the customer. In addition, no less often than once
per month, the District's Operator shall inspect the grease trap, the cost of which inspection shall be $70.00
and shall be billed to the customer. In the event the customer fails to have the grease trap cleaned on a
timely basis, following ten (10) days written notice, the District shall be authorized to clean the customer's
grease trap and such cost shall be billed to customer with the next monthly water bill. Failure to pay any
charges described in this Section 2.04(E) shall result in the termination of water service in accordance with
Article IV of this Rate Order.
Section 2.05. Builder's Deposit.
[NIA]
Section 2.06. Temporary Water Service.
A. Temporary Connections.
The District's Operator shall be authorized to make a temporary connection to any fire hydrant or flushing
valve upon request for temporary water service. All temporary service shall be metered and billed to the
temporary Customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire
hydrants, or other appurtenances of the District's System without prior approval of the District, except for
emergency fire -fighting purposes, is prohibited.
B. Application and Deposit.
Each temporary Customer desiring temporary water service shall be required to execute an application for
such temporary service and shall provide a security deposit of $500.00. The deposit shall be made by
cashier's check or money order payable to the District. The deposit shall be used by the District to secure
the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any
damages caused by the temporary Customer. The balance of the security deposit, if any, shall be refunded
after disconnection from the District's System.
C. Fees and Rates
Each temporary Customer will be charged the cost to install the meter plus ten percent (10%), but in no
event less than $50.00. The following rates for the sale of water for each temporary water service
connection shall be in effect from the effective date hereof until such time as the Board amends said rates:
Gallons Used Rate
0 - 8,000 gallons $1.50 per each 1,000 gallons
8,001 gallons & above $2.00 per each 1,000 gallons
Section 2.07. Service to Out -of -District Customers
All requests for water and sewer service from parties located outside the boundaries of the District shall be
considered on a case by case basis and governed by separate agreement, except as provided below:
Section 2.00. Non -Profit and Charitable Organizations.
All political subdivisions (including public schools) and 501(c)(3) organizations
Water Rates
$1.25 per each 1,000 gallons
Sewer Rates
$1.25 per each 1,000 gallons
015633.000001\4833-5623-6690.vl
Section 2.09. Taps to the District's System.
The following charges for the tap of water lines and sewer lines shall be in effect within the District from and
after the effective date hereof until amended by the Board of the District:
a. Residential taps: 3/4"
$550 for both water and sewer
1"
$850 for both water and sewer
1 5"
cost to the District plus $300.00
2 0"
cost to the District plus $300.00
b Commercial Cost to the District plus 200%
c Non-taxable:
the actual cost to the District, including the costs of all facilities
necessary to provide District services to such non-taxable entity
where such facilities are financed or to be financed by tax -
supported bonds of the District
d. Residential Irrigation Taps:
Cost to the District
e. Non-profit Irrigation Taps:
Cost to the District
f. Commercial Irrigation Taps:
Cost to the District plus 200%
Section 2.10. Title to Facilitles.
Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie
in the District.
ARTICLE III
SERVICE RATES
Section 3,01. Water Service Rates.
The following monthly rates for the sale of water shall be in effect for each Separate Connection within the
District from the effective date hereof until such time as the Board of Directors amends said rates:
TYPE OF
CONNECTION
GALLONS USED
RATE
Residential, Builder
Base Fee
$20.00
and Residential Irrigation
0 - 2,000 gallons
$2.96 per each 1,000 gallons
2,001 - 6,000 gallons
$6.44 per each 1,000 gallons
6,001-12,000 gal
$7.72 per each 1,000 gallons.
12,001 - 18,000 gal.
$10.05 per each 1,000 gallons
over 18,000 gallons
$13.06 per each 1,000 gallons
Multi -Family (individually
Base Fee
$20.00
metered)
0 - 2,000 gallons
$2.96 per each 1,000 gallons
2,001 - 6,000 gallons
$6.44 per each 1,000 gallons
6,001-12,000 gal
$7.72 per each 1,000 gallons.
12,001 - 18,000 gal.
$10.05 per each 1,000 gallons
over 18,000 gallons
$13.06 per each 1,000 gallons
Mufti -Family (master meter) Base Fee $20.00 per unit based on 100% occupancy
0 - 2,000 gallons $2.99 per each 1,000 gallons per unit based
on 100% occupancy
over 2,000 gallons $6.47 per each 1,000 gallons per unit based
on 100% occupancy
015633.000001\4833-5623-6690.v1
Nonresidential Base Customer Charge $4.16 per bill issued
Base Facility Fee per meter by size:
5/8" x 3/4"
$8.66
3/4"
$13.01
1 "
$21.65
1-1/2"
$43.32
2"
$69.30
3"
$138.59
4"
$216.56
6"
$433.09
6"
$692.94
10"
$996.13
All use
$6.44 per each 1,000 gallons
High -Volume User Base Customer Charge
$4.16 per bill issued
Base Facility Fee per meter by size:
5/8" x 3/4"
$8.66
3/4"
$13.01
1"
$21.65
1-1/2"
$43.32
2"
$69.30
3"
$138.59
4"
$216.56
6"
$433.09
8"
$692.94
10"
$996.13
All use
$4.75 per each 1,000 gallons
Metered Irrigation Service Base Customer Charge
$4.16 per bill issued
Base Facility Fee per meter by size:
5/8" x 3/4"
$8.66
3/4"
$13.01
1"
$21.65
1-1/2
$43.32
2"
$69.30
3"
$138.59
4"
$216.56
6"
$433.09
8"
$692.94
10"
$996.13
5/8"x3/4" Meter 0 - 6,000 gallons
6,001 - 12,000 gallons
12,001-18,000 gallons
18,001 gallons & above
3/4" Meter 0 - 9,000 gallons
9,001 - 18,000 gallons
18,001 - 27,000 gallons
27,001 gallons & above
1" Meter 0 - 15,000 gallons
15,001 - 30,000 gallons
30,001 - 45,000 gallons
6
015633.000001\4833-5623-6690.v1
$5.60 per each 1,000 gallons
$7.72 per each 1,000 gallons
$8.74 per each 1,000 gallons
$13.06 per each 1,000 gallons
$5.60 per each 1,000 gallons
$7.72 per each 1,000 gallons
$8.74 per each 1,000 gallons
$13.06 per each 1,000 gallons
$5.60 per each 1,000 gallons
$7.72 per each 1,000 gallons
$8.74 per each 1,000 gallons
45,001 gallons & above $13.06 per each 1,000 gallons
1-1/2" Meter
0 - 30,000 gallons
$5.60 per each 1,000 gallons
30,001 - 60,000 gallons
$7.72 per each 1,000 gallons
60,001 - 90,000 gallons
$8.74 per each 1,000 gallons
90,001 gallons & above
$13.06 per each 1,000 gallons
2" Meter
0 - 48,000 gallons
$5.60 per each 1,000 gallons
48,001 - 96,000 gallons
$7.72 per each 1,000 gallons
96,001-144,000 gallons
$8.74 per each 1,000 gallons
144,001 gallons & above
$13.06 per each 1,000 gallons
3" Meter
0 - 96,000 gallons
$5.60 per each 1,000 gallons
96,001-192,000 gallons
$7 72 per each 1,000 gallons
192,001 - 288,000 gallons
$8.74 per each 1,000 gallons
288,001 gallons & above
$13.06 per each 1,000 gallons
4" Meter
0 - 150,000 gallons
$5.60 per each 1,000 gallons
150,001 - 300,000 gallons
$7.72 per each 1,000 gallons
300,001 - 450,000 gallons
$8.74 per each 1,000 gallons
450,001 gallons & above
$13.06 per each 1,000 gallons
6" Meter
0 - 300,000 gallons
$5.60 per each 1,000 gallons
300,001 - 600,000 gallons
$7.72 per each 1,000 gallons
600,001 - 900,000 gallons
$8.74 per each 1,000 gallons
900,001 gallons & above
$13.06 per each 1,000 gallons
8" Meter
0 - 480,000 gallons
$5.60 per each 1,000 gallons
480,001 - 960,000 gallons
$7.72 per each 1,000 gallons
960,001-1,440,000 gallons
$8.74 per each 1,000 gallons
1,440,001 gallons & above
$13.06 per each 1,000 gallons
10" Meter
0 - 690,000 gallons
$5.60 per each 1,000 gallons
690,001-1,380,000 gallons
$7.72 per each 1,000 gallons
1,380.001 - 2,070,000 gallons
$8.74 per each 1,000 gallons
2,070,001 gallons & above
$13.06 per each 1,000 gallons
Non -Profit Irrigation Billed at current City of Baytown water rate for non-profit irrigation
Non -Profit Building Billed at current City of Baytown water rate for non-profit building
In the case of a Dual Use Structure (i.e. a residential structure used for both residential and commercial
purposes) the rate for water service shall be the rate established for a Commercial Connection.
SECTION 3.02. SEWER SERVICE RATES.
The following monthly rates for the collection and disposal of sewage shall be in effect for each Separate
Connection within the District from the effective date hereof until such time as the Board of Directors amends said
rates:
TYPE OF
CONNECTION
Residential, Builder
and Residential Irrigation
Multi -Family (individually
metered)
GALLONS USED
015633.000001\4833-5623-6690.v1
Base Fee
0 - 2,000 gallons
2,001 - 12,000 gallons
over 12,000 gallons
Base Fee
0 - 2,000 gallons
2,001 - 12,000 gallons
7
RATE
$20.00
$2.99 per each 1,000 gallons
$6.47 per each 1,000 gallons
No charge
$20.00
$2.99 per each 1,000 gallons
$6.47 per each 1,000 gallons
over 12,000 gallons No charge
Multi -Family (master meter) Base Fee $20.00 per unit based on 100% occupancy
0 - 2,000 gallons $2.99 per each 1,000 gallons per unit based
on 100% occupancy
over 2,000 gallons $6.47 per each 1,000 gallons per unit based
on 100% occupancy
Nonresidential Base Customer Charge $4.16 per bill issued
Base Facility Fee per meter by size
5/8" x 3/4"
$8.66
3/4"
$13.01
1"
$21.65
1-1/2"
$43.32
2"
$69.30
3"
$138.59
4"
$216.56
6"
$433.09
8"
$692.94
10"
$996.13
All use
$6.47 per each 1,000 gallons
High Volume User Base Customer Charge
$4.16 per bill issued
Base Facility Fee per meter by size:
5/8" x 3/4"
$8.68
3/4"
$13.01
1"
$21.85
1-1/2"
$43.32
2"
$69.30
3"
$138.59
4"
$216.56
6"
$433.09
8"
$692.94
10"
$996.13
All use $4.80 per each 1,000 gallons
Non -Profit Building Billed at current City of Baytown water rate for non-profit building
In the case of a Dual Use Structure (i.e. a residential structure used for both residential and commercial
purposes) the rate for water service shall be the rate established for a Commercial Connection.
Section 3.03. Reaulatory Assessment.
Pursuant to Section 5.35 Texas Water Code, as amended, and 30 T.A.C. 291.76, the District shall pay by
January 31 of each year a regulatory assessment to the TCEQ the amount required by law based on the total
charges for retail water and sewer service collected from its retail customers in the prior twelve months.
At the end of each calendar year, the Operator shall prepare a written statement indicating the (i) the total
charges collected for retail water and sewer service for the year; and (ii) the regulatory assessment due and payable
to the TCEQ. The Operator shall deliver the written statement to the District's Bookkeeper for payment.
015633.000001\4833-5623-6690.vl
Sectio_n_3.04.. No Reduced Rates or Free Service
All Customers receiving water and/or sewer service from the District shall be subject to the provisions of this
Order and shall be charged the rates established in this Order, and no reduced rate or free service shall be furnished
to any Customer; provided, however, this provision shall not prohibit the District from establishing reasonable
classifications of customers for which rates differing from the rates stated herein may be adopted.
ARTICLE IV
SERVICE POLICY
Section 4.01. Application Fees/Security Deposits.
The following Application fees /security deposits shall be required as follows:
A. ADalication Fee.
Each Customer establishing a new account or transferring an existing account shall be charged a non-
refundable application fee of $55.00.
B. Residential DeDosi
Each residential Customer establishing a new account for single-family residential service shall be required
to make a security deposit equal to $100.00 and each renter/leasing customer shall be required to make a
security deposit equal to $200.00, provided, however, upon request from the Customer, the District will
include the deposit on the first water/sewer bill sent to Customer. If Customer fails to pay the deposit upon
billing by the District, then Customer's water service shall be terminated in accordance with Section 4.02
hereof.
C. Commercial/Multi-Familv Deposits.
Each customer establishing a Commercial or a Multi -Family account and each customer re-establishing a
Commercial or a Multi -Family account that has been terminated for non-payment, shall be required to make
a security deposit equal to one and one half (1-1/2) times the average monthly bill for that connection as
estimated by the District's Operator, provided, however, that in no event shall the deposit for a Commercial
or Multi -Family account be less than $150.00. In the case of a "strip center", each individually occupied
unit must be metered or at the request of the owner of the property one master meter may be approved at
the discretion of the Board. The District's operator will verify metering prior to establishing service. All
deposits will be posted by the customer prior to service being established. All unoccupied metered units will
be billed to the owner and the owner is responsible for such accounts. A "strip center" is defined to include
all commercial property, other than for residential use, which is subdivided and leased to individual firms or
persons which require utility services.
D. Full Payment Required.
Service shall be initiated upon payment of the security deposit and all other fees and charges.
E. Refund of Deposit.
Following payment of the final bill and payment of all fees and charges, the balance of the security deposit, if
any, shall be refunded by check mailed to the Customer. No interest shall be payable to the Customer on
any security deposit.
Section 4.02. Billing Procedures.
All accounts shall be billed in accordance with the following procedures:
A. Due Date and Delinquency.
Payment shall be due on or before the nineteenth (14th) day after the date of the bill due date shown on the
bill. After such date, a late charge of ten percent (10%) will be assessed on the unpaid balance on the water
and sewer bill. A customer who is delinquent in payment shall be sent a notice that his service will be
9
015633.000001\4833-5623-6690.v1
discontinued on the eleventh (14th) day after the date of such notice unless payment in full is received by
such day. If service is discontinued, it shall be reinstated only upon payment in full of all amounts due,
including any late charges, the security deposit set out in Section 4.01, and a disconnect charge of $40.00, a
reinstatement charge of $40.00, and a charge of $15.00 for the cost to the District to issue the delinquent
notice
B. Notice and Appeal.
Prior to termination of service, a Customer who is delinquent in payment shall be sent a notice that service
will be discontinued unless payment in full is received ("Notice"). Notice shall be sent by first class United
States mail and will provide the Customer with an opportunity to appear in person or by written
correspondence at a scheduled meeting of the Board of the District to contest, explain, or correct the
charges, services, or disconnection. The notice shall inform the Customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of the right to contest, explain, or
correct the charges, services, or disconnection. Notice shall also be placed by the Operator on the front
door of the address to which the service was provided, at least twenty-four (24) hours prior to the time at
which service shall be terminated. A charge of $30.00 shall be added to the customer's delinquent bill to
reimburse the District for the cost of mailing and posting such Notice. Service shall not be disconnected
where a Customer has informed the District or the District's Operator of his or her desire to contest or
explain his bill. If the Customer appears before the Board, in person or by written correspondence, the
Board shall hear and consider the matter and inform the Customer of the Board's determination by sending
written notice to the Customer by first class United States mail stating whether service will be continued or
disconnected. If service is discontinued, it shall be reinstated only upon payment in full of all amounts due,
including any late charges, the security deposit set out in Section 4.01, a disconnect charge of $40.00, a
reinstatement charge of $40.00 and a charge of $15.00 for the cost to the District to issue the delinquent
notice.
C. On-line payment option
Operator will make available to customers the option of paying for water and sanitary sewer services
provided by the District by on-line payment by credit card. A service fee of 5% shall be applied to each on-
line payment.
D. Returned Checks.
A $30.00 charge will be charged to the Customer's account for any check returned by the bank. Any
amounts due on an account which have been paid with a check that has been returned by the bank must be
paid in full by cash, cashier's check or money order, including all late charges and returned check charges,
within five (5) days from the day the Operator hangs a notice on the Customer's door or otherwise notifies
the Customer that the check has been returned by the bank.
Section 4,03. Policy for Issuing Credits on Water and Sewer Bills
From time to time a customer will have a water leak which goes undetected for a period of time which results
in an unusually high water bill. Accordingly, each residential customer is allowed a one-time adjustment in his/her
water bill if the unusually high water usage is the result of a problem on the customer's side of the meter. In making
the adjustment, the Operator will average the previous two month bills and charge the customer according to this
Rate Order.
Section 4.04. Entitlement
Customers are not guaranteed a specific quantity or pressure of water or specific capacity in sewer facilities
for any purpose whatsoever; furthermore, in no instance shall the District be liable for failure or refusal to furnish
water or any particular amount or pressure of water or to provide capacity in sewer facilities.
Section 4.05. Unauthorized and Extraordinary Waste
The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to
generate other types of waste will be assessed additional charges as established by the District.
10
015633.000001\4833-5623-6690.v1
Section 4.06. Request by Customer for Temporary Disconnection.
Whenever a customer of the District requires that water and sewer service be temporarily discontinued, he
shall notify the District's operator at least five (5) business days prior to the time he desires such service
discontinued. A charge of $40.00 shall be made for discontinuing and a charge of $40.00 shall be made for restoring
water service when such service is discontinued and restored at the request of the customer and he is not delinquent
in the payment of any bill at the time of either request.
Section 4.07. Damage to District Facilities.
A. Damage to Meter and Appurtenances.
No person other than a duly authorized agent of the District shall open a meter box, tamper with or in any
way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The
District reserves the right, immediately and without notice, to remove the meter or disconnect water service
to any Customer whose meter has been tampered with and to assess repair charges to the Customer, plus
a damage fee of $50.00.
B. Right to Repair.
The District reserves the right to repair any damage to the District's System and appurtenances without prior
notice and to assess against any Customer such penalties as are provided by law and such penalties
provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so
damaged.
ARTICLE V
ADOPTION OF RULES AND REGULATIONS CONCERNING
WATERWORKS AND SANITARY SEWER SYSTEM
To preserve the sanitary condition of all water controlled by the District, to prevent waste or the unauthorized
use of water controlled by the District, and to secure and maintain safe, sanitary and adequate plumbing installation,
connections and appurtenances, the Board of the District hereby adopts the Amended and Restated Rules and
Regulations Governing Water and Sanitary Sewer Facilities, Service Lines, and Connections attached hereto as
Appendix "A" and incorporated herein for all purposes.
ARTICLE VI
ENFORCEMENT/CIVIL PENALTIES
Section 6.01. Enforcement.
A. Civil Penalties.
The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator
shall pay the District twice the costs the District has sustained due to the violation up to $5,000. A penalty
under this Section is in addition to any other penalty provided by the laws of this State and may be enforced
by complaints filed in the appropriate court of jurisdiction in the County in which the District's principal office
or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action,
recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before
the court. The amount of the attorneys' fees shall be fixed by the court.
B. Liability for Costs.
Any person violating any of the provisions of this Order and/or the Rules and Regulations Governing Water
and Sanitary Sewer Facilities, Service Lines, and Connections shall become liable to the District for any
expense, loss or damage occasioned by the District by reason of such violation, and enforcement thereof
shall be in accordance with Section 6.01(A) of this Order and Article X of the Rules and Regulations.
Section 6.02. Non -waiver.
tl
01 5633.000001\4833-5623-6690.v 1
The failure on the pan: of the District to enforce any section, clause, sentence, or provision of this Order shall
not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this
Order.
Section 6.03. Appeal.
Any determination by the District's Operator or the District's engineer or any authorized agent of the District
of any dispute regarding the terms and provisions of this Order may be appealed to the Board of the District, which
shall conduct a hearing on the matter. The District's Operator and/or attorney shall provide the Customer with
information regarding appeals and hearing procedures upon the Customer's request.
ARTICLE VII
SOLID WASTE FOR RESIDENTIAL CUSTOMERS
The District may contract with an independent contractor to provide for solid waste and trash collection for
residential Customers within the District. If the Board of the District determines that it is in the best interest of the
District to contract for solid waste and trash collection, the fee for such service, as established by contract, shall be
included on the water and sewer service bill. Failure to pay the solid waste and trash collection service on or before
the due date indicated on the water and sewer service bill shall result in the assessment of a 10% penalty on the
unpaid balance of the bill for solid waste and trash collection as well as termination of service under the provisions of
Article IV this Order.
ARTICLE Vill
RULES AND REGULATION CONCERNING
DOMESTIC AND COMMERCIAL WASTES
The Board of the District hereby adopts the Rules and Regulations Concerning Domestic and Commercial
Wastes, attached hereto as Appendix "C" and incorporated herein for all purposes
ARTICLE IX
DROUGHT CONTINGENCY PLAN
The Board of the District hereby adopts the Water Conservation and/or Emergency and/or Drought
Contingency Plan, attached hereto as Appendix "B" and incorporated herein for all purposes.
ARTICLE X
MISCELLANEOUS
Section 11.01. Amendments.
The Board of the District has and specifically reserves the right to change, alter or amend any rate or
provision of this Order at any time.
Section 11.02. Severability.
The provisions of this Order are severable, and if any provision or part of this Order or the application
thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order
shall not be affected thereby.
Section 11.03. Headings.
The section and paragraph headings used herein are for reference only and are not to be construed as part
of the text of the section or paragraph.
ARTICLE XI
REPEAL OF PREVIOUS ORDERS
All previous orders adopted by the Board of Directors pertaining to the subject matter hereof are each
hereby repealed in their entirety as of the effective date hereof.
12
015633.000001\4833-5623-6690.vl
This Order shall be effective April 29, 2019.
The President or Vice President is authorized to execute and the Secretary or any Assistant Secretary is
authorized to attest this Order on behalf of the Board and to do all things necessary and proper to carry out the purpose
and intent hereof.
PASSED, ADOPTED, ORDERED and APPROVED this April 29, 2019.
ATTEST:
Vt President, Boar Dire rs
Secretary, d of Directors
13
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LIST OF APPENDICES AND EXHIBIT
APPENDIX "A" -
Rules and Regulations Governing Water and Sanitary Sewer Facilities, Service Lines, and
Connections
Exhibit 1-
Plumber's Certificate
Exhibit 2-
Service Inspection Certification
Exhibit 3-
Backlog Prevention Assembly Test and Maintenance Report
Exhibit 4-
Application for Service
Exhibit 5-
Sanitary Sewer Inspection Form
APPENDIX "B" -
Drought Contingency Plan
APPENDIX "C"
Rules and Regulations Concerning Domestic and Commercial Waste
14
015633.000001\4833-5623-6690.v1
APPENDIX A
RULES AND REGULATIONS
GOVERNING WATER AND SANITARY SEWER FACILITIES,
SERVICE LINES, AND CONNECTIONS
THE STATE OF TEXAS
COUNTY OF HARRIS
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 213-A
ARTICLE I.
PURPOSE
The following Rules and Regulations Governing Water and Sanitary Sewer Facilities, Service Lines, and
Connections (the "Rules and Regulations") shall govern the design, installation and inspection of all connections and
taps made to the District's water distribution system and sanitary sewer collection system, the limitations of the flow of
waste into the sanitary sewer system, protection of all facilities which are part of the District's waterworks and sanitary
sewer system, and the enforcement of these Rules and Regulations.
ARTICLE 11.
GENERAL
Sect on 2.01. Definitions.
1. Customer is any person, partnership, corporation, non-profit corporation, trust or other legal entity served
by the District with water and/or sewer services to a residence or business establishment.
2. District is Harris County Municipal Utility District No. 213-A, a political subdivision of the State of Texas
3. Engineer is the person, company or corporation which is under contract with the District to design the
District's Water Supply System and Sanitary Sewer Collection System and performs any additional services as set
forth in the contract with the District
4. High Health Hazard is a cross -connection, potential cross -connection, or any other situation involving any
substance that can cause death, illness, spread of disease, or that has a high possibility of causing such effects if
introduced into the District's Water Supply System.
5. O erator is the person, company or corporation which is under contract with the District to operate the
District's Water Supply System and Sanitary Sewer Collection System, collect amounts owed to the District for such
services, report monthly to the District on the operations of the District's Water Supply System and Sanitary Sewer
Collection System and perform any additional services as set forth in the contract with the District.
6. Rate Order shall mean the District's Order Adopting Consolidated Rate Order and Rules and
Regulations; Establishing Policy Regulating Water Use During Emergencies; Establishing a Wastewater Control
Order; and Providing Penalties for Violation Thereof which may be amended from time to time.
7. Sanitary Sewer Collection System constitutes the underground sanitary sewer lines owned or leased and
operated by the District. This system is composed of all interconnecting laterals, mains, and trunk lines with
manholes, clean -outs, stacks, tees, and wyes located within the publicly dedicated utility easements owned or leased
and operated by the District. This system is maintained by the District.
8. Sanitary Sewer Service Line is any line from a residential dwelling or commercial building which connects
with the District's Sanitary Sewer Collection System, including any grease traps or other facilities constructed to
prevent non -domestic waste from being introduced into the District's Sanitary Sewer Collection System. This service
line is owned and maintained by the property owner of the residential dwelling or commercial building
01 5633.000001\4833-5623-6690.v I
9. Sewer Tao is the physical connection between the Sanitary Sewer Service Line and the District's
Sanitary Sewer Collection System.
10. Sewer Tao Inspection is the inspection performed by the District's Operator to assure that the proper
materials and connections to the Sanitary Sewer Collection System have been accomplished in accordance with
these Rules and Regulations.
11. State Approved Plumbing Code is a set of rules governing plumbing practices which are at least as
stringent and comprehensive as one of the following nationally recognized codes:
a. Southern Standard Plumbing Code.
b. Uniform Plumbing Code.
C. National Standard Plumbing Code.
12. Tap Fee is the fee paid to the District to obtain a water meter and sewer inspection for any connection.
The amount of the Tap Fee shall be established in the District's Rate Order and may be modified or changed at any
time.
13. Utility Easement is an interest in land, granted by dedication, to public utility entities, including the
District, to install and maintain utilities across, over, or under private land together with the right to enter thereon with
machinery, other vehicles and personnel necessary for the maintenance, repair or construction of said utilities.
14. Water Supply System is composed of all water lines, valves, valve boxes, flushing valves, blowoff
valves, water meters, water meter service lines, and meter boxes located within public rights -of -way or easements
owned or leased and operated by the District. This system is maintained by the District.
15. Water Meter is the recording device that registers the amounts of water consumed by each Customer of
the District. This meter is owned and maintained by the District.
16. Water Servicg. Line is any line from a residential dwelling or commercial building, which connects to the
District's Water Supply System. This service line is owned and maintained by the property owner of the residential
dwelling or commercial structure.
17. Water Tap is the physical connection of any Water Service Line to the District's Water Supply System.
Such connection will be made only by the District's Operator.
Section 2.02. Platting Reouirement.
No connection shall be made to the District's Water Supply System or Sanitary Sewer Collection System
unless the tract, parcel, or lot of land to be served by such connection:
1. was first connected to the District's Water Supply System or Sanitary Sewer Collection System prior to
September 1, 1987, or
2. is part of an area covered by a development plat duly approved and recorded pursuant to Sections
212.0115 and 212.012 of the Local Government Code, as amended, or
3. is not required to be platted and written certification to that effect, in accordance with Section 212.0115(e)
of the Local Government Code, has been presented to the District's Operator.
Section 2 03. Approval of Plans and Specifications.
Prior to any non-residential connection to the District's Water Supply System or the Sanitary Sewer
Collection System, the plans and specifications for the Sanitary Sewer Service Line and the Water Service Line must
be submitted the District's Engineer for review and approval. Upon the Engineer's review and approval, the plans
and specifications shall then be submitted to the District's Operator for review and approval. The cost of the review
and approval of the plans and specification by the District's Engineer and Operator shall be paid by the Customer.
015633.000001\4833-5623-6690.v t
ARTICLE III,
WA1EBLQNfyECT1ONS
Section 3.01 Water Tap Materials. Only the following types of pipe and fitting materials shall be approved
for the installation of Water Taps, including residential Water Taps and commercial Water Taps.
1. Any meter approved by the City of Baytown;
2. Brass curb stops, curb stops, and related fittings manufactured by Ford, Hays or Muller;
3. Polyethylene water service pipe, 3/4" to 2';
4. Cast iron or vinyl iron (C-900) water service pipe, larger than 2";
5. Water main pipe of the type originally installed;
6. Plastic meter box up to 2" meter;
7. Concrete meter box, where traffic use is specified; and
8. Concrete meter vault per City of Baytown specifications for 3" and larger meter.
Section 3.02. Plumbing Matenal Prohibitions.
A. Prohibited Materials.
The use of the following materials are prohibited for the installation and repair of the District's Water Supply
System and for the installation and repair of any private plumbing facilities:
1. any pipe or pipe fitting which contains more than 0.25% lead; and
2. any solder or flux which contains more than 0.2% lead.
This prohibition may be waived for lead joints that are necessary for repairs to cast iron pipe
B. Certificate of Compliance.
No new connections to the District's Water Supply System shall be made unless a state licensed plumber
first submits in writing to the District a Certificate of Compliance, as set forth in Exhibit "'I" attached hereto, specifying
that the new connection complies with the plumbing material prohibition contained in Section 3.02(A) hereof. The
Certificate of Compliance shall be signed by the licensed plumber and must be submitted to the District's Operator
prior to continuous service being supplied. The District shall not accept any Tap Fee that is not accompanied by a
Certificate of Compliance.
Section 3.03. Installation.
1 An Application for Service, a copy of which is attached hereto as Exhibit "5," must be filed with the
District's Operator. The Customer must pay to the District's Operator all Tap Fees, inspection fees
and deposits, as described in the District's Rate Order.
2 All Water Taps to the District's Water Supply System shall be installed gLnly by the District's
Operator.
3 The District's Operator shall install Water Taps and set meters at a location on adjoining property
lines, whenever possible, with the meter box being located in the easement adjacent to the
property line and with two (2) meters per box, where appropriate.
4. The District's Operator shall be responsible for all repairs to the Water Taps.
015633.000001\4833-5623-6690.v1
After installation of the Water Tap, connection of the Water Service Line shall be made at the
expense of the Customer. (Note: This line shall be tested for leaks since all water recorded
through the meter will be charged to the Customer).
After connection to the District's Water Supply System, the Water Service Line should be
thoroughly flushed as to prevent foreign matter from entering the household system.
Section 3.04. Customer Service Inspection Certifications.
A. A Customer Service Inspection Certification, as described in Exhibit "2" attached hereto, shall be
completed prior to providing continuous water service to any new construction, on any existing service
where the District has reason to believe that cross -connections or other unacceptable plumbing practices
exist, and after any material improvement, correction, or addition to private plumbing facilities. Prior to the
District initiating continuous service, a Customer shall provide a Customer Service Inspection Certification to
the District. The Customer Service Inspection Certification may only be performed by those individuals
described in Subsection B of this Section 3.04. For Customer Service Inspection Certifications performed by
the District's Operator, the Customer must pay the District the Customer Service Inspection Fee prior to the
Operator performing the inspection and certification. Copies of properly completed Customer Service
Inspection Certifications shall be kept on file by the District's Operator and made available, upon request, for
Texas Commission on Environmental Quality ("TCEQ") review. Inspection certifications shall be retained for
a minimum of ten (10) years. Failure to provide a Customer Service Inspection Certification in accordance
with this Section 3.04 shall constitute a violation of these Rules and Regulations and such violation shall be
subject to the enforcement provisions set forth in Article X hereof.
B. Individuals with the following credentials shall be recognized as capable of conducting a Customer
Service Inspection Certification:
1. Plumbing Inspectors and Water Supply Protection Specialists licensed by the Texas State
Board of Plumbing Examiners; and
2. Certified Waterworks Operators and members of other water related professional groups who
have completed a training course, passed an examination administered by the TCEQ or its
designated agent, and hold an endorsement granted by the TCEQ or its designated agent.
C. Private plumbing facilities in violation of Article III hereof shall constitute an unacceptable plumbing
practice and violation of these Rules and Regulations. If an unacceptable plumbing practice is discovered,
the Customer shall eliminate the unacceptable plumbing practice within thirty (30) days from the date of
discovery to prevent possible contamination of the District's Water Supply System. The existence of a
serious threat to the integrity of the District's Water Supply System shall be considered sufficient grounds for
immediate termination of water service. Service can be restored only when the source of potential
contamination no longer exists, or when sufficient additional safeguards have been taken, and a Customer
Service Inspection Certification confirming correction of unacceptable plumbing practices has been
submitted to the District.
D. The Customer Service Inspection Certification shall certify that:
1. No direct connection between the District's Water Supply System and a potential source of
contamination exists. Potential sources of contamination are isolated from the District's Water
Supply System by an air gap or an appropriate backfiow prevention assembly in accordance with
state plumbing regulations. Additionally, all pressure relief valves and thermal expansion devices
are in compliance with state plumbing regulations
2. No cross -connection between the District's Water Supply System and a private water source
exists. Where an actual air gap is not maintained between the District's Water Supply System and
a private water supply, an approved reduced pressure -zone backflow prevention assembly is
properly installed and a service agreement exists for annual inspection and testing by a recognized
backfiow prevention assembly tester.
3. No connection exists which would allow the return of water used for condensing, cooling or
industrial processes back to the District's Water Supply System.
015633.000001\4833-5623-6690.v1
4. No pipe or pipe fitting which contains more than 0.25% lead exists in private plumbing facilities
installed on or after July 1, 2015.
5. No solder or flux which contains more than 0.2% lead exists in private plumbing facilities
installed on or after July 1, 1988.
6. No new or replacement plumbing fixture is installed which is not in compliance with a State
Approved Plumbing Code.
Sera ion 3.05. Prohibited Connectio
A. No water connection from the District's Water Supply System shall be made to any establishment where
an actual or potential contamination or system hazard exists without an air gap separation between the
drinking water supply and the source of potential contamination. Where a containment air gap is impractical,
individual "internal" air gaps or mechanical backflow prevention devices shall be required at the meter in the
form of a backflow prevention device (in accordance with AWWA Standards C510 and C511 and AWWA
Manual M14) on those establishments handling substances deleterious or hazardous to the public health-
B. No water connection from the District's Water Supply System shall be made to any condensing, cooling,
or industrial process or any other system of non -potable usage over which the District does not have
sanitary control, unless the said connection is made in accordance with the requirements of paragraph (A) of
this section Water from such systems cannot be returned to the District's Water Supply System.
C. Overhead bulk water dispensing stations must be provided with an air gap between the filling outlet hose
and the receiving tank to protect against back siphonage and cross -contamination.
Section 3.06. Backflow Prgvention..Assemblies.
A. Backflow prevention assemblies shall be installed on any connection which poses a High Health Hazard
and any other connection which the District or the District's Operator reasonably believes poses a threat to
the District's Water Supply System. Water service provided for lawn sprinklers, swimming pool supply,
reflection pool supply or other such applications must incorporate a backflow prevention assembly in
accordance with a State Approved Plumbing Code for the particular designated use No permanent water
service will be provided or continued to any new connection in the District which requires a backflow
prevention assembly, unless the Customer provides the District with a Backflow Prevention Assembly Test
and Maintenance Report (the "Test Report"), as described in Exhibit I" attached hereto. At the request of
the customer, the District's Operator may, on behalf of the District, install the backflow prevention assembly
and complete the Test Report at the Customer's cost.
B. Effective January 1, 1996, all backflow prevention assemblies shall be tested upon installation by a
Recognized Backflow Prevention Assembly Tester and certified to be operating within specifications. The
Test Report, as described in Exhibit "3" attached hereto, shall be retained for a minimum of three (3) years.
The District shall provide these records to the TCEQ for inspection upon request. Backflow prevention
assemblies which are installed to provide protection against High Health Hazards must also be tested and
certified to be operating within specifications at least annually by a Recognized Backflow Prevention Device
Tester.
C. Recognized Backflow Prevention Device Testers shall have completed a TCEQ approved course on
cross -connection control and backflow prevention and passed an examination administered by the TCEQ or
its designated agent. The accredited tester classification shall be broken down into two categories:
1. The "General Tester" is qualified to test and repair backflow prevention assemblies on any
domestic, commercial, industrial or irrigation service.
2. The "Fireline Tester" is qualified to test and repair backflow prevention assemblies on firelines
only. The State Fire Marshall's office requires that a person performing maintenance on firelines
must be employed by an Approved Fireline Contractor.
015633.000001\4833-5623-6690.v 1
D. Individuals who can show proof of completion of a course and passage of an exam based on the ABPA
or ASSE National Exam, prior to the effective date of these regulations, may be recognized as accredited for
the term of their current certification (not to exceed three (3) years).
E. Gauges used in the testing of backflow prevention assemblies shall be tested for accuracy annually in
accordance with the University of Southern California's Foundation of Cross- Connection Control and
Hydraulic Research and/or the American Water Works Association Manual of Cross Connection Control
(Manual M-14). Test gauge serial numbers must be included on the Test Report and Recognized Backflow
Prevention Device Testers shall have gauges tested for accuracy.
F. A Test Report must be completed by the Recognized Backflow Prevention Assembly Tester for each
assembly tested. The signed and dated original must be submitted to the District's Operator for record
keeping purposes.
G. Repairs to backflow prevention assemblies shall be performed by authorized individuals as recognized
by the Texas State Board of Plumbing Examiners, the TCEQ, Texas Irrigators Advisory Council, or the
Texas Commission on Fire Protection -State Fire Marshall's Office, depending upon application and use.
H. The use of a backflow prevention device at the service connection shall be considered as additional
backfow protection and shall not negate the use of backflow protection on internal hazards as outlined and
enforced by a State Approved Plumbing Code.
ARTICLE IV.
$ANjTARY SEWER CONNECTIONS
Section 4.01. Sanitary Sewer Service Line Installation.
A. Only one Sanitary Sewer Service Line connection to the District's Sanitary Sewer Collection System is
permitted for each residence or commercial building. The Sanitary Sewer Service Line shall remain fully
within the boundaries of the lot until the line reaches a utility easement or street right-of-way.
B. No opening in the District's Sanitary Sewer Collection System will be allowed to remain overnight or
during rain.
C. All Sanitary Sewer Service Lines must be constructed to true alignment and grade. Warped and/or
sagging lines will not be permitted. Sanitary Sewer Service Lines must have continuous contact with firm
trench bottom throughout their entire run. Lines placed in such manner as to increase the likelihood of being
displaced during backfill will be rejected.
D. All Sanitary Sewer Service Lines should be run from wyes or stacks directly to the houses without
meanders or bends.
Section 4.02. Sanitary Sewer Service Line Materials. Only the following types of pipe and fitting materials
are approved for constructing Sanitary Sewer Service Lines. Pipe and fittings in each Sanitary Sewer Service Line
must consist of the following material or other material approved by the District's Engineer:
1. Poly -vinyl -chloride PSM (PVC) pipe conforming to ASTM Specification D3034 or ASTM
specification F789 (with UL listmg)and installed according to ASTM D2321.
2. Ductile Iron Pipe conforming to ANSI A21.51 with rubber gasket joints ANSI A21.11 and installed
according to manufacturer's recommendations.
3 Acrylonitrile-butadiene-styrene (ABS) pipe material conforming to ASTM Specification D2751.
Section 4.03. Size and Grade of Sanitary Sewer Service Lines.
A. Minimum Sizes for Sanitary Sewer Service Lines shall be as follows
015633.000001'4833-5623-6690.vI
1. Residential- - - 4 inches in diameter; and
2. Commercial - - - 6 inches in diameter.
B. The minimum grades for Sanitary Sewer Service Lines shall be as follows:
1. 4 inch pipe - - - 14 inch drop per hundred feet (1.2%);
2. 6 inch pipe - - - 8 inch drop per hundred feet (0.7%); and
3. 8 inch pipe - - - 5 inch drop per hundred feet (0.4%).
C. The maximum grades for Sanitary Sewer Service Lines shall be as follows:
1. 4 inch pipe - - - two and one-half feet drop per hundred feet (2.5%);
2. 6 inch pipe - - - one and one-half feet drop per hundred feet (1.5%); and
3. 8 inch pipe - - - one foot drop per hundred feet (1%).
Section 4.04 Connection of Building Sewer Outlet,
A. On all building waste outlets, the building tie -on connections shall be made directly to the stub -
out from the building plumbing at the foundation.
B. Water -tight adapters of a type compatible with the materials being joined shall be used at the point of
connection of a Sanitary Sewer Service Line to the building plumbing. No cement grout materials shall be
permitted.
C. Unless an exception is permitted by the District's Operator, existing wye and stack connections must be
utilized for connection of a Sanitary Sewer Service Line to the District's Sanitary Sewer Collection System.
Section 4.05. Fittings and Cleanouts.
A. No bends or turns at any point will be greater than forty-five degrees (45°)
B. Each horizontal Sanitary Sewer Service Line will be provided with a cleanout at its upper terminal; and
each such run of piping which is more than ninety (90) feet in length will be provided with a cleanout for each
ninety (90) feet or fraction thereof in the length of such piping.
C. Each cleanout will be installed so that it opens in a direction toward the flow of the waste and, except in
the case of wye branch and end -of -the -line cleanouts, cleanouts will be installed vertically above the flow
line of the pipe.
D. Cleanouts will be made with air -tight mechanical plug.
Section 4.06. Installation of Sewer Taps and Issuance of Permits.
A. Sanitary Sewer Service Lines must be at least 24 inches below (vertically) and at least 9 feet from
(horizontally) any Water Service Line (far side or near side connection). If this is not possible, a cast iron
casing over the Water Service Line must be installed by the Customer, which casing will be inspected by the
Operator.
B. Excavation for Sewer Taps shall be water tamped in all areas within 5 feet (vertically or horizontally) of
any existing sewer lines, sidewalks or driveways. Soil not suitable for water tamping (clay modules, organic
material or silty soils) shall be removed and replaced with suitable backfill materials.
C. All stacks shall be installed in locations shown on the plans Stacks shall be capped and the cap lightly
cemented in place. Wyes will not be installed by the line contractor. Wye saddles will be paid for in the line
contract, but will be delivered to the District's Operator. The District's Operator will furnish the Customer a
saddle at the time of inspection.
015633.000001\4833-5623-6690.v 1
D. An Application for Service (a copy of which is attached as Exhibit "6") must be filed with the District's
Operator prior to construction of any Sanitary Sewer Service Line, and the Tap Fee and/or Sewer Tap
Inspection fee as established in the District's most current Rate Order should accompany the application.
(Application forms are available from the District's Operator.) Construction of any Sanitary Sewer Service
Line must not begin until the design of the Sanitary Sewer Service Line is approved by the District's
Engineer and construction is authorized by the District's Operator.
E. When the Sanitary Sewer Service Line is complete, and prior to backfilling the pipe trench, the Customer
shall request an inspection of the Sanitary Sewer Service Line. Requests for inspections (or reinspections)
shall be made to the District's Operator at least twenty-four (24) hours in advance of the inspection
F. The Sewer Tap shall be made only under the supervision of the District's Operator by use of an adapter
of a type compatible with materials being joined. The Sewer Tap shall be watertight. No cement grout
materials are permitted.
G. Any damage to the District's facility shall be repaired promptly by the Customer under the direction of the
District's Operator. Major damage will be repaired by the District's Operator at the Customer's expense.
H. Backfilling of a Sanitary Sewer Service Line trench must be accomplished within twenty-four (24) hours
of inspection and approval. Backfill material shall be sand or loam free of large lumps or clods. No debris
will be permitted in the trench or backfill.
I. During inspection of the Sanitary Sewer Service Line, the District's Operator will examine all District
facilities, such as manholes, valves, flush valves, and inlets on and adjacent to the lot. The connection
permit will not be granted until any damage to these facilities has been repaired.
J. The District's Operator will complete the Inspection Form (a copy of which is attached as Exhibit "Y) and
file it for record with the Application.
K. A connection permit will be issued after the Sewer Tap Inspection is performed and the District's
Operator confirms that all requirements of these Rules and Regulations have been met.
L. Connection permits which are rejected for any deficiency shall be promptly corrected and a reinspection
requested. A reinspection fee as set forth in the District's Rate Order shall be paid at the time the
reinspection is requested.
ARTICLE V.
FEES AND CHARGES
The District's fees and charges shall be as established by its Rate Order
ARTICLE VI.
EXCLUDED FLOW AND WASTE
A. No waste material which is not biologically degradable will be permitted to discharge into the District's
Sanitary Sewer Collection System, including mud and debris accumulated during service line installation.
The Customer should refer to the District's Rate Order and Wastewater Control Order for specific
information concerning acceptable discharges into the District's Sanitary Sewer Collection System. The
Customer is to be fully responsible for cleaning and jetting lines of any dirt or debris permitted to enter during
service construction.
B. No surface runoff water will be permitted to be discharged into the District's Sanitary Sewer Collection
System, including but not limited to, downspouts and yard or area drains.
ARTICLE VII.
PRIVATE WELLS/TANKS
The construction of water wells and/or the installation of septic tanks is prohibited without prior written
approval by the Board of Directors. Said approval, if granted by the Board of Directors, will state the purpose for the
construction of a water well and the intended use of the water.
015633.000001\4833-5623-6690.v1
015633.000001\4833-5623-6690.v1
ARTICLE Vill.
AVAILABILITY OF ACCESS/OBSTRUCTIONS
By application for connection to the District's Sanitary Sewer Collection System and/or Water Supply
System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and
egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its
judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its
representatives a right of ingress and egress to the Customer's property, including the interior and exterior of the
Customer's premises, for the purpose of performing the inspections and completing the Customer Service Inspection
Certifications required by these Rules and Regulations. Taps and connections will not be made when, in the opinion
of the District's Engineer or Operator, the work area is obstructed by building materials or other debris or the work
area is not completed or finished to grade. When sidewalks, driveways or other improvements have been
constructed prior to application for service, such application shall be construed and accepted as the Customer's
waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District's
Operator in installation of the connection.
ARTICLE IX.
PROTECTION FDISTRICT'S WATER SUPPLY SYSTEM AND
,i4NITARY SEWER COLLECTION SY TjEM
A. Damage to the District's Water Supply System or the Sanitary Sewer Collection System by the District's
Customers, including developers and builders' plumbers, will be repaired by the District at the Customer's
expense.
B. After a water meter has been set or a fire hydrant installed, the Customer shall at all times keep the area
in, around and upon such facilities and District easements and property under Customer's control free from
rubbish or obstructions of any kind, including shrubbery. Failure to keep such facilities and District
easements and property under Customer's control free from rubbish or obstructions of other kind, including
shrubbery, shall result in disconnection of water service and/or the assessment of charges necessary to
remove said obstructions. Customers are prohibited from introducing material into the District's Sanitary
Sewer Collection System which could cause obstruction of said system. In the event that an inspection by
the District's Engineer or Operator reveals foreseeable damage to the District's Sanitary Sewer Collection
System resulting from a Customer's failure to prevent obstructions from entering said system, the District
reserves the right to remove the obstruction immediately and without notice. Any costs incurred by the
District for removal of an obstruction to the District's system, plus a District administration fee of 20% of said
costs, shall be assessed to the Customer.
C. It shall be unlawful for any person, unless authorized in writing by the District's Operator, to tamper or
interfere with, obstruct access to, or as a result of willful action injure, deface, or destroy any facilities that
are a part of the District's Water Supply System or Sanitary Sewer Collection System, including, with respect
to the waterworks system, water plants, flushing valves, valve boxes, and water lines up to the meter box
and including meters; provided, however, that duly authorized members of the local fire department shall
have the right to use such flushing valves for fire protection purposes.
D. It shall be unlawful for any person to connect any building to the District's Water Supply System without a
meter or to have a straight line connection to a building without being metered. It shall also be unlawful for
any person, other than the District's Operator or Engineer, to draw water from the District's Water Supply
System (except for the use of water for firefighting purposes) without being metered, including the
unauthorized use of a flushing valve or unmetered water taps.
E. It shall be unlawful for any person to deposit, throw, drain, discharge, or otherwise cause to be injected
into any sewer, manhole, catch basin, flush tank, or other facility that is a part of the District's Water Supply
System or Sanitary Sewer Collection System any debris or foreign substance that would interfere with the
proper and routine functioning thereof.
015633.000001\4833-5623-6690.v1
ARTICLE X.
ENFORCEMENT OF RULES AND REGULATIONS
Any and all of the following remedies may be employed by the District to abate and prevent any violation of
the provisions of these Rules and Regulations:
Discontinuance of water service
2 Disconnection and sealing of sanitary sewer connection.
3. The Board hereby imposes the following civil penalties for breach of any rule or regulation of the
District: The violator shall pay the District twice the costs the District has sustained due to the
violation up to $5,000. A penalty under this Section is in addition to any other penalty provided by
the laws of this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District's principal office or meeting place is located. If the
District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable
fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The
amount of the attorneys' fees shall be fixed by the court.
4 A Customer found in violation of these Rules and Regulations shall be liable to the District for all
expenses borne by the District including laboratory fees, legal fees, engineering fees and other
costs incurred by the District in establishing the violation and resolving the cause of the violation.
5 A Customer found in violation of these Rules and Regulations who causes or contributes to a
violation by the District's Sanitary Sewer Collection System of effluent parameters shall be liable to
the District for all expenses borne by the District, including legal and engineering fees related to
any lawsuit filed by federal, state, or local authorities regarding violations by the District of effluent
parameters applicable to the District's Sanitary Sewer Collection System.
ARTICLE XI.
EFFECTIVE DATE
These Rules and Regulations shall become effective immediately
015633.000001\4833-5623-6690.v1
EXHIBIT "1"
TO APPENDIX A
CERTIFICATE OF COMPLIANCE
WITH
PROHIBITION ON USE OF SPECIFIED MATERIALS IN CONNECTIONS TO
MUNICIPAL UTILITY DISTRICT WATER SYSTEM
I, a duly licensed plumber in the State of Texas, hereby
certify that the connection at (the "Connection") complies in full with
the "Prohibition of Use of Specified Materials" provision contained in the Amended and Restated Rules and
Regulations for . I further certify that:
1 No direct connection between the District's Water Supply System and a potential source of contamination
exists. Potential sources of contamination are isolated from the District Water Supply System by an air gap
or an appropriate backflow prevention assembly in accordance with state plumbing regulations. Additionally,
all pressure relief valves and thermal expansion devices are in compliance with state plumbing codes.
2 No cross connection between the District's Water Supply System and a private water system exists. Where
an actual air gap is not maintained between the District's Water Supply System and a private water supply
system, an approved reduced pressure -zone backflow prevention assembly is properly installed and a
service agreement exists for annual inspection and testing by a certified backflow prevention device tester.
3. No connection exists which would allow the return of water used for condensing, cooling or industrial
processes back to the District's Water Supply System.
4. No pipe or pipe fitting which contains more than 0.25% lead exists in private plumbing facilities installed on
or after July 1, 2015.
5. No solder or flux which contains more than 0.2% lead exists in private plumbing facilities installed on or after
July 1, 1988.
6. No plumbing fixture is installed which is not in compliance with a State Approved Plumbing Code.
These determinations have been made under my direction and supervision. I am aware that there are significant
penalties for false certification, including the possibility of fine.
Signature
Printed Name
Company Name
Texas License No.,
015633.000001\4833-5623-6690.v 1
EXHIBIT "2"
TO APPENDIX A
Service Inspection Certification
Name of District:
District I.D. M
Location of Service:
I, (name of Inspector), upon inspection of the private plumbing facilities
connected to the Water Supply System of do hereby certify that, to the best of
my knowledge:
Non•
mpliance
Fc,
on File
Fn
Cpm I�aMx
FOR DISTRICT
USE ONLY
(1)
No direct connection between the District's Water Supply System
a
II
and a potential source of contamination exists. Potential sources
of contamination are isolated from the District Water Supply
System by an air gap or an appropriate backflow prevention
assembly in accordance with state plumbing regulations.
Additionally, all pressure relief valves and thermal expansion
devices are in compliance with state plumbing codes.
(2)
No cross connection between the District's Water Supply System
I
and a private water system exists. Where an actual air gap is not
maintained between the District's Water Supply System and a
private water supply system, an approved reduced pressure -zone
backflow prevention assembly is properly installed and a service
agreement exists for annual inspection and testing by a certified
backflow prevention device tester.
(3)
No connection exists which would allow the return of water used
r;
for condensing, cooling or industrial processes back to the
District's Water Supply System.
No pipe or pipe fitting which contains more than 0.25° o lead
(4)
s
exists in private plumbing facilities installed on or after July 1,
2015.
No solder or flux which contains more than 0.2% lead exists in
(5)
private plumbing facilities installed on or after July 1, 1988.
(6)
No plumbing fixture is installed which is not in compliance with
a State Approved Plumbing Code.
Water service shall not be provided or restored to the private plumbing facilities until the above conditions are determined to be in
compliance.
015633.000001\4833-5623-6690.vl
I further certify that the following materials were used in the installation of the plumbing facilities:
Service Lines Lead ❑ Copper ❑ PVC ❑ Other ❑
Solder Lead ❑ Lead Free o Solvent Weld ❑ Other ❑
I recognize that this document shall become a permanent record of the Water Supply System of
and that I am legally responsible for the validity of the information I have provided.
NOTE: THIS SERVICE INSPECTION CERTIFICATION IS FURNISHED FOR THE SOLE PURPOSE OF INSPECTING THE
PLUMBING FACILITIES AT THE AFORESAID LOCATION OF SERVICE FOR UNACCEPTABLE PLUMBING PRACTICES IN
ACCORDANCE WITH SAID DISTRICT'S RULES AND REGULATIONS GOVERNING WATER AND SANITARY SEWER
FACILITIES, SERVICE LINES, AND CONNECTIONS. NO REPRESENTATION OR WARRANTY IS INTENDED OR MADE AS TO
THE ADEQUACY, QUALITY OR FITNESS OF THE PRIVATE PLUMBING FACILITIES.
Signature of Inspector
Registration Number:. _
Title
Type of Registration
Date
015633.000001\4833-5623-6690.vl
EXHIBIT "3"
TO APPENDIX A
Backflow Prevention Assembly Test and Maintenance Report
The following form must be completed for each assembly tested. A signed and dated original must be submitted to the District for record
keeping purposes:
BACKFLOW PREVENTION ASSEMBLY TEST AND MAINTENANCE REPORT
Name of District
PWS I.D. #:
Location of Service
The backflow prevention assembly detailed below has been tested and maintained as required by TCEQ regulations and is certified to be
operating within acceptable parameters.
TYPE OF ASSEMBLY
❑ Reduced Pressure Principle
❑ Double Check Valve
o Not Needed at this Address
Manufacturer
Model Number
Serial Number
a Pressure Vacuum Breaker
o Atmosphere Vacuum Breaker
Size
Located at
Reduced Pressure Principle Assembly
Pressure Vacuum Breaker
Double Check Valve Assembly
Air Inlet
I Check Valve
1 st Check
2nd Check
Opened at psid
Relief Valve
psid
Initial Test
DC -Closed
Closed Tight ❑
Opened at
Tight ❑
RP- psid
psid
Did not
Open r
Leaked c
Leaked ❑
Leaked ❑
Repairs and
Materials Used
DC -Closed Tight
Closed Tight
Opened at
Test After
Opened at
Repair
RP sidpsid
sid
psid
The above is certified to be true
Firm Name: Certified Tester:
Firm Address: Cart. Tester No
Date-
015633.000001\4833-5623-6690.v1
EXHIBIT "4"
TO APPENDIX A
APPLICATION FOR SERVICE
(Please print or type)
Duplicate to
(address)
(Subdivision and Section)
(Name of Applicant) (Lot) (Block)
(Street Address) (Street Address)
(Phone) (City) (State) (Zip)
Installation to be performed by:
(Plumber or Sub -contractor) (Phone)
Type of pipe material to be used- PVC ABS_, VC , Cl_
Date Requested by:
(Signature)
Applicant to draw sketch of house layout and proposed location of water and sewer service line -
For District Use Only
Date Application Received:
Date Construction Authorized:
Connection Information:
WYE Location
Stack Location
Manhole Location
Date of Inspection 1 st 2nd 3rd
Date Permit Granted
Approved by District Representative
015633.000001\4833-5623-6690.vl
Lot Block Section
Street Address_ .
Inspection Requested By:
Date Tap to Be Made
Results of Inspection Made on
EXHIBIT "5"
TO APPENDIX A
INSPECTION FORM
SANITARY SEWER SERVICE
Date
at AM PM
Pipe Material: Size PVC (D3034) ABS(D2751
Tap to: Wye Stack
Cleanout: House and
INSTALLATION
Directness to Wye
Slope
Full Contact w/bedding
Connection w/Main
Condition of Other District
Satisfactory Unsatisfactory
Facilities on Lot
Connection Permit is approved (not approved).
Water service to Lot is approved (not approved).
This service reinspected on (See Attached new report).
Comments:
Copy to:
Applicant By:
District Inspector
Manager By:
Authorized Representative
of Applicant
015633.000001\4833-5623-6690.v1
APPENDIX D
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 112
DROUGHT CONTINGENCY PLAN
ARTICLE I
POLICY AND, PURPOSE
Section 1.01: Declaration of Pollcv. Purpose. and Intent
In order to conserve the available water supply and protect the integrity of water supply facilities, with
particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health,
welfare, and safety, and to minimize the adverse impacts of water supply shortage or other water supply emergency
conditions, Harris County Municipal Utility District No. 213-A (the "District") hereby adopts the following regulations
and restrictions on the delivery and consumption of water.
Water uses regulated or prohibited under this Drought Contingency Plan (the "Plan") are considered to be
non -essential, and continuation of such uses during times of water shortage or other emergency water supply
condition is deemed to constitute a waste of water which subjects the offender(s) to penalties as defined in Article VII
of this Plan.
Section 1.02, Public Involvement.
Opportunity for the public to provide input into the preparation of the Plan was provided by the District by
means of holding public hearings during regular meetings of the Board of Directors of the District during preparation
of the Plan.
Section 1.03: Public Education
The District will periodically provide the public with information about the Plan, including information about
the conditions under which each stage of the Plan is to be initiated or terminated and the drought response measures
to be implemented in each stage. This information will be provided by means of letters to the residents, notices on
the utility bills, placing of signs in the District, or other similar measures, as appropriate.
Section 1.04: Coordination with Reaional Water Plannina Groups
The service area of the District is located within the Lone Star Groundwater Conservation District
("LSGCD"), and the District will provide a copy of this Plan to LSGCD.
Section 1.05: Authorization
The Board of Directors of the District, along with Municipal Operations & Consulting, Inc. (the District's
"Operator'"), is hereby authorized and directed to implement the applicable provisions of this Plan upon determination
that such implementation is necessary to protect public health, safety, and welfare. The Operator shall have the
authority to initiate or terminate drought or other water supply emergency response measures as described in this
Plan.
Section 1.06: Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing water provided by the
District. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships,
associations, and all other legal entities.
ARTICLE II
DEFINITIONS
For the purposes of this Plan, the following definitions shall apply in addition to the definitions from Article I
of the Order Adopting Consolidated Rate Order and Rules and Regulations; Establishing Drought Contingency Plan;
Establishing a Wastewater Control Order; Establishing Certain Other Policies; and Providing Penalties for Violation
Thereof:
Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools,
and water gardens.
015633.000001\4833-5623-6690.v t
Commercial and institutional water use: water use which is integral to the operations of commercial and
non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants,
and office buildings.
Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce
the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so
that a supply is conserved and made available for future or alternative uses.
Customer: any person, company, or organization using water supplied by the District.
Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking,
bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even number address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6,
or 8, and locations without addresses.
Industrial water use: the use of water in processes designed to convert materials of lower value into forms
having greater usability and value
Landscape Irrigation use: water used for the irrigation and maintenance of landscaped areas, whether
publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights -of -
way and medians.
Non -essential water use: water uses that are not essential nor required for the protection of public, health,
safety, and welfare, including
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise
provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or
other hard -surfaced areas;
(d) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(a) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to
support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s); and
(i) use of water from hydrants for construction purposes or any other purposes other than fire fighting.
or g
Odd numbered address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7,
ARTICLE III
DROUGHT RESPONSE STAGES
Section 3.01. Criteria for Initiation and Termination of Drought Response Stages
The Operator shall monitor water supply and/or demand conditions on a daily basis and shall determine
when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified "triggers" are
reached To the extent that a stage of this plan is not otherwise triggered, then the appropriate stage, as determined
by the District's Operator and Engineer, shall be triggered upon the District having received notice from the City of
Baytown (the "City") GRP Division that restrictions under its drought contingency plan have been triggered. The
District's operator shall invoke conservation conditions consistent with the conservation conditions implemented by
the City until such time as the City discontinues the implementation of such conservation conditions. If a stage of the
Plan is implemented due to receiving notice from the City, the appropriate stage shall be rescinded when the District
has received notice from the City that restrictions under its drought contingency plan have been lifted.
The triggering criteria described below are based on known system capacity limits. The District will adopt
measures for each stage of the Plan as warranted by the triggers. The stages will not necessarily be adopted in
consecutive order.
015633.000001\4833-5623-6690.v1
Section 3.02. Stage 1 Triggers -- Mild Water Shortage Conditions
A. Requirements for initiation
Customers shall be requested to voluntarily conserve water and adhere to the prescribed restrictions on
certain non -essential water uses, defined in Article II hereof, when the following condition is reached:
When total daily water demand reaches 16 hours well motor run time for three (3) consecutive days, or
when the water supply facilities cannot meet or are in danger of not being capable of meeting water supply demand,
as determined by the District's Operator.
B. Requirements for termination
Stage 1 of the Plan may be rescinded when the District's Operator determines that all of the conditions listed
as triggering events have ceased to exist for a period of 3 consecutive days.
Section 3.03. Stage 2 Triggers --- Moderate Water Shortage Conditions
A. Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non -essential water
uses for Stage 2 of this Plan when any of the following conditions occur:
When total daily water demand reaches 18 hours well motor run time for three (3) consecutive days, or
when the water supply facilities cannot meet or are in danger of not being capable of meeting water supply demand,
as determined by the District's Operator.
B. Requirements for termination
Stage 2 of the Plan may be rescinded when the District's Operator determines that all of the conditions listed
as triggering events have ceased to exist for a period of 3 consecutive days Upon termination of Stage 2, Stage 1
becomes operative, unless otherwise notified
Section 3.04. Stage 3 Triggers -- Severe Water Shortage Conditions
A. Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non -essential water
uses for Stage 3 of this Plan when any of the following conditions occur:
When total daily water demand reaches 20 hours well motor run time for three (3) consecutive days, or
when the water supply facilities cannot meet or are in danger of not being capable of meeting water supply demand,
as determined by the District's Operator.
B. Requirements for termination
Stage 3 of the Plan may be rescinded when the District's Operator determines that all of the conditions listed
as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 3, Stage 2
becomes operative, unless otherwise notified.
Section 3.05. Stage 4 Triggers » Critical Water Shortage Conditions
A. Requirements for initiation
Customers shall be required to comply with the requirements and restrictions on certain non -essential water
uses for Stage 4 of this Plan when any of the following conditions occur:
01 5633.000001\4833-5623-6690.v 1
When total daily water demand reaches 22 hours well motor run time for three (3) consecutive days, or
when the water supply facilities cannot meet or are in danger of not being capable of meeting water supply demand,
as determined by the District's Operator.
B. Requirements for termination
Stage 4 of the Plan may be rescinded when the District's Operator determines that all of the conditions listed
as triggering events have ceased to exist for a period of 3 consecutive days. Upon termination of Stage 3, Stage 2
becomes operative, unless otherwise notified.
Section 3. 06. Stage 5 Triggers -- Emergency Water Shortage Conditions
A Requirements for initiation
Customers shall be required to comply with the requirements and restrictions for Stage 5 of this Plan when
the Operator determines that a water supply emergency exists based on:
1. Major water line breaks, pump or system failures, or other events which cause unprecedented loss of
capability to provide water service; or
2. Natural or man-made contamination of the water supply source(s).
B. Requirements for termination
Stage 5 of the Plan may be rescinded when the District's Operator determines that all of the conditions listed
as triggering events have ceased to exist for a period of 3 consecutive days.
ARTICLE IV
DROUGHT RESPONSE STAGES
Section 4.01. Public Notification
The Operator shall monitor water supply and/or demand conditions on a daily basis and, in accordance with
the triggering criteria set forth in Section III of this Plan, shall determine when a mild to moderate, severe, critical, or
emergency water shortage condition exists and shall implement the following notification procedures:
A. Notification: Before any notification of the public occurs, the Operator shall notify the
Board of Directors of the need to evoke mandatory water conservation procedures.
The Operator shall notify the public by means of:
(1) direct mail to each customer,
(2) signs posted in public places, or
(3) other measures that might be appropriate
B. Additional Notification:
The Operator shall notify directly, or cause to be notified directly, the following individuals and entities
(1) Texas Commission on Environmental Quality (required when mandatory restrictions are imposed),
(2) Major water users,
(3) Critical water users, i.e. hospitals.
Section 4.02 Stage 1 Response -- Mild Water Shortage Conditions
A. Goal: Achieve an 10 percent reduction in daily water demand to reduce the well motor run time
from 16 hours to 14 hours or less.
B. Best Management Practices:
(1) Reduce flushing of water mains
015633.00000114833-5623-6690.v1
(2) Notify customers of the implementation of the voluntary water use restrictions by sending the letter
attached as Exhibit 1.
C. Voluntary Water Use Restrictions for Reducing Water Demand: The following voluntary water
use restrictions shall apply to all persons:
(1) Customers are requested to voluntarily limit the irrigation of landscaped areas with hose -end
sprinklers or automatic irrigation systems to Sundays and Thursdays for customers with a street address ending in an
even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street address ending in an
odd number (1, 3, 5, 7 or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until
10:00 a.m. and between 8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of
landscaped areas is permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can
of five (5) gallons or less, or drip irrigation system.
(2) All operations of the District shall adhere to water use restrictions prescribed for Stage 2 of the
Plan
(3) Customers are requested to practice water conservation and to minimize or discontinue water use
for non -essential purposes.
Section 4.03. Stage 2 Response -- Moderate Water Shortage Conditions
A. Goal: Achieve a 20 percent reduction in daily water demand to reduce the well motor run time
from 18 hours to 14 hours or less.
B. Hest Management Practices:
(1) Reduce flushing of water mains.
(2) Notify customers of the implementation of the water use restrictions by sending the letter attached
as Exhibit 2
C. Water Use Restrictions for Reducina Water Demand: Upon threat of penalty for violation, the
following water use restrictions shall apply to all persons:
(1) Irrigation of residential landscaped areas with hose -end sprinklers or automatic irrigation systems
shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6
or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7
or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between
8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of residential landscaped areas is
permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or
less, or drip irrigation system.
(2) Irrigation of green belts, common areas, esplanades and sports field shall be limited to Mondays
and Fridays between 8:00 p.m. and 12:00 midnight.
(3) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held
hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the
immediate premises of a commercial car wash or commercial service station. Further, such washing may be
exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(4) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-
type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and
between 8 p.m. and 12:00 midnight.
(5) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
015633.000001\4833-5623-6690.vl
(6) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for
construction purposes may be allowed under special permit from the District.
(7) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on
designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
However, if the golf course utilizes a water source other than that provided by the District, the facility shall not be
subject to these regulations.
(8) All restaurants are prohibited from serving water to patrons except upon request of the patron.
(9) The following uses of water are defined as non -essential and are prohibited
(a) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -
surfaced areas;
(b) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(c) use of water for dust control;
(d) flushing gutters or permitting water to run or accumulate in any gutter or street; and
(e) failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s).
Section 4.04. Stage 3 Response —Severe Water Shortage Conditions
A. Goal: Achieve a 30 percent reduction in daily water demand to reduce the well motor run time from
20 hours to 14 hours or less.
B. Best Management Practices:
(1) Discontinue flushing of water mains.
(2) Notify customers of the implementation of the mandatory water use restrictions by sending the
letter attached as Exhibit 3.
C. Water Use Restrictions: All requirements of Stage 2 shall remain in effect during Stage 3 except
that except:
(1) Irrigation of residential landscaped areas shall be limited to designated watering days
between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight and shall be by means
of hand-held hoses, hand-held buckets, drip irrigation, or permanently installed automatic sprinkler system only. The
use of hose -end sprinklers is prohibited at all times.
(2) Irrigation of green belts, common areas, esplanades and sports field shall be limited to Mondays
and Fridays between 8:00 p.m. and 12:00 midnight
(3) The watering of golf course tees is prohibited unless the golf course utilizes a water source other
than that provided by the District.
(4) The use of water for construction purposes from designated fire hydrants under special permit is to
be discontinued.
Section 4.05. Staae 4 Response -- Critical Water Shortage Conditions
A. Goal: Achieve a 33 percent reduction in daily water demand to reduce well motor run time from
22 hours to 14 hours or less.
B. Best Manaaement Practices:
(1) Discontinue flushing of water mains; discontinue irrigation of public landscaped areas.
(2) Notify customers of the implementation of the water use restrictions by sending the letter attached as
Exhibit 4.
015633.000001\4833-5623-6690.v1
C. Water Use Restrictions: Under threat of penalty for violation, the water use restrictions of Stages
1, 2 and 3 shall be mandatory and shall remain in effect during Stage 4 except:
(1) Irrigation of residential landscaped areas shall be limited to designated watering days between the
hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight and shall be by means of hand-held
hoses, hand-held buckets, or drip irrigation only. The use of hose -end sprinklers or permanently installed automatic
sprinkler systems is prohibited at all times.
(2) Irrigation of green belts, esplanades and sports field shall be limited to Mondays and Fridays
between 8:00 p.m. and 12:00 midnight
(3) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
absolutely prohibited.
(4) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is
prohibited.
(5) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(6) No application for new, additional, expanded, or increased -in -size water service connections,
meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time
limits for approval of such applications are hereby suspended for such time as this drought response stage or a
higher -numbered stage shall be in effect.
Section 4.06 Stage 5 Response-- Emergency Water Shortaae Conditions
A. Goal: Restore normal water supply as soon as possible.
B. Best Management Practices:
(1) Discontinue flushing of water mains; discontinue irrigation of public landscaped areas.
(2) Notify customers of the implementation of the water use restrictions by sending the letter attached
as Exhibit 5.
C. Water Use Restrictions: All requirements of Stages 1, 2, 3 and 4shall remain in effect during
Stage 5 except (1) irrigation of landscaped areas and (2) use of water to wash any motor vehicle, motorbike, boat,
trailer, airplane or other vehicle are absolutely prohibited.
ARTICLE VII
ENFORCEMENT
A. No person shall knowingly or intentionally allow the use of water from the District for residential,
commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this
Plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to
action taken by the Operator in accordance with provisions of this Plan
B. Any person who violates this Plan is guilty of a misdemeanor and, upon conviction shall be
punished by a fine of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500).
Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is
convicted of three or more distinct violations of this Plan, the Operator shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of a re -connection charge, as set forth in the District's Rate
Order, and any other costs incurred by the in District discontinuing and re -connecting service. In addition, suitable
assurance must be given to the District that the same action shall not be repeated while the Plan is in effect.
Compliance with this plan may also be sought through injunctive relief in the district court.
C. Any person, including a person classified as a water customer of the District, in apparent control of
the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation
occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the
property committed the violation, but any such person shall have the right to show that he/she did not commit the
violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation,
015633.000001\4833-5623-6690.v1
committed by a child, occurred on property within the parents' control shall constitute a rebuttable presumption that
the parent committed the violation, but any such parent may be excused if he/she proves that he/she had previously
directed the child not to use the water as it was used in violation of this Plan and that the parent could not have
reasonably known of the violation.
D. The Operator, police officer, or other person(s) designated by the District, may issue a citation to a
person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate
and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct
him/her to appear in the Justice of the Peace Court on the date shown on the citation for which the date shall not be
less than 3 days nor more than 5 days from the date the citation was issued. The alleged violator shall be served a
copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an
agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate
family or is a resident of the violator's residence. The alleged violator shall appear in the Justice of the Peace Court
to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in the Justice of
the Peace Court, a warrant for his/her arrest may be issued. A summons to appear may be issued in lieu of an arrest
warrant. These cases shall be expedited and given preferential setting in the Justice of the Peace Court before all
other cases.
ARTICLE VIII
VARIANCES
The Operator, may, in writing, grant temporary variance for existing water uses otherwise prohibited under
this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely
affecting the health, sanitation, or fire protection for the public or the person requesting such variance and if one or
more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration of the water
supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of reduction in water
use.
Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with
the District within 5 days after the Plan or a particular drought response stage has been invoked. All petitions for
variances shall be reviewed by the Operator, and shall include the following:
(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief.
(d) Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what
damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance.
(a) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet
the intent of this Plan and the compliance date.
(h) Other pertinent information.
Variances granted by the Operator on behalf the District shall be subject to the following conditions, unless
waived or modified by the Operator:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed
to meet specified requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance
of the variance.
ARTICLE IX
END OF DROUGHT CONTINGENCY WATER USE RESTRICTIONS
When the District is able to return to normal water use, the District shall send out the letter attached as
Exhibit 8, or otherwise notify the customers of the District of the end of all water use restrictions.
015633.000001\4833-5623-6690.v1
EXHIBIT 1
TO APPENDIX B
Harris County Municipal Utility District No. 213-A
(Drought Stage 1)
(Date)
Dear Customer:
Harris County Municipal Utility District No. 213-A is unable to provide water at the customary levels or
pressure
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage One of the Drought Contingency Plan is now in effect. Stage One includes the following VOLUNTARY water
use restrictions:
(a) Irrigation of residential landscaped areas with hose -end sprinklers or automatic irrigation systems
shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6
or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7
or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a.m. and between
8:00 p.m. and 12:00 midnight on designated watering days. However, irrigation of residential landscaped areas is
permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or
less, or drip irrigation system.
(b) Irrigation of green belts, esplanades and sports field shall be limited to Mondays and Fridays
between 8:00 p.m. and 12:00 midnight.
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between
8:00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held
hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the
immediate premises of a commercial car wash or commercial service station. Further, such washing may be
exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(d) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-
type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and
between 8 p.m. and 12:00 midnight.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(0 Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for
construction purposes may be allowed under special permit from the District.
(g) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on
designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m and 12:00 midnight
However, if the golf course utilizes a water source other than that provided by the District, the facility shall not be
subject to these regulations.
(h) All restaurants are prohibited from serving water to patrons except upon request of the patron
(i) The following uses of water are defined as non -essential and are prohibited:
(1) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -
surfaced areas;
(2) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(3) use of water for dust control;
(4) flushing gutters or permitting water to run or accumulate in any gutter or street; and
015633.000001\4833-5623-6690.v 1
(5) failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s).
The Board of Directors appreciates your cooperation and perseverance during this Conservation Condition.
Once the Conservation Condition ends, we will notify you and you may then return to normal usage. If conditions
should worsen, you will be notified of more stringent restrictions, to ensure the availability of water in your community.
Very truly yours,
Board of Directors
015633.00000144833-5623-6690.v1
EXHIBIT 2
TO APPENDIX B
Hams County Municipal Utility District No. 213-A
(Drought Stage 2)
(Date)
Dear Customer.
Hams County Municipal Utility District No. 213-A is unable to provide water at the customary levels or pressure
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that Stage 2
of the Drought Contingency Plan is now in effect. Stage 2 includes the MANDATORY water use restrictions set for
the below. Any person who violates the water use restrictions set forth below is guilty of a misdemeanor and, upon
conviction shall be punished by a fine of not less than two hundred fifty dollars ($250) and not more than five hundred
dollars ($500). Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense.
If a person is convicted of three or more distinct violations of this Plan, the Operator shall, upon due notice to the
customer, be authorized to discontinue water service to the premises where such violations occur. Services
discontinued under such circumstances shall be restored only upon payment of a re -connection charge, as set forth
in the District's Rate Order, and any other costs incurred by the District in discontinuing and re -connecting service.
In addition, suitable assurance must be given to the District that the same action shall not be repeated while the Plan
is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
WATER USE RESTRICTIONS
(a) Irrigation of residential landscaped areas with hose -end sprinklers or automatic irrigation systems
shall be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6
or 8), and Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7
or 9), and irrigation of landscaped areas is further limited to the hours of 12:00 midnight until 10:00 a m. and between
8:00 p.m. and 12:00 midnight on designated watering days. However, residential irrigation of landscaped areas is
permitted at anytime if it is by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or
less, or drip irrigation system.
(b) Irrigation of green belts, esplanades and sports field shall be limited to Mondays and Fridays
between 8:00 p.m. and 12:00 midnight
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between
8-00 p.m. and 12:00 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held
hose equipped with a positive shutoff nozzle for quick rises. Vehicle washing may be done at any time on the
immediate premises of a commercial car wash or commercial service station. Further, such washing may be
exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle
cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(d) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-
type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and
between 8 p.m. and 12:00 midnight.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(0 Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for
construction purposes may be allowed under special permit from the District.
(g) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on
designated watering days between the hours 12:00 midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
However, if the golf course utilizes a water source other than that provided by the District, the facility shall not be
subject to these regulations.
Of5633.000001\4833-5623-6690.v1
(h) All restaurants are prohibited from serving water to patrons except upon request of the patron.
(i) The following uses of water are defined as non -essential and are prohibited:
(1) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced
areas;
(2) use of water to wash down buildings or structures for purposes other than immediate fire protection;
(3) use of water for dust control;
(4) flushing gutters or permitting water to run or accumulate in any gutter or street; and
(5) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing
the repair of such leak(s).
The Board of Directors appreciates your cooperation and perseverance during this Conservation Condition.
Once the Conservation Condition ends, we will notify you and you may then return to normal usage If conditions
should worsen, you will be notified of more stringent restrictions, to ensure the availability of water in your community.
Very truly yours,
Board of Directors
015633.000001\4833-5623-6690.vi
EXHIBIT 3
TO APPENDIX B
Hams County Municipal Utility District No. 213-A
(Drought Stage 3)
(Date)
Dear Customer:
Harris County Municipal Utility District No. 213-A is experiencing severe water shortage conditions and is
unable to provide water at the customary levels or pressure.
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage 3 of the Drought Contingency Plan is now in effect and the mandatory restrictions set forth in below are now in
effect. The Board of Directors is aware of the inconvenience of these severe restrictions, but it is imperative that the
water supply not only be available for drinking and bathing but also for fire fighters in the event of a house fire. Any
person who violates the water use restrictions set forth below is guilty of a misdemeanor and, upon conviction shall
be punished by a fine of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500).
Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is
convicted of three or more distinct violations of this Plan, the Operator shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of a re -connection charge, as set forth in the District's Rate
Order, and any other costs incurred by the in discontinuing service. In addition, suitable assurance must be given to
the District that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also
be sought through injunctive relief in the district court.
WATER USE RESTRICTIONS
(a) Irrigation of residential landscaped areas shall be limited to Sundays and Thursdays for customers
with a street address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers
with a street address ending in an odd number (1, 3, 5, 7 or 9). Irrigation of residential landscaped areas shall be
limited to designated watering days between the hours of 12:00 midnight and 10:00 a.m. and between 8 p.m. and
12:00 midnight and shall be by means of hand-held hoses, hand-held buckets, drip irrigation, or permanently
installed automatic sprinkler system only. The use of hose -end sprinklers is prohibited at all times.
(b) Irrigation of green belts, esplanades and sports field shall be limited to Mondays and Fridays
between 8:00 p.m. and 12:00 midnight
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle not
occurring on the premises of a commercial car wash and commercial service stations and not in the immediate
interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes
and commercial service stations shall occur only between the hours of 10:00 a.m. and 2:00 p.m. and between 10:00
p.m. and 6:00 a.m.
(d) Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi-
type pools is prohibited except on designated watering days between the hours of 12:00 midnight and 10:00 a.m. and
between 8 p.m. and 12:00 midnight.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(f) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare. The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued.
(g) The watering of golf course tees is prohibited unless the golf course utilizes a water source other
than that provided by the District.
(h) All restaurants are prohibited from serving water to patrons except upon request of the patron
015633.000001\4833-5623-6690.vl
(i) The following uses of water are defined as non -essential and are prohibited:
(1) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced
areas;
(2) use of water to wash down buildings or structures for purposes other than immediate fire protection;
(3) use of water for dust control;
(4) flushing gutters or permitting water to run or accumulate in any gutter or street; and
(5) failure to repair a controllable leak(s) within a reasonable period after having been given notice directing
the repair of such leak(s).
Failure to comply with the Water Use Restrictions is deemed a violation of the Drought Contingency Plan
and may result in the termination of water and sewer service to your property. Water and sewer service will not be
restored until noncompliance is discontinued and a reconnect fee of $100 is paid.
The Board of Directors appreciates your cooperation and perseverance during this Drought Stage. Once
the Drought Stage ends, we will notify you and you may then return to normal usage. If conditions should worsen,
you will be notified of more stringent restrictions, to ensure the availability of water in your community.
Very truly yours,
Board of Directors
015633.000001\4833-5623-6690.v1
EXHIBIT 4
TO APPENDIX B
Harris County Municipal Utility District No. 213-A
(Drought Stage 4)
(Date)
Dear Customer:
Harris County Municipal Utility District No. 213-A is experiencing critical water shortages conditions and is
unable to provide water at the customary levels or pressure.
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage 4 of the Drought Contingency Plan is now in effect and the mandatory restrictions set forth in below are now in
effect. The Board of Directors is aware of the inconvenience of these severe restrictions, but it is imperative that the
water supply not only be available for drinking and bathing but also for fire fighters in the event of a house fire. Any
person who violates the water use restrictions set forth below is guilty of a misdemeanor and, upon conviction shall
be punished by a fine of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500).
Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is
convicted of three or more distinct violations of this Plan, the Operator shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of a re -connection charge, as set forth in the District's Rate
Order, and any other costs incurred by the District in discontinuing and re -connecting service. In addition, suitable
assurance must be given to the District that the same action shall not be repeated while the Plan is in effect.
Compliance with this plan may also be sought through injunctive relief in the district court.
WATER USE RESTRICTIONS
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage 4 of the Drought Contingency Plan is now in effect. The Board of Directors is aware of the inconvenience of
these severe restrictions, but it is imperative that the water supply not only be available for drinking and bathing but
also for fire fighters in the event of a house fire. The following mandatory restrictions are now in effect:
(a) Irrigation of residential areas shall be limited to Sundays and Thursdays for customers with a street
address ending in an even number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for water customers with a street
address ending in an odd number (1, 3, 5, 7 or 9). Irrigation of residential landscaped areas shall be limited to
designated watering days between the hours of 6:00 a.m. and 10:00 a.m. and between 8:00 p.m. and 12:00 midnight
and shall be by means of hand-held hoses, hand-held buckets, or drip irrigation only. The use of hose -end sprinklers
or permanently installed automatic sprinkler systems is prohibited at all times.
(b) Irrigation of green belts, esplanades and sports field shall be limited to Mondays and Fridays
between 8:00 p.m. and 12:00 midnight.
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
absolutely prohibited.
(d) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is
prohibited.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(t) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare. The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued.
(g) The watering of golf course tees is prohibited unless the golf course utilizes a water source other
than that provided by the District.
(h) All restaurants are prohibited from serving water to patrons except upon request of the patron.
015633.00000114833-5623-6690.v 1
(i) The following uses of water are defined as non -essential and are prohibited.
(1) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -
surfaced areas;
(2) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(3) use of water for dust control;
(4) flushing gutters or permitting water to run or accumulate in any gutter or street; and
(5) failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s).
0) No application for new, additional, expanded, or increased -in -size water service connections,
meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time
limits for approval of such applications are hereby suspended for such time as this drought response stage or a
higher -numbered stage shall be in effect.
The Board of Directors appreciates your cooperation and perseverance during this Conservation Condition.
Once the Conservation Condition ends, we will notify you and you may then return to normal usage. If conditions
should worsen, you will be notified of more stringent restrictions, to ensure the availability of water in your community.
Very truly yours,
Board of Directors
015633.000001\4833-5623-6690.vt
EXHIBIT 5
TO APPENDIX B
Harris County Municipal Utility District No. 213-A
(Drought Stage 5)
(Date)
Dear Customer:
Harris County Municipal Utility District No. 213-A is experiencing emergency water conditions and is unable
to provide water at the customary levels or pressure.
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage 5 of the Drought Contingency Plan is now in effect and the mandatory restrictions set forth in below are now in
effect.. The Board of Directors is aware of the inconvenience of these severe restrictions, but it is imperative that the
water supply not only be available for drinking and bathing but also for fire fighters in the event of a house fire. Any
person who violates the water use restrictions set forth below is guilty of a misdemeanor and, upon conviction shall
be punished by a fine of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500).
Each day that one or more of the provisions in this Plan is violated shall constitute a separate offense. If a person is
convicted of three or more distinct violations of this Plan, the Operator shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such violations occur. Services discontinued under
such circumstances shall be restored only upon payment of a re -connection charge, as set forth in the District's Rate
Order, and any other costs incurred by the District in discontinuing or re -connecting. In addition, suitable assurance
must be given to the District that the same action shall not be repeated while the Plan is in effect. Compliance with
this plan may also be sought through injunctive relief in the district court.
WATER USE RESTRICTIONS
To ensure that an adequate supply of water is available for drinking and bathing, you are hereby notified that
Stage 5 of the Drought Contingency Plan is now in effect. The Board of Directors is aware of the inconvenience of
these severe restrictions, but it is imperative that the water supply not only be available for drinking and bathing but
also for fire fighters in the event of a house fire. The following mandatory restrictions are now in effect:
(a) Irrigation of all residential landscaped areas is prohibited
(b) irrigation of green belts, esplanades and sports fields is prohibited.
(c) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is
absolutely prohibited.
(d) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools is
prohibited.
(e) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except
where necessary to support aquatic life or where such fountains or ponds are equipped with a re -circulation system.
(f) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities
necessary to maintain public health, safety, and welfare. The use of water for construction purposes from designated
fire hydrants under special permit is to be discontinued.
(g) The watering of golf course tees is prohibited unless the golf course utilizes a water source other
than that provided by the District
(h) All restaurants are prohibited from serving water to patrons except upon request of the patron
(i) The following uses of water are defined as non -essential and are prohibited
(1) wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -
surfaced areas;
015633.000001\4833-5623-6690.vl
(2) use of water to wash down buildings or structures for purposes other than immediate fire
protection;
(3) use of water for dust control;
(4) flushing gutters or permitting water to run or accumulate in any gutter or street; and
(5) failure to repair a controllable leak(s) within a reasonable period after having been given notice
directing the repair of such leak(s).
Q) No application for new, additional, expanded, or increased -in -size water service connections,
meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time
limits for approval of such applications are hereby suspended for such time as this drought response stage or a
higher -numbered stage shall be in effect.
The Board of Directors appreciates your cooperation and perseverance during this Conservation Condition.
Once the Conservation Condition ends, we will notify you and you may then return to normal usage. If conditions
should worsen, you will be notified of more stringent restrictions, to ensure the availability of water in your community.
Very truly yours,
Board of Directors
015633.000001\4833-5623-6690.v 1
ORDINANCE NO. 14,050
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98-
91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A
PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98-91
"Sewer service charge" of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE IV. SEWER SERVICE
Sec. 98-91. Sewer service charge.
(a) Residential dwelling units. The sewer service charge for residential dwelling units shall
be as follows:
(1) Individually metered for water consumption. Each residential dwelling unit
individually metered and billed for the consumption of water shall be charged for
and shall owe each month a sewer service charge based upon the consumption of
water attributed to it as determined by article III of this chapter relating to water
charges, applied to the following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Individually Metered Single -Family Residential
Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000—12,000 Gallons per Unit $6.08 $9.13
Over 12,000 Gallons per Unit No Charge No Charge
(2) Jointly metered for water consumption. Multifamily dwelling unit projects not
individually metered for water shall be charged for and shall owe each month a
sanitary sewer charge based upon consumption of water attributed to it as
determined by article III of this chapter relating to water charges applied to the
following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Multi -Family Residential Master Meter Service
_Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000 Gallons per Unit $6.08 $9.13
Unit = Constructed, regardless of whether occupied.
(b) Commercial units. Each commercial unit shall be charged for and shall owe each month a
sanitary sewer service charge based upon the consumption of water attributed to it,
applied to the following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Non -Residential Service
Inside City
Outside City
Base Facility Charge:
Per Meter by Meter Size
5/8" x'/<"
$8.13
$16.26
$12.21
$24.42
1"
$20.33
$40.66
1 %2"
$40.68
$81.36
2"
$65.08
$130.16
3"
$130.15
$260.30
4"
$203.37
$406.74
6"
$406.73
$813.46
8"
$650.76
$1,301.52
10"
$935.50
$1,871.00
Customer Charge:
Per Bill Issued
$3.91
$7.82
Gallonage Charge (Per Thousand Gallons):
All Use
$6.08
$9.13
(c) Manufactured home parks. Manufactured home parks shall be charged for and owe a
sanitary sewer service charge based upon consumption
of water attributed to it as
determined by article III of this chapter relating to water charges applied
to the following
usage and the rate schedule for sewer service:
Wastewater Service - Rate Schedule
Manufactured Home Parks Master Meter Service
(Based upon Multi -Family Residential Master Meter Service)
Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000 Gallons per Unit $6.08 $9.13
Unit = Total spaces, regardless of whether occupied.
(d) Volume users. A sanitary sewer service customer within the corporate limits who (i)
qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than
400,000 gallons of water per day shall be charged and shall owe each month a sewer
service charge based upon (i) the consumption of water attributed to it as determined by
article III of this chapter relating to water charges; or (ii) the actual wastewater flow as
determined by a metering system approved by the city. Such charges shall be applied as
follows:
Wastewater Service - Rate Schedule
High -Volume User Service
With City Without City
Water
Water
Service
Service
Base Facility Charge:
Per Meter by Meter Size
5/8" x'/"
$8.13
$8.47
;/"
$12.21
$12.68
1"
$20.33
$21.15
1 %"
$40.68
$42.30
2"
$65.08
$67.67
3"
$130.15
$135.35
4"
$203.37
$211.51
6"
$406.73
$422.99
8"
$650.76
$676.79
10"
$935.50
$972.91
Customer Charge:
Per Bill Issued
$3.91
$4.07
Gallonage Charge (Per Thousand Gallons):
All Use
$4.50
$4.67
Section 2: Every person convicted of a violation of any provision of this ordinance
herein shall be punished by a fine not exceeding FIVE HUNDRED AND NO.100 DOLLARS
($500.00). Each act of violation and each day upon which any such violation shall occur shall
constitute a separate offense. In addition to the penalty prescribed above, the city may pursue
other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and
revocation of licenses or permits.
Section 3: 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 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to
be severable.
Section 5: This ordinance shall take effect on the first complete billing cycle in June
2019. 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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 1 lth day of April, 2019.
A
BRANDON CAPETILLO, Mayor
IA BRYSCH, M Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, SR., AY,
Attorney
COMOI Legal\Karen Files\City CounciUOrdinances\2019Wpril 1 l SewerUhlityRateOrdinancadoc
4
Baytown, TX Code of Ordinances Page 1 of 26
Exhibit T"
ARTICLE III. - WATER SERVICE121
Sec. 98-55. - Utility upgrade surcharge.
(a) A monthly utility upgrade surcharge of $15.00 shall be assessed and collected by the
utility billing division for each lot within the Bay Oaks Harbor Subdivision (Amended),
Blocks 2 through 10 inclusive, which receives utility services from the city. Such
surcharge shall be expended by the city for repairs to the water and wastewater
systems within such subdivision in order to meet the state commission on
environmental quality's standards.
(b) A monthly utility upgrade surcharge of $200.00 shall be assessed and collected by the
utility billing division for the commercial recreational vehicle park located In the Bay
Oaks Harbor Subdivision (Amended), Block 1, Reserves A, B and C inclusive, which
receives utility services from the city. Such surcharge shall be expended by the city for
repairs to the wastewater system within such subdivision in order to meet the state
commission on environmental quality's standards.
(Ord. No. 10,865, § 1, 3-27-08; Ord. No. 10,998, § 1, 10-23-08)
Sec. 98-56. - Deposits and refunds.
(a) Application forservice. Whenever a consumer desires to establish service with the
utility billing division, he shall tender to such division, at least one day prior to the
time he desires his premises to be connected with the water services, the proper
deposit.
(b) Amount of deposit.
(1) A residential consumer occupying a single-family dwelling house shall be
required to place on deposit the amount of $50.00 if he is the owner of
the dwelling house; however, a residential consumer occupying a single-
family dwelling house shall be required to place on deposit the amount of
$200.00 if he is not the owner of the dwelling house.
(2) Commercial water deposits shall be determined by the utility billing
supervisor. This deposit is to be generally comparable to two months'
water service of a commercial business similar to the applicant.
(3)
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Deposits for apartment houses, mobile parks or other multifamily dwelling
projects shall be determined by the utility billing supervisor, but shall not
be less per unit than the deposit required of single-family dwelling units.
(c) Increase of deposits Deposits for commercial consumers, apartment houses, mobile
parks or other multifamily projects may be increased from time to time if it is
determined by the utility billing supervisor that additional deposits are necessary in
order to ensure payment of charges for water service. The additional deposit shall be
tendered to the utility billing division within 30 days after notice of the increase in the
deposit. Section 98-61 shall apply if the additional deposit is not tendered within 30
days.
(d) Refunds Deposits will be refunded upon termination of service, provided the
consumer has fully satisfied all charges due the city.
(e) Form of deposits.
(1) Deposits of less than $500.00 shall be cash deposits in the form of cash,
check or money order.
(2) Deposits of $500.00 or more for commercial consumers, apartment
houses, mobile home parks or other multifamily dwelling projects shall be
by:
a. Cash;
b. Irrevocable bank letter of credit, provided that the irrevocable bank
letter of credit shall be:
1. Drawn on an FDIC -insured bank located within Harris County or
Chambers County, and
2. For a period of not less than one year; or
c. An assignment of security, provided that any security pledged shall
be:
1. Approved by the utility billing manager, and
2. Placed in an FDIC -insured bank located within Harris County or
Chambers County; or
d. A bond, provided that the bond shall be:
1. Issued by a surety licensed to do business in the state,
2. in a form approved by the city attorney, and
3. For a term of not less than one year.
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Deposits in any form allowed herein shall be maintained throughout the
period during which the city provides utility service. As such, any deposit
that is to expire prior to the termination of utility service shall be renewed
prior to its expiration and proof of such renewal must be submitted to the
city's utility billing manager. The remedies for nonpayment of utility bills
specified in section 98-61 shall apply if a deposit is not renewed prior to its
expiration.
(Code 1967, § 31-54; Ord. No. 943, § 1, 11-7-68; Ord. No. 1479, § 1, 9-27-73; Ord. No. 2328, § 1, 10-
13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 3054, § 1, 1-8-81; Ord. No. 4948, § 1, 3-24-88; Ord. No.
6005, § 1, 9-26-91; Ord. No. 8141, § 1, 11-25-97; Ord. No. 10,623, § 1, 6-12-07; Ord. No. 10,623, § 1,
6-12-07; Ord. No. 11,646, § 1, 5-26-11)
Sec. 98-57. - Tapping fees.
(a) The following fees shall be assessed and collected by the utility billing division for
water taps inside the city limits:
(1) Three -fourths -inch water tap ..... $900.00
(2) One -inch water tap ..... $1,000.00
(b) The following fees shall be assessed and collected by the utility billing division for
water taps outside the city limits:
(1) Three -fourths -inch water tap ..... $1,100.00
(2) One -inch water tap ..... $1,200.00
(c) All other taps and other special water connections shall be made at actual cost, as
determined by the utility billing manager, with the consultation of the director of
utilities.
(d) If a person pays for a water tap and fails to have the tap made within one year from
the date such tap fee is paid, the city shall not allow the water tap to be made unless
the person requesting the tap pays such additional amount necessary to increase the
original payment to the current cost of a water tap.
(Code 1967, § 31-55; Ord. No. 943, § 1, 11-7-68; Ord. No. 1752, §§ 1, 2, 2-27-75; Ord. No. 2328, § 1,
10-13-77; Ord. No. 2738, § 1, 9-27-79; Ord. No. 2974, § 1, 9-25-80; Ord. No. 3628, § 1, 5-26-83; Ord.
No. 9226, § 1, 9-13-01; Ord. No. 9831, § 1, 7-8-04; Ord. No. 11,308, § 2, 2-25-10; Ord. No. 13.361 . §
1, 11-21-16)
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Sec. 98-58. - Service charge for turn on.
If the city turns on a customer's water service at the request of the customer, the customer
will be charged a service charge of $30.00. If the customer requests their existing service to be
transferred, the fee will be $25.00. If an additional trip(s) is required to connect service, a $10.00
additional trip fee will be assessed per trip.
(Code 1967, § 31-55.1; Ord. No. 2738, § 2, 9-27-79; Ord. No. 6005, § 5, 9-26-91; Ord. No. 11,308, §
3, 2-25-10)
Sec. 98-59. - Rates.
(a) Rate schedules. The following are the rate schedules for water service:
Water Service —Rate Schedule
Individually Metered Single -Family Residential
Inside Citv
Outside City
Base Facility Charge:
Per dwelling unit
$7.53
$15.05
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
$2.57
$3.86
Over 2,000-6,000 gallons per unit
$5.60
$8.39
Over 6,000-12,000 gallons per unit
$6.71
$10.09
Over 12,000-18,000 gallons per unit
$8.74
$13.10
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Use over 18,000 gallons per unit $11.36 $17.04
Water Service —Rate Schedule
Multifamily Residential Master Meter Service
Inside City
Outside City
Base Facility Charge:
Per dwelling unit
$7.53
$15.05
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
$2.60
$3.91
Over 2,000 gallons per unit
$5.63
$8.45
Unit = Constructed, regardless of whether
occupied.
Water Service --Rate Schedule
Nonresidential Service
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Inside C tv
Outside City
Base Facility Charge:
Per meter by meter size
5/8 " x 3/a"
$7.53
$15.05
3/"
$11.31
$22.59
lit
$18.83
$37.67
1 Yz"
$37.67
$75.32
2"
$60.26
$120.51
3"
$120.51
$241.02
4"
$188.31
$376.60
6"
$376.60
$753.21
8"
$602.56
$1,205.13
10"
$866.20
$1,732.37
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
All use
$5.60
$8.39
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Water Service —Rate Schedule
High -Volume User Service
Base Facility Charge.
Per meter by meter size
5/8 X 3/411
$7.53
3/401
$11.31
1"
$18.83
1 Yz"
$37.67
2°
$60.26
3„
$120.51
4"
$188.31
6"
$376.60
8"
$602.56
10"
$866.20
Customer Charge:
Per bill issued
$3.62
Gallonage Charge (Per Thousand Gallons):
All use
$4.13
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Water Service —Rate Schedule
Metered Irrigation Service
Inside City
Outside City
Base Facility Charge:
Per meter by meter size
5/8 " X 3/"
$7.53
$15.05
3/4°
$11.31
$22.59
lot
$18.83
$37.67
1 Yz"
$37.67
$75.32
2"
$60.26
$120.51
31'
$120.51
$241.02
41#
$188.31
$376.60
61'
$376.60
$753.21
8"
$602.56
$1,205.13
10"
$866.20
$1,732.37
Customer Charge:
Per bill issued
$3.62
$7.24
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Gallonage Charge (Per Thousand Gallons,•
5/8" x 3/a" Meter
Up to 6,000 gallons
$5.60
$8.39
Over 6,000-12,000 gallons
$6.71
$10.09
Over 12,000-18,000 gallons
$8.74
$13.10
Over 18,000 gallons
$11.36
$17.04
3/a" Meter
Up to 9,000 gallons
$5.60
$8.39
Over 9,000-18,000 gallons
$6.71
$10.09
Over 18,000-27,000 gallons
$8.74
$13.10
Over 27,000 gallons
$11.36
$17.04
1" Meter
Up to 15,000 gallons
$5.60
$8.39
Over 15,000-30,000 gallons
$6.71
$10.09
Over 30,000-45,000 gallons
$8.74
$13.10
Over 45,000 gallons
$11.36
$17.04
1'h" Meter
Up to 30,000 gallons
$5.60
$8.39
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Over 30,000-60,000 gallons
$6.71
$10.09
Over 60,000-90,000 gallons
$8.74
$13.10
Over 90,000 gallons
$11.36
$17.04
2" Meter
Up to 48,000 gallons
$5.60
$8.39
Over 48,000-96,000 gallons
$6.71
$10.09
Over 96,000-144,000 gallons
$8.74
$13.10
Over 144,000 gallons
$11.36
$17.04
3" Meter
Up to 96,000 gallons
$5.60
$8.39
Over 96,000-192,000 gallons
$6.71
$10.09
Over 192,000-288,000 gallons
$8.74
$13.10
Over 288,000 gallons
$11.36
$17.04
4" Meter
Up to 150,000 gallons
$5.60
$8.39
Over 150,000-300,000 gallons
$6.71
$10.09
Over 300,000-450,000 gallons
$8.74
$13.10
Over 450,000 gallons
$11.36
$17.04
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6" Meter
Up to 300,000 gallons
$5.60
$8.39
Over 300,000-600,000 gallons
$6.71
$10.09
Over 600,000-900,000 gallons
$8.74
$13.10
Over 900,000 gallons
$11.36
$17.04
8" Meter
Up to 480,000 gallons
$5.60
$8.39
Over 480,000-960,000 gallons
$6.71
$10.09
Over 960,000-1,440,000 gallons
$8.74
$13.10
Over 1,440,000 gallons
$11.36
$17.04
10" Meter
Up to 690,000 gallons
$5.60
$8.39
Over 690,000-1,380,000 gallons
$6.71
$10.09
Over 1,380,000-2,070,000 gallons
$8.74
$13.10
Over 2,070,000 gallons
$11.36
$17.04
(b) Residential dwelling units
(1)
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lndividual/ymetered units. Each residential dwelling unit individually
metered and billed for the consumption of water shall be charged for and
owe each month a water service charge based upon the amount of water
consumed, as determined by the meter reading, applied to the rate
schedule in subsection (a) of this section for individually metered single-
family residential.
(2) Joint/ymetered unit. The monthly water service charge for multifamily
dwelling unit projects, with units not individually metered for water, shall
be determined as follows:
a. The total monthly water consumption for the project will be divided
by the number of units in the project served by the meter;
b. The per -unit water consumption will determine the applicable charge
for each unit based upon the rate schedule in subsection (a) of this
section for multifamily residential master meter service; and
C. The applicable water service charge for each unit will be multiplied
by the number of units in the project served by the meter to
determine the monthly water service charge for the entire project.
(c) Manufactured home parks. The monthly water service charge for manufactured home
parks shall be determined as follows:
(1) The total water consumption for the project will be divided by the actual
number of rental spaces served to determine the per unit water
consumption;
(2) The per unit water consumption will determine the applicable water
service charge for each space based upon the rate schedule in subsection
(a) of this section for multifamily residential master meter service; and
(3) The applicable charge for each space will be multiplied by the number of
spaces in the project served by the meter to determine the monthly water
service charge for the project.
(d) Commercial units
(1) lndividuallymetered units. Each commercial unit individually metered for
the consumption of water shall be charged a monthly water service charge
based the meter size and upon the amount of water consumed, as
determined by the meter reading, applied to the rate schedule in
subsection (a) of this section for nonresidential service.
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(2) Jointlymetered units The monthly water service charge for multiunit
commercial projects, with units not individually metered for water, shall
be based on the meter size, and the amount of water consumed, as
determined by the meter reading, applied to the rate schedule in
subsection (a) of this section for nonresidential service.
(e) Combinations of residential dwelling units and commercial units. The applicable
monthly water service charge for a complex containing a combination of dwelling
units and commercial units, with units not individually metered for water, shall be
shall be based on the meter size, and the amount of water consumed, as determined
by the meter reading, applied to the rate schedule in subsection (a) of this section for
nonresidential service.
(fl Service forproperty outside the city. A person outside the city limits and authorized
by the director of utilities to receive water service shall pay in accordance with
subsection (a) of this section for the applicable service or any other amount as may be
established and approved in writing by the city council pursuant to a water supply
agreement.
(g) Volume users A user of water that:
(1) Either:
a. Is located within the corporate limits who qualifies for tax abatement
under the city's tax abatement policy; or
b. is located within an established industrial district and has in effect an
industrial district agreement with the city; and
(2) Uses a minimum of 400,000 gallons of water per day, shall be billed a
customer charge, a base charge based on meter size, and the amount of
water consumed, as determined by the meter reading, applied to the rate
schedule in subsection (a) of this section for high -volume user service. The
minimum usage shall be determined by dividing the total consumption
during the billing period by the number of days in the billing period to
determine the daily usage. Any user or customer who does not pay the
amount due by the due date indicated on his statement shall be charged a
late charge, as provided in section 98-61.
(h) Recreational vehicle parks The monthly water service charge for recreational vehicle
parks shall be determined in accordance with subsection (d)(1) of this section as if it
were a commercial unit individually metered.
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(Code 1967, § 31-56; Ord. No. 943, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1351, §§ 1, 2,
1-25-73; Ord. No. 2328, § 1, 10-13-77; Ord. No. 2426, § 1, 3-9-78; Ord. No. 2738, § 1, 9-27-79; Ord.
No. 3054, § 1, 1-8-81; Ord. No. 3120, § 1, 4-9-81; Ord. No. 4548, § 1, 9-25-86; Ord. No. 5101, § 1,
9-22-88; Ord. No. 5645, § 1, 9-27-90; Ord. No. 6006, § 1, 9-26-91; Ord. No. 6349, § 1, 9-24-92; Ord.
No. 6427, § 1, 11-12-92; Ord. No. 6777, § 1, 9-23-93; Ord. No. 6836, § 1, 10-10-93; Ord. No. 7097, §
1, 9-22-94; Ord. No. 7392, § 1, 9-14-95; Ord. No. 7622, § 1, 2-8-96; Ord. No. 8061, § 1, 9-11-97; Ord.
No. 8151, § 9, 12-16-97; Ord. No. 8677, §§ 1, 2, 9-9-99; Ord. No. 9225, §§ 1, 2, 9-13-01; Ord. No.
9379, §§ 1, 2, 7-11-02; Ord. No. 9416, §§ 1, 2, 9-12-02; Ord. No. 9629, §§ 1, 2, 9-25-03; Ord. No.
9854, § 2, 8-26-04; Ord. No. 9869, §§ 1-3, 9-9-04; Ord. No. 10,158, §§ 1, 2, 9-27-05; Ord. No.
10,403, H 1, 2, 9-14-06; Ord. No. 10,704, §§ 1, 2, 9-13-07; Ord. No. 10,962, §§ 1, 2, 9-22-08; Ord.
No. 11,308, § 4, 2-25-10; Ord. No. 11,494, § 1, 11-11-10; Ord. No. 11,717, § 1, 9-8-11; Ord. No.
12,331, § 1, 9-12-13; Ord. No. 12,624, § 1, 8-28-14)
Sec. 98-60. - Flat -rate service prohibited, separate metering required.
(a) No connections for flat -rate water service shall be allowed by the city waterworks
system.
(b) Every single-family dwelling house constructed in the city shall be separately metered
for water service. This subsection shall apply to the remodeling or altering of any
existing house, garage or other building where an additional family dwelling is to be
added or where the cost of such remodeling or alteration exceeds 50 percent of the
original cost of such house or building.
(c) Each multi -unit residential establishment and each commercial establishment shall be
either:
(1) Individually metered for water service or
(2) Jointly metered for water service if the utility account is opened by and
remains in the name of the owner of the properly on which such
establishment is located.
All meters for multi -unit residential establishments and commercial establishments must be
installed at the road right-of-way line.
(d) If a multi -unit residential establishment or a commercial establishment is connected
to the city system in a manner other than as prescribed in subsection (c) on October
29, 2009, the city, when it becomes aware of such condition, shall send notice by
certified mail to the last known address of the owner of the property as recorded in
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the appraisal records of the appraisal district in which the property is located and, if
known based upon a search of the city's utility records, to the tenant at the address
listed on the city's utility records. A notice which the United States Postal Service
returns as "refused" or "unclaimed" shall not affect the validity of the notice; and the
notice shall be considered delivered seven days after mailing the same. Such notice
shall be sufficient if it generally describes and gives notice that the establishment is
connected in violation of this section and advises that violation must be corrected
within 365 days after receipt of such notice. If new service or a change in service is
requested during such 365-day period, compliance with subsection (c) shall be
required in order to reestablish water service.
(e) Any person who shall violate this section shall, upon conviction, be punished as
provided in_secdon 1-14.
(Code 1967, § 31-57; Ord. No. 943, § 4, 11-7-68; Ord. No. 2328, § 1, 10-13-77; Ord. No. 11,224, § 1,
10-19-09)
Sec. 98-61. - Billing; payment, late charge; discontinuance of service.
(a) Water meters shall be read monthly and each customer shall be billed monthly. Each
water bill shall have a precalculated and stated due date, which shall be
approximately 14 days from the day the bill is to be mailed. If a water account is not
paid by the due date, the customer shall be charged a late charge in the amount of
ten percent of the amount of the water charge, which shall be shown as the gross
amount on the bill. If the gross amount is not paid within 12 days after the indicated
due and payable date, the city reserves the right to terminate water service as
provided in subsection 98-62(i) and shall not restore service until the charges are paid,
including reconnect charges.
(b) The provisions of subsection (a) of this section pertaining to a late charge of ten
percent for the late payment of water bills shall not apply to political subdivisions
organized under state law or to official public agencies or either the federal or state
government.
(Code 1967, § 31-58; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1081, § 1, 3-25-71; Ord. No. 2328, § 1,
10-13-77; Ord. No. 4459, § 1, 5-22-86)
Sec. 98-62. - Procedures and remedies for nonpayment of bills.
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(a) If any person shall permit any waste or use of water contrary to law, the city reserves
the right to cut off and discontinue water service until all past due charges have been
paid and any required deposit has been made and further until any and all
objectionable conditions pertaining to the waste or use of water have been corrected
to the satisfaction of the director of finance.
(b) If the water meter has been turned off for nonpayment of charges for water services
and it is turned on again by anyone other than authorized personnel a $35.00 broken
lock fee will be assessed. If it becomes necessary to pull the meter, an additional
$65.00 pull meter fee will be added to the account. If when, in the opinion of the utility
billing manager, the turning off of the water at the curb stop or removal of the meter
or the locking of the curb stop is not sufficient protection for the city against the use
of water, waste or misuse of water, the utility billing manager may cause the water to
be cut off and the service line to be cut and plugged. If the meter technicians have to
pull an illegal "straight line," the police will be called and a $185.00 pull straight line
fee assessed. Upon a reapplication for water service all applicable fees and
unauthorized consumption must be paid.
(c) if the water meter has been turned off for nonpayment of charges for water or
sanitary sewer services and the customer has complied with the requirements of the
city and is entitled to have the water turned on again, the following reconnection
charges will be made, as applicable:
(1) If the service is to be reconnected at the customer's request between the
hours of 8:00 a.m. and 5:00 p.m. of any weekday from Monday through
Friday, except holidays authorized by the city council for city employees,
there is no additional charge; or
(2) If the customer requests that service be reconnected at any other time
than that stated in subsection (c)(1) of this section, the charge will be
$50.00.
(d) If any person gives the city a check for the payment of water services that is not
honored by the drawee bank for any reason or an automatic bank withdrawal is
returned unpaid, the city reserves the right to cut off and discontinue water service
until all charges due have been paid, including, but not limited to, the processing fee
established in section 2-619 of this Code.
(e)
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If any person damages or destroys any city property used for measuring or
distributing water, the director of finance shall collect from such person a sum equal
to such destroyed or damaged property, but not less than $10.00. A $35.00 service
charge will also be assessed to make the needed repairs.
(f) Customers may request their meters be reread once a year at no charge. Subsequent
requests will be assessed a $10.00 reread meter fee, if the reading is accurate. If the
reading is incorrect, no fee will be assessed and the account will be adjusted to reflect
the correct reading. If any person requests that his water meter be tested, the city
utility billing division shall test the meter. If the meter test shows that the meter
registers more water than actually consumed, the last bill shall be corrected according
to the test result, and the meter shall be repaired or replaced. If the meter test shows
that the meter correctly registers or registers less water than actually consumed, the
customer shall be charged a meter test fee. The meter test fee for five -eighths -inch
and one -inch meters is $25.00. Meter tests for meters larger than one inch will be
billed actual cost.
(g) Any or all of the charges and fees provided by this section may be included in the
regular or special billing of the city utility billing division and shall be in addition to all
other charges or fees provided by this article.
(h) It shall be unlawful for any person to hinder or interfere with any utility billing division
employee or agent who is delivering water termination notices pursuant to subsection
(1)(2) of this section. It shall further be unlawful for any person, other than an occupant
of the premises to which notice is delivered, to remove a water termination notice
delivered by the utility billing division from any premises to which the utility billing
division delivered that notice.
(i) Nonemergency termination.
(1) Generally. Whenever the city is authorized to terminate a customer's
water services against that customer's consent and under this section or
whenever the city otherwise terminates water services to a customer in a
nonemergency situation other than by the customer's request, the city
shall first provide notice in the form and manner described in this
subsection to the customer and shall afford the customer an opportunity
for a hearing in the form and manner described in this subsection before
the termination of the services. If, after the city has complied with the
notice requirements as described in this subsection, the customer does
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not request a hearing for review of the termination within the specified
time, the city may terminate water services to the customer on the day
and at the time specified in the notice to the customer or within five
calendar days thereafter. Any time elapsing after the declared termination
date, the elapsing of which is due to the pendency of a hearing or the
extension of time granted pursuant to a hearing, shall not be considered
when calculating the five days in which the city may terminate water after
a declared termination date.
(2) Notice. Notice must be sent to a water customer at least eight days prior
to the proposed termination date of the services to that customer if notice
is sent by mail, or at least five days prior to termination if notice is
delivered by the utility billing division. The notice may be incorporated into
the customer's monthly bill, sent by certified letter, or hand delivered to
the customer by a utility billing division employee or other person
designated by the city to deliver such notices. The notice must be written
and clearly communicate the following information:
a. The name of the customer whose service is proposed to be
terminated;
b. The address where service is proposed to be terminated;
c. The reason for the proposed termination, including the amount of
delinquency, if nonpayment of charges is the reason for termination;
d. The day and time on which the water service will be terminated,
unless conditions bringing about the termination are sooner
remedied;
e. The customer has the right to appear and be heard at a hearing to
contest the proposed termination prior to the date of termination;
f. The means by which the customer may arrange for such a hearing;
and
g. The date by which the customer must request and set the hearing in
order to receive it, which deadline may be no earlier than one day
prior to the termination date, nor may that deadline ever be sooner
than five days from the date of sending the notice, the five days not
including weekdays on which city offices are closed or holidays.
(3)
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Affidavit of failure to receive notice. After the deadline for requesting a
hearing, as described in subsection (i)(2)g of this section, has passed, a
customer may still request a hearing to review the decision to terminate
the customer's water service within ten days of the deadline upon
presentation to the city manager of an affidavit declaring that the
customer, through no fault of that customer, did not receive notice of
termination in time to act upon the notice. When a hearing pursuant to
this subsection is requested, the city manager shall as soon as practicable
make a determination of whether the appeal appears to be meritorious,
and if the city manager finds it is meritorious the city manager shall order
the continuation or restoration of services pending the appeal. If the
hearing officer finds in favor of the customer, the hearing officer may
order restoration of service.
(4) Notice to tenants. If the customer to whom water service is proposed to
be terminated is a landlord who supplies water services to tenant water
users, the city shall attempt to give notice to the tenant water users
pursuant to subsection (1)(2) of this section.
(5) Hearing. If any customer requests a hearing to review the decision to
terminate that customer's water services, the hearing shall be presided
over by the city manager or any fair and neutral person he may appoint,
which person must be of managerial employment and not Involved in the
original decision to terminate services, in this context known as the
hearing officer. The hearing shall be held no sooner than the next
business day or later than 15 business days after being requested by the
customer. The hearing officer may in his discretion delay or advance the
hearing time upon showing of good cause by the customer. At the hearing
the customer shall be given the opportunity to be heard in person to
present the customer's case, to present testimony from other persons and
to admit documents. The customer may be represented by counsel,
though the city shall not provide counsel to the customer. The customer
shall be given the opportunity to confront and cross examine any
witnesses appearing against him at the hearing. The customer may
request that a representative of the utility billing division be present at the
hearing and be subject to questioning. However, the rules of evidence or
procedure for civil or criminal trials need not be enforced. The city's
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reasons for terminating the customer's water service shall be stated at the
hearing. Upon reaching a final decision, the hearing officer shall state his
reasons for reaching that decision and shall state the evidence on which
the hearing officer relied in reaching those conclusions If the hearing
officer finds In favor of the customer, the customer's water service shall
continue. if the hearing officer finds against the customer, the customer's
water service shall be terminated. The hearing officer shall have the power
to grant extensions, modify billings and fashion other reliefs as would be
equitable.
(j) When the water meter has been turned off for nonpayment of charges for water
service, sanitary sewer service, garbage collection service or if the water meter has
been turned off for payment of utility services with a check that is not honored by the
drawee bank for any reason, a cutoff fee will be charged in the amount of $35.00.
Nonresidential customers whose doors are tagged prior to disconnection will be
assessed a $25.00 tag door fee. When it is necessary to tag tenant's doors of a
multifamily residential development prior to disconnection, a $100.00 tag apartments
fee will be imposed.
(Code 1967, § 31-59; Ord. No. 943, § 6, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 2328, § 1, 10-
13-77; Ord. No. 3628, § 3, 5-26-83; Ord. No. 3966, § 1, 10-11-84; Ord. No. 4458, § 1, 5-22-86; Ord.
No. 6005, §§ 2, 3, 9-26-91; Ord. No. 10,366, § 3, 7-26-06; Ord. No. 10,366, § 3, 7-27-06; Ord. No.
11,308, § 5, 2-25-10)
Sec. 98-63. - Metering water bypassing sewer system.
(a) Any commercial, industrial, multiunit, public utility or public school owning or having
control of property on which there is located one or more facilities requiring water
and such water provided to any one or more of such facilities is not discharged into
the city sanitary sewer system may, at the owner's own expense, have installed by the
city a water meter of a type and design and at a location approved by the director of
utilities.
(b) Any facility that does not discharge into the city's sewer system when the water is
furnished by the city's water system shall be metered by a city water meter connected
to a separate service line from the city water main and located in the utility easement,
upon the making of application therefor by the owner of such property and making
the required deposits and paying the cost of meter installation and tap fees provided
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for by this article. Such meter shall be read by the city's meter readers and will be
subject to the established water rates and charges of the city the same as any other
metered water connection to a city main.
(c) No person shall be allowed to disconnect a water meter that meters a facility not
discharging into the city's sanitary sewer system as stated in this section and then
reconnect such meter to the city's water system within a 12-month period.
(d) Any person representing to the city that the facility for which a meter is installed,
under this section, does not discharge waste into the city's sanitary sewer system
when in fact it does or any person having facilities for which such a meter is installed
who subsequently connects such facility to the city's sanitary sewer system without
notifying the director of utilities shall be punishable as provided in section 1-14.
(Code 1967, § 31-61; Ord. No. 3317, § 1, 2-11-82)
Sec. 98-64. - Study to determine charge when portion of water bypasses sewer.
(a) This section shall apply to those water users stated in section 98-63 who have facilities
connected to the city sanitary sewer system and who make application to the director
of utilities under this section.
(b) Any water user owning or having control of property on which there is located one or
more facilities requiring water and such water provided to any such facility is not
discharged Into the city sanitary sewer system may make application to the director of
utilities requesting that a study of the applicant's property and facilities be made for
the purpose stated in this section and paying the fee required in this section.
(c) Requests for service under this section shall be made to the director of utilities. The
applicant shall furnish all the information and other matters requested therein. The
fee for making any study under this section shall be $35.00. No fee shall be required
for studies initiated by the director of utilities subsequent to the first application. The
fee is to reimburse the city for the expense of making the study. Each applicant shall
agree, as a condition precedent to the director of utilities conducting the study and
tests provided for in this section, including those initiated by the director of utilities, to
indemnify and hold harmless the city from any and all such liability for any act or
omission by the city, its agents and employees committed while conducting the
studies and tests, causing or resulting in damages to the property or person of the
applicant, his agents, employees and invitees.
(d)
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Upon receipt of a request and the fee required in this section, the director of utilities
will, as soon as possible, make a study of the applicant's property and facilities. When,
in the opinion of the director of utilities, based upon a study of the property and
facilities of the applicant, it is impractical or unfeasible for the applicant to install one
or more meters to measure the amount of water passing through the water meter
serving such property and not being discharged into the city sanitary sewers, the
director of utilities is authorized to deny such request.
(e) The director of utilities is authorized, at his discretion or on written request from an
applicant, to make such additional studies from time to time of any such property and
facilities to check the current accuracy of the filed study on any such property, and a
new study based upon the latest available data shall be filed with the director of
utilities to replace the prior one. No change in the basis of computing the sewer
service charge for any property will be made until the first billing date after the filing
by the director of utilities of the first or any subsequent report. Requests by an
applicant for a restudy under this subsection will not be accepted or acted on more
often than once in every 12-month period (annually) subsequent to the filing of the
first report on the applicant's property.
(f) If it is necessary that certain testing instruments be installed or that existing
equipment or facilities located on the applicant's property be altered, adjusted,
disconnected or temporarily moved in order to facilitate the making of an engineering
study or test under this section, all of such shall be done by and at the expense of the
applicant.
(Code 1967, § 31-62; Ord. No. 3317, § 1, 2-11-82)
Sec. 98-65. - Liens.
(a) Water. Liens for unpaid water charges shall be filed according to the following:
(1) After the city has terminated a customer's water pursuant to subsection
98-62(i) or after the city terminates water service at the customer's
request, the supervisor of the utility billing division shall file a lien on the
property served by the terminated water service and in the amount the
customer whose service was terminated owed to the city for water service
at the time of the termination of services.
(2)
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If a property receives water services illegally, without having an account
with the city utility billing division, the supervisor of the utility billing
division shall file a lien against that property in the amount of the proper
charge for the water actually used or, if there is no way of determining the
amount of water used, in the amount of the minimum monthly water
charge that would have been charged to that property had a legitimate
account been opened, multiplied by the number of months during which
that property Illegally received such water services.
(b) Garbage collection. Liens for unpaid garbage collection service shall be filed as
follows:
(1) After the city has terminated a customer's water service pursuant to
subsection 8-59(i) or after the city terminates water service or garbage
service at the customer's request or after a customer without water
service becomes more than $50.00 delinquent for garbage service alone,
the supervisor of the utility billing division shall file a lien on the property
serviced by garbage collection service and in the amount the customer
whose service was terminated owed to the city for garbage collection
service at the time of the termination of services.
(2) If a property receives garbage collection services illegally, without having
an account with the city utility billing division, the supervisor of the utility
billing division shall file a lien against that property in the amount of the
minimum monthly garbage collection charge that would have been
charged to that property had a legitimate account been opened,
multiplied by the number of months during which that property illegally
received such garbage collection services.
(c) Sewerservice. Liens for unpaid sewer service shall be filed as follows:
(1) After the city has terminated a customer's water service pursuant to
subsection 98-62(i) or after the city terminates water service or sewer
service at the customer's request or after a customer without water
service becomes more than $50.00 delinquent in payment for sewer
charges alone to the city, the supervisor of the utility billing division shall
file a lien on the property served by the water service and in the amount
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the customer whose service was terminated owed to the city for sewer
service at the time of the termination of services or the accumulation of
the delinquency in payment for sewer services.
(2) If a property receives sewer services illegally, without having an account
with the city utility billing division, the supervisor of the utility billing
division shall file a lien against that property in the amount of the
minimum monthly sewer charge that would be have been charged to that
property had a legitimate account been opened, multiplied by the number
of months during which that property illegally received such sewer
services.
(d) Exemptions No lien for water charges, garbage collection charges, or sewer charges
shall be placed on a property if.
(1) A customer owes less than $50.00 for the aggregate sum of water charges,
garbage collection charges and sewer charges;
(2) The customer is not delinquent in payment for water charges, garbage
collection charges, or sewer charges;
(3) The city knows the property to be a homestead as defined by the state
constitution; or
(4) The city knows the property to be a single-family dwelling house and the
delinquent water charges, garbage collection charges, or sewer charges to
be for services provided to a residential consumer who is not the owner of
the property.
(e) Mingprocedures. Any lien authorized by this section shall be filed with the county
clerk or with the county clerk of the county in which the property to which the lien will
be attached is located. The city shall then have a privileged lien on as many lots or
pieces of property as the terminated services previously served and are described on
the lien instrument by metes and bounds or by city lot and block description or by any
other adequate description. The lien shall secure the charges made by the city for the
services rendered to that property. Such a lien shall be filed pursuant to the authority
granted in Vernon's Ann. Civ. St. art. 1175, § 11; V.T.C.A., Local Government Code §§
51.072 and 402.017; and state constitution article XI, section S. The lien shall bear
Interest at a rate of ten percent per annum. The supervisor of the utility billing division
shall add to any lien filed pursuant to this section that amount of the filing fee
charged by the county clerk for filing that lien. The lien shall be effective against that
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property if the account holder or user of services at that property was either the
owner of that property, a tenant of that property or a permissive holder of that
property or an adverse possessor of that property. For any charges for which the lien
authorized by this section is designed to secure, suit may be instituted and recovery in
the foreclosure of that lien may be had in the name of the city. The city attorney is
authorized to file such suits in a state court of competent jurisdiction.
(fl Notice and hearing. After the filing of a lien pursuant to this section, the supervisor of
the utility billing division shall within 30 days of the filing of that lien give the owner of
that property and the account holder notice that such a lien has been filed on that
property and shall inform the owner and account holder of their rights of appeal.
Within 30 days of the postmark of the notice sent to the property owner or account
holder, the property owner or account holder may appeal the decision to impose the
lien on that property to the city manager or any fair and impartial person whom the
city manager may designate. The city manager shall authorize the release of the lien if
the property owner or account holder shows that no bill for the services to this
property encumbered by the lien is owing or if the property owner shows that the
encumbered property is and at all times, from the hour of filing of the lien until the
time of the appeal, has been a homestead as defined by the state constitution. The
city manager may modify or release the lien to reflect the true amount of delinquency
in payment for services to the property if the owner or account holder demonstrates
that a lesser bill is owing than the lien alleged or if the supervisor of the utility billing
division cannot show that all the lien alleged is owing. The person last listed on the tax
records of the county in which the property is located as being the owner of any given
piece of property shall be presumed to be the owner for purposes of this subsection,
and the address listed for the owner on the tax records shall be presumed to be the
address of the owner.
(g) Reconnection ofservices. No water, garbage or sewer services shall be provided to
property encumbered by a lien filed pursuant to this section, except as otherwise
required by V.T.C.A., Local Government Code § 552.0025. Notwithstanding this
prohibition, the supervisor of the utility billing division shall be authorized to
reconnect water, garbage and wastewater services if the customer agrees in writing to
pay the accrued water and wastewater charges for such property in accordance with a
payment schedule acceptable to the supervisor of the utility billing division and the
customer also agrees to pay all current and future water and wastewater charges as
they come due.
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(h) Release. Whenever a person pays all principal, interest and the filing fee of a lien
validly filed pursuant to this section, the supervisor of the utility billing division shall
execute a release of that lien and surrender it to the paying party. The release shall be
prepared and approved as to form by the city attorney and shall be duly notarized.
The city shall not be responsible for filing that release.
V) Effect ofsection. This section is cumulative of any other remedies, methods of
collection or security available to the city under the Charter and city ordinances or
under state law.
(Code 1967, § 31-63; Ord. No. 6005, § 4, 9-26-91; Ord. No. 11,624, § 1, 4-14-11; Ord. No. 11,646, H
2-4, 5-26-11; Ord. No. 11,893, § 1, 3-8-12)
Secs. 98-66-98-89. - Reserved.
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Exhibit "E"
Pagel of 9
ARTICLE IV. - SEWER SERVICED]
Sec. 98-90. - Plumbing connections to sewer lines.
All plumbing fixtures installed within a structure, whether residential or nonresidential, shall
be connected to sewer lines that discharge into a public sewer system if such line lies within 300
feet of other approved means of disposal. Plumbing fixtures not connected to a public sewer
system shall be connected to an approved sewage disposal system. Such private sewage disposal
system shall be constructed and repairs or additions made in accordance with the applicable
regulations of the city. No sewage from a plumbing system shall be discharged into state waters,
unless specially approved by the authority having Jurisdiction in accordance with state law.
(Ord. No. 11,803, § 18, 11-21-11)
Sec. 98-91. - Sewer service charge.
(a) Residential dwelling units. The sewer service charge for residential dwelling units shall
be as follows:
(1) individually metered for water consumption. Each residential dwelling unit
individually metered and billed for the consumption of water shall be
charged for and shall owe each month a sewer service charge based upon
the consumption of water attributed to it as determined by article III of
this chapter relating to water charges, applied to the following usage and
the rate schedule for sewer service:
Wastewater Service —Rate Schedule
Individually Metered Single -Family Residential
Inside City
Outside Citv
Base Facility Charge:
Per dwelling unit
$7.53
$15.05
Customer Charge:
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Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
$2.60
$3.91
Over 2,000-12,000 gallons per unit
$5.63
$8.45
Over 12,000 gallons per unit
No charge
No charge
(2) Joint/ymetered for water consumption. Multifamily dwelling unit projects
not individually metered for water shall be charged for and shall owe each
month a sanitary sewer charge based upon consumption of water
attributed to it as determined by article III of this chapter relating to water
charges applied to the following usage and the rate schedule for sewer
service:
Wastewater Service --Rate Schedule
Multifamily Residential Master Meter Service
Inside City
Outside Citv
Base Facility Charge:
Per dwelling unit
$7.53
$15.05
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
$2.60
$3.91
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Over 2,000 gallons per unit $5.63 $8.45
Unit = Constructed, regardless of whether occupied.
(b) Commercial units. Each commercial unit shall be charged for and shall owe each
month a sanitary sewer service charge based upon the consumption of water
attributed to it, applied to the following usage and the rate schedule for sewer service:
Wastewater Service —Rate Schedule
Nonresidential Service
Inside C tv_
Outside City
Base Facility Charge:
Per meter by meter size
5/8 " x 3/a"
$7.53
$15.05
3/4"
$11.31
$22.59
1"
$18.83
$37.67
1 Yz"
$37.67
$75.32
2"
$60.26
$120.51
3"
$120.51
$241.02
4"
$188.31
$376.60
6"
$376.60
$753.21
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8"
1 011
$602.56
$1,205.13
$866.20
$1,732.37
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
All use
$5.63
$8.45
(c) Manufactured home parks Manufactured home parks shall be charged for and owe a
sanitary sewer service charge based upon consumption of water attributed to it as
determined by article III of this chapter relating to water charges applied to the
following usage and the rate schedule for sewer service:
Wastewater Service —Rate Schedule
Multifamily Residential Master Meter Service
Inside C�
Outside City
Base Facility Charge:
Per dwelling unit
$7.53
$15.05
Customer Charge:
Per bill issued
$3.62
$7.24
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 gallons per unit
$2.60
$3.91
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Over 2,000 gallons per unit L5.63 $8.45
Unit = Total spaces, regardless of whether occupied.
(d) Volume users A sanitary sewer service customer within the corporate limits who (i)
qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more
than 400,000 gallons of water per day shall be charged and shall owe each month a
sewer service charge based upon (i) the consumption of water attributed to it as
determined by article III of this chapter relating to water charges; or (ii) the actual
wastewater flow as determined by a metering system approved by the city. Such
charges shall be applied as follows:
Wastewater Service —Rate Schedule
High -Volume User Service
With City
Water Service
Without City
Water Service
Base Facility Chafe:
Per meter by meter size
5/8 " x 3/a"
$7.53
$7.84
3/"
$11.31
$11.74
1"
$18.83
$19.58
1 Yz"
$37.67
$39.17
2"
$60.26
$62.66
3"
$120.51
$125.32
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Baytown, TX Code of Ordinances
Page 6 of 9
4"
6"
8"
$188.31
$195.84
$376.60
$391.66
$602.56
$626.66
10"
$866.20
$900.84
Customer Charge:
Per bill issued
$3.62
$3.77
Gallonage Charge (Per Thousand Gallons):
All use
$4.17
$4.32
(Code 1967, § 31-65; Ord. No. 944, § 2, 11-7-68; Ord. No. 1015, § 1, 2-12-70; Ord. No. 1465, §§ 1, 2,
9-13-73; Ord. No. 1668, §§ 1, 2, 9-26-74; Ord. No. 2550, § 1, 9-28-78; Ord. No. 2738, § 3, 9-27-79;
Ord. No. 2974, § 2, 9-25-80; Ord. No. 3680, § 1, 9-22-83; Ord. No. 4548, § 2, 9-25-86; Ord. No. 5644,
§§ 1, 2, 9-27-90; Ord. No. 6006, § 2, 9-26-91; Ord. No. 6349, § 2, 9-24-92; Ord. No. 6777, §§ 2, 3,
9-23-93; Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2, 9-14-95; Ord. No. 8061, § 2, 9-11-97; Ord.
No. 8151, § 10, 12-16-97; Ord. No. 8677, §§ 3, 4, 9-9-99; Ord. No. 9225, §§ 3, 4, 9-13-01; Ord. No.
9416, §§ 3, 4, 9-12-02; Ord. No. 9629, §§ 3, 4, 9-25-03; Ord. No. 9869, §§ 4, 5, 9-9-04; Ord. No.
10,158, §§ 3, 4, 9-27-05; Ord. No. 10,403, §§ 3-5, 9-14-06; Ord. No. 10,704, §§ 3, 4, 9-13-07; Ord.
No. 10,962, §§ 3-5, 9-22-08; Ord. No. 11,308, § 6, 2-25-10; Ord. No. 11,494, § 2, 11-11-10; Ord. No.
11,717, § 2, 9-8-11; Ord. No. 12,331, § 2, 9-12-13; Ord. No. 12,624, § 2, 8-28-14)
Sec. 98-92. - Charge for users without water or outside city.
(a) Users without water. A person not connected to the city waterworks system shall be
billed monthly by the utility billing division for sanitary sewer services at a rate
determined by the utility billing supervisor, which rate shall be consistent with the
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Baytown, TX Code of Ordinances page 7 of 9
regular sewer service charge of similar type premises or users receiving service from
the city. If a person desiring service uses water or maintains premises in such a
manner that a similar type user or premises cannot be found, the utility billing
supervisor may recommend for approval to the city council such service charge and
conditions as he deems appropriate.
(b) Users outside city limits.
(1) A person outside the city limits and authorized by the director of utilities
to receive sewer service from the city shall pay a monthly sewer service
charge equal to:
a. The sum of:
1. Two times the city's minimum monthly rate for users within the
corporate limits and
2. One and one-half times the rate for any additional usage
charged to a user situated within the corporate limits, except
that the maximum charge specified in subsection 98-91(b)(1)
shall not be applicable; or
b. Any other amount as may be otherwise established and approved in
writing by the city council pursuant to a wastewater disposal
agreement.
(2) A person outside the city limits and not connected to the city waterworks
system shall be billed monthly by the utility billing division for sanitary
sewer services at a rate determined by the utility billing supervisor that
produces a charge of twice the city's minimum charge and 1 Y2 times the
rate for additional charges, such charges to be based upon the regular
sewer service charge of similar type premises or users receiving service
from the city within the city limits, except that the maximum charge
specified in subsection 98-91(b)(1) shall not be applicable.
(Code 1967, § 31-65.1; Ord. No. 2209, § 1, 4-14-77; Ord. No. 2426, § 2, 3-9-78; Ord. No. 3824, § 1,
4-12-84; Ord. No. 6836, § 2, 10-10-93; Ord. No. 7622, § 2, 2-8-96; Ord. No. 9869, § 6, 9-9-04, Ord.
No. 10,704, § 5, 9-13-07)
Sec. 98-93. - Billing; payment; penalty; discontinuance of service.
(a)
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For convenience of collection, the sewer service charge shall be added to the monthly
water bills prepared by or for the city, and collection of the charge shall be made by
the utility billing division at the time of payment of the monthly water bill covering
service to a residence, apartment project, business or other enterprise of whatsoever
nature. Employees or agents of the city shall not accept payment of the water bill
from any such owner, occupant, tenant or lessee without collecting the full amount of
the bill, including the sanitary sewer service charge.
(b) If the sewer service charge is not paid by the due date shown on the customer's water
bill, the customer shall be charged a late charge in the amount of ten percent of the
amount of such sewer charge, which shall be shown as the gross amount on such bill;
if not paid by the next billing date, such gross amount will be shown in arrears on the
customer's bill for the next month following. If the total amount of the following
month's sanitary sewer charges, including arrears and current sanitary sewer service,
Is not paid by the due date specified on such month's bill, ten percent of the following
month's sewer service charge shall be added as a late charge, and the total of the two
months' charges will then be in arrears. A notice will be sent to a customer showing
the total amount due and specifying a cutoff date for the discontinuance of water
service or sewer service. If the account is not paid in full by such cutoff date, the city
shall reserve the right to cut off and discontinue water service and sewer service until
all past due charges have been paid, together with applicable reconnection charges.
(c) A person not connected to the city waterworks system and not owing water service
charges will be billed by the utility billing division for sanitary sewer services on an
individual basis.
(Code 1967, § 31-66; Ord. No. 944, § 3, 11-7-68; Ord. No. 1015, § 1, 2-12-70)
Sec. 98-94. - Tapping fees.
(a) The utility billing division shall assess and collect a sewer tap fee of $600.00 for a short
side sewer tap and $650.00 for a long side sewer tap for each and every four -inch
sewer tap made within the city limits. All other taps (six inches and larger) and other
special connections shall be made by a plumbing contractor or, at the city's option, at
the estimated actual cost as determined by the utility billing manager with
consultation of the director of utilities.
(b)
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Baytown, TX Code of Ordinances Page 9 of 9
The owner may, at his option and expense, have any four -inch sewer tap made by a
licensed master plumber. A sewer tap permit shall be obtained by application with the
plumbing inspector. No fee will be charged by the city for such a sewer tap. The sewer
tap is subject to inspection by the plumbing inspector and must be constructed
according to the city engineer's specifications for sewer taps.
(c) Any person who taps a sewer line without a permit or in violation of this section shall
be punished as provided in section 1-14.
(d) If a person pays for a sewer tap and fails to have the tap made within one year from
the date such tap fee is paid, the city shall not allow the sewer tap to be made unless
the person requesting the tap pays such additional amount necessary to increase the
original payment to the current cost of a sewer tap.
(Code 1967, § 31-67; Ord. No. 944, § 5, 11-7-68; Ord. No. 1015, § 3, 2-12-70; Ord. No. 1752, §§ 3, 4,
2-27-75; Ord. No. 2061, § 1, 8-12-76; Ord. No. 2356, § 1, 10-27-77; Ord. No. 2738, § 3, 9-27-79; Ord.
No. 2974, § 2, 9-25-80; Ord. No. 3628, § 2, 5-26-83; Ord. No. 5644, § 3, 9-27-90; Ord. No. 9226, § 2,
9-13-01; Ord. No. 11,308, § 7, 2-25-10)
Sec. 98-95. - Water bypassing sewer system.
A person shall not be charged for sewer service based on water consumption, as delineated
In this article, where such user has a facility not discharging into the city's sanitary sewer system
and metered under sections 98-63 and 98-64.
(Code 1967, § 31-68; Ord. No. 3317, § 2, 2-11-82)
Secs. 98-96-98-125. - Reserved.
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ORDINANCE NO. 14,050
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE IV "SEWER SERVICE," SECTION 98-
91 "SEWER SERVICE CHARGE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO UPDATE SERVICE FEES; PROVIDING FOR A
PENALTY NOT EXCEEDING FIVE HUNDRED AND NO/100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 98 "Utilities," Article IV "Sewer Service," Section 98-91
"Sewer service charge" of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 98. UTILITIES
ARTICLE IV. SEWER SERVICE
Sec. 98-91. Sewer service charge.
(a) Residential dwelling units. The sewer service charge for residential dwelling units shall
be as follows:
(1) Individually metered for water consumption. Each residential dwelling unit
individually metered and billed for the consumption of water shall be charged for
and shall owe each month a sewer service charge based upon the consumption of
water attributed to it as determined by article III of this chapter relating to water
charges, applied to the following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Individually Metered Single -Family Residential
Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000—12,000 Gallons per Unit $6.08 $9.13
Over 12,000 Gallons per Unit No Charge No Charge
(2) Jointly metered for water consumption. Multifamily dwelling unit projects not
individually metered for water shall be charged for and shall owe each month a
sanitary sewer charge based upon consumption of water attributed to it as
determined by article III of this chapter relating to water charges applied to the
following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Multi -Family Residential Master Meter Service
Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons).
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000 Gallons per Unit $6.08 $9.13
Unit = Constructed, regardless of whether occupied.
(b) Commercial units. Each commercial unit shall be charged for and shall owe each month a
sanitary sewer service charge based upon the consumption of water attributed to it,
applied to the following usage and the rate schedule for sewer service:
Wastewater Service — Rate Schedule
Non -Residential Service
Inside City
Outside City
Base Facility Charge:
Per Meter by Meter Size
5/8" x'/"
$8.13
$16.26
$12.21
$24.42
1"
$20.33
$40.66
1 %2"
$40.68
$81.36
2"
$65.08
$130.16
3"
$130.15
$260.30
4"
$203.37
$406.74
6"
$406.73
$813.46
8"
$650.76
$1,301.52
10"
$935.50
$1,871.00
Customer Charge:
Per Bill Issued
$3.91
$7.82
Gallonage Charge (Per Thousand Gallons):
All Use
$6.08
$9.13
(c) Manufactured home parks. Manufactured home parks shall be charged
for and owe a
sanitary sewer service charge based upon consumption
of water attributed to it as
determined by article III of this chapter relating to water charges
applied to the following
usage and the rate schedule for sewer service:
Wastewater Service - Rate Schedule
Manufactured Home Parks Master Meter Service
(Based upon Multi -Family Residential Master Meter Service)
Inside City Outside City
Base Facility Charge:
Per Dwelling Unit $8.13 $16.26
Customer Charge:
Per Bill Issued $3.91 $7.82
Gallonage Charge (Per Thousand Gallons):
Up to 2,000 Gallons per Unit $2.81 $4.22
Over 2,000 Gallons per Unit $6.08 $9.13
Unit = Total spaces, regardless of whether occupied.
(d) Volume users. A sanitary sewer service customer within the corporate limits who (i)
qualifies for a tax abatement under the city's tax abatement policy and (ii) uses more than
400,000 gallons of water per day shall be charged and shall owe each month a sewer
service charge based upon (i) the consumption of water attributed to it as determined by
article III of this chapter relating to water charges; or (ii) the actual wastewater flow as
determined by a metering system approved by the city. Such charges shall be applied as
follows:
Wastewater Service - Rate Schedule
High -Volume User Service
With Cl ty Without City
Water
Water
Service
Service
Base Facility Charge:
Per Meter by Meter Size
5/8" x'/"
$8.13
$8.47
N422
$12.21
$12.68
1"
$20.33
$21.15
1 %2"
$40.68
$42.30
2"
$65.08
$67.67
3"
$130.15
$135.35
4"
$203.37
$211.51
6"
$406.73
$422.99
8"
$650.76
$676.79
10"
$935.50
$972.91
Customer Charge:
Per Bill Issued
$3.91
$4.07
Gallonage Charge (Per Thousand Gallons):
All Use
$4.50
$4.67
Section 2: Every person convicted of a violation of any provision of this ordinance
herein shall be punished by a fine not exceeding FIVE HUNDRED AND NO 100 DOLLARS
($500.00). Each act of violation and each day upon which any such violation shall occur shall
constitute a separate offense. In addition to the penalty prescribed above, the city may pursue
other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and
revocation of licenses or permits.
Section 3: 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 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances; and to this end, all provisions of this ordinance are declared to
be severable.
Section 5: This ordinance shall take effect on the first complete billing cycle in June
2019. 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 passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 11 th day of April, 2019.
n
y
BRANDON CAPETILLO, ayor
BRYSCH, MClerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., CAy Attorney
C013FSOI Legal\Karc*Filesi City Council Ordinances\2019Wpril 11 SewerUtilityRateOrdinance doc
Exhibit " F" 9>> r ?' o
AMENDATORY CONTRACT BETWEEN
SAN JACINTO RIVER AUTHORITY
AND
THE CITY OF HOUSTON, TEXAS
THE STATE OF TEXAS X
I
COUNTY OF HARRIS I
THIS CONTRACT executed as of the-7.P"eday of
1976. by add between the SAN JACINTO RIVER AUTHORITY, (--SJRA--) a
conservation and reclamation district and political subdivision
of the State of Texas, and the CITY OF HOUSTON, TEXAS, ("the City",
a municipal corporation:
1.
The provisions of Section VII of the contract between the
parties dated March 27, 1944, shall have no application to sales
of Trinity River raw water by the City to the Baytown Area Water
Authority ("BAWA"), a municipal corporation created by Ch. 600,
p. 641, Sixty -Third legislature. Regular Session, 1973, for the
limited purpose of treating and selling the same as potable treated
water to the City of Baytown and other local governmental entities
for distribution through the municipal water systems of such local
governmental entities, such water to be used for municipal purposes
as defined by Rule 129.01.15001-.041, promulgated by the Texas
Water Rights Commission on December 1, 1975. and for no other pur-
poses, and only within the boundaries of BAWA as such boundaries
exist on the date of this contract; PROVIDED, that no such water
shall be sold, distributed or used other than for residential
household and other strictly domestic purposes within the area
bounded by Interstate Highway No. 10 on the north, Sjolander Road
on the west. Archer Road on the south, and Cedar Bayou on the east,
without written consent of SJRA.
2.
The City shall insure that all instruments relating
to the sale of water to BAWA include appropriate covenants on
the part of BAWA to observe the limitations and restrictions
imposed on the City by the contract dated March 27, 1944, as
modified by this contract, and to include covenants in all
sales and contracts for the sale of water by BAWA insuring
compliance with such restrictions and limitations. The word-
ing of the covenants giving effect to such restrictions and
limitations shall be submitted to the General Manager of the
SJRA for approval as to conformity to this paragraph prior to
any sale by the City subject to this contract. The City shal
be responsible for the enforcement of such covenants, but the -
shall also be enforceable by SJRA directly.
3.
In the event any water delivered by the City to BAWA
under this contract is used in violation of such restrictions
or limitations, SJRA shall be entitled to recover from the
City as liquidated damages an amount equal to seventy-five
percent (75%) of the consideration or revenue received by the
City for the estimated amount distributed, sold or used in
violation of such restrictions or limitations, plus all liti-
gation expenses and reasonable attorney's fees. The recovery
of such liquidated damages shall be in addition to all other
remedies available to SJRA.
[IN
In consideration of the foregoing limited waiver by
SJRA of the restrictions and limitations imposed by the
contract dated March 27, 1944, the City shall pay to the SJRA
an amount equal to $50 per day during such period that the
City receives payment from BAWA for water sold under this
waiver, but such payments to SJRA shall not extend beyond a
period of 20 years. Payment shall be made on a quarterly bas.
on or before the loth day of the month following each calendar
quarter.
-2-
5.
The contract shall not be assignable by either party
without the written consent of the other; however the obligatior
imposed hereunder shall be binding on their successors or assign
The waiver provided herein shall be applicable only to sales by
the City to BAWA and shall not be applicable to any sale by
the City to any other entity, including any successors or assign
entity to BAWA, without the written consent of SJRA.
6.
Except as amended by this contract and the contracts
between the parties dated July 19. 1955, *fay 9, 1968 and the
contract dated September 1, 1971, the provisions of the March
27, 1944, contract shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, acting under the
authority of their respective governing bodies have caused this
contract to be executed on this Zy day of 19;
in duplicate originals, each of which shall constitute an origins
ATTEST:
By A«
secretary
SAN JACINTO RIVER AUTHORITY
By z qy�-&&-r-ozolonod& 4" d.
ice- re nt
CITY OF HOUSTON
ATTEST: By
.a r
By
City Secretary
COUNTERSIGNED:
�i
ty ontro er