Ordinance No. 4,287Published in: THE BAYTOWN SUN
Monday, October 14, 1985 51010 -5
Tuesday, October 15, 1985
ORDINANCE NO. 4287
AN ORDINANCE AMENDING CHAPTER 15, "HEALTH AND
SANITATION," TO AMEND THE RUBBISH AND WEED PROVISIONS;
REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF ONE THOUSAND AND NO /100
($1,000.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 15 -38 of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
Section 15 -38. Maintenance of premises.
a) It shall be unlawful for any person owning, occupying or
having supervision or control of any real property, occupied or
unoccupied, within the corporate limits of the City, to permit or allow
any stagnant or unwholesome water, sinks, filth, carrion, weeds,
rubbish, brush, refuse, impure or unwholesome matter of any kind or
objectionable, unsightly or unsanitary matter of whatever nature to
accumulate or remain thereon.
b) An offense under this section is a misdemeanor and
punishable by a fine not to exceed One Thousand and No /100
($1,000,00) Dollars.
Section 2: That Section 15 -39 of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
Section 15 -39. Notice to clean up premises.
Whenever conditions described in Section 15 -37 are found to
exist, the City Health Officer shall give actual notice to the owner or
person having control over the offending premises or shall send notice
by first class mail to the last known address of the owner or the
person having control over the offending premises. Such notice shall be
sufficient if it generally describes the offending premises, gives notice
of the objectionable conditions, advises of the time allowed to cure the
conditions, and the consequences of failure to cure.
Section 3: That Section 15-40 of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
Section 15 -40.
On failure to comply with the notice as set out in Section 15 -39
within ten (10) days, the City shall enter onto such premises and shall
remove and eliminate such offending conditions, in addition to the filing
of any applicable charges under Section 15 -38. The person in charge
of such premises will be charged the actual cost of such removal and
elimination, plus an administrative charge of fifty percent (50%) of the
actual cost, such administrative charge to be not less than Twenty -five
and No /100 ($25.00) Dollars or more than One Hundred and No /100
($100.00) Dollars.
Section 4: That the Code of Ordinances, City of Baytown, Texas, is hereby
amended by adding a section, to be numbered 15 -41, which section reads as follows:
51010 -5a
Section 15 -41. City to have lien on property until charges are paid.
Until all such charges as described in Section 15 -40 are paid,
such property shall be subject to a lien in favor of the city. Such lien
shall be superior to all other levys except tax liens and liens for street
improvement, and shall accrue interest at the rate of 10% per annum.
Section 5: 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 b: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of same to any
person or set of circumstances, shall for any reason be held 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 7: Any person who shall violate any provision of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than Two Hundred and No /100 ($200.00) Dollars.
Section 8: This Ordinance shall take effect from and after ten (10) days from
its passage by the City Council. The City Clerk is hereby directed to give notice
hereof by causing the caption of this ordinance to be published in the official
newspaper of the City of Baytown at least twice within ten (10) days after the
passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 10th day of October, 1985.
ATTEST:
r
EILEEN P. HALL, City Clerk
APPROVED:
d AND Z16iC STRONG, i torney
•
§ 31.62
UTILITIES
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§ 31M
(f) In the event 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 tempo-
rarily moved in order to facilitate the making of an engineering
study or test under the provisions of this section, all of the foregoing
shall be done by and at the expense of the applicant. (Ord. No. 3317,
§ 1, 2- 11 -82)
Secs. 31-63,31-64. Reserved.
ARTICLE V. SEWER SERVICE'
Sec. 31 -65. Sewer service charge.
(A) Rate schedule:
§ 31 -65
UTILITIES
§ 31 -65
(1) Minimum monthly rate ..................... $4.50
(2) Standard rate (per 1,000 gallons in excess of
minimum monthly) 0.85
(B) Residential dwelling units:
(1) Individually metered for water consumption: Each
residential dwelling unit individually metered and
billed for the consumption of water shall be charged
for and owe each month a sewer service charge based
upon the consumption of water attributed to it as
determined by the provisions of this Code relating to
water charges, applied to the following usage and the
rate schedule for sewer service:
Gallons of Water Sewer Service Rate
Used per Month to be Charged
First 2,000 gal-
lons .................... Minimum monthly rate
Next 8,000 gal-
lons per 1,-
000 gallons ............. Standard rate
Thereafter ........... . ..... No charge
(2) Jointly metered for water consumption: Multifamily
dwelling unit projects not individually metered for
water shall be charged for and owe each month a
sanitary sewer charge based upon consumption of
water attributed to it as determined by the provisions
of the Code relating to water charges applied to the
following usage and the rate shcedule for sewer
service:
Gallons of Water
Used per Month
Sewer Service Rate
to be Charged
First 2,000 gallons
times the number
of occupied units... Minimum monthly rate times
the number of occupied units
Supp. No. 44 1227
51114 -3uuu
131-65 BAYTOWN CODE 131-65
Gallons of Water Sewer Service Rate
Used per Month to be Charged
Excess of 2,000 gallons
times the number
of occupied units,
per 1,000 gallons ..... Standard rate
Occupied units in the project shall be taken to be the
total number of units in the project unless the project
manager shall report to the city on the form provided
in Annex "A" the actual number of occupied units as
of the first day of the current month. This report must
be received by the city no later than the tenth day of
the current month.
(C) Commercial units. Each commercial unit shall be
charged for and owe each month a sanitary sewer service
charge based upon the consumption of water attributed to
it, applied to the following usage and the rate schedule for
sewer service:
Gallons of Water
Used per Month
Sewer Service Rate
to be Charged
First 2,000 gallons ........... Minimum monthly rate
Thereafter, 1,000 gallons ... Standard rate
(D) Mobile home parks. Mobile home parks shall be
charged for and owe each a sanitary sewer service charge
based upon consumption of water attributed to it as
determined by the provisions of this Code relating to water
charges applied to the following usage and the rate schedule
for sewer service:
SuM Na 44 1228
431-66
Gallons of water
Used per Month
Excess of 2,400 gal-
lons times the
number of occu-
pied spaces, per
1,000 gallons ......
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131-65
Sewer Service Rate
to be Charged
Standard rate
Occupied spaces in the project shall be taken to be the
total number of spaces in the project, unless the project
manager shall report to the city on the form provided in
Annex "A" the actual number of occupied spaces.
"ANNEX A"
Utility Office Manager
City of Baytown
P. O. Box 424
Baytown, Texas 77520
Dear Sir:
I hereby certify that I am the owner (or manager) of a multi-
family dwelling project located at Street, Bay-
town, Texas. This project is known as the
(indicate the project's name, if applicable). I here-
by certify that the aforementioned project has (num-
ber) units. I further certify that as of the first day of the
current calendar month, there were — (number) occu-
pied units in the project, and that there were (num-
ber) unoccupied unite. I understand that the information
hereby given is to be used by the City of Baytown in comput-
ing the current month's sewer service charge for this project.
I also understand that this information must be received by
the City of Baytown no later than the 10th day of each month
in order to be considered. I further understand that the
information hereby given may be verified at any time upon
the request of the Utility Office Manager of the City of
Baytown.
(Signature) Manager or Owner
0 Supp. No. 59 1229
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Chapter 34
WASTE DISPOSAL
Art. I. In General §§ 34- 1 -34 -10
Art. II. Industrial Waste Ordinances, §§34-11-34-38
ARTICLE I. IN GENERAL'
Sec. 34 -1. Tank truck waste discharge.
It shall be unlawful for any person to discharge any
industrial or domestic waste or wastewater from any tank
truck or vehicle into any sewer, manway, manhole, street or
public sewage treatment plant within the City of Baytown.
(Ord. No. 2397, § 1, 1- 26 -7$)
Secs. 34- 2- 34 -10. Reserved.
ARTICLE II. INDUSTRIAL WASTE ORDINANCE
Sec. 34 -11. Definitions.
For the purpose of this article the fallowing words and
phrases shall have the meanings respectively ascribed to
them by this section:
(1) Approving authority means the city manager or his
duly authorized representative.
(2) B.O.D. (biochemical oxygen demand) means the
quantity of oxygen by weight, expressed in mg /1,
utilized in the biochemical oxidation of organic matter
under standard laboratory conditions for five (5) days
at a temperature of twenty (20) degrees Celsius.
*Editor's note —Ord. No. 2397, 1 1, adopted Jan. 26, 1978, amended the
Code by repealing Art. I, 11 34 -1. 34 -2, which had pertained to tank truck
permits and which were derived from Ord. No. 1765, 1 1, adopted Mar. 3,
1975, and by placing in lieu thereof a new 134 -1 as herein set out.
Supp. No. 33
1276.25
51114 -3yyy
§ 34 -11 BAYTOwN CODE 534-11
(3) Buildiiig sewer means the extension from the build-
ing drain to the public sewer or other place of disposal
(also called house lateral and house connection).
(4) City means the City of Baytown, Texas, or any autho-
rized person acting in its behalf.
(5) C.O.D. (chemical oxygen demand) means measure
of the oxygen consuming capacity of inorganic and
organic matter present in the water or wastewater
expressed in mg /l as the amount of oxygen consumed
from a chemical oxidant in a specific test, but not
differentiating between stable and unstable organic
matter and thus not necessarily correlating with
biochemical oxygen demand.
(6) Control manhole means a manhole giving access to
a building sewer at some point before the building
sewer discharge mixes with other discharges in the
public sewer.
(7) Control point means a point of access to a course of
discharge before the discharge mixes with other
discharges in the public sewer. —�
(S) Director means the director of the public works de-
partment of the city, or his authorized deputy, agent,
or representative.
Supp- No. 33 127626
A
§ 3411
WASTE DISPOSAL
51114 -3zzz
§ 34.11
(9) Disposal garbage means animal and vegetable wastes
and residue from preparation, cooking, and dispensing
of food; and from the handling, processing, storage
and sale of food products and produce.
(10) Industrial waste means waste resulting from any
process of industry, manufacturing, trade, or business
from the development of any natural resource, or any
mixture of the waste with water or normal- wastewater,
or distinct from normal wastewater.
(11) Industrial waste charge means the charge made on
those persons who discharge industrial wastes into
the city's sewerage system.
(12) Milligrams per liter (mg /1) means the same as parts
per million and is a weight -to- volume ratio; the milli-
gram -per -liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water.
(13) Natural outlet means any outlet into a watercourse,
ditch, lake, or other body of surface water or ground -
water.
(14) Normal domestic wastewater ineans wastewater ex-
cluding industrial wastewater discharged by a person
into sanitary sewers and in which the average con-
centration of total suspended solids is not more than
250 mg /1 and B.O.D. is not more than 250 mg /l.
(15) Overload means the inposition of organic or hydraulic
loading on a treatment facility in excess of its engi-
neered design capacity.
(16) Person includes corporation, organization, government
or governmental subdivision or agency, business trust,
estate, trust, partnership association, and any other
legal entity.
(17) pH means the logarithm (Base 10) of the reciprocal
of the hydrogen ion concentration.
(18) Public sewer means pipe or conduit carrying waste-
water or unpolluted drainage in which owners of
abutting properties ,_l 11 have the use, subject to
control by the City of Baytown, Texas.
Cupp. No. 22 1276.27
51114 -3aaaa
§ 3411 BAYTOWN CODE § 34 -11
(19) Sanitary sewer means a public sewer that conveys
domestic wastewater or industrial wastes or a combi-
nation of both, and into which storm water, surface
water, groundwater, and other unpolluted wastes are
not intentionally passed.
(20) Slug means any discharge of water, wastewater, or
industrial waste which in concentration of any given
constituent or in quantity of flow, exceeds for any
period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty -four (24)
hour concentration or flows during normal operation.
(21) Strong acid means any substance with a pH less than
6.0.
(22) Storm sewer means a public sewer which carries
storm and surface waters and drainage and into
which domestic wastewater or industrial wastes are
not intentionally passed.
(23) Storm water means rainfall or any other forms of
precipitation.
(24) Suspended solids means solids measured in mg /l that
either float on the surface of, or are in suspension in,
water, wastewater, or other liquids, and which are
largely removable by a Iaboratory filtration device.
(25) To discharge includes to deposit, conduct, drain, emit,
throw, run, allow to seep, or otherwise release or dis-
pose of, or to allow, permit, or suffer any of these acts
or omissions.
(26) Trap means a device designed to skim, settle, or other-
wise remove grease, oil, sand, flammable wastes or
other harmful substances.
(27) Unpolluted wastewater :mans water containing:
(a) n,, tree or emulsified grease or oil;
(b) no acids or alkalis;
(c) no phenols or other substances producing taste or
odor in receiving water;
Supp. No. 22 1276.28
51114 -3bbbb
§ 34.11 WAS'T'E DISPOSAL § 34.12
(d) no toxic or poisonous substances in suspension,
colloidal state, or solution;
(e) no noxious or otherwise obnoxious or odorous
gases;
(f) not more than an insignificant amount in mg /l
each of suspended solids and B.O.D., as determined
by the Texas Water Quality Board; and
(g) color not exceeding fifty (50) units as measured
by the platinum- cobalt method of determination as
specified in "standard methods."
(2$) Waste means rejec_ =od, unutilized or superfluous sub -
et : nces in liquid, gaseous, or solid form resulting
from domestic, agricultural, or industrial activities.
(29) Wastewater means a combination of the watercarried
waste from residences, business buildings, institutions,
and industrial establishments, together with any
ground, surface, and storm water that may be present.
(30) Wastewater facilities includes all facilities for collec-
tion, pumping, treating, and disposing of wastewater
and industrial wastes.
(31) Wastewater treatment plant means any city -owned
facilities, devices, and structres used for receiving,
processing and treating wastewater, industrial waste,
and sludges from the sanitary sewers.
(32) Wastewater service charge means the charge on all
users of the public sewer system whose wastes do not
exceed in strength the concentration values established
as representative of normal wastewater.
(33) Watercourse means a natural or man -made channel
in which a flow of water occurs, either continuously
or intermittently. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -12. Prohibited discharges.
(A) No person may discharge to public sewers any waste
which by itself or by interaction with other wastes may:
Supp. No. 22
1276.29
51114 -3cccc
§ 3412 BAYTOWN CODE § 34-13
(1) injure or interfere with wastewater treatment processes
or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the wastewater
treatment plant effluent.
(B) All discharges shall 1765, § 11, 3.13-75)
irements of this
ordinance. (Ord.
Sec. 34 -13. Chemical discharges.
(A) No discharge to public sewers may contain:
(1) cyanide greater than 1mg1l;
(2) fluoride other than that contained in the public water
supply;
(3) chlorides in concentrations greater than 250 mg /l;
(4) gasoline, benzene, naphtha, fuel oil, or other flamma.
ble or explosive liquid, solid or gas; or
(5) substances causing an excessive Chemical Oxygen
Demand (C.O.D.).
(B) No waste or wastewater discharged to public waters
may contain:
(i). strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
(2) fats, wax,_ grease or oils, whether emulsified or not,
in excess of one hundred (100) mg /l or containing sub-
stances which may solidify or become viscous at tem-
peratures between thirty -two (32) and one hundred fifty
(150) degrees Fahrenheit (0 and 65 degrees centigrade).
(3) objectionable or toxic substances, exerting an excessive
chlorine requirement, to such degree that any such
material received in the composite wastewater at the
wastewater treatment works exceeds the limits estab-
lished by the approving authority for such materials;
or
Supp. No. 22 1276.30
51114 -3dddd
§ 34-13
WASTE DISPOSAI.
§ 34 -14
(4) obnoxious, toxic, or poisonous solids, Iiquids, or gases in
quantities sufficient to violate the provisions of section
34- 13(A).
(C) No waste, wastewater, or other substance may be dis-
charged into public sewers which has a pH lower than 6.0
or higher than 9.0 or any other corrosive property capable
of causing damage or hazard to structures, equipment, and /or
personnel at the wastewater facilities.
(D) All waste, wastewater, or other substance containing
phenols, hydrogen sulfide, or other taste and odor producing
substances, shall conform to concentration limits established
by the approving authority. After treatment of the composite
wastewater, concentration limits may not exceed the re-
quirements established by state, federal, or other agencies
with jurisdiction over discharges to receiving waters. (Ord.
No. 1765, § 1, 3- 13 -75)
Sec. 34 -14. Heavy metals and toxic materials.
(A) No discharges may contain concentrations of heavy
metals greater than amounts specified in subsection (B) of
this section.
(B) The maximum allowable concentrations of
heavy
metals stated in terms of milligrams per liter (mg 11), deter-
mined on the basis of individual sampling in accordance with
"standard methods" are:
(1) Arsenic . ............................... 0.02
mg /l
(2) Barium . ............................... 5.0
mg /i
(3) Boron .. ............................... 1.0
mg 11
(4) Cadmium ............................. 0.02
mg /1
(5) Chromium (total) ...................... 5.0
mg 11
(6) Copper . ............................... 1.0
mg /i
(7) Lead ................................
mg /l
(8) Manganese ............................ 1.0
mg /l
(9) Mercury ............................... 0.005
mg /1
(10) Nickel ...... ............................1.0
mg 11
(11) Selenium .............................. 0.02
mg /1
(12) Silver .. ............................... 0.1
mg /1
(13) zinc ................ ................... 5.0
mg /1
Supp. No. 22
1276.31
'.41
51114 -3eeee
§ 34 -14 BAYTOWN CODE § 34.16
(C) No other heavy metals or toxic materials may be dis-
charged into public sewers without a permit from the Approv-
ing Authority specifying conditions of pretreatment, con-
centrations, volumes, and other applicable provisions.
(D) Prohibited heavy metals and toxic materials include,
but are not limited to-
(1) Antimony
(8) Rhenium
(2) Beryllium
(9) Strontium
(3) Bismuth
(10) Tellurium
(4N Cobalt
(11) Herbicides
(5) Molybdenum
(12) Fungicides
(6) Tin
(13) Pesticides
(7) Uranyl ion
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -15. Garbage.
(A) No person may discharge garbage into public sewers
unless it is shredded to a degree that all particles can be
carried freely under the flow conditions normally prevailing
in public sewers. Particles greater than one -half (' /z ") inch 1
in any dimension are prohibited.
(B) The approving authority is entitled to review and ap-
prove the installation and operation of any garbage ?rinder
equipped with a motor of three- fourths ( .1 /a) horsepower (0.76
hp metric) or greater. (Ord. No. 1765, § 1, 3.13 -75)
Sec. 34 -16, Storm water and other unpolluted drain-
age.
No person shall discharge, or cause to be discharged, any
storm water, ground water, roof runoff, subsurface drainage,
downspouts, yard drains, yard fountains, and ponds or lawn
sprays into any sanitary sewer. Water from swimming pools,
unpolluted industrial water, such as boiler drains, blowoff
pipes, or cooling water from various equipment, shall not
be discharged into sanitary sewers if a closed storm fewer
is available. If a closed storm sewer is not available, it.may
be discharged into the sanitary sewer by an indirect connec-
tion where by such discharge is cooled, if required, and flows
Supp. No. 22
1276.32
:ft
51114 -3ffff
§ 34-16 WASTE DISPOSAL § 34.19
into the sanitary sewer at a rate not in excess of three (3)
gallons per minute; provided, that the waste does not contain
materials or substances in suspension or solution in violation
of the limits prescribed by this chapter. (Ord. No. 1765, §
1,3-13-75)
Sec. 34 -17. Temperature.
No person may discharge liquid or vapor having a tem-
perature higher than one hundred fifty (150) degrees Fahren-
heit (sixty -five (65) degrees centigrade), or any substance
which causes the temperature of the total wastewater treat-
ment plant influent to increase at a rate of ten (10) degrees
Fahrenheit or more per hour, or a combined total increase
of plant influent temperature to one hundred ten (110) degrees
Fahrenheit. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -18. Radioactive wastes.
(A) No person may discharge radioactive wastes or isotopes
into public sewers without the permission of the approving
authority.
(B) The approving authority may establish, in compliance
with applicable state and federal regulations, regulations for
discharge of radioactive wastes into public sewers. (Ord. No.
1765, § 1, 3- 13 -75)
Sec. 34 -19. Impairment of facilities.
(A) No person may discharge into public sewers any sub-
stance capable of causing:
(1) obstruction to the flow in sewers;
(2) interference with the operation of treatment processes
of facilities; or
(3) excessive loading of treatment facilities.
(B) Discharges prohibited by section 34 -19(A) include, but
are not limited to materials which exert or cause concentra-
tions of:
(1) inert suspended solids greater than 250 mg /1, including
but not limited to:
Supp. No. 22 1276.33
r
§ 34.19
F 3
RAYTOWN CODE
(a) Fuller's earth
(b) lime slurries
(c) lime residues
51114 -3gggg
:14-19
(2) dissolved solids greater than 250 mg /1, including but
not limited to:
(a) sodium chloride
(b) sodium sulfate
(3) 'excessive discoloration, including but not limited to:
(a) dye wastes
(b) vegetable tanning solutions
(4) B.O.D., C.O.D., or chlorine demand in excess of normal
plant capacity.
(C) No person may discharge into public sewers any
substance that may:
(1) deposit grease or oil in the sewer lines in such a manner
as to clog the sewers;
(2) overload skimming and grease handling equipment;
(3) pass to the receiving waters without being effectively
treated by normal wastewater treatment processes due
to the nonamenability of the substance to bacterial
action; or
(4) deleteriously affect the treatment process due to exces-
sive qu- ntities.
(D) No person may discharge any substance into public
sewers which:
(1) is not amenable to treatment or reduction by the pro-
cesses and facilities employed; or
(2) is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the require-
ments of other agencies having jurisdiction over dis-
charge to the receiving waters.
(E) The Approving Authority shall regulate the flow and
concentration of slugs when they may:
(1) impair the treatment process;
Supp. No. 22 1276.34
§ 34-19
WASTE DISPOSAL
51114 -3hhhh
§ 34.20
(2) cause damage to collection facilities;
(3) incur treatment costs exceeding those for normal
wastewater; or
(4) render the waste unfit for stream disposal or in-
dustrial use.
(F) No person may vuscharge into public sewers solid or
visce*_-s substances which may violate subsection (A) of this
section if present in sufficient quantity or size, including but
not limited to:
(1)
ashes
(2)
cinders
(3)
sand
(4)
mud
(5)
straw
(6)
shavings
(7)
metal
(3)
glass
(9)
rags
(10)
feathers
(11)
tar
(12)
plastics
(13)
wood
(Ord.
No. 1765, § 1, 3- 13 -75)
(14) unground garbage
(15) whole blood
(16) paunch manure
(17) hair and fleshings
(18) entrails
(19) paper products, either
whole or ground by
garbage grinders
(20) slops
(21) chemical residues
(22) paint residues
(23) bulk solids
Sec. 34 -20. Compliance with existing authority.
(A) Unless exception is granted by the approving authority, the
publ;.c sanitary sewer system shall be used by all persons
discharging:
(1) wastewater;
(2) industrial waste;
(3) polluted liquids.
(B) Unless authorized by the Texas Water Quality Board,
no person may deposit or discharge any waste included in
subsection (A) of this section on public or private property
into or adjacent to any:
(1) natural outlet;
(2) watercourse;
Supp. No. 22
1276.35
i
51114 -3iiii
§ 34-20 BAYTOWN CODE § 34.21
(3) storm sewer;
(4) other area within the jurisdiction of the city.
(C) The approving authority shall verify prior to discharge
that wastes authorized to be discharged will receive suitable
treatment within the provisions of laws, regulations, ordi-
nances, rules and orders of federal, state and local govern-
ments. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 34 -21. Approving authority requirements.
(A) If discharges or proposed discharges to public sewers
may:
(1) cause damages to collection facilities;
(2) impair the processes;
(3) incur treatment cost exceeding those of normal sewage;
(4) render the water unfit for receiving waters or industrial
use;
(5) create a hazard to life or health; or
(6) create a public nuisance;
the approving authority shall require:
(1) pretreatment to an acceptable condition for dis-
charge to the public sewers;
(2) control of the quantities and rates of discharge of
such waste; and
(3) payment of surcharges for excessive cost for treatment
provided such waste are amenable to treatment by
normal sewage plant facilities operated by the City.
(B) The approving authority is entitled to determine
whether a discharge or proposed discharge is included under
subsection (A) of this section.
(C) The approving authority shall reject wastes when:
(1) it determines that a discharge or proposed discharge
is included under subsection (A) of this section; and
(2) the discharger does not meet the requirements of
subsection (A) of this section. (Ord. No. 1765, § 1, 3-
13-75)
$upp. No. 22 1276.36
' s
r
i
§ 3422
WASTE DISPOSAL
51114 -3jjjj
§ 34 -24
Sec. 34 -22. Approving authority review and approval
(A) If pretreatment or control is required, the approving
authority shall review and approve design and installation
of equipment and processes.
(B) The design and installation of equipment and pro-
cesses must conform to all applicable statutes, codes, ordi-
nances and other laws.
(C) Any person responsible for discharges requiring pre-
treatment, flow equalizing, or other facilities shall provide
and maintain the facilities in effective operating condition
at his own expense. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -23. Requirements for traps.
(A) Discharges requiring a trap should include grease or
waste containing grease in excessive amounts, oil, sand,
flammable waste and other harmful ingredients.
(B) Any person responsible for discharges requiring a trap
shall, at his 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 engi-
neer and by the director of public works. He shall locate the
trap in a manner that provides easy accessibility for clean-
ing and inspection and maintain the trap in effective oper-
ating condition. The trap shall be inspected by the city's in-
spection department during construction and upon completion.
A final inspection shall be made by all interested parties
(city engineer, director of public works, and chief inspector)
before any service connections are made. (Ord. No. 1765, §
1,3-13-75)
Sec. 34 -24. Requirements for building sewers.
Any person responsible for discharge through a building
sewer carrying industrial wastes shall, at his own expense
and as required by the city:
(a) Install an accessible and safely located control man-
hole or inspection chamber;
5upp. No. 22
1276.37
51114 -3kkkk
§ 3424 BAYTOWN CODE § 34.25
(b) Install meters and other appurtenances to facilitate
observation sampling and measurement of the waste;
and
(c) Maintain the equipment and facilities.
Every such manhole or inspection chamber, shall be of such
design and construction as to prevent infiltration by ground
and surface waters or introduction of slugs or solids by the
installation of screens with maximum openings of one inch
but of sufficient fineness to prevent the entrance of objection-
able slugs or solids to the sanitary sewer system, and shall
be so maintained by the person discharging wastes so that
any authorized representative or employee of the city may
readily and safely measure the volume and obtain samples
of the flow at all times. Plans for the construction of control
manholes or inspection chambers, including such flow
measuring devices as may be required by this article, shall
be approved by the director prior to the beginning of construc-
tion. (Ord. No. 1765, § 1, 3- 13-75)
Sec. 34 -25. Sampling and testing.
(A) Sampling shall be conducted according to customarily
accepted methods reflecting the effect of constituents upon
the sewage works and determining the existence of hazards
to health, life, and property. (The particular analyses involved
will determine whether a twenty -four (24) hour composite
sample from all outfalls of a premise is appropriate or whether
a grab sample or samples should be taken).
(B) Examination and analyses of the characteristics of
water and waste required by this ordinance shall be:
(1) conducted in accordance with the latest edition of
standard methods;
(2) determined from suitable samples taken at the
control manhole provided or other control point
designated by the Director.
(C) B.O.D. and suspended solids shall be determined from
composite sampling.
a..:.. No. 22
" " 1276.38
51114 -31111
§ 8425 WASTE DISPOSAL. 934-27
- - (d) The city may select an independent firm or lab to deter-
mine flow, B.O.D. and suspended solids.
(E) The city is entitled to select the time of sampling at
its discretion as long as at least annual samples are taken.
(Ord. No. 1765, § 1, 3- 13-75)
Sec. 34 -26. Industrial waste.
(A) Persons or owners discharging industrial wastes which
exhibit any of the prohibited wastes set out in section 34-
12 shall pretreat or otherwise dispose of such industrial waste
to make the remaining waste acceptable to the city water
utilities.
(B) Persons or owners discharging industrial wastes which
exhibit none of the characteristics of wastes prohibited in
section 34 -12, other than excessive S.O.D. or suspended solids,
but having a concentration level four (4) times greater (for
a fifteen (15) minute duration) than that of "normal" sewage
as measured by suspended solids and biochemical oxygen
demand (B.O.D.) or a concentration level during a twenty -
four (24) hour period averages a suspended solids level or
B.Q.D. content in excess of "normal" sewage as defined in
section 34 -11 as "normal domestic wastewater," shall be
required to pretreat the industrial wastes to meet the required
levels of "normal," sewage. However, such wastes may be
accepted for treatment if all of the following requirements
are met:
(1) The waste will not cause damage to the public sewers;
(2) The waste will not impair the treatment process;
(3) The donor of the waste enters into a contractual and
permit agreement as set forth in the following sections.
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -27. Payment and agreement required.
(A) Persons making discharges of industrial waste shall
pay a charge to cover the cost of collection and treatment.
(B) When discharges of industrial waste are approved by
the approving authority, the city shall enter into an agree-
ment or arrangement providing:
Supp. No. 22
1276.39
j § 34 -27
BAYTOWN CODE
(1) terms of acceptance by the city;
(2) payment by the person making the discharge.
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -28. Application for permit.
51114 -Im mi
§ 34 -28
No person shall deposit or discharge industrial waste or
an industrial waste mixture into the sewer or sewer works
of the city, or any sewer connected therewith, unless he
shall have a permit therefor. Persons discharging industrial
waste or an industrial waste mixture into the sewer or sewer
works of the city or any sewer connected thereto as of the
13th day of March, 1975 shall obtain such permit within one
hundred twenty (120) days from the 23rd day of March, 1975.
Application for a permit shall made on a form to be obtained
from the Director. A copy of said form follows:
INDUSTRIAL SEWER CONNECTION APPLICATION
To the City of Baytown, Texas:
The undersigned being the ( Permittee)
of the property located at does hereby
request a permit to (install, use) an industrial sewer
connection serving the (Name of Company)
which company is engaged in
at said location.
The permittee agrees to submit the following exhibits as pre-
pared by a registered professional engineer or licenses
architect.
1. A plat of the property showing accurately all sewers and
drains, all water wells or sources of water and their locations,
along with their size and maximum rate of flow (Exhibit
A).
2. A complete schedule of all process waters and raw in-
dustrial waste produced or expected to be produced before
pretreatment (if any) at said property, including a description
of the character of each waste, the daily volume and maxi-
mum rate of discharge and representative analysis of the
raw waste (Exhibit B).
3upp. No. 22 1276.40
___1/
51114- 3nnnn
§ 34-28 WASTE DISPOSAL § 34 -28
3. Plans and specifications covering all pretreatment facili-
ties for waste treatment proposed to be performed on the
waste under this permit with a full description (laboratory
analysis) of the character of the waste to be discharged to
the public sewer, daily volume and maximum rate of dis-
charge to the public sewer (Exhibit C).
4. Plans and specifications of the grease, oil and /or sand
interceptor and control manhole (Exhibit D).
The permittee declares and agrees:
1. To operate and maintain any waste pretreatment fa-
cilities, as may be required as a condition of the acceptance
into the public sewer of the industrial wastes involved, in
an efficient manner at all times, and at no expense to the
city.
2. To cooperate with the approving authority and his
representatives in their inspecting, sampling, and study of
the industrial wastes and any facilities providing pre-
treatment.
3. To notify the approving authority immediately in the
event of any accident, negligence or other occurrence that
occarinns discharge to the public sewerage system any wastes
or process wastewater not covered by this permit.
4. To accept and abide by all provisions of Chapter 34 of
the Code of Ordinances of the City of Baytown, Texas, and
of all pertinent ordinances or regulations that may be adopted
in the future.
5. To accept and pay when billed the sewer service charge,
refuse charge, and industrial wastes charge which is over
and above the published water and sewer rates as set forth
in article IV and article V of Chapter 31, Utilities, of the
Code of Ordinances of the City of Baytown.
Special Provisions:
Any special provisions agreed to by the city and permittee.
Date Signed
(Permittee)
5upp. No. 22 1276.41 (Address)
_
51114 -30000
934-28 BAYTOWN CODE § 34 -29
$ Attested:
Connection Fee Paid Date:
Application Approved and Permit Granted:
Date Signed
(Approving Authority)
(Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -29. Conditions of permits.
(A) The city may grant a permit to discharge to persons
who:
(1) do not increase the quantity of discharge without permission
of the city;
(2) have discharged the industrial waste at least three
months prior to the effective date;
(3) apply for and receive a r)ermit no later than one hun-
dred twenty (120) days after the 23rd day of March,
1975.
(4) secure approval by the approving authority of plans
and specifications for pretreatment facilities when
required; and
(5) have complied with all requirements for agreements
including, but not limited to, provisions for:
(a) payment of charges;
(b) installation and operation of pretreatment facili-
ties;
(c) sampling and analysis to determine quantity and
strength;
(d) provides a control manhole or sampling point.
(B) A person applying for a new discharge shall meet all
requirements of subsection (A) of this section and secure a
permit before discharging any waste. (Ord. No. 1765, § 1,
3- 13 -75)
Supp. No. 22
1276.42
51114 -3pppp
§ 34 -30 WASTE DISPOSAL § 34.31
Sec. 34 -30. Industrial waste charge and added costs.
(A) If the volume or character of the waste to be treated
by the city does not cause overloading to sewage collection,
treatment, or disposal facilities of the city, then prior to ap-
proval, the city and the person making the discharge shall
enter into an agreement which provides that the discharger
pay an industrial waste charge to be determined from the
schedule of charges.
(B) If the volume or character of the waste to be treated
by the city requires that wastewater collection, treatment,
or other disposal facilities of the city be improved, expanded,
or enlarged in order to treat the waste, then prior to approval
the city and the person making the discharge shall enter
into an agreement which provides that the discharger pay
in full all added costs the city may incur due to acceptance
of the waste.
(C) The agreement entered into pursuant to subsection (A)
of this 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 sys-
tem used in handling and treating the waste;
(2) operation and maintenance costs including salaries
and wages, power costs, costs of chemicals and
supplies, proper allowances for maintnance, deprecia-
tion, overhead, and office expense.
(D) Amortization shall be completed in a 30-year period
and payment shall include all debt service costs, (Ord. No.
1765, § 13-13-75)
Sec. 34-31. Schedule of charges.
Industrial waste charges shall be calculated by the follow-
ing formula with the city's unit cost being figured at the
time of permit application.
Application cost formula — Capital recovery
Ci = voVi + boBi + soSi
Supp. No. 22
1276.43
51114 -3gggq
§,J+31 BAYTOWN CODE § 34 -33
Ci = charge to industrial users, $ /year
vo = unit cost of transport and treatment chargeable to
volume, $ /1000 gal.
bo = unit cost of treatment chargeable to B.O.D., $ /pound
so = unit cost of treatment (including sludge) chargeable
to suspended solids, $ /pound
Vi = volume of wastewater from industrial users,
pound /year
Bi = amount of B.O.D. from industrial users, pounds /year
Si = amount of suspended solids from industrial users,
pounds /year. (Ord. No. 1765, § 1, 3- 13 -75)
Sec. 34 -32. Adjustment of charges.
(A) The city shall adjust charges at least annually to re-
flect changes in the characteristics of wastewater based on
the results of sampling and testing.
(B) Increases in charges shall continue for six (6) billing
periods unless subsequent tests determine that the charge
should be further increased.
(C) The city shall review at least annually the basis for
determining charges and shall adjust the unit treatment cost
in the formula to reflect increases or decreases in wastewater
treatment costs based on the previous year's experience.
(D) The city shall bill the discharger by the month and
shall show industrial waste charges as a separate item on
the regular bill for water and sewer charges. The discharger
shall pay monthly in accordance with practices existing for
payment of sewer charges. (Ord. No. 1765, § 1, 3- 13.75)
Sec. 34 -33. Power to enter property.
(A) The director and other duly authorized employees of
the city bearing proper credentials and identification are en-
titled to enter any public or private property at any reason-
able time for the purpose of enforcing this chapter.
Supp. No. 22
1 216.44
51114 -3rrrr
§ 34-33 WASTE DISPOSAL § 34 -34
(B) Anyone acting under this authority shall observe the
establishment's rules and regulations concerning safety, in.
ternal security, and fire protection.
(C) Except when caused by negligence or failure of the
company to maintain safe conditions, the city shall indemnify
the company against loss or damage to its property by city
employees and against liability claims and demands for
personal injury or property damage asserted against the
company and growing out of the sampling operation.
(D) The director and other duly authorized employees of
the city bearing proper credentials and identification are en-
titled to enter all private properties through which the city
holds a negotiated easement for the purposes of:
(1) inspection, observation, measurement, sampling, or
repair;
(2) maintenance of any portion of the sewerage system
lying within the easements;
(3) conducting any other authorized activity.
All activities shall be c=onducted in full accordance with
the terms of the negotiate: easement pertaining to the private
propert-' involved.
(E) No person acting under authority of this provision may
inquire into any processes including metallurgical, chemical,
oil refining, ceramic, paper, or other industries beyond that
point having a direct bearing on the kind and source of dis-
charge to the public sewers. (Ord. No. 1765, § 1, 3- 13.75)
Sec. 34 -34. Authority to disconnect service.
(A) The city may terminate water and wastewater disposal
service and disconnect an industrial customer from the sys-
tem when:
(1) Acids or chemicals damaging to sewer line or treatment
process are released to the sewer causing rapid deterio-
ration of these structures or interfering with proper
conveyance and treatment of wastewater;
Supp. No. 22
127s.4s
51114 -3ssss
§ 34-34 BAYTOWN CODE § 34.35
(2) A governmental agency informs the city that the
effluent from the wastewater plant is no longer of a
quality permitted for discharge to a watercourse, and
it is found that the customer is delivering wastewater
to the city's system that cannot be sufficiently treated
or requires treatment that is not provided by-the city
as normal domestic treatment; or
(3) The industrial customer:
(a) Discharges industrial waste or wastewater that is
in violation of the permit issued by the approving
authority;
(b) Discharges wastewater at an uncontrolled, variable
rate in sufficient quantity to cause an imbalance
in the wastewater treatment system;
(c) Fails to pay monthly bills for water and sanitary
sewer services when due; or
(d) Repeats a discharge of prohibited wastes to public
sewers.
(B) If service is disconnected pursuant to subsection (A)(2) -�
of this section, the city shall:
(1) Disconnect the customer;
(2) Supply the customer with the governmental agency's
report and provide the customer with all pertinent
information; and
(3) Continue disconnection until such time as the in-
dustrial customer provides additional pretreatment or
other facilities designed to remove the objectionable
characteristics from his industrial wastes. (Ord. No.
1765, § 1, 3- 13-75)
Sec. 34 -35. Notice.
The City may serve persons discharging in violation of
this article with written notice stating the nature of the viola-
tion and providing a reasonable time limit for satisfactory
compliance. (Ord. No. 1765, 1, 3- 13 -75)
Supp. No. 22
1276.46
51114 -3tttt
§ 34.36 WASTE. DISPOSAL § 34.38
Sec. 34 -36. Continuing prohibited discharges.
No person may continue discharging in violation of this
article beyond the time limit provided in the notice. (Ord.
No. 1765, § 1, 3- 13 -75)
Sec. 34 -37. Penalty.
(A) Any person, firm or corporation violating any pro-
visions of this article or failing to observe any provisions
hereof shall be deemed guilty of a misdemeanor and upon
conviction shall be fined in any sum of not more than two
hundred dollars ($200.00), and each violation shall constitute
a separate offense.
(B) In addition to proceeding under authority of subsection
(A) of this section, the city is entitled to pursue all other
criminal and civil remedies to which it is entitled under
authority of statutes or other ordinances against a person
continuing prohibited discharges. (Ord. No. 1765, § 1, 3 -13•
75)
Sec. 34 -38. Failure to pay.
In addition to sanctions provided for by this article, the
city is entitled to exercise other sanctions provided for by
this Code and other ordinances of the city for failure to
pay the bill for water and sanitary sewer service when
due. (Ord. No. 1765, § 1, 3- 13 -75)
Supp. No. 22
1276.47
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