Ordinance No. 10,622 ORDINANCE NO. 10,622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A WASTEWATER DISPOSAL AGREEMENT
WITH HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27; 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 Interim City Manager to execute a Wastewater Disposal Agreement with Harris
County Fresh Water Supply District No. 27. 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 vot of the City Council of the
City of Baytown this the 12`h day of June, 2007.
STEPH N H. CARLOS, Mayor
T: _-
L i.pifi Clerk
APPROVED AS TO'FORM:
ctGNACIO RAMIREZ, SR.,UY Attorney
RAKaren\Files\City Counci1\0rdinances\2007Vune 14\HCFWSD27WastewaterServicesAgreement doc
WASTEWATER DISPOSAL AGREEMENT
BETWEEN
THE CITY OF BAYTOWN,TEXAS
AND
HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27
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 Hams County,Texas(the"City'),and Harris County Fresh Water Supply District No.27,a body
politic and corporate and a political subdivision of the State of Texas organized under the provisions
of Section 52,Article III,and Section 59,Article XVI,Texas Constitution.And Chapter 53 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 waste collection,treatment and disposal
plant and related equipment and facilities for the gathering,treatment and disposal of waste.
2. The District is a fresh water supply district organized and existing under the
provisions of Section 52,Article III,and Section 59,Article XVI,Texas Constitution.,and Chapter
53,Texas Water Code.
3. The District owns a sanitary sewer collection system serving the Service Area and
desires to purchase treatment and disposal of waste generated within the Service Area.
4. The District is empowered to collect,transport,process, dispose of,and control all
domestic industrial 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 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.
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.
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:
Waste DiMosal Agreement.Pagel A
AGREEMENT
ARTICLE I
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:
1.01 "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.
1.02 "City's System" shall mean the systems for the collection, transportation and
treatment of waste and any extensions thereof and additions thereto,currently serving or that may be
constructed to serve the City.
1.03 "Director"shall mean the Director of Public Works/Utilities of the City ofBaytown,
or his designee.
1.04 "District's System"shall mean the systems for the collection and transportation of
waste,and any extensions thereof and additions thereto,constructed or to be constructed to serve the
District,including those lines and facilities necessary for the transportation ofwaste from dwellings
and buildings connected to the District's System to the point of interconnection with the City's
System.
1.05 "Industrial Waste" shall mean waste resulting from any process of industry,
manufacturing,trade or business from the development of any natural resource,or any mixture of
the waste with water or normal wastewater,or distinct from normal wastewater.
1.06 "Infiltration Water"shall mean water or other waste which enters a sanitary sewer
system by means other than by a permitted connection; "infiltration water" includes water which
leaks into a sanitary sewer system.
1.07 "Interconnections"shall mean those improvements necessary for the connection of
the City's System and District's System as set forth herein.
1.08 "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.
1.09 "Service Area"shall mean the area within the boundaries ofthe District,consisting of
a total of 1412 acres,which includes 173 acres of commercial area,425 acres of residential
housing(or approximately27 9 lots)and 76 acres of manufactured housing(or approximately 55
Waste DiMgsal Agreement.Page2
lots). 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.
1.10 "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.
1.11 "TCEQ" shall mean the Texas Commission on Environmental Quality or its
successor.
1.12 "Treatment Plant"or"Plant"shall mean the City's West District Treatment Plant,
including all additions or modifications thereto which may occur subsequent to the execution of this
Agreement.
1.13 "Waste"shall mean sewage and industrial waste collected by a sanitary sewer system
together with such infiltration water as may be present,provided that such system is constructed in
compliance with City Specifications and continually and promptly maintained and repaired.
ARTICLE II
DISTRICT'S SYSTEM
2.01 District's System. The District shall operate and maintain and may Alter the
District's System. No cost of the District's operation,maintenance, or Alteration 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 Cily Approval of Plans and SQecifications. Prior to the initiation of any construction
for any Alteration of the District's System during the term of this Agreement,the engineers of the
District shall submit to the Director for written approval the plans and specifications. No
construction for any Alteration 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 a certification that the District's System was built in
accordance with the City's standard plans and specifications as approved by the City.
2.03 IMection. 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-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
Waste Disposal Am ment.Page3
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 are described in Exhibit "C" and shall not be changed without prior written
approval of the Director.
2.05 Discharge Both the City and the District agree that 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 Contract, 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 sewer services
to any of its customers.
2.07 Waste Flow Devices. The District shall 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 for at least a
week's time,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
Waste Disposal Aznment.Page4
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 CiVs Plumbing Code. The District covenants and agrees to comply with the
City's current Plumbing Code and all amendments thereto for sanitary sewer facilities and agrees not
to permit plumbing work relating to sewer service or allow connection to the District's System
except in compliance with the City's Code and after 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 the 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 18-462 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"D"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 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 its System to any individual or entity
other than its own employees or a sewage plant operator holding a valid certificate of competency
issued under the direction of the Texas Commission on Environmental Quality 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 into the City's
System.
3.06 Waste to Comply 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
Waste Disnoul Agm ent.Pages
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.
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. Prior to the execution of this Contract by the City,the
District shall supply the Director with a copy of such rules, regulations, and contracts, including
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 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.
3.08 Participation in State and Federal Grant Programs:Contribution to Costs The District
recognizes that the City is presently participating in a federally-funded grant program for the
construction of sewage treatment plants under the provisions of the Federal Water Pollution Control
Act,P.L.92-500,as amended. Furthermore,the District recognizes that the City may in the future
participate in similar federal or state programs. As part of such programs,and consistent with the
City's successful participation and sharing in grant funds,certain responsibilities may be imposed
upon the City with respect to compliance with state and/or federal rules and regulations regarding
contributors to the City's System. The District recognizes that by virtue of this 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 costs of such analyses
of its 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 City's compliance with such programs. Failure of the District to comply
with this section shall constitute an Event of Default.
Waste DiWgsal Ag ent.Paget
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 parry'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."
ARTICLE IV
QUANTITY AND CAPACITY
4.01 Ouantity. 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 165,000 gallons per day average daily flow (representing
connections for a 0 acre industrial park, a 173-acre commercial area, a 425 -acre
residential area (or approximately 279 lots) and a 76 -acre manufactured home area (or
approximately 55 lots).
4.02 Capacity Reserved. The City covenants and agrees that the City shall reserve for
the benefit of the District,the capacity in its treatment plant sufficient to treat the quantities set forth
in Section 4.01 of this Agreement. However,the City is in no case to be held to any liability for
failure to famish 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 Contract
without the express prior written consent of the City. Failure to comply with this provision shall
constitute an Event of Default.
ARTICLE V
PAYMENT AND TERMS
5.01 Impact Fees. The District shall pay to the City impact fees,which shall be charged
against new development within the Service Area in order to generate revenue for funding or
recouping the cost of capital improvements or facility expansions necessitated by and attributable to
the new development,pursuant to Article IV,Chapter 114 of the Code of Ordinances,as hereinafter
amended. 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.
5.02 Monthly Wastewater Service Charge. The District shall pay to the City in
monthly installments a wastewater 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 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
Waste Did o�sal Ag;Ment Pagel
calculated on the basis of the metered water usage, consistent with such calculations found in the
City's Sewer Service Ordinance,as amended,which includes the base charge for each single-family,
multi-family or commercial connection plus additional usage charges as specified in the City's Code
of Ordinances as may hereinafter 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 contract, the District shall pay$20.30 for the first 2,000
gallons used per connection and$5.49 for each additional 1,000 gallons used per connection.
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 10 h of each month concerting the prior
month's operations. After receipt of each preliminary operating report, the City will generate an
invoice specifying the 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 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 Billing and 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 Contract 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)
Waste Disaosal A&Mrnent.Page8
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 Modifications. Although the City believes that the present charges for such services
as set forth herein are fair and reasonable;nonetheless,the parties realize that,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 Ouerating Expense and Covenants as to Rates. The sums to be paid the City by
the District under the terms of this Contract are declared by the District to be an essential cost of
operating and maintaining the District's System as a part of the District's System and such costs
shall be first charged upon the gross revenues received from the District's System as a part of the
District's combined waterworks,sanitary sewer and drainage system,and such costs shall be a first
charge upon the gross revenues received from the District's operation of said combined system. 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 giving ten (10) days' written notice to the District of the
Event of Default complained of and a reasonable opportunity for the District to cure said default,or,
if not curable in that time as determined at the sole discretion of the City,to within ten(10)days'
commence 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
MISCELLANEOUS PROVISIONS
6.01 Force Maieure. In the event any party is rendered unable,wholly or in part,by
force majeure to carry out any of its obligations under this Contract,it is agreed that on such party
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,
Waste Disn sal Agent Page9
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.
6.02 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.
6.03 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,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
Director of Public Works
City of Baytown
P.O. Box 424
Baytown,TX 77522-0424
Fax: (281)420-6586
Waste Disposal Agreement.Pagel
If to the District,to
Harris County Fresh Water Supply District No. 27
c/o Jon C. Pfennig
1300 Rollingbrook Suite 606
Baytown,TX 77521
Fax: 832-556-0062
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 Assi an�ty_. 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 Sate 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.
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 CWtions. 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.
Waste Disposal Aueeimem Pagel 1
7.11 Merger. This Agreement embodies the entire understanding and agreement
between the parties as to the waste disposal services,and there are no prior effective representations,
warranties or agreements between the parties. This Agreement supercedes the 1978 Wastewater
Disposal Contract,as thereafter amended, and such contract shall have no further force and effect.
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 twenty-five(25)years. This Agreement shall be automatically extended for additional
five(5)year terms,unless either party gives written notice of termination one(1)year 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,this Agreement may terminate with respect to such area at the sole option of the City.
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 maybe executed
in a number of identical counterparts each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of this 8th
day of May ,2007.
'IV
By:(Signature) '
� (Date)
a By To 6L�� i12 �i 5� d-
y
(Printed Name)
0
V y
(Title)
d6b y* g�QQ� Harris County Fresh Water Supply District No. 27
ATTEST:
(Signatur
Linda Enderli
(Printed Name)
Secretary, Board of Supervisors
(Title)
Waste Disposal Agreement,Pagel
APPROVED AS TO FORM:
R
(Si ature)
Jon C. Pfenniq
(Printed Name)
Attorney
(Title)
CITY
ROBERT D.LEIPER (Date)
Interim City Manager
City of Baytown,Texas
ATTEST:
LORRI COODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
P.Ware Ws1cs\Conuaet M ter&Weatawater Agmc=nAHCFWSD n 2 AWASTEH2OConuaca20070307.dw
Waste DiMosal Agreement.Page13
ARTICLE V. INDUSTRIAL WASTE Page 1 of 10
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)(11), 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
EM A
ARTICLE V. INDUSTRIAL WASTE Page 2 of 10
authorized representative.
Biochemical oxygen demand (BOD) means the quantity of oxygen by weight, expressed in
mg/I, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five
days at a temperature of 20 degrees Celsius.
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/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.
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(IU) 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
ARTICLE V. INDUSTRIAL WASTE Page 3 of 10
from other sources, both: (i) 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
Il, 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/l) 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 (i) 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(ili)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
newfacility 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 (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
ARTICLE V. INDUSTRIAL WASTE Page 4 of 10
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 Aischarge 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.
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 wellto 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 carving wastewater or unpolluted drainage in which
owners of abutting properties shall have the use, subject to control by the city.
Publicly-owned treatment works (POTI49 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
ARTICLE V. INDUSTRIAL WASTE Page 5 of 10
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 opinionof
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.
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;
ARTICLE V. INDUSTRIAL WASTE Page 6 of 10
(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)
Cross references: 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.
ARTICLE V. INDUSTRIAL WASTE Page 7 of 10
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 et 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;
(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)
ARTICLE V. INDUSTRIAL WASTE Page 8 of 10
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
(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)
ARTICLE V. INDUSTRIAL WASTE Page 9 of 10
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 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)
ARTICLE V. INDUSTRIAL WASTE Page 10 of 10
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.
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 Page 1 of 8
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
Subdivision 1. 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.
(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
t..._.ena----.•t .--....:...,Ae 12 P)n 1')Af%7
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 2 of 8
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 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
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 3 of 8
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
hasnot 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.
(e) 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 11. 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)
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
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 4 of 8
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
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 5 of 8
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 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 usermay 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.
(a) 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 disconti n u ed 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)
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 6 of 8
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 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
collectother 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(f); 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 fails 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 endangermenthas 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
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 7 of 8
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 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 111. 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 fails 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
lawor 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.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 8 of 8
(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 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 Page I of 6
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 permittee of its obligation to obtain other permits required
by federal, state or local law.
(e) 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 contractwith 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 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.
(i) 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
DIVISION 3. PERMITS Page 2 of 6
be filed at least 90 days prior to the anticipated startup date.
0) Certirrcation 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 certirication statement. The certification statement required in subsection (j)
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)
DIVISION 3. PERMITS Page 3 of 6
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 exceednine 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;
—..-:..-A /«.....T....\l:e...iI AMI/l n 1')i21'71'2 )n �inn rnnn.,
DIVISION 3. PERMITS Page 4 of 6
(13) All plans required must be certified for accuracy by a professional engineer
registered in the state unless otherwise accepted by the director; and
(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.
DIVISION 3. PERMITS Page 5 of 6
(Code 1967, § 34-58(15); Ord. No. 6191, § 8, 3-26-92; Ord. No. 8118, § 1, 10-23-97)
Sec. 98-255. Appeals.
(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 thedate 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.
(e) 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, § 34-5809); 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
DIVISION 3. PERMITS Page 6 of 6
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.
(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 Pagel of 3
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
(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:
TABLE INSET:
DIVISION 4. USER CHARGES AND AGREEMENTS Page 2 of 3
User charge = [ BOD + TSS x (0&M cost) x (Volume)
250 250
Where:
TABLE INSET:
Represents the biochemical oxygen demand in mg/I of the industrial waste.
BOD Note: For concentrations less than or equal to 250 mg/I, the value of BOD shall
be considered zero.
Represents the biochemical oxygen demand in mg/l of the industrial waste.
TSS Note: For concentrations less than or equal to 250 mg/I, the value of TSS shall
be considered zero.
O&M Represents operations and maintenance cost of the city's sewer works. Note:
cost The operations and maintenance cost as determined by the city shall be
periodically updated.
Volume Represents volume discharged in thousand gallons.
(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)
DIVISION 4. USER CHARGES AND AGREEMENTS Page 3 of 3
Secs. 98-291--98-315. Reserved.
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 1 of 6
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS
Sec. 98-316. Prohibited discharges.
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.
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 2 of 6
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.
(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/l), 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/l;
(3) Cadmium, 3.34 mg/I;
(4) Chromium, 15.41 mg/l;
(5) Copper, 2.49 mg/l
(6) Cyanide, 0.11 mg/l;
(7) Lead, 6.39 mg/l;
(8) Mercury, 0.03 mg/l;
(9) Nickel, 3.79 mg/I;
(10) Silver, 0.48 mg/l; 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;
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 3 of 6
(2) Beryllium;
(3) Bismuth;
(4) Cobalt;
(5) Molybdenum;
(6) Tin;
(7) Uranyl ion;
(8) Rhenium;
(9) Strontium;
(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.
(e) 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/1 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
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 4 of 6
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 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.
(i) 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.
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 5 of 6
(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;
(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
. .. .n• n ._-.--__a.. ........1.r..../T1.,..\/:.,.../1/1!1'1'1/1/Z17/Z1'7/Z'1'1 �i�nr�n�-
DIVISION 5. DISCHARGE PROHIBITIONS AND LIMITATIONS Page 6 of 6
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 nonprohibited
wastesmay 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.
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 impositionof mass limitations is appropriate.
(Code 1967, § 34-53(f); 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 Pagel of 8
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 daily 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).
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
DIVISION 6. REPORTING AND SAMPLING Page 2 of 8
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)
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
DIVISION 6. REPORTING AND SAMPLING Page 3 of 8
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. Inaddition, 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)
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
DIVISION 6. REPORTING AND SAMPLING Page 4 of 8
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(0; 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.
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.
, .. ,,,-, -- , -..-:--A- 4 i)')Mrtf%7
DIVISION 6. REPORTING AND SAMPLING Page 5 of 8
(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 I, 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 bemade 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 pretreatment standard must submit a baseline monitoring
DIVISION 6. REPORTING AND SAMPLING Page 6 of 8
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
proposesto 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(I); 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 analyticalprocedures, 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:
- - -_. .--___ ._.„1. - „..,,.
DIVISION 6. REPORTING AND SAMPLING Page 7 of 8
(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 borne 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 oneof 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,
additional/alternate 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
Il, 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 variancedoes 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)
DIVISION b. REPORTING AND SAMPLING Page 8 of 8
Sec. 98-366. Recordkeeping.
(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 Pagel of3
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.
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
borne 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
DIVISION 7. COMPLIANCE MONITORING Page 2 of 3
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 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 fire 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)
DIVISION 7. COMPLIANCE MONITORING Page 3 of 3
Secs. 98-403--98430. Reserved.
DIVISION 8. ACCIDENTAL DISCHARGES Page I of 2
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)
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
theuser'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
userof 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.
DIVISION 8. ACCIDENTAL DISCHARGES Page 2 of 2
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 98433; 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 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. 98436--98-470. Reserved.
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CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS §
COUNTY OF HARRIS §
I, the undersigned officer of the Board of Supervisors of Hams County Fresh Water Supply
District No.27,Harris County,Texas,do hereby certify as follows:
1. The Board of Supervisors of Hams CourgyFresh Water Supply District No.27 convened
in regular session on the 9 —_ day of ,2005,at the regular meeting place within
the boundaries of the District, and roll was ca d of the duly constituted officers and members of the
Board,to-wit:
Pauline Plante Brister President
Sam Pevoteaux Vice-President
Linda Enderli Secretary
Jack Pennington Supervisor
Lloyd Adams Supervisor n QQ�
and all of said persons were present, except Supervisor(s) 4&J Odal t.o", thus
constituting a quorum. Whereupon, among other business,the following w& transacted at the meeting: a
written
ORDINANCE ADOPTING AMENDED RATES AND FEES FOR SERVICES AND RULES AND
REGULATIONS; ESTABLISHING CERTAIN OTHER POLICIES AND PROVIDING PENALTIES
AND VIOLATION THEREOF
was introduced for the consideration of the Board. It was then duly moved and seconded that the
Ordinance be adopted; and, after due discussion, the motion, carrying with it the adoption of the
Ordinance,prevailed and carried unanimously.
2. That a true, full and correct copy of the aforesaid Ordinance adopted at the meeting
described in the above and foregoing paragraph is attached to and follows this certificate; that the
Ordinance has been duly recorded in the Board's minutes of the meeting; that 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; that 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 the aforesaid meeting, and
that the Ordinance would be introduced and considered for adoption at the meeting, and each of the
officers and members consented, in advance, to the holding of the meeting for such purpose; that the
meeting was open to the public as required by law; and that public notice of the time,place and subject of
the meeting given as required by Chapter 551,Texas Government Code,and Section 49.063,Texas Water
Code.
SIGNED AND SEALED on the-- day of 24 2005.
WATE.9 HARRIS COUNTY FRESH WATER SUPPLY
Q�g �2 DIS CT NO. 27
> s
z Name: LINDA E
o (D eal) Z Title: Secretary
EXHIBIT
ORDINANCE NO. 2005-
ORDINANCE ADOPTING AMENDED RATES AND FEES FOR SERVICES AND
RULES AND REGULATIONS; ESTABLISHING CERTAIN OTHER POLICIES AND
PROVIDING PENALTIES AND VIOLATION THEREOF
THE STATE OF TEXAS §
COUNTY OF HARRIS §
HARRIS COUNTY FRESH WATER SUPPLY §
DISTRICT NO. 27 §
WHEREAS, the Board of Supervisors (the "Board') of Hams County Fresh Water Supply
District No. 27 (the "District's has from time to time adopted certain ordinances ("Rate
Ordinances') and Rules and Regulations establishing the rates and conditions under which water
and sanitary sewer service would be provided; and
WHEREAS,the Board of the Supervisors has determined that it is in the best interest of the
District to amend its Rate Ordinance;
IT IS, THEREFORE, ORDERED BY THE BOARD OF SUPERVISORS OF HARRIS
COUNTY FRESH WATER SUPPLY DISTRICT NO.27 THAT:
SECTION 1-1. Rates
On or after the effective date of this ordinance, the following rates apply to all customers, except
multi-family residents served from master meters.
a)Water:
Minimum of$14.00 for the First 2,000 gallons,
then $3.50 per 1,000 gallons up to 10,000 gallons,
then $4.10 per 1,000 gallons up to 20,000 gallons,
then $4.70 per 1,000 gallons up to 30,000 gallons,
then $5.30 per 1,000 gallons up to 40,000 gallons,
then $5.90 per 1,000 gallons up to 50,000 gallons,
then$6.50 per 1,000 gallons up to 60,000 gallons,
then $7.10 per 1,000 gallons up to 70,000 gallons,
then $7.70 per 1,000 gallons up to 80,000 gallons,
then $8.30 per 1,000 gallons thereafter.
1
b Sewer:
Minimum of$14.00 for the First 2,000 gallons,
then $3.50 per 1,000 gallons up to 10,000 gallons,
then $4.10 per 1,000 gallons up to 20,000 gallons,
then $4.70 per 1,000 gallons up to 30,000 gallons,
then $5.30 per 1,000 gallons up to 40,000 gallons,
then$5.90 per 1,000 gallons up to 50,000 gallons,
then$6.50 per 1,000 gallons up to 60,000 gallons,
then $7.10 per 1,000 gallons up to 70,000 gallons,
then $7.70 per 1,000 gallons up to 80,000 gallons,
then $8.30 per 1,000 gallons thereafter.
0 Out of District Fee:
Each customer located outside of the boundaries of the District shall be charged a monthly out-
of-district fee of 1%s times the rates established in Section 1-1.
d)Multi-Family Residents served from Master Meters:
Minimum Charge: 2,000 gallons $7.00 per habitable multifamily unit
2,001 to 10,000 gallons $1.75 per 1,000 gallons,
10,001 to 20,000 gallons $2.05 per 1,000 gallons,
20,001 to 30,000 gallons $2.35 per 1,000 gallons,
30,001 to 40,000 gallons $2.65 per 1,000 gallons,
40,001 to 50,000 gallons $2.95 per 1,000 gallons,
50,001 to 60,000 gallons $3.25 per 1,000 gallons,
60,001 to 70,000 gallons $3.55 per 1,000 gallons,
70,001 to 80,000 gallons $3.85 per 1,000 gallons,
then $4.15 per 1,000 gallons thereafter.
SECTION 1-2. Deposits
a) Customer Deposits:
All customer accounts are required to have a service deposit. The only exceptions are
governmental agencies, public education facilities, public utilities, and any current customers as
of the date of this ordinance not previously required to have a service deposit. All deposits shall
be held by the District until all water and/or sewer service have been terminated. Upon
termination of service, the deposit shall be refunded in full providing the current balance owed
the District for all water and sewer service shall be paid in full. In the event an outstanding
balance exists at the time of termination of service on any account with the District, the
customer's deposit will be applied to the outstanding balance. The customer may request the
District to hold the deposit in an inactive status.
2
The amount of deposit shall be:
Residential Deposit- Renters $100.00
Residential Deposit- Owners $80.00
Commercial Deposit $250.00
(With Board Approval)
b) Proof of Home Ownership Status:
Customer shall submit the following documents evidencing ownership of property: Warranty
Deed, Deed of Trust, or other legal documents indicating ownership, together with a valid Texas
driver's license.
c) Out of District Customers:
The deposit for out of district customers shall be 1'/z times the above rate schedule.
d)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. The deposit shall be
returned to the person who originally signed the application for service upon termination of
service. Exceptions to this rule shall be by written authorization by the original applicant or
other evidence indicating change of ownership, such as death certificate, letters testamentary,
divorce decree, or affidavit of heirship. No interest shall be payable to the Customer on any
security deposit.
e)Non-Payment of Taxes:
In addition, the District may discontinue any or all facilities or services to prevent an abuse or to
enforce payment of an unpaid charge, fee, or rental due the district (including taxes that have
been delinquent for not less than six (6) months) upon observance of the procedure appropriate
to the circumstances.
SECTION 1-3. Service Policy
a Billing Procedures:
l) Due Date and Delinquency. Payment shall be due on or before the fourteenth
(14`h) day after the date of 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. All accounts not paid
3
by the due date shall be deemed delinquent and failure to make payment thereafter may
result in the termination of water and sewer service.
2) 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 on the tenth
(10`h) day after the date of such notice unless payment in full is received by such day.
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 the right to contest,
explain, or correct the charges, services, or disconnection. 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
discontinued. 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 1-5,
a reconnect fee of$25.00, and a turn on fee of$10.00.
b)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.
c Damage to District Facilities:
1) 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.
2) Rightpair. The District reserves the right to repair any damage to the
District's System and appurtenances without prior notice 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 the portion of the System so damaged.
4
SECTION 14. Connection Policy,Tap Fees and Extension Charges
a)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 Ordinance. No service shall be established or be
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.
b)Policies Governing Connections:
1) 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.
2) Availability 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 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.
c Tap Fees:
1_ Water Taps. This term includes service lines from main line to property
line, connections, meter box and water meter. Water taps must be paid in advance.
Required tap sizes shall be established by the District's personnel.
2) Non-taxable organizations. In accordance with the limitations set by Section
49.212 of the Texas Water Code, water connections to non-taxable entities are made at
the District's actual cost.
3) Sanitary Sewer Taps. Sanitary sewer taps include service lines from main line to
property line, connections, stack, and clean-out at the property line. The required
minimum tap size shall be established by the District.
4) Non-taxable organizations. In accordance with the limitations set by
Section 49.212 of the Texas Water Code, sewer connections to non-taxable entities are
made at the District's actual cost.
5
5) Developer Installed Tans. Where a land developer installs water and/or
sewer taps, the homebuilder is required to pay for the water meter set-up fee and the
sewer connection fee.
Big Tap 2"Water and 6" Sewer Entry Fee $3,000.00
($500.00 of each sewer entry fee must be paid to the City
of Baytown as a capital recovery fee for the City of
Baytown.)
Sewer Add-On Entry Fee $1,100.00
Regular Water Tap &Meter Lease $ 500.00
Regular Sewer Tap $ 600.00
Inspection Fee for Water or Sewer Hookup $ 25.00
Inspection Fee for Building $ 45.00
6) Out of District Tap Fee. Customers outside of the District's
boundaries shall pay two times the fees established for water and sewer connections.
d)Extensions:
Requests for extension of water and/or sewer service shall be handled on a case-by-case basis,
limited to availability of service.
SECTION 1-5. Miscellaneous Fees
aa)Temporary Tum-On Fee (Clean Up &Plumbing Tests):
A fee of$10.00 will be charged in the event a customer requests temporary service, such as clean
up of rental property. There is a seven (7) day time limit on this service. At the conclusion of
the seven (7) day period, actual consumption of water will be charged if consumption exceeds
3,000 gallons.
b) Insufficient Check Charge
In the event the District receives a returned check from the bank due to insufficient funds, the
district office or its authorized representative will notify the customer immediately by telephone
or by mail. An insufficient check charge of$25.00, together with the face value of the check,
must be made in either cash or money order or service shall be terminated.
6
c) Reconnect Fee
Where it is necessary to disconnect water service for non-payment, the Reconnect Fee shall be
$25.00.
d)Turn On Fee
Where it is necessary to disconnect water service for non-payment, the Turn On Fee shall be
$10.00.
e)Broken Lock Fee
When it is necessary, for the replacement of a broken lock, the Broken Lock Fee shall be $50.00
for the replacement.
f)Duplicate Copy Fee
All persons requesting copies of documents shall be charged $1.00 per each copy.
g)Late Penalties
All customers, except those who have notified the District that they are age 60 or older, in
accordance with Texas Utility Code § 182.002, shall be charged a late penalty of 10% of the
unpaid balance for any amount owing the District after the due date. Customers age 60 and older
have 25 days to pay without incurring a penalty or late charge.
SECTION 1-6. 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 the Rules and Regulations:
1) 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
District has sustained due to the violation up to $5,000.00. 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
7
the District before the court. The amount of the attorney's 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 Regulation 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.
SECTION 1-7. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, recording, and
publication as provided by law, in particular, Texas Water Code §53.122 which provides for
publication once a week for two consecutive weeks in one or more newspapers in the area in
which the property of the District is located.
ASSE , ADOPTED, ORDERED, and APPROVED as of the day of
2005.
HARRIS COUNTY FRESH WATER SUPPLY
W A TEq* DISTRICT NO.`
� o '
Pauline P. Brister
President, Board of Supervisors
/,�................................................
Linda Enderli
Secretary,Board of Supervisors
8
ARTICLE IV. SEWER SERVICE* Page I of 5
ARTICLE IV. SEWER SERVICE*
*Cross references: Plumbing code, § 18461 et seq.; maintenance of private sewer lines, §42-63;
sewage and mobile home parks, § 58-145.
Sec. 98-91. Sewer service charge.
(a) Rate schedule. The sewer service rate schedule shall be as follows:
(1) First 2,000, minimum monthly rate . . . $10.15
(2) All over 2,000, per 1,000 gallons . . . 3.66
(b) 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:
TABLE INSET:
Gallons of Water Sewer Service Rate to be Charged
Used per Month
First 2,000 gallons Minimum monthly rate
Next 10,000 gallons per 1,000 gallons Standard rate
Thereafter I 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:
TABLE INSET:
Sewer Service Rate
Gallons of Water to be
Used per Month Charged
Minimum monthly
First 2,000 gallons times the number of occupied units rate times thenumber of
occupied units
Excess of 2,000 gallons times the number of occupied units, per Standard rate
1,000 gallons
occupied units in the project shall be taken to be the total number of units in the project,
i'
ARTICLE IV. SEWER SERVICE* Page 2 of 5
unless the project manager shall report to the city on the form provided in Annex A in
subsection (e) of this section 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 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:
TABLE INSET:
Sewer Service
Gallons of Water Rate to be
Used per Month Charged
Minimum
First 2,000 gallons monthly rate
Thereafter, 1,000 gallons Standard rate
(d) 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:
TABLE INSET:
Sewer Service
Gallons of Water Rate to be
Used per Month Charged
Minimum monthly
rate
First 2,000 gallons times the number of occupied spaces umber
of es then paces
Excess of 2,000 gallons times the number of occupied units, per Standard rate
1,000 gallons
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 in subsection (e) of this section
the actual number of occupied spaces.
(e) Annex A. Annex A referred to in this section shall be as follows:
ANNEX A
Utility Billing Supervisor
City of Baytown
P. O. Box 424
Baytown,Texas 77520
Dear Sir:
I hereby certify that I am the owner (or manager) of a multifamily dwelling project located at
Street, Baytown, Texas. This project is known as the
(indicate the project's name, if applicable). I hereby certify that the aforementioned project has
(number) units. I further certify that as of the first day of the current calendar month,
there were (number) occupied units in the project, and that there were
(number) unoccupied units. I understand that the information hereby given is to be used by the
. _ . .. -._ - 1)11111111AA7
ARTICLE IV. SEWER SERVICE* Page 3 of 5
City of Baytown in computing 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 tenth
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
{f) 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 appliedas follows:
(1) If all of the user's water is purchased from the city, the sewer service charge shall
be $2.25 per 1,000 gallons of water used per month or $2.25 per 1,000 gallons of
wastewater delivered to the city if the wastewater is metered as provided in this article;
or
(2) If the user is not purchasing all of its water from the city, the sewer service charge
shall be $2.35 per 1,000 gallons of water used per month, or $2.35 per 1,000 gallons of
wastewater delivered to the city if the wastewater is metered as provided in this article.
(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; 9-14-95. Ord. No. 8061 § 2 9-11-97; Ord. No.
Ord. No. 7097, § 2, 9-22-94; Ord. No. 7392, § 2,
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)
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 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 forapproval 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; or
b. Any other amount as may be otherwise established and approved in writing
- __ •-_ 7 Inn N9nn'7
ARTICLE IV. SEWER SERVICE* Page 4 of 5 I
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 1/2 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.
(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)
Sec. 98-93. Billing; payment; penalty; discontinuance of service.
(a) For convenience of collection, the sewer service charge shall be added to the monthly
water bills prepared by or 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 amountof 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 $350.00 for each and
every four-inch sewer tap made within the city limits and shall assess and collect a sewer tap
fee of $500.00 for each and every finished sewer tap made outside 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 supervisor
with consultation of the director of utilities.
(b) 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.
ARTICLE IV. SEWER SERVICE* Page 5 of 5
(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)
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.