HomeMy WebLinkAboutO-1989-1663
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o RD I NAN C E NO.
1663
AN ORDINANCE AMENDING ARTICLE 12 1/2 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF
THE CITY OF LA PORTE, REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO
PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS, PROMULGATING REGULATIONS
AND ESTABLISHING CHARGES FOR SERVICES RENDERED; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF
A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO
HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALING
CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of'La Porte, Texas, has provided facilities for the
collection and treatment of sewage to promote the health, safety, and
convenience of its people and for the safeguarding of water resources
common to all, and
WHEREAS, provision has been made in the design, construction, and
operating of such facilities to accommodate certain types and
quantities of industrial wastes in excess of, and in addition to,
normal sewage, and
WHEREAS, it is the obligation of the producers of industrial wastes to
defray the cost of the waste treatment services rendered by the City of
La Porte in linear proporti~n to the cost of the waste treatment
facilities and of the operation and maintenance costs, utilized in
treating the industrial wastes, and
WHEREAS, proper protection and operation of the collection and
treatment facilities m~y require either the excluding, pretreatment, or
controlled discharge at point of origin of certain types or quantities
of industrial wastes,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE:
Section 1
Definition of terms.
For the purpose of interpreting this ordinance, certain words used
herein are defined as follows:
1. Administrative Officers - Any office referred to in this ordinance
by title, i.e., City Manager, City Attorney, City Secretary,
Public Works Director, etc., shall be the person so retained in
this position by the City, or duly authorized representative.
2. Amenable to Treat~ent - The words "amenable to treatment" shall
mean that a subst~nce is s~sceptible to reduction in concentration
by treat~ent provided in the City's sewage tre~tment plant, to a
level which is acceptable for discharge into a stream.
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3. ADDrovin~ Authority - The words "Approving Authority" shall mean
the Director of Public Works, or his duly authorized
representative.
4. BOD - The letters "BOD" (denoting Biochemical Oxygen Demand) shall
mean the' quantity of oxygen utilized in the biochemical oxidation
of organic matter under standard laboratory procedures in five (5)
days at 20 degrees C., expressed in mg/l. The laboratory
determination shall be made in accordance with the procedures set
forth in "Standard Methods".
5. il.t.Y - The word "City" shall be the City of La Porte, Texas or any
authorized person acting in its behalf.
6. City Council - The words "City Council" shall be the duly elected
governing body of the City of La Porte.
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COD - The let tel "COD" (denoting ChemiCaleygen Demand) shall
mean the measure of oxygen consuming capacity, expressed in mg/l.
It is expressed as the amount of oxygen consumed from a chemical
oxidant in a specific test. It does not differentiate between
stable and unstable organic matter and thus may not correlate with
BOD.
8.
Composite Samples - The words "composite samples" shall mean
samples composited during a period of time exceeding fifteen (15)
minutes.
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Domestic Sewage - The words "domestic sewage" shall mean
w~ter-borne wastes normally discharging from the sanitary
conveniences of dwellings (including apartments, houses, and
hotels), office bUildings, factories, and institutions, free from
storm surface water, industrial wastes, and in which the average
concentration of total suspended solids is not greater than 300
mg/l and BOD is not more than 250 mg/l.
Drv Industrv - An industry or business discharging only domestic
sewage into the City sewer system.
Garbage - The word "garbage" shall mean solid wastes and residue
from the preparation, cooking, and dispensing of food, and from
the handling, storage, and sale of food products and produce.
Grab Samples - The words "grab samples" shall mean samples taken
during a period of fifteen (15) minutes or less.
Industrial User - The wOI~ds "Industrial Usel'" shall mean an
industry or business which discharges wastewater into the City's
sewage treatment plant.
Industrial Waste Questionnaire - The words "Industl~ial Waste
Questionnaire" shall mean the document provided by the Approving
Authority to all applicants on which basic information and data
are placed describing the applicant's production process, raw
materials, and other information as deemed necessary by the
Approving Authority to accurately assess the nature of any
potential waste discharges.
Industrial Wastes - The words "industrial \v8stes" shall mean all
water-borne solids, liquids, or gaseous wastes resulting from any
industrial, manufacturing, or food processing operation or
process, or from the development of any natural resource, or any
mixture of these with water or domestic sewage, distinct from
domestic sewage.
Interference - The wor'd "interfer'ence" shall mean the inhibi tion
of or disruption of the sewage treatment process operations in a
manner which causes or contributes to a violation of any
requirement of the City's National Pollutant Discharge Elimination
System (NPDES) permit. This term includes contamination of
municipal sludge.
Lowel~ Explosive Limit - The words "lower' explosive limit" shall
mean the concentration of a gas or vapor (in percent by volume)
which, in the presence of an ign,itjon source, will ignite.
Milligrams Per Liter (mg/l) The words "milligrams per liter" is
a weight-per-volume concentration; the milligrams per liter value
multiplied by the factor 8.34 is equivalent to pounds of
constituent per million gallons of water.
Natural Outlet - The words "natural outlet" shall mean any outlet
into a watercourse, pond, ditch, lake, or other body of surface or
ground wa'te r.
Pass Through - The tllOl"'ds "pass-through" shall mean a conditi.on in
which pollutan ts en te ring the sewage t.1~ea tment wo rks are
incomple~ely removed resulting in discharge concentrations which
violate NPDES or other state and federal water quality standards.
Pe rmi t tee - The wo rd "Pe I~rni t tee" shall mean a pe t'son gran ted a
permit under this ordinance.
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~Q.U - The wo. "person" shall mean any _ all persons, natural
or artificial, including any individual, firm, company, industry,
municipal or private corporation, association, society,
governmental agency, other entity and agents, servants, or
employees.
Q.tl - The letters "pH" shall mean the reciprocal of the logarithm
(Base 10) of the hydrogen ion concentration of a solution.
Pollutant - The term "pollutant" shall mean the inducement of
dredged spoils, solid wastes, incinerator residue, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, heat, wrecked or discarded
equipment, rock, sand, cellar dirt and industrial, municipal and
agricultural waste into water.
P rio ri t v Pollutant - The te r'm "prio ri ty pollutant" shall mean any
pollutant discharged into the sewage works of the City that may
cause interference, upset, or pass through.
P ret reatrnen t Standar:.dli - The wo r'ds "P r'et IAea tment Stand a rds" shall
mean the pollutant concentration discharge limitations stipulated
in the National Pretreatment Standards promulgated by the United
States Environmental Protection Agency, and discharge limitations
developed by the City.
Prooerly Shredded Garbage - The words "properly shredded garbage"
shall mean the wastes from the preparation, cooking, and
dispensing of food that has been shredded to such a degree that
all particles will be carried under the flow conditions normally
prevailing in public sewers, with no particles greater than
one-half inch in any dimension.
Public Sewer - The words "public sewer" shall mean a sewer in
which all owners of abutting properties shall have equal rights
and which is controlled by public authority.
Sanitary Sewer' - The words "sanitary sewer" shall mean a sewer
which carries sewage and to which storm, surface, and ground
waters are not admitted.
Sewage - The word "sewage" shall mean a combination of
water-carried waste from residences, buildings, institutions, and
industrial establishments.
Sewage Treatment Plant - The words "sewage treatment plant" shall
mean any arrangement of devices and structures used for treating
sewage.
Sewage Works - The words "sewage works" shall mean all facilities
for collecting, pumping, treating, and disposing of sewage.
Sewer - The word "sewer" shall mean a pipe for carrying sanitary
sewage.
Sewer Servicie Charge - The words "sewer service charge" shall mean
the charge made on all users of the public sewerage system whose
wastes do not exceed the strength and concentration values
established as representative of domestic sewage.
Shall - The word "shall" wherever used in this ordinance, will be
interpreted in its mandatory sense; "may" is permissive.
Slug - The wo rd "slug" shall ,mean any di.scharge of water, sewage,
or industrial waste which, in concentration of any constituent or
in quantity of flow, exceeds for ~ny period of duration longer
than fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration or flows during the normal
ope ration.
Standa rd Methods - The wo lAds "Stand a rd s Method s" shall mean the
examination and analytical procedures set forth in the latest
edition, at the time of analysis, of "Standard Methods for the
Examination of Water and Wastewater" as prepared, approved, and
published jointly by the American Public Health Association, the
American Water Works Association, and the Water Pollution Control
Federation.
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Storm Sewer or .orm Drain - The words lIsten
drain" shall mean a sewer which carries storm
but excludes sewage and industrial wastes.
39. Sto rm ''\Tate r Runoff - The wo rds "sto rm wa te r runoff" shall mean
that portion of the rainfall that is drained into the storm
sewe rs.
sewer or storm
and surface waters
40. Surcharge - The word "surcharge" shall mean the charge in addition
to the published water and sewer rates. The basis for surcharges
on industrial wastes is a capital and operating cost for suspended
solids, and BOD exceeding "domestic" sewage.
41. Suspended Solids - The words "suspended solids" shall mean solids
that either floa~ on the surface of~ or are in suspension in,
water, sewage, or other liquids, and which are removable by
laboratory filtration. Quantitative determination of suspended
solids shall be made in accordance with procedures set forth in
"Standard Methods".
42. To Discharge - The words "to discharge" shall mean 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 emissions.
43. Total Hvdrocarbo[Ui - The words "total hydrocarbons" shall mean the
total concentration of identifiable organic compounds present in
sewage, expressed in mg/l. This value shall not include complex
organic compounds normally associated with decayed material of
biological origin.
LILI. Total Tox ic 0 rgan ic s - The wo rds "total tox ic 0 rgan ics" shall mean
the sum of the concentrations of any organic pollutants present in
sewage which are identified by the U.S. EPA as priority
pollutants.
45. Trao - The word "tJ~ap" shall mean a device designed to skim,
settle, or otherwise remove grease, oil, sand, flammable wastes,
and heavy metals.
46. Unpolluted Wastewater - The words "unpolluted wastewater" shall
mean any water or waste containing none of the following: free or
emulsified grease or oil; acid or alkali; phenols, or other
substances imparting taste and odor in receiving water; toxic
poisonous substances in suspension, colloidal state or solution;
and noxious and odorous gases. It shall contain not more than ten
(10) parts per million each of suspended solids and BOD. The
color shall not exceed thirty (30) parts per million measured by
the current "Standard Methods" procedure.
117. Upset - The word "upset" shall mean an exceptional incident in
which there is unintentional and temporary noncompliance with
pretreatment standards because of factors beyond the reasonable
control of the Industrial User.
48. Violation - The word "violation" shall mean noncompliance of any
Section or Subsection of this ordinance.
L19. \-latercourse - The word "Hatercourse" shall mean a natuJ~al or
man-made channel in which a flow of water occurs, either
continuously or intermittently.
50. Wet Industry - An industry o~ business discharging industrial
wastes into the City sewer system.
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SECTION 2
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ADMISSION OF WASTES INTO PUBLIC SEWERS
(A) PERMIT REQUIRED - Review and acceptance of the Approving Authority
shall be obtained prior to the discharge into the public sewers of
any wast~s or sewage bY business or industry.
1. DRY INDUSTRY CLASSIFICATION PERMIT - If upon review by the
Approving Authority, an applicant is determined to be a dry
industry as that term is defined by this ordinance, a Dry
Industry Classification Permit shall be issued. Said permit
shall be renewable every three (3) years upon a showing by
the permittee that no changes in the permittee's operations
have taken place, or will take place during the term of the
renewed permit.
2. WET INDUSTRY CLASSIFICATION PERMIT - If upon review by the
Approving Authority, an applicant is determined to be a wet
industry as that term is defined by this ordinance, a Wet
Industry Classification Permit shall be issued only after the
applicant is in compliance with Section 2, Section 1, and
Section! of this ordinance. An applicant for a Wet Industry
Classification Permit, or any renewal thereof shall pay a fee
of twenty-five dollars ($25.00) for each application for said
permits thereof. A Wet Industry Classification Permit shall
be renewed on an annual basis. The permit is valid for one
(1) year from the date of issue so long as the Permittee is
in compliance with conditional requirements as stipulated
within the permit. The Permittee must submit his renewal
application to City Hall (Code Enforcement Department) ten
(10) days prior to 'expiration of his current pel~it. The
application will not be accepted unless the fee is paid and
submission of information is complete.
(B) PRETREATMENT - Where required, in the opinion of the Approving
Authority, to modify or eliminate wastes that are harmful to the
structures, process, or operation of the sewage disposal works, or
to comply with pretreatment standards and discharge limitations as
specified in Section 1 of this ordinance, the person shall
provide, at his expense, such preliminary treatment or processing
facilities as may be determined necessary to render his wastes
acceptable for admission to the public sewer.
(C) PRE-APPLICATION CONFERENCE - Prior to filing an Industrial Sewer
Connection Application, the Applicant shall consult with the
Approving Authority, or his duly authorized representative,
concerning the types, concentration, and volumes of industrial
wastes proposed for discharge and shall complete the Industrial
Waste Questionnaire. Conditional approval as to the general
requirements must be obtained from the Approving Authority prior
to preparation of the Industrial Sewer Connection Application.
(D) APPLICATION REQUIREMENTS - The Industrial Sewer Connection
Application shall contain, as a minimum, the following
information:
1. A map of the property showing accurately all sewers and
drains.
2. A complete schedule of all process waters and raw industrial
waste produced or expected to be produced before pretreatment
(if any) at said property, including a description of the
character of each waste, the daily volume and maximum rate of
discharge and representative analysis of the raw waste.
3. Plans and specifications covering all pretreatment facilities
for waste treatment proposed to be performed on the waste
under this permit with a full description - including
laboratory analysis - of the character of the waste to be
discharged to the public sewer, daily volume and maximum rate
of discharges to the public sewer.
4. Plans and specifications of the grease, oil, and sand
interceptors and control location.
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5. Applicant 4Irees to the following con~ions:
a. To operate and maintain any waste pretreatment
facilities as may be required as a condition of the
acceptance into the public sewer of the industrial
wastes involved, in an efficient manner at all times,
and at no expense to the City.
b. To cooperate with the Approving Authority and his
representatives in their inspecting, sampling, and study
of the industrial wastes and any facilities providing
p ret rea tmen t.
c. To notify the Approving Authority immediately in the
event of any accident, upset, or other occurrence that
occasions discharge to the public sewerage system of any
wastes or process waters not covered by this permit.
d. To accept and abide by all provisions of this ordinance
and of all pertinent ordinances or regulations that may
be adopted in the future.
e. To accept and pay, when billed, the sewer service charge
and industrial wastes surcharge which is over and above
the water and sewer rate of a normal discharger.
(E) SUBMISSION OF INFORMATION - Design calculations, plans,
specifications, and other pertinent information relating to
proposed industrial waste pretreatment or processing facilities
shall be submitted by a Professional Engineer registered to
practice in the State of Texas to the Approving Authority prior to
start of their construction, if the effluent is to be discharged
into the public sewers. An Industrial Sewer Connection
Application shall be fully completed and submitted to the
Approving Authority. The Applicant shall not connect to the
public sewer without prior approval by the Approving Authol~ity of
the Applicant's Industrial Sewer Connection Application. It shall
be the responsibility of the Permittee to file an Amendment for
Approval to the Permit thirty (30) days prior to the change of any
item of information on the permit. Failure to maintain the permit
as an accurate representation of the Permittee's waste discharges
to public sewers shall be cause for penalty.
(F) The Approving Authority shall issue a permit to an existing
industry or commercial business provided that:
1. The Applicant's discharge is in compliance with Section 3 of
this ordinance.
2. The Applicant has submitted a self-monitoring report program
addressing wastewater characteristics, reporting frequency,
and sampling and analytical methods that are adequate, in the
opinion of the Approving Authority, for the nature of
pollutants discharged and size of the Industrial User. All
self-monitoring samples shall be analyzed using procedures
approved by the USEPA or procedures set forth in the latest
edition of "Standard Methods".
3. Applicant is in compliance with applicable federal, state,
and local laws.
(G) The Approving Authority shall issue a permit to an existing
industry or commercial business not in compliance with discharge
limitations set forth in Section 1 of this ordinance provided the
following provisions are met:
1. The Applicant has submitted an expected compliance date,
agreed upon by the Approving Authority, after which time said
Applicant's effluent quality will meet or exceed Section 1 of
this ordinance.
2. The Applicant has submitted an installation schedule of
pretreatment devices, agreed upon by the Approving Authority.
3. Same as F-2 above.
4. Same as F-3 above.
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(H) The Approving A~ority shall issue a permttto a new industry or
business provided that:
1. The Applicant's expected discharge appears to be in
compliance with Section 1 of this ordinance, or pretreatment
facilities appear adequate for efficient treatment of
discharged waste and are capable of achieving pretreatment
standards and discharge limitations as specified in Section 1
of this ordinance.
2. Same as F-2 above.
3. Same as F-3 above.
(I) Any permit granted under this section shall be valid from the date
issued until one (1) year thereafter. A new permit must be
obtained every year.
(J) Any permit granted under this section shall be valid only for the
original Applicant and shall not be transferable.
(K) PERMIT REQUIB~M~NTS - The Approving Authority shall include the
fOllowing information on all permits:
1. Interim and final installation dates of pretreatment systems
and sample well.
2. Self-monitoring frequency and method of sample collection.
3. A list of pollutants for which the Permittee must analyze.
4. Other pretreatment requirements deemed necessary by the
Approving Authority having direct bearing on the Permittee's
compliance with this ordinance.
5. The appropriate surcharge as stipulated in SECTION 2 of this
ordinance.
(L) Permittee must comply with the following requirements as a
condition to maintain a valid permit:
1. Immediately notify the Approving Authority in the event of an
accident, spill, upset or occurrence that may re~ult in the
discharge to the Sanitary Sewer of any wastes in excess of
limits set forth in this permit.
2.. Pay the appropriate surcharge as stipulated in the permit.
3. Permit the Approving Authority, immediate entry to the
premises, including operational areas, pretreatment
facilities, etc., for inspection, sampling, etc.
4. Provide the Approving Authority, upon request, information
and data on nature of operations, operational shifts,
products produced, or services performed, chemicals used in
process, and off-site disposal of wastes.
5. Submit to the Approving Authority self-monitoring reports of
wastewater characteristics being discharged at the
above-mentioned permittee's site which includes laboratory
analysis of each sample representing normal operations
composited during a full business day.
(M) FAILURE TO COMPLY WITH ANY PERMIT REQUIREMENTS IN THIS SECTION
SHALL BE AN OFFENSE AND SHALL CONSTITUTE REASON FOR SUSPENSION.
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SECTION 3
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PROHIBITIVE DISCHARGES
(A) No person shall discharge or cause to be discharged any storm
water, ground water, roof runoff, sub-surface drainage, down
spouts, yard drains, and ponds or lawn spra~s into any sanitary
sewer. Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as storm
sewers, or to a natural outlet approved by the Approving
Authority. Unpolluted water may be discharged upon prior written
approval of the Approving Authority to a storm sewer or natural
outlet, or into the sanitary sewer system by an indirect
connection whereby such discharge is cooled, if required, and
flows into the sanitary sewer, provided the waste does not contain
materials or substances in suspension or solution in violation of
the limits prescribed by this article.
No person shall ever i~crease the use of process water or, in any
way, attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with
pollutant-specific limitations contained in this ordinance or any
Federal Categorical Pretreatment Standards.
In cases where, and in the opinion of the Approving Authority, the
character of the sewage from any manufacturer, or industrial plant
building, or other premises is such that it will damage the system
or cannot be treated satisfactorily in the system, the Approving
Authority shall have the right to require such user to dispose of
such waste otherwise and prevent it from entering the system.
No person engaged in commercial hauling of waste shall drain,
flush, or clean out any tanks containing chemical liquid waste for
the purpose of transporting such waste to a site of disposal
unless such person possesses a permit from the City or State of
Texas to perform such acts or services. Any facility that cleans
out any tanks that contains chemical liquid waste shall keep a log
of operation that is acceptable to the Approving Authority and
made available for inspection by the City at any reasonable time.
No waste whatsoever from outside the City shall be hauled into the
City for disposal within the City unless written approval is
obtained from the Approving Authority.
(B) No person shall discharge into the public sewer or cause to be
discharged either directly or indirectly any of the following
described substances, materials, water or waste:
1. Any liquid having a temperature higher than one hundred fifty
(150) degrees Fahrenheit (sixty-five [65] degrees centigrade)
or liquid which raises the temperature of the sewage
treatment plant's influent to one hundred four (104) degrees
Fahrenheit or above.
2. Any water or wastes which contain wax, grease, or oil,
plastic or other substance that will solidify or become
discernibly viscous at temperatures between thirty-two (32)
degrees and one hundred fifty (150) degrees Fahrenheit.
3. Any solids, liquids or gases which by themselves, or by
interaction with other substances, may cause fire or
explos ion haza rds, 0 f' in any othe I" way be j njuI'ious to
persons, property, or the operator of the sewage works.
4. Industrial waste which creates an atmosphere in the sewer
measuring greater than ten per cent (101) of the lower
explosive limit. Instruments used for the measurement of
explosivity shall use units of percent of LEL, shall be
calibrated before and after use with standard mixtures, shall
be accurate to plus or minus twenty percent (201), shall be
serviced at intervals recommended by their manufacturer, and
shall be approved by the Approving Authority.
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5.
Any solids.slurt'i.es or viscous subst~es of such character
as to be ~ble of causing obstructi~to the flow in
sewers, or other interference with the proper operation of
the sewage works, such as ashes, cinders, sand, mud, straw,
shavings, metal, glass, rags, feathers, tar, plastics, wood,
whole blood, paunch manure, hair and fleshing, entrails, lime
slurry, lime residues, slops, chemical residues, paint
residues, or bulk solids.
6.
Any garbage that has not been properly comminuted or
sh redded .
7.
Any noxious or malodorous substance, which either singly or
by interacti~n with other substances is capable of causing
objectionable odors, or hazard to lifej or forms solids or
creates any other condition deleterious to structures or
treatment processesj or requires unusual provisions,
alteration, or expense to handle such materials, such as
aliphatic hydrocarbons, esters, and plasticizers.
8.
Any waters or wastes having a pH lower than 5.5 or higher
than 9.5 or having any corrosive property capable of causing
damage or hazards to structures, equipment, or personnel of
the sewage works and collection system.
9.
Any wastes or waters containing a toxic or poisonous
substance such as plating or heat-treating wastes in
sufficient quantity to injure or interfere with any sewage
treatment process, to constitute a hazard to humans or
animals, or to create any hazard in receiving waters or the
sewage treatment plant.
Any waters or wastes containing suspended or dissolved solids
of such character and quantity to be capable of causing
interference or pass-through in the sewage treatment plant.
11. No person shall discharge into public sewer any of the
following materials unless limits have been set by the
Approving Authority and included on the Industrial Users
permit.
Antimony
Berylli.um
Bismuth
Boron
Cobalt
Fuel Oil
Fungicides
Gasoline
Herbicides
Molybdenum
Naphtha
Insecticides
Rhen ium
Strontium
Tellur'ium
Tin
U I~anyl Ion
Radioactive Elements or
Compounds
12. Pretreatment Standards
a. No discharge may contain pollutants at concentrations
greater than the maximum allowable concentrations
listed below, in terms of milligrams per liter (mg/l).
Concentration parameters shall be adjusted as deemed
necessary by the Approving Authority.
Daily Grab
Metal Averae-e Composite Sample
(1) Arsenic O. 1 0.2 0.3
(2) Ba I~ium 1.0 2.0 4.0
(3) Cadmium 0.005 O. 1 0.2
( 4) Chromium 0.5 1.0 5.0
(5) Copper 0.5 1 .0 2.0
(6) Lead 0.5 1.0 1.5
(7) Manganese 1.0 2.0 3.0
(8 ) Me rcu ry 0.005 0.005 0.01
( 9) Nickel 1.0 2.0 3.0
(10) Selenium 0.05 O. 1 0.2
( 11) Silver 0.05 O. 1 0.2
(12) Zinc 1.0 ?.O 6.0
( 13) Any Cyanide gr'eater than 1.00 mg/l.
( 14) Any Phenols greater than 2.00 mg/l.
(15) Any Chlorj.des g r'ea te r than 250.0 mg/I.
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b. No person may discharge organic chemical to the public
sewer (other than as stated in No. 11 above) except
under the following conditions:
(1) The Approving Authority shall assess the
permittee's discharge as to the types and
quantities of organic chemicals present.
(2) The effects of each organic chemical shall be
assessed as to interference and pollutant
pass-through.
(3) The Approving Authority shall determine that the
permittee's discharge does not endanger the health
and safety of sewage works employees and La Porte
citizens. The discharge shall not contain types
and quantities of organic chemicals which singly,
or in combination, create an atmosphere in the
sewer which constitutes a violation of employee
exposure levels as stated in Occupational Safety
and Health Regulations (29 CFR 1910.1000).
(4) Using data and information obtained through 1-3
above, the Approving Authority shall establish
discharge limitations for each organic chemical the
permittee discharges or may discharge. These
discharge limitations shall become a condition of
the permittee's permit.
c. If more stringent National Pretreatment Standards (NPS)
exist for certain categories of industries or if more
stringent NPS are promulgated for certain categories of
industries by the U.S. EPA, the more stringent national
standards will apply to the affected Permittee. .
13. Except in quantities, or concentrations, or with provisions
as stipulated herein, it shall be unlawful for any person,
corporation, or individual to qischarge waters or wastes to
the public sewer containing the following:
a. Free or emulsified oil and grease exceeding, on
analysis, 200 mg/l (1,668 pounds per million gallons) of
either, or both, or combinations of, free or emulsified
oil and grease, if, in the opinion of the Approving
Authority, it appears probable that such wastes:
(1) Can deposit grease or oil in the sewer lines in
such manner to restrict flow,
(2) Can overload skimming and grease-handling
equipment.
,(3) Are not amenable to bacterial action and will,
therefore, pass to'the receiving waters without
being affected by normal sewage treatment
processes, or
(4) Can have deleterious effects on the treatment
process due to the excessive quantities.
b. Any radioactive wastes greater than the allowable
stipulated above.
c. Dissolved solids greater than 500 mg/l including but not
limited to:
(1) sodium chloride; and
(2) sodium sulfate;
d. Materia~s which exert or cause the following:
(1) Color or discoloration not amenable to treatment;
(2) BOD exceeding 5,000 mg/l with a flow volume which
produces interference;
11
(3) 4IldrOgen sulfide greater thtl 10 mg/l;
(4) Unusual flow and concentration shall be pretreated
to a concentration acceptable to the City, if s~ch
wastes 'can:
(a) caUse damage to collection facilities,
(b) impair the process,
(c) incur treatment cost exceeding those of normal
sewage,
(d) render the water unfit for stream disposal; or
(5) COD in concentrations which are not amenable to
treatment.
Where discharge of such wastes to the sanitary sewer are not properly
pretreated or otherwise corrected, the Approving Authority shall reject
the wastes or terminate the water and sanitary sewer service to
permittee's facility.
14. Unless exception is granteq by the Approving Authority, the
public sanitary sewer system shall be used by all persons
discharging:
a. (1) wastewater;
(2) industrial waste;
(3) polluted liquids;
Unless authorized by the Texas Water commission, no person
may deposit or discharge any waste included in subsection
14.a, above on public or private property or into or adjacent
to any: I
b. (1) natural outlet;
(2) watercourse;
(3) storm sewer;
(4) other area within the jurisdiction of the city.
The Approving Authority 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.
12
e
SECTION 4
e
CONTROL OF ADMISSIBLE WASTES
(A) Grease, oil and sand interceptors shall be provided for the proper
handling of liquid wastes containing grease in excessive amounts,
or any flammable wastes, sand, and other harmful ingredients;
except that such interceptors shall not be required for private
living quarters or dwellings. All interceptors shall be of a type
and capacity approved by the Approving Authority and shall be
located as to be readily and easily accessible for easy cleaning
and inspection. Grease and oil interceptors shall be constructed
of impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be substantially constructed,
watertight, and equipped with easily removable covers which, when
bolted in place, shall be gas tight and watertight. Grease, oil,
and sand interceptors shall be maintained by the person or
Permittee, at his expense, in continuously efficient operation at
all times.
(1) Grease Interceptor Sizing Formula for new business
establishments.
RESTAU RANTS:
.-liB
(D) X (GL) X (ST) X (2 ) X LF = GALLON CAPACITY
D = Number of seats in dining area
GL = Gallons of waste water per meal (2.5 gal)
ST = Storage Capacity Factor (1.7)
HR = Number of hours open
LF = Loading Factor 1.8 Freeways & Recreation areas
0.8 Main highways
0.5 Other highways
NURSING HOMES, SCHOOLS, DAY CARES:
(M) X (GL) X (ST) X (LF) = GALLON CAPACITY
M = Meals per day
GL = Gallons of wastewater per meal (2.5 gal)
ST = Storage Capacity Factor (1.7)
LF = Loading Factor 1.25 garbage disposal & dishwashing
1.0 without garbage disposal
0.75 without dishwashing
0.5 without dishwashing & garbage
disposal
(B) Within sixty (60) days from the date of passage of this ordinance,
any person discharging or desiring to discharge an industrial
waste mixture into the public sewers of La Porte, or any sewer
connected therewith, shall provide and maintain in a suitable,
accessible position on the Permittee's premises, or such premises
occupied by him a sample well or manhole near the outlet of each
sewer, drain, pipe, channel, or connection which communicates with
the sewer or sewage works of the City, or any sewer connected
therewith. Each such manhole or sample well shall be of such
construction and design which will prevent infiltration by ground
and surface waters, 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
construction of the sample wells shall be included with the
Industrial Sewer Connection Application.
'! 'J.
, .'
(C) Sampling of ef.ent or waste disGharged m_ be accompli.shed
manually, or by the use of mechanical equipment, to obtain a
composite sample which would be representative of the total
effluent. Samples shall be taken at such intervals as to
establish the BOD, and Suspended Solids of the industrial waste
for billing purposes, as determined by the Approving Authority as
necessary to maintain a control over the discharges from the
Permittee. Additionally, such grab and composite samples as are
deemed necessary by the Approving Authority shall be taken at such
intervals as to establish the concentrations of prohibited
discharges and pretreatment standards as specified in this
ordinance. The method used in the examination of all industrial
wastes to determine BOD and Suspended Solids shall be as set forth
in "Standard Methods" or as defined in 40 eFR, Part 136.
111
.
SECTION 5
e
INDUSTRIAL COST RECOVERY SURCHARGE
A Permittee discharging industrial wastes with a BOD exceeding 250
mg/l, or a suspended solids content of greater than 300 mg/l, or both,
and meet all conditions of SECTION Z, 1, and !, may be accepted for
wastewater disposal provided that;
(a) The wastes will not cause damage to the collection system;
(b) The wastes will not impair the treatment process;
(c) The discharger of the wastes enters into a contractual
agreement with the City of La Porte providing for a surcharge
over and above the normal sewer rate. The surcharge for
industrial discharge is to be calculated as follows:
ISS = (BOD + SS ) X (0 & M cost) X (Vol); where
250 300
(1) ISS represents Industrial Waste Surcharge in
Dollars;
(2) BOD I~ep resents the Biochemical Oxygen Demand (mg/ I)
of the Industrial Waste. Note: for concentrations
less than or equal to 250 mg/l the value of BOD
shall be considered zero;
(3) ~ represents Suspended Solids of the Industrial
Waste (mg/l). Note: For concentrations less than
or equal to 300 mg/l the value of SS shall be
considered zero;
(4) 0 & M Cost represents Operations and Maintenance
Cos t of La Po rte 's sewage wo r'ks . Note: the
operations and maintenance cost as determined by
the City shall be periodically updated. (usually
yearly) .
(5) Vol rep resents Volume Discha t'ged i.n Thousand
Gallons.
The volume of wastes 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 Approving Authority and
purchased, installed, and maintained by the Permittee.
All flow rates and BOD and suspended solid values used in
determination of the surcharge contemplated herein shall be
reevaluated at least on an annual basis.
The basis for determining the surcharge contemplated herein shall
be reviewed at least annually and shall be adjusted to reflect any
change in the Operations and Maintenance costs of La Porte's
Wastewater Treatment Facilities.
(d) Billin~ Practice Industrial waste surcharges provided for in
this ordinance shall be included as a separate item on the
regular bill for water and sewer charges and shall be paid
monthly in accordance with the existing practices.
Surcharges shall be paid at the same time that the sewer
charges of the person become due and payment for sewer
services shall not be accepted without payment also of sewer
service surcharges.
15
.
SECTION 6
.
PROTECTION FROM DAMAGE OR INTERFERENCE
(A) No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface, or tamper
with any structure, appurtenance, or equipment which is a part of
the sewage works o'r which is part of the City's industrial
sampling system.
(B) No person shall prohibit, hinder, physically prevent, or interfere
with the lawful inspection and sampling of the Permittee's
premises. Violation of this section shall be an offense and may
result in disconnection of water and sanitary sewer services.
16
.
SECTION 7
.
POWERS AND ~UTHORITY OF ENFORCING AGENTS
(A) The Approving Authority, and other duly authorized employees of
the City, acting as its duly authorized agent and bearing
credentials and identification, shall be permitted to gain access
to such properties as may be necessary for the purpose of
inspection, observation, measurement, sampling and testing, in
accordance with provisions of this ordinance. This access shall
be permitted during business hours including all times when
industrial waste is being discharged and at any time during
emergencies as determined by the Approving Authority. The permit
may specify routine access times. The Approving Authority, or his
representative, shall limit his inquiry and inspection to
processes and actions which could result in discharge of
pollutants to the sanitary sewer.
(B) While performing the necessary work on private properties of
Paragraph (A) above, the Approving Authority, or duly authorized
employees of the City, shall observe all safety and security rules
applicable to the premises established by the company.
(C) Any person found to be violating any provision of this ordinance
shall be guilty of an offense. The approving Authority shall
issue a Notice of Violation stating the nature of the violation,
any necessary corrective measures, and a compliance date. Any
person found to be in violation after the compliance date shall
receive a citation for a Class C Misdemeanor, and a second Notice
of Violation. Any person found to be in violation after the
second compliance date shall receive a citation for a Class C
Misdemeanor, a Notice of Impending Suspension of Industrial Sewer
Connection Permit, and a suspension date. Any person who is found
in violation after the Suspension of Industrial Sewer Connection
Permit date shall have his permit suspended, his water turned off,
and his sewer service disconnected. The requirement for issuance
of a notice of violation shall be waived, where in the opinion of
the Approving Authority a flagrant, willful violation is
committed, when a violation occurs which causes immediate harm to
any person or the sewage works, or when a person discharges wastes
to a public sewer without possessing a valid Industrial Sewer
Connection Permit.
(D) Where chemical substances are released to the public sewer,
causing rapid deterioration of, or interfering with, the proper
treatment of sewage, or creating conditions potentially hazardous
to City employees or the general public, the Approving Authority
is authorized to immediately terminate water and sewer services.
(E) Denial or Suspension of Permit
1. The Approving Authority may deny a permit if he determines
that an Applicant has not complied with Section Z and may
suspend a permit in accordance with paragraph (C) above if he
determines that a Permittee:
a. Is not c~mplying with Section 2;
b. Has violated a provision of this article;
c. Has failed to pay a fee required by this ordinance;
d. Has failed to comply with pretreatment standards;
e. Has failed to comply with the compliance schedule
required under Section Z (E).
2. After suspension of permit a Permittee may file a request for
reinstatement of the permit. When the Approving Authority
determines that the Permittee is again qualified, all
violations have been corrected, precautions have been taken
to prevent future violations, and all required fees have been
paid, he shall reinstate the permit.
3. A Permittee whose permit is suspended shall not discharge
industrial waste into the ~anitary sewer.
17
. .
The APprOV~g Authority may amend any~rmit issued hereunder
to ensure compliance with applicable laws and regulations ten
(10) days after mailing proposed amendment to Permittee at
a~dress shown on application.
(F) The Approving Authority shall publish a list of the names and
addresses of all persons committing ~ignificant violations of any
provision of this chapter during the preceding year. Said list
shall be published annually in the newspaper of largest daily
circulation.
4.
SECTION 8
PENALTIES
(A) Any person, firm, or corporation who violates any provisions of
this Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined in a sum not more than Two Hundred
Dollars ($200.00). Each day such violation continues shall
constitute a separate offense.
(B) This Ordinance shall apply as only to offenses committed on or
after its effective date, and any offense committed before the
effective date of this Ordinance shall be governed by ordinances
in existence at the time the offense was committed.
(C) Any person violating any of the provisions of this Ordinance shall
become liable to the City for any expense, loss, or damage
occasioned by the City by reason of such violation.
(D) Other remedies - The City shall be entitled to pursue other
criminal and civil remedies to which it is entitled under
authority of state or federal statutes, or other City ordinances,
against a person continuing prohibited discharges.
SECTION 9
If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason,
be held invalid, such invalidity shall not affect the remaining
portions of this ordinance, and it is hereby declared to be the
intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any
other section, sentence, phrase or clause, or part thereof, may be
declared invalid.
SECTION 10
All ordinances and parts of ordinances inconsistent, or in conflict,
with this ordinance are hereby repealed, to the extent of such conflict
only. City of La Porte Ordinance Nos. 1221 and 1357, as codified in
the Code of Ordinances of the City of La Porte, are expressly repealed
as of the effective date hereof; provided, however, the City of La
Porte reserves all rights and remedies which may have accrued to the
City of La Porte for offenses which may have occurred prior to the
effective date of the repeal of said ordinances.
SECTION 11
The City Council of the City of La Porte shall review this ordinance at
least once every three (3) years.
SECTION 12
This ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of
this ordinance by causing the caption hereof to be published in the
official newspaper in the City of La Porte at least twice within ten
(10) days after the passage of this ordinance.
18
. .
.
SECTION 13
.
The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject
of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law
preceding this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated; and that this meeting
has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting
the reof .
PASSED AND APPROVED this ~~ day of ~
, 1989.
CITY OF LA PORTE
Byb~~
ATTEST:
~~
Cherie Black
City Secretary
cJ
APP ROVED:
Knox W. Askins
City Attorney
1 9