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Home My WebLink About1989-04-10 Regular Meeting e e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL APRIL 10, 1989 1. The meeting was called to order by Mayor Malone at 6:05 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Alton Porter, Mike Shipp, Deotis Gay, B. Don Skelton, Jerry Clarke Members of City Council Absent: None Members of City Staff Present: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Director of Public Works Steve Gillett, Director of Community Development Joel Albrecht, Finance Director Jeff Litchfield, Purchasing Manager Louis Rigby, Parks Supervisor Bert Clark Others Present: Dorothy Purdy, Jo Ann Bayes, Hilda Bissell, Professional Secretaries Association; Lou Lawler, Marie Dennis, Rev. Don Johnson, Seamen's Center/Barbour's Cut Branch; John Black, Bayshore Sun; 30 citizens 2. The invocation was given by Councilperson Gay. 3. Council considered approving the minutes of the regular meeting held March 27, 1989. Motion was made by Councilperson Skelton to approve the minutes of March 27 as presented. Second by Councilperson Clarke. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 4. The Mayor proclaimed the week of April 23-29 as Professional Secretaries Week. 5. Mrs. Kim Kamp addressed Council asking that they approve the Elizabeth Lane right-of-way in order that the children living on Elizabeth Lane and Alvey could have save access to get to Lomax Elementary School. e e Minutes, Regular Meeting, La Porte City Council April 10, 1989, Page 2 Mrs. Lee Ann Martin addressed Council to oppose the right-of-way, stating that it would give undesirables access to the school children. Keith Martin address Council to oppose the right-of-way, stating the traffic problems that could possibly be created on the narrow street. Robert Browning addressed Council in opposition to granting the right-of-way, citing added traffic hazards to their back street and the "opening" of the school grounds if the fence opening is put in. J. R. Spradling addressed Council to thank them for the new street on Valley Brook. He also asked that something be done about the brick walls at the entrance to Fairmont Park. Bill Gwaltney addressed Council regarding mobile home parks in the former BayMUD area and the issuance of permits for them. He asked for consideration from Council and the Planning and Zoning Commission that no area in BayMUD be permanently zoned for mobile home parks. 6. Mrs. Lou Lawler, Mrs. Marie Dennis and Reverend Don Johnson presented a status report on the Barbour's Cut Seamen's Center. 7. Council was to consider a resolution authorizing acquisition of sidewalk right-of-way on Elizabeth Lane to Lomax Elementary School. This item was deferred until after the executive session. 8. Council considered approving an expenditure to subsidize a community concert. Motion was made by Councilperson Porter to approve an expenditure of $~,500 from the hotel/motel tax fund to subsidize a community concert by the Houston Symphony OrchestLa. Second by Councilperson Matuszak. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None e e Minutes, Regular Meeting, La Porte City Council April 10, 1989, Page 3 9. Council considered declaring an emergency, walvlng formal advertisement for bids, and authorizing award of contract for emergency repairs to decking of wave pool. Motion was made by Councilperson Clarke to declare an e~ergency, waive formal advertisement for bids, and authorize awa~d of a contract for emergency repairs to decking of wave QQQl. Second by Councilperson Shipp. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 10. Council considered authorizing an increase to CRS Sirrene for support on CIP projects. Motion was made by Councilperson Matuszak to authorize an increase to CRS Sirrene for suppor~ on CIP projects in the amount of $8,000 for a period ending June 1, 1989. Second by Councilperson Gay. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 11. Council considered declaring an emergency and authorize purchase of repair parts for rear loading garbage truck. Motion was made by Councilperson Skelton to declare and e~e~!ency and authorize purchase of repair parts for a rear I a Ong garbage truck from Lacal, Inc., in an amount not to exceed $~SQQI Second by Councilperson Waters. The motion carried, 9 ayes and 0 nays. Ayes: Councilperson Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 12. Council considered awarding a bid for sprinkler heads. Motion was made by Councilperson sprinkler heads to Z Water Works Second by Councilperson Cooper. and 0 nays. Waters to award a bid for in th~ amount of $i7iO.11. The motion carried, 9 ayes e . Minutes, Regular Meeting, La Porte City Council April 10, 1989, Page 4 Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 13. Administrative Reports: City Manager Bob Herrera reminded Council of the Workshop meeting to be held April 17. 14. Council Action: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone brought items to Council's attention. Councilperson Cooper requested a "fact finding mission" to see if speed limits in residential neighborhoods can be lowered. Councilperson Matuszak requested that he, City Manager, and representatives from Public Works and Parks and Recreation go look at the brick walls in Fairmont Park and see what can be done. Councilperson Shipp requested a time be scheduled at a Council meeting to let Mr. Spradling know if and when something will be done about the Fairmont Park brick walls. Councilperson Gay asked for time with the City Manager to discuss stop signs. 15. Council entered into executive session at 7:20 P.M. to receive a report from the City Manager regarding an amendment to the Landfill agreement and to confer with attorney regarding acquisition of Elizabeth Lane right-of-way. Council returned to the table at 8:56 P.M. Item 7 was then addressed. Motion was made by Councilperson Waters to table item 7 for further study. Second by Councilperson Skelton. The motion carried, 9 ayes and 0 nays. Ayes: Councilpersons Waters, Cooper, Matuszak, Porter, Shipp, Gay, Skelton, Clarke and Mayor Malone Nays: None 16. There being no further business to come before the Council, the meeting was duly adjourned at 9:00 P.M. . . Minutes, Regular Meeting, La Porte City Council April 10, 1989, Page 5 Respectfully submitted: ~~ Cherie Black, City Secretary Passed & Approved this the 24th day of April, 1989 ~~y~ Alton E. Porter, Mayor Pro Tern ... Offic~ of the l\tayor !' : G \1 ~ (J [, ~~;&9~ .:-.:. . <? r I!!Jqrrru.a : PIL06e6tJ.i.onai. tJeCJLe..taJUe6 Me. c.orrmLtted to uphold.i.ng the fughe6t etlUc.al tJta.ndcvuitJ; and WHEREAS, pIL06e6tJ.i.onat tJecJl.etaJUe6 Me w.ULi.ng to go the extlta mile.; and WHEREAS, plLO fie6tJ.i.onai. tJ eCJLe;taJUe6 Me the unheJl.Cl1.ded membe.M 06 the. management team; and WHEREAS, the week 06 Apm 23- 29 hCl6 been de..6.i.gncrted ({/.) PMfie..6J.:..i.onat SeCJLe:tcvUe..6 Week by PlLofie.M.i.onal SeCJLe.:taIUe6 1 nte./l.YULuonat, i-tJ.:. oll-tg.i.ncrtolL and tJ po Y/..6 OIL. NOW, THEREFORE, I, NORMAN MALONE, MAYOR ofi the CUy 06 La PolL:te, do hvu!.by pMC..ta.i.m the week ofi Apm 23-29, 1989, ({/.) PROFESSIONAL SECRETARIES WEEK and Cl6 Il tha..t managemerr.-t eVeAywheAe. j o.i.n .i.n lLec.ogn.i.z.i.ng the ou.:Uta.nd.i.ng plw6e..6J.:.-tona.t6 .i.n thw emp.toy, e..6peua.e..ty on Wedne6da.y, Apm 26, wlUdL ,i.-6 PM 6eM-tOna-t SeCJLetcvUe6 Vatj. IN WITNESS WHEREOF, I have helLeunto tJet my hand and c.aMed the Seal 06 tiLe catj 06 La PolL:te -to be a6Mxed heAeto, :t:fr1-6 .the 10-th day 06 ; ! ~\p!t-il. , 1 9 8 9 . CITY OF LA PORTE NOlwlan L. Malone, MatjolL e e BARBOUR'S CUT SEAMEN'S CENTER COMMISSA.RY ,AND TELEPHONE INCOME - - 1985 1986 1987 1988 YEAR 80 70 60 50 40 30 20 10 o W ~r"\ 0(1} o"U ZC -~ ~:J :.Jo D::.c <Ct:, W >- - e BARBOUR'S CUT SEAMEN'S CENTER VISITS TO CENTER - - - - N/A --.-- 1985 1986 1987 1988 YEAR 6 5 1 2 4 3 (J) rr: w rr: <c..-., LL(I.l tiS-g (J)~ LL:J 00 .c. ffit;, (D ~ :J Z o e e BARBOUR'S CUT SEAMEN'S CENTER COMM 1SSU'n' AND 1B..EF+f0Jle: IIICOME! ED 70 m UI EO ~... 8] ~2 40 ~~ a:..c ~J::i. !t! .D 20 '10 0 19af1 1985 1987 1981S 'tEAR 5 ., a: 4 UI a: ~-'"'- ~. .,] 1J.2 .3 O~ a:..c U1J::i. tII ~ :J 2 z BARBOUR'S CUT SEAMEN'S CENTER 6 VISITS TO CENTER o NtA 19af1 1985 1987 19S8 'tEAR e e BARBOUR'S CUT SEAMEN'S CENTER COMMISSA.RY ,AND TELEPHONE INCOME 24 22 20 18 16 14 12 10 8 6 4 2 0 1 Q85 2Q85 3Q85 4Q85 1 Q86 2Q86 3Q86 4Q86 1 Q87 2Q87 3Q87 4Q87 1 Q88 2Q88 3Q88 4Q88 DATE w ~ 0... 0(1) Z-u -c ~g lr::J ~~ lr:t <( :J o e e BEQYEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: l\Pril 10. 1989 Requested By: Knox W. Askins Department: City Attorney Repo rt x Resolution Ordinance Exhibits: See attached Resolution and attached copy of survey. SUMMARY & RECOMMENDATION The surveyor has canpleted the survey of an 810 square foot tract of land, being a six foot sidewalk tract, fran the western edge of the paved portion of Elizabeth Lane, to the east property line of IDmax Elementary School. It appears that the City will not be' able to reach amicable agreement with the Browning families, for the acquisition of this tract. The attached Resolution authorizes filing of a corrlenmation suit to acquire this right-of-way, so that a sidewalk can be constructed for use by the school children. G:;~~ Knox W., Asklns Ci ty A~to:i:ney Action Required by Council: Passage of the Resolution Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Mqtor Pool Replacement Fund) Account Number: Funds Available: YES NO Council Agenda Rob Cit f)8Jbt t DArt ) JI11 e e 89-26280 SHA~JKS SURVEYORS Billy L. Shanks REC/STERfD PUBLIC SURVEYOR 940 Gemini, Suite 204 Houston, Texas 77062 488-8305 MARCH 29, 1989 A 810 SQUARE FOOT TRACT OF LAND OUT OF OUTLOT 424, LAPORTE OUTLOTS, HARRIS COUNTY, TEXAS,- ACCORDING TO 'l'llE PLAT AS RECORDED IN VOLUME 61, PAGE 374 OF THE HARRIS COUNTY DEED RECORDS: COt1MENCING A'f THE NORTHWEST CORNER OF SAID OUTLOT 424; THENCE SOUTH ALONG THE WEST LINE OF SAID OUTLOT 424, A DISTANCE OF 448.55 FEE'l' TO A 1/2" IRON ROD SET A'E TIlE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE N 890 08 I 46" E 104.01 FEET TO A 1/2" IRON ROD SET AT AN ANGLE POINT; 'rllENCE EAST 31.00 FEET; THENCE SOUTH 6.00 FEET; TfIENCE WEST 31.00 FEET TO A 1/2" IRON ROD SET AT AN ANGLE POINT; THENCE S 89008' 46" W 104.01 FEET TO A 1/2" IRON ROD SE'f IN THE WEST LINE OF SAID OUTLOT 424: 'flIENCE NORTll 6.00 FEE'f ALONG 'l'lIE WEST LINE OF SAID OUTLO'l' 424 TO TIlE POINT OF BEGINNING. -d-Uf 'J: /!.-L , Ul n ~: o u Id 0 r~ [-1 -----.::... --:> ~ ~ '~ H t: Q ~ ~ 0 I . U . ." U....... ~-.) ~ \JI 0 u ,... .-. 1-1 ~ 1.1 ~.) H ~ '-. p. 0 Q, N n- l: 0 '1 0 Iq ) H r.. (1\ p:: \\ ~ '. I r..r" ~ \ ;-... ":::,,,:. (,1 0 CJ 0 N; rl n P.. 1.1 1.1 1-' :I: .1, , 1:" Cl \ ) :z. H Id :r: ); E" f) ::.) H 0-1 ~ 0 .... 1,1 0 H ..... H ... .... 0 H k tJ 0 Id 0 C:l < f'.- p~ Q.I 0 U VI "J I'J lu tll p; 0 I) ()\ [-< \} j f. U CJ.. ~ . p:: E-i 0 0 ." ".... U} CJ.. H r-.. "-l' :r: ,q; .~ b :2 ..:.. 1 ("1 0 " .... ~ l"- ll) . ,It' rJ ~- ~ . .'1; l\l C) Ii. ~ . . ....\J '4- - 'v ~ k ~'z rj \) (] \i \j ~ >\::'- . ~ - \) '< 42510 lf48.S';- ~~. I., s=UY- rI f ~~ I- lJ ~ L.Ll LiJ ~ l cr:: 1-- ~ \) U) .~ 5 ~ , --.J Vi ::: \1 1-- a:: C) -I2S1---J ...- " ----- II .----- I HEREBY CERTIFY THAT THIS SURVEY CONFORMS TO THE CURRENT TEXAS SURVEYORS ASSOCIATION STANDARDS AND SPECIFICATIONS FOR A CATEGORY I B, CONDITION :3 SURVEY. . 8/ LY L, SHANKS TRATION NO. 1821 -- - /' :A.~ LOMA-X ~lrN)t:NT/I;2 'r Jc,IIt7Q(_ SHANKS SURVEYORS 940 GEMIN I -4 ;( .>j~ / I ~ t:'~" .--.... k ). \ ~ \JI) '- '- kIJJ' () () ~~~ Q ~~ JllR ~' ~~, ...... l()' 0 ~ ~ ---~ ~ . ~ , I .Iw....,. OF ^ TRACT OF LAND OUT OF OUTLOT 424) LA PORTE OUTLOTS) HARRIS COUNTY) TEXAS SCALE: 1 "= 20 I DA TE: M1\ Rcrr 29, 1989 SURVEY BY; T,J.S. DRAWN OY: G.1\ .11. OR: JOEL II. 1\LI3RECrrT PURCHASER: JOB NO, 89-26280 22.0 - "" ~ '- ltJ ~ \ll ~ ~ -~ V"J ,~ Co ~ Q I\:l . () () II) ~ . CQ 0) < \\) 11) -NoRTH G,.O -II of l!. v: ~/ ..niJO(/J C ,r--fL ..... 11---11 SURVEY - 488 -8305 e e RESOLUTION NO, 89-6 WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the location of a public right-of-way on the hereinafter described real property, in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that the fee simple title in and to the hereinafter described real property is suitable and needed for such purpose, and that it is necessary to acquire same for the construction of a public sidewalk on said public right-of-way, as aforesaid; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, Knox W. Askins, City Attorney of the City of La Porte, to represent the City of La Porte in the acquisition of the hereinafter described property: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: That the said Knox W, Askins, as City Attorney for the City of La Porte, be and he is hereby, authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte of the fee simple title thereto, at the fair market value for same, and, should said City Attorney, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such fee simple title, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lien holders, proceedings in the eminent domain to acquire the fee simple title to the hereinafter described real property, for public right- of-way purposes, to-wit: A 810 square foot tract of land out of Outlot 424, LaPorte Outlots, Harris County, Texas, according to the plat as recorded in Volume 61, Page 374 of the Harris County Deed Records: Commencing at the Northwest corner of said Outlot 424; THENCE South along the West line of said Outlot 424, a distance of 448.55 feet to a 1/2" iron rod set at the Point of Beginning of the herein described tract; THENCE N. 890 08' 46" E 104.01 feet to a 1/2" iron rod set at an angle point; e e RESOLUTION NO. 89-6 THENCE East 31.00 feet; THENCE South 6.00 feet; THENCE West 31.00 feet to a 1/2" iron rod set at an angle point; THENCE S 890 08' 46" W 104.01 feet to an 1/2" iron rod set in the West line of said Outlot 424; THENCE North 6.00 feet along the West line of said Outlot 424 to the Point of Beginning. PASSED AND APPROVED this the 10th day of April, 1989. CITY OF LA PORTE By: Norman L. Malone Mayor Page 2 ATTEST: Cherie Black City Secretary APo;z: zJ Knox W. AskIns City Attorney e . CITY SECRETARY'S CERTIFICATE I hereby certify that the above and foregoing is a true and -~ correct copy of a(i_~_~_~_!...l!tin~ passed and approved by the City Council of the City o~~~~~~ee, at a regular meeting thereof, at which a quorum of said City Council was present, and voted in favor of the passage of said resolution. WITNESS MY HAND, this the day of , 1989. Cherie Black, City Secretary THE STATE OF TEXAS ~ S COUNTY OF HARRIS ~ BEFORE ME, the undersigned authority, on this day personally appeared CHERIE BLACK, known to me ~o be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, WITNESS MY HAND, this the ____ day of , 1989. Notary Public, State of Texas Commission Expires: e e REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 10, 1989 Requested By: City Council Department: xx Report Resolution Ordinance Exhibits: Correspondence from Mr. Randolph Woodard SUMMARY & RECOMMENDATION At the meeting of March 27, Mr. Randy Woodard appeared before Council to ask for funds to help subsidize a community concert by the Houston Symphony Orchestra. He stated that the LPISD had agreed to donate one-half the cost to help defray the total cost of $7,000 needed to bring the orchestra to La Porte. Mr. Woodard asked that the City consider a donation of $3,500 to complete the total funds needed. Council directed that an action item regarding this request be put on the agenda for April 10. Action Required by Council: Consider request for funds to subsidize Houston Symphony Orchestra appearance in La Porte. Availability of Funds: General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (Motor Pool Replacement Fund) Account Number: Funds Available: YES NO Council Agenda R C ~bLA PORTEe ...~JSTATE BANK W. Randolph Woodard Chairman of the Board and Chief Executi\le Officer March 8, 1989 Mr. Bob Herrera City Manager City of La. Porte P. o. Box La Porte, Texas 77572 Dear Bob: ~ C.Of ,~ ~\lA-~ ~ ~\)'''' o-J ~ ~ ~.....!t.~. ~ 3 h-.. \\'1. ~_ rf-tl The Houston Symphony, through Ginny Cade, has contacted me about the possibli ty of bringing additional concerts to La Porte both for school children in}1ay and an outdoor concert in June at Sylvan Beach that would be available to all citizens or La Porte. I have contacted Dick Hays at La Porte 1. S. D. and received tentative approval of sharing one-half of the cost. Since the cost of both concerts is $7,000 I am respectfully soliciting the help and approval of the City of La. Porte to defray the rerraining $3,500 in order to bring the Symphony to La. Porte. I sincerely believe that this gesture by the city would be of great benefit to our carmunity and a statement for our canmi:tment to the Arts under our "La Porte Visions' '89 II . WFJiI/ zer BI5 Highway 146 South P. O. Box 1457 La Parte, Texas 77571 713/471-2911 ~T FOR CITY COUNCIL AGENDA~ Agenda Date Requested: April 24, 1989 Requested By: John E. Joerns Department: Administration XXX Report Exhibits: Resolution Ordinance 1) Status of 1985 General Obligation Bond Fund/Interest Earned SUMMARY & RECOMMENDATION On October 17, 1988, the contractor on the Little Cedar Bayou Park wave pool, Crystal Pools Company, Inc. filed for bankruptcy. Since then the City has been cooperating with the Surety, Texas Insurance Company, to see that the contract is successfully completed. The Surety retained another firm to complete the project as defined by our contract and the project plans and specifications. On February 9th, 1989, the Surety's contractor was issued a certificate of substantial completion. Subsequently, on March 8th, 1989 the City informed the Surety that repairs were necessary to the pool deck (built by another contractor). The City believes that the cracks in the pool deck is the responsibility of Crystal Pools, Inc. due to non-conformance with the plans and specs. Texas Insurance Company has taken the position that the cracking in the deck is not their responsibility and plan no correcting action. Staff has prepared a scope of work describing the extent of the repairs necessary and is in the process of obtaining a minimum of two quotes. Delaying this repair work would complicate and forestall the final settlement negotiations and also negatively impact the proposed grand opening (Memorial Day Weekend) and our estimated revenues. Therefore, Council is requested to declare this item an emergency and authorize the award of repair work to a qualified firm submitting the most responsive and responsible quote. The time to complete the repairs will be evaluated along with the price quoted. NOTE: The quotes will be provided to Council at Monday, April 10th, 1989, meeting. Funds for this item are available from the interest earned on the 1985 Bond Funds. The City will pursue the reimbursement of this account during final settlement negotiations with the Surety. Action Required by Council: Declare this item an emergency and authorize repairs to the pool deck at Little Cedar Bayou Park. (Amount to be provided at the Council Meeting). Availability of Funds: General Fund XXX Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001 611 611 1iO Funds Available: XX YES NO il a ~h1 DAT { t T. Herrera Manager e e November 14, 1988 Revised April 6, 1989 ANALYSIS OF INTEREST INCOME FOR THE 1985 GO BOND FUND SEPTEMBER ~O, 1988 INTEREST EARNED: COMMITMENTS: PROJECTED 3/23/88 $ 723,123 INCEPTION THRU 9/30/88 $ 739,655 PREDICTED TO COMPLETE Bond Administration * $ 1 23 , 96 9 $ 1 53 , 96 9 C RSS Contract * 169,768 189,768 Broadway Waterline Relocation 40,000 29,000 Estimated Salaries * 65,000 83,000 Little Cedar Bayou Park 200,000 200,000 Repairs to LCBP Pool Deck -0- 10,000 $ 665,737 AMOUNT AVAILABLE: $ 73,918 * Estimate based on expenses incurred thru March and estimate for two additional Cedar Bayou Park plus $20,000 in legal fees which may be collected during final negotiations with contractor and bonding company. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 24, 1989 Requested By: John E. Joerns Department: Administration XXX Report Resolution Ordinance Exhibits: 1) Status of 1985 General Obligation Bond Fund/Interest Earned 2) Letter to CRSS Constructors, Inc. SUMMARY &,RECOMHENDATION Due to problems encountered in completing all portions of the Capital Improvements Program by October 31, the administration is recommending an extension on a month to month basis, to the term of the Agreement for Professional Services with CRSS Constructors, Inc. The major problem we are facing is the timely completion of Little Cedar Bayou Park project which has been recently complicated and delayed by Crystal Pool Company, Inc, filing for bankruptcy. The administration feels it is important to retain the services of Dr. Ross Cox until the project is completed and final settlement negotiations with the bonding company have concluded. The current authorization budget for the CRSS Agreement is $179,168. Approval of an additional $8,000 is recommended. Council should note that through February 9th, 1989 the accumulated sum for liquidated damages against Crystal Pool is $45,750. The amount of damages collected by the City will not be determined until final negotiations between the City of La Porte, bonding company, and contractor are completed and then may be subject to proceedings of the Bankruptcy Court. Funds for this item are available from the interest earned on the 1985 Bond Funds. The City will pursue the reimbursement of this account during the settlement negotiations with the surety. Action Required by Council: Approval of the attached authorization for Additional Services with CRSS Constructors, Inc. which will; Extend the Term of Agreement to May 31, 198~; Reduce the hours of the Project Director to an estimated 100 man-hours/3 month period; Hold the compensation for Project Director at the current level (10% increase approved by Council on November 14, 1988). Availability of Funds: General Fund XXX Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: 001 611 611 1~0 Funds Available: XX YES NO rt T. Herrera y Manager t/.Je1 DAT / e e November 14, 1988 Revised April 6, 1989 ANALYSIS OF INTEREST INCOME FOR THE 1985 GO BOND FUND SEPTEMBER ~O, 1988 INTE REST EA RNED: P ROJ ECTED 3/23/88 $ 723, 123 COMMITMENTS: Bond Administration * C RSS Cont ract * Broadway Waterline Relocation Estimated Salaries * Little Cedar Bayou Park Repairs to LCBP Pool Deck $ 1 23 , 96 9 169,768 40,000 65,000 200,000 -0- AMOUNT AVAILABLE: INCEPTION THRU 9/30/88 $ 739,655 PREDICTED TO COMPLETE $ 153,969 189,768 29,000 83,000 200,000 10,000 $ 665,737 $ 73,918 * Estimate based on expenses incurred thru March and estimate for two additional Cedar Bayou Park plus $20,000 in legal fees which may be collected during final negotiations with contractor and bonding company. e e DRAFT April 6, 1989 CRSS Constructors, Inc. 1177 West Loop South P.O. Box 22427 Houston, Texas 77227 Attention: Ken Womack Project Manager Reference: Agreement for Professional Project Management Services dated 11/9/87 Subject: Authorization for Additional Services Dear Mr. Womack: Due to problems encountered in completing all portions of the Capital Improvements Program by October 31, 1988, the City of La Porte would like to extend the term of the Agreement of Professional Services and retain the services of the Project Director, Dr. Ross Cox, on a month to month basis. The Agreement provides for adjustments to the Term of Agreement and the Project Manager's Compensation under Article III, Additional Services. Execution of this authorization by both parties will; Extend the Term of Agreement to May 31, 1989. Reduce the hours of the Project Director to an estimated 100 man-hours for the months of March, April and May. e e DRAFT CRSS Constructors, Inc. Attn: Ken Womack, Project Manager April 22, 1989 Page 2 We expect to complete this project with approximately another 100 man hours on an as call or need basis. The City of La Porte will coordinate directly with Dr. Ross Cox when his services are required. Sincerely, CITY OF LA PORTE Robert T. Herrera APPROVED AND ACCEPTED: CITY OF LA PORTE CRSS CONSTRUCTORS, INC. BY: BY: Robert T. Herrera City Manager Date Date e e April 6, 1989 CRSS Constructors, Inc. 1177 West Loop South P.O. Box 22427 Houston, Texas 77227 Attention: Ken Womack Project Manager Reference: Agreement for Professional Project Management Services dated 11/9/87 Subject: Authorization for Additional Services Dear Mr. Womack: Due to problems encountered in completing all portions of the Capital Improvements Program by October 31, 1988, the City of La Porte would like to extend the term of the Agreement of Professional Services and retain the services of the Project Director, Dr. Ross Cox, on a month to month basis. The Agreement provides for adjustments to the Term of Agreement and the Project Manager's Compensation under Article III, Additional Services. Execution of this authorization by both parties will; Extend the Term of Agreement to May 31, 1989. ~.d.~ce, the hours of t~e ,Project Director to an estimated ~~ for the montm. of March, April and May. 100 r<"..)~<.(i:':" e e CRSS Constructors, Inc. Attn: Ken Womack, Project Manager April 22, 1989 Page 2 We expect to complete this project with approximately another 100 man hours on an as call or need basis. The City of La Porte will coordinate directly with Dr. Ross Cox when his services are required. Sincerely, CITY OF LA PORTE Robert T. Herrera APPROVED AND ACCEPTED: CITY OF LA PORTE CRSS CONSTRUCTORS, INC. BY: BY: Robert T. Herrera City Manager Date Date . . REQUEST FOR CITY COUNCIL AGENDA ITEM Requested By: Steve Gillet Public Works Agenda Date Requested: xx Report Resolution Ordinance Exhibits: Recommendation from Steve Gillett SUMMARY & RECOMMENDATION Solid Waste vehicle No. 72-03, a rear loading garbage truck, has sustained extensive damage to the sweep mechanism due to metal failure of the guide rails. Estimated cost of material to repair the damage is three thousand one hundred forty-four dollars ($3,144,00), The material is available from only one (1) source, Lacal, Inc, This vehicle is vital to the ability of the Solid Waste Division to remain on the published garbage pick-up schedule. The back-up units are old and could fail at any time, Failure to remain on schedule could result in increased overtime costs and in customer complaints. Staff recommends authorization of the purchase of emergency repair parts for vehicle #72-03 in an amount not to exceed three thousand five hundred dollars ($3,500.00). Action Required by Council: Authorize emergency purchase of repair parts for vehicle #72-03 at a cost not to exceed $3,500.00 from Lacal, Inc., the only source for these parts, Availability of Funds: General Fund Capital Improvement Other Vehicle Maintenance Fund Water/Wastewater General Revenue Sharing x Account Number: 024-700-704-240 Funds Available: XX YES NO Council Agenda life/_ DATE f ( ~ e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM April 4, 1989 TO: ROb;f T, Herrera, City Manager St~ Gillett, Public Works Director Eme gency Repairs to Vehicle 72-03 FROM: SUBJECT: Solid Waste vehicle 72-03, a rear-loading garbage truck, has sustained extensive damage to the sweep mechanism due to metal failure of the guide rails, The estimated cost of repair parts is three thousand one hundred forty-four dollars ($3,144.00), The parts and materials needed for the repairs are available from only one source, Lacal, Inc. Labor would be performed by Equipment Services. This vehicle is vital to the Solid Waste Division's ability to remain on the published pickup schedule. There are two (2) backup units available; however, these units are old and could fail at any time, Any further equipment failures could result in increased overtime costs and in customer complaints regarding the garbage service. For the above reasons, I recommend an emergency purchase of the necessary repair parts and material to repair this vehicle as quickly as possible at a cost not to exceed three thousand five hundred dollars ($3,500.00), Funds are available for this purchase in the Vehicle Maintenance Fund. Please consider placing this item on the City Council agenda for the April 10, 1989 meeting for Council authorization. e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: APRIL 10, 1989 Requested By: STAN SHERWOOD Department: PARKS & RECREATION x Report Resolution Ordinance Exhibits: MEMO FROM PURCHASING AND BID TABULATION, SUMMARY & RECOMMENDATION Advertised sealed bids #0315 for sprinkler heads were opened and read on 4/3/89, The low bid was submitted by Z WATER WORKS in the amount of $3,343.97, This bid did not meet specifications. Z WATER WORKS also submitted the second lowest bid in the amount of $3,730,37 that met specifications, The low bid does not meet the needs of the City and we are recommending that the second lowest bid be approved, Action Required by Council: APPROVE LOW BID THAT MEETS SPECIFICATIONS FOR A $3,730.37, TOTAL OF Availability of Funds: x General Fund Capital Improvement Ot her Water/Wastewater General Revenue Sharing Account Number: 011-800-801-500 Funds Available: x YES NO Approved for City Council A~enda If /6 /IYI IDa t e e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM APRIL 4, 1989 TO: Stan Sherwood, Director of Parks & Recreation Louis Rigby, Purchasing Manager~~ Sealed Bid #0315 - Sprinkler Heads FROM: SUBJECT: Advertised, sealed bids #0315 for sprinkler heads were opened and read on April 3, 1989, Bid requests were mailed to seven area suppliers with the following four returning bids: 1) Z Water Works (2 bids), 2) Irrigation Pipe & Supply, 3) Golden Triangle Pipe, and 4) Goldthwaite's. Low bid, submitted by Z Water Works, did not meet specifications. The second low bid, also submitted by Z Water Works, met specifications and was $23.17 each or a total of $3,730,37, I will forward copies of the bids for your review. Please submit your recommendation with an agenda request form by the prescribed time before the next regular council meeting. If there is a need to delay bringing this before council, please notify me, LRlgr Attachment: Bid Tabulation xc: Bert Clark, wi attachment e e SEALED BID 110315 Z WATER Z WATER IRRIGATION GOLDEN GOLDTHWAITE'S SPRINKLER HEADS WORKS WORKS PIPE & TRIANGLE SUPPLY * l. SPRINKLER HEADS 20,77 23.17 23,97 25.05 25,95 2. DELIVERY IN DAYS ------ 3 30 10 10 3. TOTAL BID $3,343,97 $3,730.37 $3,859.17 $4,033.05 $4,177.95 * NOT TO SPECIFICATION - . . MINUTES OF THE SPECIAL CALLED MEETING AND WORKSHOP MEETING LA PORTE CITY COUNCIL APRIL 17, 1989 1. The meeting was called to order by Mayor Pro Tern Porter at 6:01 P,M. Members of Ci.ty Cour)Q...il_P.n~Ji~nt: Mayor Pro Tern Alton Porter, Councilpersons Betty Waters, Mike Cooper, Ed Matuszak, Mike Shipp, B, Don Skelton l1J~J!1J2~LS__QL_C_:ltY__G..QJ.mc tL..AO_$ent: Mayor Norman Malone, Councilpersons Deotis Gay and Jerry Clarke Members of Ci~~taff__Pre~~nt: City Manager Bob Herrera, City Attorney Knox Askins, City Secretary Cherie Black, Assistant City Manager John Joerns, Assistant to the City Manager Janie Bais, Police Chief Charles Smith, Director of Parks and Recreation Stan Sherwood, Director of Public Works Steve Gillett, Assistant Director of Public Works Buddy Jacobs, Treatment Plant Supervisor Walter Barnes, Industrial Waste Technician Lee Dye, Utility Superintendent Curtis Herrod Others Pre~ent: Seven citizens \ 2. Council considered an ordinance approving and authorizing an amendment to the sanitary landfill agreement with Hazelwood Enterprises, Inc. Public Works Director Steve Gillett reviewed the amendment for Council, The City Attorney read: ORDINANCE 1639 - AN ORDINANCE APPROVING AND AUTHORIZING FIRST AMENDMENT TO SANITARY LANDFILL AGREEMENT WITH HAZELWOOD ENTERPRISES, INC.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. MQtJ._OJ'L W9_$..,.l!lfl.QJL. Q-Y- _Counqj..lpe r son _Sj(_~lt.Q_n_._tQ_ JlQQ.p.t_Qr dJ na n c e 1-935Lg~_rJ~,g.Q_l2.y_tl1~Cill_-8-t..torney. Second by Councilperson Waters. The motion carried, 6 ayes and 0 nays, Ayes: Councilpersons Waters, Cooper, Matuszak, Shipp, Skelton and Mayor Pro Tem Por~'er Nays: None ~t' 'It . . Minutes, Special Called Meeting and Workshop Meeting La Porte City Council April 17, 1989, Page 2 3. Council adjourned into executive session Article 6252-17, Section 2(E) (Legal) to discuss sewer rehabilitation litigation, the Council table at 7:22 P.M, at 6:07 P.M, under meet with Attorney to Council returned to 4., Mayor Pro Tern Porter adjourned the Special Called Meeting and called the Workshop Meeting to order, 5, Council reviewed and discussed the Airport Regulations draft. 6. Council reviewed and discussed the proposed Industrial Waste Ordinance, 7. Council reviewed and discussed the proposed user fees for Little Cedar Bayou wave pool, 8. There being no further business to come before the Council, the meeting duly adjourned, R~lp::zd: Cherie Black, City Secretary Passed & Approved this the 8th day of May, 1989 1&~#{4 Norman L, Malone, Mayor REQUEST FOR CITY COUNCIL AGENDA ITEM __ e Requested By: Steve Public Works Agenda Date Requested: Report Resolution xx Ordinance Exhibits: Ordinance Amendment to Contract SUMMARY & RECOMMENDATION The City of La Porte currently has a contract with Hazelwood Enterprises, Inc. of Bay town to dispose of municipal solid waste. The contract term is from October 1, 1986 to October 1, 1989, with the following payment schedule: October 1, 1986 to March 31, 1987 $3.25 per cubic yard garbage $5.50 per cubic yard sludge $3.50 per cubic yard garbage $6.00 per cubic yard sludge $3.75 per cubic yard garbage $6,50 per cubic yard sludge $4.00 per cubic yard garbage $7,00 per cubic yard sludge the cost per cubic yard garbage and $0.50 for April 1, 1987 to March 31, 1988 April 1, 1988 to March 31, 1989 ApI" il 1, 1989 to October 1, 1989 As shown in the above schedule, escalates every April 1 by $0,25 for dewatered sewer sludge, The next scheduled increase begins this month. The City re-negotiated the Hazelwood Enterprises, Inc. contract, Agreement was reached on the following terms: 1. Freeze price per cubic yard at 1987-88 rate. Garbage would be $3,50 and dewatered sewer sludge would be $6,00, Extend current contract from October 1, 1989 to March 31, 1995, Price freeze would be in effect through March 31, 1990, From March 31, 1990 to March 31, 1995, the base price for the five (5) year period would be current price ($3.50) plus the Consumer Price Index from April 1988 to March 31, 1990; and so on for subsequent years. The City will guarantee to dispose of all garbage (excluding trash) at Hazelwood Landfill for the term of the contract (thru March 31, 1995). 2 . 3 . 4 . The contract amendment proposes to "hold the line" on disposal costs, subject to inflation, in return for a guaranteed income through March 31, 1995. Although the contract would freeze the implementation of a City-owned landfill, the City could effectively plan and develop the proposed City-owned landfill while disposing of garbage at a fixed price for the next six (6) years, It is estimated that the contract amendment will result in a savings of two hundred three thousand seven hundred forty dollars ($203,740) through March 31, 1995 over the current contract, Action Required by Council: Pass Ordinance approving amendment to contract with Hazelwood Enterprises, Inc, for disposal of municipal solid waste. Availability of Funds: General Fund Capital Improvement Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: YES NO m:; f~ Ci::ll Robert T. Herrera City Manager Agenda 9-t 2.--8'9 DATE ~ e e ORDINANCE NO. 1639 AN ORDINANCE APPROVING AND AUTHORIZING FIRST AMENDMENT TO SANITARY LANDFILL AGREEMENT WITH HAZELWOOD ENTERPRISES, INC.: MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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 thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 17th day of April, 1989. C~Y OF LA PORTE BY l~b.--LK~iL-- l Al ton E, Porter, Mayor Pro Tern &;:~ Cherie Black City Secretary APPROVED: _ ~ ~uJ ~~~ Knox W. Askins City Attorney e e FIRST AMENDMENT TO THE AGREEMENT FOR OPERATION OF SANITARY LANDFILL By and Between CITY OF LA PORTE, TEXAS and HAZELWOOD EN~PRISES, INC. THE STATE OF TEXAS COUNTY OF HARRIS This First Amendment (" Amendment") to that certain Agreement for Operation of Sanitary Landfill between the City of La Porte, Texas, and Hazel wood Enterprises, Inc, dated October 1, 1986, is made by and between the same parties on the date hereinafter last specified. . WIT N E SSE T H WHEREAS, the City of La Porte, Texas ("City") and Hazelwood Enterprises, Inc, ("Contractor") did enter into an agreement for the operation of a Sanitary Landfill on October 1, 1986 ("Agreement"); and WHEREAS, City and Contractor now desire to extend the term of the Agreement from four (4) years to nine (9) years, and to adjust the compensation contained therein; NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as fOllOWS~ I Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment shall have the same meanings as in the Agreement, II Paragraph (2) of the Agreement is amended to read as follows: (2) TERM OF AGREEMENT: This Agreement shall be for a period of nine (9) years beginning October 1, 1986 and ending March 31, 1995, At the end of said nine year period, this Agreement may be renewed for an additional five (5) year period upon mutual written consent of both parties, The compensation and terms for such extension shall be the same as those contained herein, unless otherwise modified by mutual consent of both parties, The City guarantees that municipal solid waste collected by the City during the term of the contract will be disposed of at the Contractor's landfill site, provided that the Contractor is complying with the provisions of the contract, The City reserves the right to dispose of Type IV solid waste collected wi thin its corporate limits, and processed sewage sludge, by such other means as the City may determine. e (2) e The provlslons of Paragraph (3) of repealed, a new Paragraph (3) is hereby entirety as follows: the Agreement are hereby inserted to read in its (3) COMPENSATION TO CONTRACTOR: As full compensation to the Contractor for operation of the above referred to landfill by the Contractor, the City agrees to pay to the Contractor in accordance with the following schedule: 1 st year of contract $3,25 per cubic yard for Solid Waste Disposal 1st year of contract $5,50 per cubic yard for Processed Sewage Sludge Dis. 2nd through 9th year $3,50 per cubic yard for of contract Solid Waste Disposal 2nd through 9th year $6.00 per cubic yard for of contract Processed Sewage Sludge Dis, For tpe year beginning April 1, 1990, and on each subsequent year, the compensation described above shall be adjusted to recognize the effect of inflation between April 1, 1988, and the date of adjustment, The payment for each year beginning April 1, 1990, shall be $3.50 per cubic yard for solid waste (or $6.00 per cubic yard of processed sewage sludge) multiplied by a fraction, the denominator of which shall be 116,0, which was the February 1988 Consumer Price Index for all Urban Consumers (CPI-U), all items, U,S. City Average (1982-84=100), and the numerator of which shall be the CPI-U for all items, U,S, City average, as of the date of adjustment, Payment shall be based on the number of cubic yards of municipal solid waste delivered to Contractor under the terms of this Agreement, it being further specifically understood and agreed by and between' parties, with respect to the aforesaid compensation that the compensation to be paid will be based upon pre-determined refuse truck capacities which are agreed upon between the Contractor and the City, In the event Contractor and City are unable to reach a mutually acceptable agreement with regard to refuse truck capacities, the parties may request the determination of such agreement by a mutually acceptable arbitrator. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitrator and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three-member arbitration panel to decide the disagreement between the parties by the concurrence of a majority of such panel. Costs for such arbitration shall be borne equally by Contractor and City, e e (3) A. Time of Payment, The Contractor shall invoice the City monthly, invoices to be submitted as of the last day of each month, accompanied by tickets which are collected by Contractors as refuse trucks make deliveries, and shall include the last full week of each month. Invoices shall be paid by the City monthly. The City agrees to pay all properly submitted invoices within fifteen (15) days of receipt of same, less any sums retained to cover verified claims filed with the Finance Director, due to or arising out of the contract, B. Materials to be Disposed, Contractor shall accept for disposal residential and commercial solid waste generated in the City of La Porte including that collect ed by private haulers and that is brought to the landfill by private ci tizens and shall make a reasonable charge for disposal therefore, which charge shall bear a reasonable relationship to the charges made to the City hereunder, . Paragraph (6), ASSIGNMENT OF CONTRACT, shall be amended to hereafter read as follows: " (6) ASSIGNMENT OF CONTRACT, It is agreed that, after execut ion of this contract for the within sanitary landfill, this contract may be assigned by the City to a corporation or person (franchisee) which shall franchised to collect residential municipal waste within the City of La Porte, or to a corporation or person (franchisee) which shall be franchised to transport residential municipal waste collected within the City of La Porte, to Contractor, The City shall, however, remain fully liable and responsible for undertakings, agreement, and obligations herein provided to be performed by the City." Except and to the extent modified Agreement, the Agreement of October 1, of La Porte and Hazelwood Enterprises, full force and effect, and amended by this 1986, between the City Inc" shall remain in e (4) e IN WITNESS WHEREOF, the City has caused this contract to be executed in its name by its City Manager, and its official seal to be hereunto affixed and attested by its City Secretary, the City hereby warranting same to be duly authorized by the proper and valid act of the City Council of the City, and the Contractor has' caused this Agreement to be executed by its President, and its corporate seal to be hereunto affixed and attested by its Secretary, the Contractor hereby warranting same to be duly authorized by the proper and valid, act of the Board of Directors of the Contractor. EXECUTED in several duplicate originals,nthe__ date first above written. .,...,,'\\\\\\\, ..' "I \\ ,.' \\.. ../ /> II, ,"",\ ..........0>--"', ' " .' '. "/ /' I : ':...) " \ " ((\ II 1.. ( '.'1 ;; . ' , 'I II l) .'-......'. I / ) (I, l) , . -. .~ I ) '-'.\ . " "I · · .>> I,. . ~ ,','. l/~ ,'" I) '. / . I .' <> · · ( J ~r () ">> ,)) .... '11'1/. ) I I ) . I · ',\ \ ,,\\,1 /,\lIl1:\ \ " A TTES~~\'\'\""';-<"'" CITY OF LA PORTE By:GM T: ~ City Manager (Ik/a~/ City Secretary HAZELWOOD ENTERPRISES, INC. ( ~~ b ~{!u~ --VI" sident ' ,I ATTEST: e e CITY OF LA PORTE INTER-OFFICE MEMORANDUM APRIL 4, 1989 TO: Robert ~.,~errera, City Manager Steve~0f;{re1:t, Director of Public Works FROM: SUBJECT: Proposed Ordinance Establishing Rules and Regulations La Porte Municipal Airport Attached is the proposed Ordinance establishing Rules and Regulations for the operation of the La Porte Municipal Airport developed by the Airport Advisory Board. The Board, activated June 14, 1988, has met monthly; after establishment of goals and objectives; to develop a set of rules and regulations governing the airport, The proposed Ordinance was developed from model ordinances developed by the Texas Aeronautical Commission (TAC) and the Federal Aviation Administration (FAA), comments from the FAA and TAC review of drafts, and interested citizen and pilot input at two (2) public hearings, The La Porte Municipal Airport Advisory Board believes the passage of the proposed Rules and Regulations will assist in the orderly operation and development of the airport, as well as promote safety, SG/ke I, l.i '-'-" e e ORDINANCE NO. AN ORDINANCE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF THE LA PORTE MUNICIPAL AIRPORT; PROVIDING THAT FEDERAL AVIATION REGULATIONS (FAR) SHALL PREVAIL IN CASE OF CONFLICT; PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY FINE IN ANY SUM NOT EXCEEDING TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. DEFINITIONS, As used in this ordinance 1. "ABOVE GROUND LEVEL (AGL)" means altitude expressed in feet measured from ground level. 2, "AIRPORT" means the La Porte Municipal Airport, which is that area of land that is used or intended to be used for the landing and take-off of aircraft, and includes its buildings and facilities. e e 3. "AIRPORT MANAGER" means the Director of Public Works, or other individual appointed by the City Manager. The Airport Manager is designated to oversee and manage the maintenance and operations of the La Porte Municipal Airport. 4, "AIRPORT OPERATION(S)" means any take-off or landing performed by an aircraft. 5. "AIR TRAFFIC" means aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas, 6, "BASE LEG" means that portion of the traffic pattern flown at a right angle to the active runway off the approach end. The base leg extends from the downwind leg to the final approach. 7. "CROSSWIND LEG" means that portion of the traffic pattern flown at a right angle to the active runway by turning from the upwind leg, 8, "DISABLED (WRECKED) AIRCRAFT" means aircraft not certified as air worthy, unless said aircraft is undergoing repairs or inspection to meet requirements for re-certification, 9, "DOWNWIND LEG" means that portion of the traffic pattern flown parallel to the active runway in the direction opposite to landing, The downwind leg extends between the crosswind leg and the base leg. 2 e e 10. "FINAL APPROACH" means that portion of the traffic pattern flown in the direction of landing along the extended active runway centerline from the base leg to the runway. 11. "FIXED BASE OPERATOR (FBO)" means a person, partnership, or corporation engaged in the business of furnishing services to aviation related activities, such as fuel, aircraft storage, flight instruction, or aircraft maintenance. 12, "INSTRUMENT FLIGHT RULES (IFR)" means weather conditions below the minimum for flight under visual flight rules. 13. "INTERSECTION" means the point where two (2) runways, a runway and taxiway or two (2) taxiways cross or meet. 14, "OVERHEAD ENTRY" means entry into the traffic pattern, at any point, from an altitude greater than eight hundred (800) feet AGL. 15. "RAMP" means an area designated for staging or storage of aircraft, Ramps can be paved or unpaved, and located on airport-controlled or FBO-controlled property. 16, "STRAIGHT-IN APPROACH" means entry into that portion of the traffic pattern flown in the direction of landing along the extended active runway centerline (final approach) without executing any other portion of the traffic pattern. 3 e e 17. "VISUAL FLIGHT RULES (VFR)" means those rules that govern the procedures for conducting flight under visual conditions. 18. "TRAFFIC PATTERN" means the traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from the airport under VFR conditions, as shown on Exhibit A. SECTION 2. USE OF AIRPORT RESTRICTED. No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by written permission from the City. This restriction shall not apply to those firms, associations, corporations, or entities who currently hold contracts, leases, or agreements with the City. SECTION 3, GENERAL RULES AND REGULATIONS. The following rules and regulations shall be observed in the use, operation, and conduct of said La Porte Municipal Airport, RULE 1. THE FEDERAL AIR TRAFFIC RULES promulgated by the Federal Aviation Administration (FAA) for observance by aircraft operated anywhere in the United States, and presently or hereafter effective, are hereby referred to, adopted, and made a part hereof as though fully set forth and incorporated herein, 4 e e RULE 2. SAFEGUARD OF PERSONS AND PROPERTY. The Airport Manager shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport. RULE 3, NON-AVIATION ACTIVITIES, All leased property and all buildings or structures erected on the leased property will be utilized for aviation related activity, Outside storage of non-aviation equipment, such as automobiles, boats, or farm equipment, or conducting of non-aviation business on the airport is prohibited. RULE 4, UNAUTHORIZED SIGNS. No signs or equipment or portable buildings or house trailers may be erected, moved in or installed on the airport property except as may be specifically authorized by the Airport Manager. RULE 5, SURREPTITIOUS ACTIVITIES, Any person observing suspicious, unauthorized or criminal activities shall report such activities immediately to the Airport Manager, police, or officers of the Department of Public Safety, or other peace officer. RULE 6. WRECKED AIRCRAFT. Every aircraft owner, pilot, or agent shall be responsible for notifying the Federal Aviation Administration (FAA) and for the prompt removal from the operational areas of the airport, under the direction of the airport manager, of disabled or wrecked aircraft. Additionally, 5 e e disabled or wrecked aircraft shall be stored in hangars or shall be screened from view by an approved fence or other structure. RULE 7. REPAIRS TO AIRCRAFT. No aircraft shall be repaired on any part of the landing or take-off area, and all outside repairs shall be made at the places designated by the airport manager for such purpose. RULE 8, AGRICULTURAL OPERATIONS, Agricultural spraying operations will be conducted in accordance with procedures approved by the Airport Manager and made known to all persons conducting agricultural spraying operations, Said operations shall be conducted only on the designated airport areas, and shall not include reckless flying or careless chemical handling, Agricultural operators shall be required to follow all established rules and regulations, including conforming to the established flight pattern for landings and take-offs. Chemicals used in agricultural flying operations shall be dispersed, maintained, stored, the dispensing area cleaned and empty chemical containers promptly disposed of or stored in accordance with the standards set by the Environmental Protection Agency (EPA), Texas Department of Water Resources, Texas Department of Agriculture, Texas Health Resources, and the Airport Manager, Washing of agricultural aircraft and flushing of AG aircraft spray tanks will be accomplished in accordance with the standards set by the EPA, Texas Department of Water Resources, and Texas Health Resources in an area so designated by the Airport Manager. 6 e e Because of the hazard of such operation, the City shall require each agricultural spray operator to post a one hundred thousand ($100,000,00) dollar bond or proof of insurance in the amount of one hundred thousand ($100,000.00) dollars with the City as an additional named insured. RULE 9. DAMAGE TO AIRPORT, Any person, corporate or individual, and the owner and/or pilot of any aircraft causing damage of any kind to said airport, whether through violation of any of these rules or through vandalism or any act of negligence, shall be liable therefore in and to said City of La Porte. RULE 10, INJURY TO PERSON, Persons entering upon airport grounds do so at their own risk with no liability incurring to the City of La Porte for any injury or damage to person or property. Further, any person desiring to use the airport shall observe and obey all valid laws, resolutions, orders, rules, and regulations promulgated and enforced by the City or by any other authority having jurisdiction over the conduct and operation of the airport including the FAA, RULE 11, LICENSED PILOTS, Only properly registered aircraft and persons holding current airman and medical certificates issued by the FAA shall operate upon said La Porte Municipal Airport without written permission. Provided that this limitation shall not apply to students in training under licensed instructors nor to public 7 e e aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. RULE 12, OPERATIONS PROHIBITED. Due to the nature of operations at the airport, i,e, high annual operation, pilot training program; the operation of ultra-light aircraft, hot air balloons, hang gliders and parachutes is prohibited. This prohibition shall not apply to special events, such as airshows, if specific permission is given by the Airport Manager, or to emergency operations, RULE 13, INTOXICANTS AND NARCOTICS FORBIDDEN, No person under the influence of an intoxicant or narcotic shall operate any aircraft upon said La Porte Municipal Airport, RULE 14, DEBRIS, No bottles, glass, cans, or other litter shall be left or broken upon the floor of any building or upon any part of the surface area of the airport, No fuel, oil, solvent, acid or paint shall be dumped in sanitary or storm sewers, ditches, or anywhere on airport property, 8 e e SECTION 4. GROUND OPERATIONS RULE 15. AIR AND GROUND TRAFFIC - VEHICULAR TRAFFIC. All vehicular traffic shall be confined to the roads and streets, and shall not be operated at a speed in excess of ten (10) miles per hour. Vehicles used by the City or other authorized personnel to check the landing area will have an amber flashing rotating light on the top of the vehicle or an approved yellow and black checkered flag attached to the vehicle, Motorized vehicles are prohibited from the runways and taxiways without specific authorization from the Airport Manager. Vehicular traffic shall not be allowed on the aircraft apron except for fuel trucks and passenger/cargo loading and unloading. RULE 16. FUELING OF AIRCRAFT, a, Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place. b. All aircraft will be positively grounded when being serviced with fuel. Aircraft being serviced by a fuel truck will be grounded to the fuel truck and the fuel truck will be positively grounded, c, The pilot and passengers will exit the aircraft and the aircraft will be unoccupied during fueling operations, 9 e e d. Aircraft fuel trucks will be equipped, operated and maintained in accordance with National Fire Protection Association, Incorporated, NFPA Manual 407 "Aircraft Fuel Servicing." e, Persons or aviation businesses wishing to supply and dispense aviation fuel for their private use must first obtain permission from the City. Private fueling facilities must be located on leased property and the fueling system installed and fuel dispensed in accordance with Aircraft Fueling Rules and Directives and the La Porte Fire Code, f, Public sale of automobile gas for use in aircraft will not be permitted on the airport without approval of the City of La Porte. Aircraft authorized by the FAA to use auto gas may be privately fueled by their owner only after compliance with established rules adopted by the City, g, Aviation or auto fuels will not be stored within a hangar except in an approved safety container. RULE 17. TIEDOWN OF AIRCRAFT. a. All aircraft not hangared shall be tied down or secured at night and during inclement weather. 10 e e b. The aircraft owner, operator, or his agent is responsible for the tiedown or security of his aircraft at all times and particularly during inclement weather. c. Aircraft are to be tied down only on the paved ramp or within leased property of an FBO. Tiedown of aircraft on airport property outside of the ramp or FBO leased property is prohibited, RULE 18, RUNNING AIRCRAFT ENGINES. a, If not equipped with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them, b, No airplane will be propped, started or left running without qualified personnel at the controls. c, No engine shall be started or run inside any building, d. Aircraft operators should exercise care to ensure that engines are started, run, or warmed up in an area that will limit the effects of the propeller stream or jet blast upon all buildings and groups of people in the observation areas and path of the aircraft. 1 1 e e RULE 19, DAMAGE TO RUNWAY LIGHTS. Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the Airport Manager. Persons causing damage to runway and taxiway lights, as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s). RULE 20, TAXIING AIRCRAFT, a. No person shall taxi an aircraft until he has ascertained there will be no danger of collision with any person or object in the immediate area. b. Aircraft will be taxied at a safe and prudent speed, and in such manner as to be at all times under the control of the pilot, c, Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot. d. Aircraft shall not taxi onto the runway from the ramp and taxiway area until the pilot has determined that he will not interfere with aircraft approaching to land or on the ground in take-off position, as outlined in Federal Aviation Regulations (FAR), 12 e e e. There shall be no taxiing of aircraft by engine power into or out of hangars. RULE 21. PARKING AIRCRAFT. a. Unoccupied aircraft shall not be parked or tied down on or within two hundred and fifty (250) feet of the center line of a runway, and all unhoused aircraft shall be parked in the areas designated by the Airport Manager for that purpose. b. Aircraft will not be tied down within fifty (50) feet of an aircraft fueling station, c. Aircraft will not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the Airport Manager as an emergency measure. d, It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down. RULE 22. LOADING/UNLOADING AIRCRAFT, Pilots are prohibited from loading or unloading aircraft with the engine running. 1 3 e e SECTION 5. LANDING AND TAKE-OFF RULES, RULE 23. AUTHORITY TO SUSPEND OPERATIONS. The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety, provided operations under IFR conditions may be continued by properly rated pilots following appropriate flight rules, RULE 24. ACTIVE RUNWAY, If the winds are calm or at a ninety (90) degree crosswind to runway 5/23 take-off and land on runway 12/30. RULE 25. UNICOM. All pilots of radio equipped aircraft are encouraged to call on the local unicorn frequency to determine the active runway and to announce their position and intentions for take-off and landing, RULE 26. TAKE-OFFS ON APRON, ETC, No take-offs or landings shall be made on the apron, parking ramp or taxiway. RULE 27. TAKE-OFFS ALLOWED, Touch and go landings may be made at the discretion of the pilot, All aircraft shall clear for incoming and take-off traffic before taxiing into take-off position. 14 e e RULE 28. VISUAL FLIGHT RULES (VFR) TRAFFIC PATTERN. a. Pattern Altitude shall be eight hundred (800) feet AGL, with a left hand pattern on all runways, as shown on Exhibit A, b, Only full stop landings or touch and go landings are allowed. No stop and go landings allowed. c. All radio equipped aircraft should monitor and transmit their intentions on the appropriate unicorn frequency, d, All pattern departures should continue straight out, or exit with a forty-five (45) degree left or right turn beyond the departure end of the runway after reaching five hundred (500) feet AGL. e, All pattern entries shall be made on the downwind leg, opposite the departure end of the active runway at a forty-five (45) degree angle to the downwind leg, as shown on Exhibit A, f. No overhead entries, straight-in approaches, or entries on the base leg are permitted. 15 e e g. No intersection take-offs are allowed, except in cases where they would not infringe on take-off or landing rights of other aircraft. However, aircraft shall not use an intersection take-off to take advantage of their position to cut in front of another aircraft ready for take-off or on final approach to land. h, Touch-down on all runways should be before reaching the intersection of the two (2) runways. i. Runway 12 is the designated no-wind runway, j, If a go-around is necessary, climb-out should be to the right of the active runway, keeping the traffic in sight, Climb-out to eight hundred (800) feet AGL and re-enter the traffic pattern on the cross-wind leg, k. It is recommended that navigation lights, strobes, and beacon be turned on at all times, and landing lights be used when on final approach, take-off, and climb out, RULE 29, COMMON COURTESY. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course, After touchdown, aircraft shall exit the runway onto the taxiway at the earliest possible opportunity, No taxiing permitted against the landing traffic on the active runway. (Back-taxi). 16 e e RULE 30. AIRCRAFT ALTITUDE. Any aircraft within three (3) nautical miles of the airport at an altitude of less than one thousand two hundred (1,200) feet above the ground with the intent of landing at La Porte Municipal Airport shall conform to the flow of traffic, All aircraft shall establish the pattern altitude of eight hundred (800) feet AGL before entering the traffic pattern and shall not deviate from this altitude (except in an emergency) until descent for landing is necessary. RULE 31. ALTITUDE AND NOISE OF ENGINES. No aircraft shall be operated over the City of La Porte at an altitude of less than one thousand (1,000) feet above the ground unless in the traffic pattern with the intention of landing or take-off at the airport, Aircraft engines shall not be accelerated nor decelerated while over the City of La Porte in such manner as to distract, excite or disturb persons on the ground, regardless of altitude, This prohibition shall not apply to those operators who fly at lesser altitudes under a waiver from the Federal Aviation Administration, RULE 32, STUDENT TRAINING AND PRACTICE FLYING. a. Flight instructors shall inform students and themselves on all rules and regulations in effect at the airport. 17 e e b. The Airport Manager may designate limited areas of the airport and the City of La Porte for practice flying and training of students. c. Aircraft shall not be permitted to remain on the runway for the purpose of instructing students, and should make every effort to clear the taxiway, when stopped for the purpose of instruction, to allow taxiing aircraft to pass. RULE 33, SPECIAL PROCEDURES, The Airport Manager may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, banner towing, and other special activities that could interfere with normal operations at the airport, SECTION 6. FIRE REGULATIONS. RULE 34, FIRE REGULATIONS. a. The 1983 edition of the Fire Code of the City of La Porte, a copy of which is on file in the office of the City Secretary, is hereby incorporated and made a part of this Ordinance, as fully as if copied at length herein, Any future editions of the above referenced code shall automatically be incorporated in this Ordinance. 18 e e b. Where there exists a conflict between any regulations or limitations or penalties prescribed in the Fire Code, adopted in Section 10-38 of the Code of Ordinances, and any other building or fire prevention codes of the City, or any other provisions of the Code of Ordinances, the more stringent limitation or requirement shall govern and prevail. SECTION 7. KNOWLEDGE OF RULES IMPLIED, By publication of the caption of this ordinance as required by law, all persons will be deemed to have knowledge of its contents, However, the Airport Manager is directed to have copies of the Ordinance printed and posted where appropriate. Copies will be available at all times in the Manager's office, and copies will be furnished to owners and operators of aircraft based on the airport, SECTION 8. CONFLICT IN RULES. If and where there is conflict between any of these rules and the Federal Aviation Regulations (FAR), the latter shall prevail, to the extent of such conflict, SECTION 9. PENALTY FOR VIOLATION, a, Any person operating or handling an aircraft in violation of any of these rules or refusing to comply therewith, may, at once, be ejected from the airport, or may for any period of time, not exceeding fifteen (15) days, be denied use of the airport by the Airport Manager, and, upon hearing by the City Council, may be deprived of the further use of the airport 19 e e and its facilities for such period of time as may appear necessary for the protection of life and property. b. Any violation of the ordinance shall be a misdemeanor, punishable by fine in any sum not exceeding two hundred dollars ($200,00). Each day a violation continues shall be deemed a separate offense. This section is cumulative of all other penalties for violation of federal, state and local laws, rules, regulations, and ordinances. SECTION 10. SAVING CLAUSE. That in the event any section, or part of section or provision of this Ordinance be held invalid, unconstitutional, or inoperative, this shall not affect the validity of the remaining sections, or parts of sections of this Ordinance, but the remainder of the Ordinance shall be given effect as if said invalid, unconstitutional or inoperative section, or part of section or provision, had not been included. In the event any penalty, right or remedy created or given in any section or part of this Ordinance is held invalid, unconstitutional or inoperative, this shall not affect the validity of any other penalty, right or remedy created or given either in the whole Ordinance or in the Section thereof containing such invalid, unconstitutional or inoperative part, and if any exception to or any limitation upon any general provision herein contained shall be held to be unconstitutional or invalid, the general provisions shall nevertheless stand effective and valid as if the same had been enacted without such limitation or exceptions. 20 e e SECTION 11. OPEN MEETINGS CLAUSE. 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 thereof, 21 e e SECTION 12. EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and approval, and publication of its caption, and it is so ordered. PASSED AND APPROVED, this day of , 1989. CITY OF LA PORTE BY Norman L. Malone, Mayor ATTEST: City Secretary APPROVED: City Attorney 22 e e (dllDI!. -;.," L4 POrte MuniCID<l1 .J.lrQort VfR Trdffic ~d~~ern ~ ,t:'"r ~ St d...( Oe Sc <';")t ~Or. ~ s~ ,t:'", Pattern Altitude shall be eight hundred (800) feet AGL, with a left-hand pattern at all runways. Example shown above is for take-off/landing on Runway 12. rot;jO r \. .-- ((\t.(j /1 ,0 " e e CITY OF LA PORTE INTER-DEPARTMENTAL MEMORANDUM April 6, 1989 TO: Robert T. Herrera, City Manager Steve~~t, Public Works Director Executive Summary and Proposed Industrial Waste Ordinance FROM: SUBJECT: Attached is the proposed revision of the Industrial Waste Ordinance along with an executive summary highlighting the Industrial Waste Program and copies of the existing ordinances for comparison. We will be prepared to discuss this ordinance revision and the implementation of the intensified Industrial Waste Program at the City Council Workshop scheduled for Monday, April 17, 1989, SG/bj attachments xc: John Joerns, Assistant City Manager e e PROPOSED ORDINANCE REVISIONS Submitted by: PUBLIC WORKS WASTEWATER TREATMENT DIVISION April J 1989 e TABLE OF CONTENTS 1. Narrative 2. General Introduction 3. Executive Summary 4. Copy of Industry Survey Form 5. Definitions-Proposed Ordinance 6. Additions and Deletions-Proposed Ordinance 1. Proposed Industrial Waste Ordinance 8. Current Industrial Waste Ordinance No. 1221 9. Current Industrial Waste Ordinance No, 1357 e e e The City of La Porte currently has an Industrial Waste Program in place. This program is supported by Ordinances No. 1221 and 1357. Ordinance No. 1221 was instituted by City Council on July 16, 1980 and No. 1357 amended this ordinance on March 2, 1982. The current intensified Industrial Waste Program was begun in 1984 with the issuance of permits to the large,and potentially polluting, industrial users of the sanitary sewer system. The current program has been successful in eliminating shock loads and plant kills at the treatment plant. To date, there has been no plant kills nor major plant upsets since 1984. Prior to that time the plant had periodic trouble with shock loads causing upsets and there had been two (2) plant kills that necessitated completely reseeding the biological portion of the treatment process. Reseeding is a time consuming process and can be very expensive. Additionally, the plant is not able to meet the minimum requirements of the discharge permits issued by the Texas Water Commission and the Environmental Protection Agency. The failure to conform to the permit requirements could have resulted in fines being levied against the City of La Porte similar to the one recently given the City of Houston. However, the most damaging of all results in a plant kill is the discharging of untreated or partiallly treated wastewater into the surrounding environment. Beginning in December, 1988, the City Golf Course began uSing treated wastewater to irrigate the fairways and greens. This has proved to be a very successful re-use of a resource that is normally discharged with no benefit. There is a drawback to this use of the plant effluent. The water pumped to the golf course must not contain any element that might cause damage to the vegetation. Close watch must be kept on the incoming flow of wastewater to insure that no toxic chemicals or hazardous materials are present. The City's investment in the golf course is very substantial and must be protected. The intensified Industrial Waste Program will assist in the control of the contents of the sanitary sewer system and help to safegaurd this investment. Some industries are currently not allowed to discharge into the sanitary sewer system under the guidelines of the current Industrial Waste Ordinances due to the presence of a prohibited substance in their wastewater effluent. There have been changes in federal regulations concerning the allowable concentration of substances and, also, the prohibited discharges that have not been reflected in the ordinances. Some prohibited substances have been added and others removed. The concentrations allowed have raised in some cases and lowered in others. The revised ordinance would allow the City to determine the allowable concentrations in accordance with the current federal regulations. This might allow the City to accept some industries that we would not be able to allow to discharge into the system. e e The Environmental Protection Agency has mandated the establishment of an Industrial Waste Program and has detailed regulations concerning the contents of the program. The proposed ordinance will allow the City to be in compliance with these regulations. It is not the intent of the Industrial Waste Program to limit or to prevent businesses from being able to continue their operations, Nor is the program designed as a revenue-producer. The industrial waste surcharge is intended to reimburse the City for the additional operations and maintenance costs involved in the treatment of wastewater containing substances that make treatment more difficult. Since the inception of the current program, we have not had to resort to the final penalties available in the ordinances. We have worked with industries to institute measures that will allow their discharge to be accepted and to minimize any surcharge called for, The Industrial Waste staff have worked so well with one industrial customer, Independent Tank Cleaning Services, Inc" a van was donated to the City in appreciation for the advice and assistance rendered to them. We feel that this indicates the willingness of the staff to be of assistance and not a hindrance to our industrial customers, The main goal of intensifying this program is to protect the citizens of La Porte's health and to provide state of the art treatment for the protection of the area's recreation and natural environment. . e GENERAL INTRODUCTION There are approximately 250 business establishments or industries in the City of La Porte, A large number of these industries discharge their wastes directly into our municipal wastewater facilities, These discharges may contain significant quantities of toxic pollutants and other substances that can profoundly affect the treatment system and possibly interfere with its performance. Some of these pollutants may "pass through II the treatment works unchanged and thus be responsible for contaminating our receiving stream or cause immediate damage to the appearence of a well groomed fairway or green on La Porte's new Golf Course, In some cases toxic metals will end up as part of the municipal sludge, a condition that can result in an ultimate disposal problem. An effective industrial wastewater control program is an essential part of La Porte's future as a successful community. Conventional pollutants such as BOD TSS oil &: grease Ph upset and in high concentrations cause corrosion to the collection are capable of causing a plant over periods of time will system, concrete structers: manholes concrete pipe steel structers: lift station pumps &: motors steel pipe e e The basic requirements and activities for a successful municipal industrial Waste regulatory program in the City of La Porte will be developed through correspondence with the City government, and will include: data base development 1. Industrial Plant Surveys 2. Inventory of Industrial Discharges 3. Industrial Publications make the proper ordinance adjustments establishment of limitations on industrial discharges to the treatment system, and their enforcement; 1. Influent Analysis 2. Effluent Analysis 3. Particular Industry Analysis 4. Receiving Stream Analysis 5. When data 1s established we will have enforceable limits that are facility specific authority to enter and inspect an industrial company and obtain samples of its wastewater discharges; provide for self 1. Frequency permit 2. Pollutants monitoring programs; of sampling will be part of permittees to be analized will be stipulated in permit program to recover the cost of industrial waste treatment. 1, Surcharge e e INDUSTRIAL WASTE PROGRAM EXECUTIVE SUMMARY April, 1989 Public Works Department Wastewater Treatment Division Protection of Facilities and Environment e e The National Pollutant Discharge Elimination System (NPDES) was created by Section 402 of the Federal Water Pollution Control Act Amendments of 1972. The system involves the issuance of permits of all industries and municipalities discharging wastewaters into U, S. waterways. Permits are valid for a period not to exceed 5 years, The permit cites certain requirements that must be met by the discharger. Criteria includes: .Effluent standards and limitations governing the quality of new pollution control equipment .Schedules of compliance for construction and installation of new pollution control equipment .Monitoring and reporting requirements The NPDES permit applies only to discharge of pollutants from point source into U. S. waterways. Thus those industries discharging their wastewater to POTWs (Publicly Owned Treatment Works) are not required to have a permit. The POTW, however, must obtain an NPDES permit. These permits may require the plant to implement a pretreatment program including standards that must be met by all industrial users of its facilities. The industrial dischargers thus are indirectly controlled by the NPDES program. e e INDUSTRIAL WASTE PROGRAM OBJECTIVES: .Minimize potential problems at the Treatment Plant caused by industrial discharges .Minimize the entrance of incompatible pollutants that pass through the Treatment Plant into the receiving waters or into the distribution system used to irrigate the Golf Course and any future water recycling programs .Minimize Treatment Plant sludge disposal problems caused by excessive concentrations of toxic materials .Establish and maintain a data base sufficient to set sewer use surcharge fees and to determine compliance with pretreatment standards .Prevent water quality violations resulting from illegal direct discharges into surface waters .Protect the safety of plant personnel and the general public Achieving these objectives will require a coordinated effort between the regulated industries and the City that takes into consideration conditions and waste treatment at the industrial facility as well as the POTW. Many communities have set up a committee composed of local industry representatives, Chamber of Commerce members, and local government staff members to exchange information on testing, existing laws, proposed laws, and the general direction and progress of the program. The committee's purpose is to bring all interested parties together working toward a common goal - CLEAN WATER AND A CLEANER ENVIRONMENT! e e The object of our program is a coordinated planning effort between the industrial discharger and the Wastewater Treatment Facility of La Porte to initiate the EPA-mandated industrial permit system and to inform customers of the requirements needed for conformance to the City of La Porte's Industrial Ordinance. PROGRAM DESIGN I. Develop a Data Base A. Issue each commercial customer an industrial waste survey, Survey will request: 1. Company Name 2. Address 3 ' Telephone Number 4 , Contact Person 5. Type of Business 6. Owner and Manager 7 . Brief Summary of Operations 8. Water Source 9 . Amount of Water Used on Daily Basis 10. Pretreatment a. Volume of grease trap b. Volume of settling tank c. Other II, Record System Development A, Industry Information 1. Applications for Permits 2. Process Information 3, City Sanitary Sewer piping diagrams and locations of control points 4. Identify and evaluate the industrial discharges and classify accordingly B. Monitoring Results 1. Establish self-monitoring program for customer (pre-treatment program compliance reports) 2. Establish POTW sampling programs 3. Spot surveillance sampling 4. Non compliance and violation forms e e III. Field Visits 1. Educate customer about program 2. Insure that control points and control manholes are installed as required 3. See that grease traps are maintained and operating effectively 4. Check effectiveness of settling tanks 5. Visual inspections and observations IV. Enforcement A. Informal Actions 1. Informal notice to industrial user (telephone call with industrial user representative) 2. Informal meeting to show cause B. Formal Actions 1. Written notice Section 22, Ordinance 1221 2. Discontinue discharge Section 23, Ordinance 1221 3. Citation issued 4. Penalty: $200.00 fine for each violation Section 24, Ordinance 1221 5. Termination of service (revoke permit) Section 21, Ordinance 1221 A decision to seek formal enforcement will generally be triggered by a failure to achieve compliance in a reasonable time period through less formal means. In any case, formal enforcement will be the decision of the Superintendent as defined in Ordinance Number 1357, Section 1. e e INDUSTRY SURVEY The City of La Porte, in compliance with Federal Regulations, is conducting an Industry Survey to achieve an overall understanding of the types of businesses and the characteristics of the wastewater discharged to the City's Wastewater Treatment Plant. This information will enable identification of businesses capable of discharging pollutants of concern. Minimizing pollutant pass through and protecting the quality of the City's recreational facilities and citizens is the goal of this program, Please fill out the attached questionnaire and return to: CITY OF LA PORTE WASTEWATER DEPARTMENT P. O. BOX 1115 LA PORTE, TEXAS 77571-1115 e e DATE The City of La Porte, in compliance with the Environmental Protection Agency, is developing an Industrial Waste Pretreatment Program as required by the Code of Federal Regulations 40 part 403.8 and the Clean Water Act. This survey is to obtain information on the types of businesses within the City of La Porte. The City is asking all places of business to complete the following questionnaire: COMPANY NAME ADDRESS TELEPHONE NUMBER TYPE OF BUSINESS AND PRODUCTS OWNER CONTACT PERSON 1. WATER SOURCE: CITY PRIVATE WELL 2, WASTE ESTIMATED TO BE PLACED IN SEWER: AVG. GAL. PER DAY PRE-TREATMENT NOW INSTALLED A, VOLUME OF GREASE TRAP B. VOLUME OF SETTLING TANK C. ACCESSIBLE CONTROL MANHOLE, D. ANY OTHER TYPE OF PRETREATMENT GALLONS GALLONS YES NO PLEASE RETURN THE COMPLETED QUESTIONNAIRE TO: CITY OF LA PORTE WASTEWATER DEPARTMENT P,O, BOX 1115 LA PORTE, TX 11511 IF YOU HAVE ANY QUESTIONS, PLEASE CALL LEE DYE AT 411-5020 EXT.321. THANK YOU FOR YOUR COOPERATION, LEE DYE INDUSTRIAL WASTE TECHNICIAN e e INDUSTRIAL WASTE PERMIT The City of La Porte has two classifications for INDUSTRIAL WASTE discharge. The two categories are labeled DRY INDUSTRY, and WET INDUSTRY. The definitions of these terms as defined in our Industrial Ordinance are given below. DRY INDUSTRY: An Industry discharging only typical domestic wastewater into the City sewer system and having no process or manufacturing operation that discharges liquid industrial waste of any characteristic into the City sewer system, WET INDUSTRY: An Industry discharging 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 domestic wastewater. For assistance call, Lee O.Dye Industrial Waste Technician 471-5020 ext. 327 e e NEW DEFINITIONS NEW ORDINANCE 1, Administrative Officers 2. Amenable to Treatment 6, City Council 8. Composite Samples 12. Grab Samples 13. Industrial User 14. Industrial Waste Questionnaire 16. Interference 11. Lower Explosive Limit 20. Pass Throuah 21. Permittee 24. Pollutant 25. Priority Pollutant 26. Pretreatment Standards 21. Properly Shredded Garbage 30. Sewaae 33. Sewer 43. Total Hydrocarbons 44. Total Toxic Oraanic 41. Upset 48. Violation 49. Watercourse 50. Wet Industry DEFINITIONS THAT HAVE BEEN ELIMINATED OR CHANGED ORDINANCE 1221 << 1351 NEW ORDINANCE 3. Buildina Sewer 6, Control Manhole Defined in Sec, 4-B 1. Control Point Defined in Sec. 4-B 10. Industrial Waste Charae Defined as Surcharge 14. Overload 23. Superintendent Defined as Approving Authority 28. Waste Defined as Sewage 30. Wastewater Facilities Defined as Sewage Works 31. Wastewater Treatment Plant Defined as Sewage Treatment Plant 32. Wastewater Service Charge Defined as Sewer Service Charge e e NEW ORDINANCE NEW REQUIREMENTS SECTION 2 ADMISSION OF WASTES INTO PUBLIC SEWERS (A) PERMIT REQUIRED (A) 2. WET INDUSTRY CLASSIFICATION PERMIT (C) PRE-APPLICATION CONFERENCE (D) APPLICATION REQUIREMENTS (E) SUBMISSION OF INFORMATION (G) EXISTING BUSINESS NOT IN COMPLIANCE (3) PERMIT SHALL NOT BE TRANSFERABLE (K) PERMIT REQUIREMENTS SELF MONITOR PROGRAM (L) MAINTAINING A VALID PERMIT (M) FAILURE TO COMPLY SECTION 3 PROHIBITIVE DISCHARGES (A) second paragraph NO PERSON SHALL EVER INCREASE... (prohibits dilution) (A) third paragraph IN CASES WHERE,.., (prevent waste from entering system) (A) fourth paragraph NO PERSON ENGAGED IN COMMERCIAL HAULING,.. (tank cleaning, log of products cleaned, prohibit the hauling of waste into City for disposal) (B) 4, INDUSTRIAL WASTE WHICH CREATES.,. (lower explosive limit, means of enforcement for dischargers of flammables) see (B) 3. (B) 11. NO PERSON SHALL DISCHARGE", (unless limits have been set by APPROVING AUTHORITY) (B) 12,b, (1), (2), (3), (4) LOCAL LIMIT DEVELOPMENT (prevention of pollutant passthrough) (B) 12.c. NATIONAL PRETREATMENT STANDARDS (for FEDERAL REGULATED CATEGORIES of INDUSTRIAL USERS more stringent standards will always apply) e e SECTION 4 CONTROL OF ADMISSIBLE WASTES (A) (1) GREASE INTERCEPTOR SIZING SECTION 7 POWERS AND AUTHORITY OF ENFORCING AGENTS (C) ANY PERSON FOUND TO BE VIOLATING,., (notice for violation, corrective measures, compliance date, citation, right to waive notice, suspension, terminate City services.) (D) WHERE CHEMICAL SUBSTANCES ARE RELEASED". (hazardous discharge, right to terminate services) (E) DENIAL OR SUSPENSION OF PERMIT (NON COMPLIANCE) (E) 2, REINSTATEMENT AFTER SUSPENSION (E) 3. NO DISCHARGE DURING SUSPENSION (E) 4, THE APPROVING AUTHORITY MAY AMEND ANY PERMIT (F) APPROVING AUTHORITY MAY PUBLISH LIST OF SIGNIFICANT VIOLATORS (CODE OF FEDERAL REGULATIONS 403.8) SECTION 11 CITY COUNCIL REVIEW ORDINANCE 1221 & 1357 ELIMINATED ARTICLES SECTION 3 CHEMICAL DISCHARGES (a) (2) fluoride other than that contained in the pUblic water supply; SECTION 5 PARTICULATE SIZE (b) REVIEW AND APPROVAL OF GARBAGE GRINDERS HAS BEEN ELIMINATED SECTION 16 USER CHARGE SYSTEM ALL SECTIONS OF THIS ARTICLE HAVE BEEN ELIMINATED FROM THE INDUSTRIAL WASTE ORDINANCE BECAUSE THEY DO NOT PERTAIN AND ARE AVAILABLE IN OTHER CITY ORDINANCES. e e SECTION 19 ISSUANCE OF PERMITS, PERMIT FEES (c) DRY INDUSTRY CLASSIFICATION PERMIT (the $25.00 application fee has been eliminated) e e INDUSTRIAL WASTES ORDINANCE NO. 1. DEFINITION OF TERMS 2. ADMISSION OF WASTES INTO PUBLIC SEWERS 3. PROHIBITIVE DISCHARGES 4. CONTROL OF ADMISSIBLE WASTES 5. INDUSTRIAL COST RECOVERY SURCHARGE 6. PROTECTION FROM DAMAGE OR INTERFERENCE 7. POWERS AND AUTHORITY OF ENFORCING AGENTS 8. PENALTIES 9. SEVERABILITY 10. REPEAL OF ORDINANCE 1221 & 1357 11. CITY COUNCIL REVIEW 12. EFFECTIVE DATE e e ORDINANCE NO. AN ORDINANCE REPLACING ORDINANCE NUMBERS 1221, AND 1357, CODE OF ORDINANCES, CITY OF LA PORTE, TEXAS, REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO PUBLIC SEWERS OF THE CITY OF LA PORTE, TEXAS,PROMULGATING REGULATIONS AND ESTABLISHING CHARGES FOR SERVICES RENDERED, PROVIDING FOR A PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION THEREOF, REPEALING ALL CONFLICTING ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. 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 proportion 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 treatment facilities may pretreatment, or controlled certain types or quantities of and operation of the collection and require either the excluding, discharge at point of origin of industrial wastes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 That City Ordinance numbers 1221, and 1357, INDUSTRIAL WASTE, of the City of La Porte, Texas is repealed. 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 ) e e 2. Amenable to Treatment - The words "amenable to treatment" shall mean that a substance is susceptible to reduction in concentration by treatment provided in the City's sewage treatment plant, to a level which is acceptable for discharge into a stream. 3. Approvina Authoritv - 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 mgjl. The laboratory determination shall be made in accordance with the procedures set forth in "Standard Methods" . 5. City - 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. 7. COD - The letters "COD" (denoting Chemical Oxygen Demand) shall mean the measure of oxygen consuming capacity, expressed in mgjl. 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. 9. Domestic Sewage - The words "domestic sewage" shall mean water-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 mgjl and BOD is not more than 250 mg/l. 10. Dry Industry - An industry or business discharging only domestic sewage into the City sewer system. 11. Garbaqe - The word "garbage" shall mean solid wastes and residue from the preparation, cooking, and despensing of food, and from the handling, storage, and sale of food products and produce. 12. Grab Samples - The words "grab samples" shall mean samples taken during a period of fifteen (15) minutes or less. ( 3 ) e e 13. Industrial User - The words "Industrial User" shall mean an industry or business which discharges wastewater into the City's sewage treatment plant. e e 14. Industrial Waste Questionnaire - The words "Industrial 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. 15. Industrial Wastes - The words "industrial wastes" 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 normal domestic sewage. 16. Interference - The word "interference" shall mean the inhibition of or disruption of the sewage treatment process or 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. 17. Lower 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 ignition source, will ignite. 18. Milligrams liter" is per liter to pounds Per Liter (mall) - The words "milligrams per a weight-per-volume concentration; the milligrams value multiplied by the factor 8.34 is equivalent of constituent per million gallons of water. 19. Natural Outlet - The words "natural outlet" shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water. 20. Pass Through - The words "pass-through" shall mean a condition in which pollutants entering the sewage treatment works are incompletely removed resulting in discharge concentrations which violate NPDES or other state and federal water quality standards. 21. Permittee - The word "Permittee" shall mean a person granted a permit under this ordinance. 22. Person - The word "person" shall mean any and all persons, natural or artificial, including any individual, firm, company, industry, municipal or private corporation, association, society, governmental agency, or other entente and agents, servants, or employees. ( 4 ) e e 23. Iili - The letters "pH" shall mean the reciprocal of the logarithm (Base 10) of the hydrogen ion concentration of a solution. 24. 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. 25. Priority Pollutant - The term "priority pollutant" shall mean any pollutant discharged into the sewage works of the City that may cause interference, upset, or pass through. 26. Pretreatment Standards - The words "Pretreatment Standards" 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. 27. Properly shredded Garbaae - 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 particals will be carried under the flow conditions normally prevailing in public sewers, with no particles greater than one-half inch in any dimension. 28. 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. 29. Sanitary Sewer - The words "sanitary sewer" shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not admitted. 30. Sewaqe - The word "sewage" shall mean a combination of water- carried waste from residences, buildings, institutions, and industrial establishments. 31. Sewaae Treatment Plant - The words "sewage treatment plant" shall mean any arrangement of devices and structures used for treating sewage. 32. Sewaae Works - The words "sewage works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage. 33. Sewer - The word "sewer" shall mean a pipe for carrying sanitary sewage. 34. Sewer Service Charae - 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 e e concentration values established as representative of normal sewage. 35. Shall - The word "shall," wherever used in this ordinance, will be interpreted in its mandatory sense; "may" is permissive. ( 5 ) e e 36. Sluq - The word "slug" shall mean any discharge of water, sewage, or industrial waste which, in concentration of any constituent or in quantity of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during the normal operation. 37. Standard Methods - The words "Standard Methods" shall mean the examination and analytical procedures set fourth 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. 38. Storm Sewer or Storm Drain - The words "storm sewer or storm drain" shall mean a sewer which carries storm and surface waters but excludes sewage and industrial wastes. 39. Storm Water Runoff - The words "storm water runoff" shall mean that portion of the rainfall that is drained into the storm sewers. 40. Surcharae - 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 "normal" sewage. 41. Suspended Solids - The words "suspended solids" shall mean solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtration. Quantitive determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods." 42. To Discharqe - 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 Hvdrocarbons - 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. 44. Total Toxic Organics - The words "total toxic organics" shall mean the sum of the concentrations of any organic pOllutants present in sewege which are identified by the U.S.EPA as priority pollutants. (6 ) e e 45. Trap - The word "trap" 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. 47. 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. 49. Watercourse - The word "watercourse" shall mean a natural or man-made channel in which a flow of water occurs, either continuously or intermittently. 50. Wet Industry - An industry or business discharging industrial wastes into the City sewer system. SECTION 2 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 wastes 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 (3) three 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, e e a Wet Industry Classification Permit shall be issued only after the applicant is in compliance with Section ~, Section ~, 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 (1) one 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) (10) ten days prior to expiration of his current permit. 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. ( 7 ) e e / (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. 5. Applicant agrees to the following conditions: 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 pretreatment. 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. (8) e e (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 Authority 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 ~ 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. (9) e e (H) The Approving Authority shall issue a permit to 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 ~ 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. (X) PERMIT REQUIREMENTS - 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 5 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 of an accident, spill, upset or other occurrence result in the discharge to the Sanitary Sewer of wastes in excess of limits set forth in this permit. event that may any 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 e e 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. SECTION 3 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 sprays 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 increase 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. ( 11) e e 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, waters or waste: 1. Any liquid having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade) or liquid which raises the temperature of the sewage treatment plant's influent to 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 32 degrees and 150 degrees Fahrenheit. 3. Any solids, liquids or gases which by themselves, or by interaction with other substances, may cause fire or explosion hazards, or in any other way be injurious to persons, property, or the operator of the sewage works. 4. Industrial waste which creates an atmosphere in the sewer measuring greater than 10% 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 20%, shall be serviced at intervals recommended by their manufacturer, and shall be approved by the Approving Authority. 5. Any solids, slurries or viscous substances of such character as to be capable of causing obstruction 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 fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. 6. Any garbage that has not been properly comminuted or shredded. (12 ) e e 7. Any noxious or malodorous substance, which either singly or by interaction with other substances is capable of causing objectionable odors, or hazard to life; or forms solids or creates any other condition deleterious to structures or treatment processes; 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. 10. 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 Beryllium Bismuth Boron Cobalt Fuel Oil Fungicides Gasoline Herbicides Molybdenum Naphtha Insecticides Rhenium Strontium Tellurium Tin Uranyl 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. (13 ) e e Daily Grab Metal Average Composite Sample ( 1 ) Arsenic 0.1 0.2 0.3 ( 2 ) Barium 1.0 2.0 4.0 ( 3 ) Cadmium 0.005 0.1 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 ) Mercury 0.005 0.005 0.01 ( 9 ) Nickel 1.0 2.0 3.0 (10) Selenium 0.05 0.1 0.2 (11 ) Silver 0.05 0.1 0.2 ( 12) Zinc 1.0 2.0 6.0 (13) Any Cyanide greater than 1.00 mgll. ( 14 ) Any Phenols greater than 2.00 mg/l. ( 15) Any Chlorides greater than 250.00 mg/l. b. No person may discharge organic chemicals 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. (14) e e 13. Except in quantities, or concentrations, or with provisions as stipulated herein, it shall be unlawful for any person, corporation, or individual to discharge 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 mgll including but not limited to: (1) sodium chloride; and (2) sodium sulfate; d. Materials which exert or cause the following: (1) Color or discoloration not amenable to treatment; (2) BOD exceeding 5,000 mgll with a flow volume which produces interference; (3) Hydrogen sulfide greater than 10 mg/l; (4) Unusual flow and concentration shall be pretreated to a concentration acceptable to the City, if such 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 (15) e e (5) COD in concentrations which are not amenable to treatment. Where discharge of such wastes to the sanitary properly pretreated or otherwise corrected, Authority shall reject the wastes or terminate sanitary sewer service to permittee's facility. sewer are not the Approving the water and 14. Unless exception is granted 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: 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. SECTION 4 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 gastight 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. (16) e e (1) Grease Interceptor Sizing Formula for new business establishments. RESTAURANTS: HR (D) x (GL) x (ST) x (2 x LF = GALLON CAPACITY o = 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. (C) Sampling of effluent or waste discharged may be accomplished manually, or by the use of mechanical equipment, to obtain a composite sample which would be representative of the total (17) e e 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 CFR, Part 136. SECTION 5 INDUSTRIAL COST RECOVERY SURCHARGE A Permittee discharging industrial wastes with a BOD exceeding 250 mgll, or a suspended solids content of greater than 300 mgll, or both, and meet all conditions of SECTIONS ~, 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 represents the Biochemical Oxygen Demand (mg/l) of the Industrial Waste. Note: for concentrations less than or equal to 250 mgll the value of BOD shall be considered zero; (3) SS represents Suspended Solids of the Industrial Waste (mg/l). Note: For concentrations less than or equal to 300 mgll the value of SS shall be considered zero; ( 18) e e (4) 0 & M Cost represents Operations and Maintenance Cost of La Porte's Wastewater Treatment Facility. Note: The operations and maintenance cost as determined by the City shall be periodically updated. (5) Vol represents Volume Discharged in 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) Billinq 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. 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 or 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. (19) e e SECTION 7 POWERS AND AUTHORITY 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. (20) e e (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 ~ and may suspend a permit in accordance with paragraph (C) above if he determines that a Permittee: a. Is not complying with Section ~; 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 ~ (E). (21) e 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 sanitary sewer. 4. The Approving Authority may amend any permit issued hereunder to ensure compliance with applicable laws and regulations ten (10) days after mailing proposed amendment to Permittee at address shown on application. (F) The Approving Authority may publish a list of the names and addresses of all persons committing significant violations of any provision of this chapter during the preceding year. Said list shall be published annually in the newspaper of largest daily circulation. SECTION 8 PENALTIES (A) Any person, firm, or corporation who shall violate any provision of this Ordinance, or who shall fail to comply with any provision hereof,shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed two hundred dollars ($200.00), and each day of the violation shall constitute a separate offense and shall be punished accordingly. (B) This Ordinance applies only to offenses committed on or after its effective date, and any offense committed before this Ordinance's effective date is governed by law 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 statutes or other state ordinances against a person continuing prohibited discharges. (22) e e SECTION 9 If any provision of this ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable SECTION 10 All ordinances and parts of ordinances inconsistent, or in conflict, with this ordinance are hereby repealed. SECTION 11 The City Council shall review this Ordinance at least once every three (3) years. (23) ., .. e e SECTION 12 This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the City of La Porte, Texas and it is accordingly so ordained. PASSED AND ADOPTED this day of 1988. Mayor ATTEST: City Secretary (24) ,.1 . I (- . (/ ( ( \.... .. e . ORDINANCE NO. /:J:1./ AN ORDINANCE REGULATING THE DISCHARGE OF WASTES INTO THE SANITARY SE\iERS OF THE CITY OF LA PORTE TEXAS; ESTABLISHING A PERMIT SYSTEM ESTABLISHING A SYSTEM OF CHARGES FOR SERVICES RENDERED~ REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES; AND PROVIDING FOR ENFORCE- MENT . WHEREAS, the City of La Porte has provided facilities for the collection and treatment of wastewater 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 operation of such facilities to accommodate certain types and quantities of industrial wastes in addition to normal wastewater; and ' WHEREAS, :it is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the City of La Porte in an equitable manner and, in- sofar as it is practicable, in proportion to benefits derived; and WHEREAS, protection of the quality of thE:! effluent and proper operation of the wastewater collection and treatment facilities and quality'of effluent may require either the exclusion, pre- treatment, or controlled discharge at point of origin of certain types or quantities of industrial wastes~ and WHEREAS, the City of La Porte shall require future compliance with any rules and regulations promulgated under Section 307 of the Clean Wate,r Act: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS: SECTION 1. DEFINITIONS. As used in this ordinance (1) ItAPPROVING AUTHORITY" means the City Administrator or his duly authorized representative. (2) ItB.O.D." (Biochemical Oxygen Demand) means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. . (3) "BUILDING SEWERIt means the extension from the building drain to the public sewer on other place of disposal (also called the house lateral and house connection). (4) "CITY" means the City of La Porte, Texas, or any authorized person acting in its behalf. (5) "C.O.D.II (Chemical Oxygen Demand) means measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand. ---.-'- . I ,. (' ( ) ~ l · e e ORDINANCE NO. {-<~I Page 2 (6) "CONTROL MANHOLE" means a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other dis- charges in the public sewer. "CONTROL POINT" means point of access to a course of discharge before the discharge mixes with other discharges in the public sewer. (7) (8) "GARBAGE" means animal and vegetable wastes and residue from preparation, cooking 'and dis- pensing of food; and from the handling, proc- essing, storage and sale of food products and produce. "INDUSTRIAL WASTE" means waste resulting from any process of industry, manufacturing, trade, or business from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from,normal wastewater. (9) (10) "INDUSTRIAL WASTE CHARGE" means the charge made on those persons who discharge industrial wastes into the city's sewerage system. (11) "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. (12) "NATURAL OUTLET" means any outlet into a water- course, ditch, lake, or other body of surface watE or groundwater. (13) "NORMAL DOMESTIC WASTEWATER" means wastewater ex- cluding industrial wastewater discharged by a per- son into sanitary sewers and in which the average concentration of total suspended solids is not more than 300 mg/l and BOD is not more than 250 mg/l. (14) "OVERLOAD" means the imposition of organic or hfdraulic loading on a treatment facility in ex- cess of its engineered design capacity. ' (15) "PERSON" means any individual and includes any corporation, organization, government or 'govern- mental subdivision or agency, business trust, estate, trust, partnership association, or other legal entity. (16) "pH" means the logarithm (Base 10) of the recip- rocal of the hydrogen ion concentration. (17) "PUBLIC SEWER" means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the City of La Porte, Texas. (l8) "SANITARY SEWER" means a public sewer that conveys domestic wastewater or industrial wastes or a com- bination of both, and into which storm water, sur- face water, groundwater, and other unpolluted wastes are not intentionally passed. I 1..". ( ( ( ( '- . . .. e e ORDINANCE NO. 1;);')./ Page 3 (19) "~LUG" means any discharge,of water, wa~tewater or industrial waste which 1n conc:ntrat1on of any given constituent or in quant1ty of flow, exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four hour concentration or flows during normal operation. "STANDARD METHODS" means 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 Waste- water" as prepared, approved, and published jointly by the American Public Health Associa- tion, the American Water Works Association, and the Water Pollution Control Federation. (20) "STORM SEWER" means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed. ' (22) "STORM WATER" means rainfall or any other forms of precipitation. (2l) (23) "SUPERINTENDENT" means the Water and Wastewater Superintendent of the City of La Porte, Texas or his duly authorized deputy, agent or representa- tive. (24) "SUSPENDED SOLIDS" (55) means solids measured in mg/l that either float on the surface of, or are' in suspension' in, . water, wastewater, 'or other liquids, and which are largely, removable by a laboratory filtration device. (25) "TO DISCHARGE" includes to deposit, conduct, drain, emit, throw, 'run, allow to seep, or other- wise release or dispose of, or to allow, permit, or suffer any of these acts or omissions. (26) "TRAP" means a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances. (27) "UNPOLLUTED WASTEWATER" means water containing (A) no free or emulsified grease or oil; (B) no acids or alkalis; (C) no phenols or other substances producing taste or odor in receiving water; (D) no toxic or poisonous substances in sus- pension, colloidal state, or solution; (E) no noxious or otherwise obnoxious or odorous gases; (F) not more than an insignificant amount 'in mg/l each of suspe~ded solids and BOO, as determined by the Texas Department of Water Resources; and (G) color not exceeding fifty (50) units as measured by the Platinum-Cobalt method of determination as specified in Standard Methods. (28) "WASTE" means rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resultin from domestic, agricultural, or industrial activities , ' ( c. ( I.. .. e -- ORDINANCE NO. l:J ;;../ Page. 4 ( 29) "WASTEWATER" means a cornbinationo~ the wa~er: carried waste from residences, bus~~ess bu~ld~ngs, institutions, and industrial establ~shments, to- gether with any ground, ~urface, and stqrm water that may be present. . "WASTEWATER FACILITIES" includes all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes. "WASTEWATER TREATMENT PLANT" means any City-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers. (30) ( 31) (32) "WASTEWATER SERVICE CHARGE" means the charge on all users of the public sewer system whose wastes do not exceed in strength the concentration values established as representative of normal wqste- water. And . (33) "WATERCOURSE" means a natural or man-made channel in which a flow of water occurs, either continu- ously or intermittently. SECTION 2. PROHIBITED DISCHARGES. (a) 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 facilitiesl . (2) constitute a hazard to humans or animalsl or (3) create a hazard in receiving waters of the waste- water treatment plant effluent. (b) All discharges shall conform to requirements of this ordinance. SECTION 3. CHEMICAL DISCHARGES. (a) No discharge to public sewers may contain: (1) cyanide greater than 1. 0 mg/ll (2) fluoride other than that contained in the pUblic water supply; (3) chlorides in concentrations greater than 2~0 mg/l; (4) gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; or (5) substances causing an excessive Chemical Oxygen Demand (C.O.D.). (b) No waste or wastewater discharged to public waters may contain: (1) strong acid, iron pickling wastes, or concentrated plating solutions whether neutralized or not; (2) fats, wax, grease, or oils, whether emulsified or not, in excess of one hundres (100) mg/1 or con- taining substances which may solidify or become viscous at temperature between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees Centigrade) . . . e e . . ORDINANCE NO. /:1.:). / Page 5 (3) objectionable or toxic substances, exerting an excessive chlorine requirement, ~o such, degre: that any such material received ~n the c~m~os~te wastewater treatment works exceeds the l~m~ts established by the Approving Authority for such materials~ or . ( (c) obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of Section 2(a). No waste, wastewater, or other substance may be dis- charged into public sewers which has a pH lower than 5.5 or higher than 9.5, or any other corrosive property capable of causing damage or hazard to structures, equipment, and/or personnel at the wastewater facilitie (4) ( (d) All waste, wastewater, or other substance containing phenols, hydrogen sulfide, or other taste-and-odor pro- ducing substances, shall conform to concentration limit established by the Approving Authority. After treatmen of the composite wastewater, concentration limits may not exceed the requirements established by state, feder, or other agencies with jurisdiction over discharges to receiving waters. SECTION 4. HAZARDOUS METALS AND TOXIC MATERIALS. (a) No discharges may contain concentrations of hazardous metals other than amounts specified in subsection (b) of this section. (b) The ;allowab1e concentrations of hazardous metals, in terms of milligrams per liter (mg/1), for discharge to inland or tidal waters, and determined on the basis of individual sampling in accordance with "Standard Methods ar e :' Not To Exceed Daily Grab Metal Average Composite Sample (1) Arsenic 0.1 0.2 0.3 (2) Barium 1.0 2.0 4.0 (3) Cadmium 0.005 0.1 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 ) Mercury 0.005 0.005 0.01 (9) Nickel 1.0 2.0 3.0 (10) Selenium 0.05 0.1 0.2 (11) Silver 0.05 0.1 0.2 ( 12) Zinc 1.0 2.0 6.0 (Note: These concentration parameters and rules governing same are promulgated under authority of Sections 5.131 and 5.132, Texas Water Code - HAZARDOUS METALS and in accordance with Texas Department of Water Resources Rule 156.19.) (c) No other hazardous metals or toxic materials may be dis- charged into public sewers without a permit from the Approving Author~ty specifying conditions of pretreat- ment, concentrat1ons, volumes, and other applicable pro- visions. l ( c, ( ( \... .. e e ORDINANCE NO. 1:J.21 Page 6 (d) Prohibited hazardous materials include but are not limited to: ( 1) (2) (3) (4) ( 5) (6) (7) (8) (9) (10) , (11) (12) Antimony Beryllium Bismuth Cobalt Molybdenum Uranyl ion Rhenium Strontium Tellerium Herbicides Fungicides Pesticides SECTION 5. PARTICULATE SIZE. (a) No person may discharge garbage or other solids 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 dimen- sions are prohibited. The Approving Authority is entitled to review and ap- prove the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater. (b) SECTION 6. STORM WATER AND OTHER UNPOLLUTED DRAINAGE. (a) No person may discharge to' public sanitary sewers (1) unpolluted storm water, surface water, groundwater, roof runoff or subsurface drainage; (2) unpolluted cooling water; (3) unpolluted industrial process waters; (4) other unpolluted drainage: or make any new connections from inflow sources. (b) In compliance with the Texas Water Quality Act and other statutes, the Approving Authority may designate storm sewers and other watercourses into which unpolluted drainage described in subsection (a) of this section may be discharged. SECTION 7. TEMPERATURE. No person may discharge liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (65 degrees Centigrade), or any substance which causes the temper- ature of the total wastewater treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour, or a combined total increase of plant influent to one hundred ten (110) degrees Fahrenheit. SECTION 8. RADIOACTIVE WASTES. (a) No person may discharge radioactive wastes or isotopes into public sewers without the permission of the Approving Authority. .. e - ORDINANCE NO. \ I.:J. ~ / Page 7 (b) TheiApproving Authority may establish, in,compliance _ with applicable state and federal regu~at~?ns, regu~a tions for discharge of radioactive wastes ~nto publ~c sewers. c I SECTION 9. IMPAIRMENT OF FACILITIES. (a) No person may discharge into public sewers any substanc capable of causing (1) Obstruction to the flow in sewers; (~) Interference with the operation of treatment processes of facilities; or (3) Excessive loading of treatment facilities. Discharges prohibited by Section 9(a) include, but are not 'limited to, materials which exert or cause concentr tioris of (b) (1) , Inert suspended solids greater than 250 mg/l incluc but not limited to co) (A) Fuller's earth (B) lime slurries; and (e) lime residues; (2) Dissolved solids greater than 500 mg/l including but not limited to (A) sodium chloride; and (B) sodium sulfate; , (3) Excessive discoloration including but not limited to (A) dye wastes; and (B) vegetable tanning solutions; or (4) BOD, COD, or chlorine demand in excess of normal plant capacity. ( (c) No person may discharge into public sewers any substance tha t 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 effective} treated by normal wastewater treatment processes due to the nonarnenability of the substance to bacterial action; or (4) Deleteriously affect the treatment process due to excessive quantities. (d) No person may discharge any substance into public sewers which \.. (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 require- ments of other agencies having jurisdiction over discharge to the receiving waters. e e ORDINANCE NO. /..2,),/ .. Page 8 The Approving Authority shall regulate the flow and concentration of slugs when they may (1) Impair the treatment process; (2) Cause damage to collection facilities; (3) Incur treatment costs exceeding those for normal wastewater; or (e) ( (4) Render the effluent unfit for stream disposal or industrial use. No person may discharge into public sewers solid or viscous substances which may violate subsection (a) of this section if present in sufficient quantity.or size including but not limited to ( f) ( (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) ( 16) (17) ( 18)' (19) (20) ( 21) (22) (23) ashes; cinders; sand; mud; straw; shavings; metal; glass; rags; feathers; tar; plastics; wood; unground garbage; whole blood; paunch manure; hair and fleshings; entrails; paper products, either whole or ground by garbage grinders; , slops; chemical residues; paint residues; or bulk solids. SECTION 10. COMPLIANCE WITH EXISTING AUTHORITY. ( (a) Unless exception is granted by the Approving Authority, the public sanitary sewer system shall be used by all persons discharging: (1) wastewater; (2) industrial waste; (3) polluted liquids; (b) Unless authorized by the Texas Department of Water Re- sources, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property or into or adjacent to any: (1) natural outlet; (2) watercourse; (3) storm sewer; (4) pther area within the jurisdiction of the city. (c) The Approving Authority shall verify prior to discharge that wastes authorized to be discharged will receive suitable treatment within the provisions of laws, regula- tions, ordinances, rules and orders of federal, state and local governments. '- .. -- e ORDINANCE NO. /~~/ Page 9 ( SECTION 11. APPROVING AUTHORITY REQUIREMENTS. (a) If discharges or proposed discharges to public sewers may (1) Deleteriously affect wastewater facilities, proce~ equipment, or receiving waters: Create a hazard to life or health; or (2) (3) Create a public nuisance: the Approving Authority shall require (A) pretreatment to an acceptable condition for discharge to the public sewers; (B) control over the quantities and rates of discharge;, and (C) payment to cover the cost of handling and treating the wastes. c. (b) The Approving Authority is entitled to determine whethe: a discharge or proposed discharge is included under sub- section (a) of this section. (c) The Approving Authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of subsection (a) of this section. SECTION 12. APPROVING AUTHORITY REVIEW AND APPROVAL. (a) If pretreatment or control is required, the Approving Authority shall review and approve design and installa- tion of equipment and processes. (b) The design and installation of equipment and processes must: conform to all applicable statutes, codes, ordi- nances and other laws. ( (c) Any person responsible for discharges requiring pre- treatment, flow equalizing, or other facilities shall provide and maintain the facilities in effective operat- ing condition at his own expense. SECTION 13. REQUIREMENTS FOR TRAPS. (a) Discharges requiring a trap include (1) Grease or waste containing grease in amounts that .will impede or stop the flow in the public sewers: (2) Oil: (3) Sand: (4) Flammable wastes; and (5) Other harmful ingredients. I '- Any person responsible for discharges requiring a trap shall at his own expense and as required by the Approving Authority (1) Provide equipment and facilities of a type and capacity approved by the Approving Authority; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and e ORDINANCE NO. .. e /~ :J-/ Page 10 ( ,(3) Maintain the trap in effective operating conditior SECTION 14. REQUIREMENTS FOR BUILDING SEWERS. (a) Any person responsible for disch~rges through a building sewer carrying industrial wastes shall, at his own expense and as required by the Approving Authority (1) Install an accessible control manhole; (2) Install meters and other appurtenances to facilita observation sampling and measurement of the waste; and (3) Install safety equipment and facilities (ventila- tion, steps...) where needed. (4;) Maintain the eq~ipment and facilities. SECTION 15. SAMPLING AND TESTING. ( (a) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property. , (NOTE: The particular analysis involved will determine whether a twenty-four (24) hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are ob- tained from 24-hour composites of all outfalls. Where applicable, l6-hour, a-hour or some other period may be required. periodic grab samples are used to deter- mine pH and oil and grease.) (b) Examination and analyses of the characteristics of waters and wastes required by the ordinance shall be (1) Conducted in accordance with the latest edition of "Standard Methods"; and ( (2) Determined from suitable samples taken at the contrc manhole provided or other control point authorized by the Approving Authority. (c) BOD and suspended solids shall be determined from com- posite sampling, except to detect unauthorized discharges (d) The Approving Authority shall determine which users or classes of users may contribute wastewater which is of greater strength than normal domestic wastewater. All users or classes of users so identified shall be sampled for flow BOD, TSS and pH at least annually. (e) City may select an independent firm or laboratory to determine flow, BOD, and suspend~d solids~ if n~cessary. Flow may alternately be determined by water meter measure- ments if no other flow device is available and not other source of raw water is used. SECTION 16. USER CHARGE SYSTEM. (a) Persons making discharges of industrial waste into the City of La Porte system shall pay a charge to cover all costs of collection and treatment. . . e ORDINANCE NO. /..;J:;.I Page 11 (b) When discharges of any waste into.the City ?f La Porte system are approved by the ApprOv1~g Author~ty, th: City or its authorized representat1ve shall enter 1nto an agreement or arrangement providing (1) Terms of acceptance by the City; (. (' Payment by the person making the discharge, in accordance with the User Charge System as estab- lished in Subpart (e) of this Section; Sewer connection procedures and requirements shall be in accordance with the Southern Standard Plumb- ing Code, as amended; , A sewer application approved with connection fee paid; and Construction of 'sewer connections shall be approvel by City inspectors prior to sewer use. (c) Each User of the wastewater treatment system will be notified, at least annually, in conjunction with a regu- lar sewer bill, of the rate and that portion of user charges which are attributable to the Operation and Maintenance of the wastewater treatment system. (3) (2) '(4) (5) (d) The City will apply excess revenues collected from a class of users to the cost of operation and maintenance attributable to that class for the next year and adjust the rates accordingly. (e) User charges shall be in conformance with Chapter 26, Article II, Section 26-15, Sewer Service Charges, of the City of La Porte Code of Ordinances. SECTION 17. INDUSTRIAL COST RECOVERY SURCHARGE. ( Persons or owners discharging industrial wastes which exhibit none of the characteristics of wastes prohibited in Section 2, other than excessive BOD, or suspended solids, having a concentra- tion during a twenty-four (24) hour period average of suspended solids of BOD content in excess of "normal domestic sewage" shall be required to pretreat the industrial wastes to meet the require- ments of "normal domestic sewage"; however, such wastes may be accepted for treatment if all the following requirements are met: (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 sur- charge over and above the existing sewer rates. The basis for surcharge on industrial wastes is to be com- puted on the following basis: ISS = V [0.085 (BOD-250) + 0.056 (SS-300)] ISS - Industrial waste surcharge in dollars V - Volume discharged in thousand gallons BOD - Five day at 20 C BOD of the industrial waste (mg/l) SS - Suspended solids of the industrial waste (mg/l) , e ORDINANCE NO. /;2.~/ e Page 12 ( The 'volume of wastes may be determined by the sa~e methods used to calculate the regular sewerserv~ce charge. For establishments discharging less than 20,000 gallons/day, the BOD and suspended solids values may be determined from standard value.s for various industries established by the Approving Authority. In cases where the discharge from any establishment exceeds 20,000 gallons/day, or in the event that the discharger desires to determine ac- curate values of BOD and suspended solids, the dis- charger shall install at his expense a sampling point at a location near the outlet of each building drain or connection with any sanitary sewer of the City. BOD and suspended solid values determined from samples collected from any establishment shall be determined by the Approving Authority or a Regis- tered Professional Engineer employed by the dis- charger. Such report shall contain a statement that the samples collected and values determined are based on a 24-hour composite representative of the establish- ment's flow. Each sampling point shall be installed and shall be so maintained by the discharger so that any authorized representative of the City may readily and safely obtain samples of the flow at all times. Plans and location of such sampling points shall be approved by the Approving Authority prior to construc- tion. Construction of such sampling points for exist- ing discharges shall be completed by January 1, 1981, if use of data to be considered for rate establishment by June 1, 1981. If a discharger installs a sampling point after this date, adjustment of the rate to actual samples will be made within a 90 day period from the date of installation. ( ( All flow rates and BOD and suspended solid values used in determination of the Industrial Sewer Service Charge shall be re-evaluated on an annual basis. However, if there is a major change in the operation to cause changes in value, the values may be increased or decreased on a. ~tudy of changes or actual measurements. The basis for determining the surcharge shall be reviewed biannually and shall be adjusted to reflect any increase or decrease in wastewater treatment costs based on the previous years experience. (d) Billing 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 pay- ment for sewer services shall not be accepted without payment also of sewer service surcharges. SECTION. lB. SAVINGS CLAUSE. A person discharging wastes into public sewers prior to the effective date of this ordinance may continue without penalty so long as he (1) Does not increase the quantity or decrease the quality of discharge without permission of the Approving Authority (2) Has discharged the waste at least six (6) months prior to the effective date of this ordinance: and , ... (3) Applies for and is granted a permit no later than ninety (90) days after the effective date of this. ordi- nance. ..~. ".TI . ."", .. . ,',,"C , ~ e '~I,~.~;.,..~;~M:t"":".' ~,;\ r. . -t.t. '.. .~,,~,.:.> i..;~'1.~,\-;:'.. ..,,:.... '~":, .:..:.....:j~~r;~;4~1 ~(~-;;,.. '.:'.~':.. ~.'!.:t. t:,~',~:. ..~~..' ~.:.~ "::".: ". .....:. f$i.l.r.'".....,..,\~II. .f',.... ..,;, '" ',:;,;>/'t,...,:'..'.~:'i;:....:..~:,.~,. .'.:~\:". .)~'.: ,.,.b...~~, :' ':~::'/, +~gc: 13 .' ". ......;.:. '- ORDINANCE 'NO,' I:J:J- i ( . :;.( ( I \, f., " '., 19 CONDITIONS OR PERMITS. SECTION . (a) .'~ ".;.'." .... . ..' The City may grant a perm~'t. to discharge to pe~~ons meeting all requirements of' the sa,~ing~. claus~, pro-" vided that the person (.1) ":f .' . . , , Submit an application witl1in~, 90, Q.ays. 'aft~~ the effective date\of' ,tl1is ordin_~,nge. on forms sup- plied by the:APP,~6'vi~~.. Auth9.~:J;~ty..; .,' . '. ... . '. : .~.' iJ '. :; '. Secure apP~9val''''py ,the:y..p.pprov~hgAutho~ity of :plans and sp'ecif:ic~tions, ,.folT .th'e /facili t.ies when required; an'd '. .: ',":: ~ .. . 'a, . ;, ..'1,'" P) (,~.> Has compJ;'~ed w~,th'. ali requf~~m~n,~~'.' for agreements or arrange~~~ts inc~u4.1n9" b~~ no.t.',l.imi tedto, pro- ,visions' fqr' " ' , ., " '.' : :~. "',' .' ~ . ",' '(A) (B) , '\.. . paYrnen.t ,Of' 'charge~)', . ,'. . .' . . installation and 'oper.a't.ion of' the facilities and of pretreatiri~rtt', facili ties, if required, and ' . " (C) sampling and. analysis to.determine quantity. and strength when di~ected by the City; and - . (4) Provides a sampling point, when' requested by the City, subject to'the provisions ,of' this ordinance and approval of the Appr.oving,~~~hority~ (b) A person applying for a n~w discharge' shall (1) Meet all conditions' of subsectlon (a) of this sec- tion; and (2) Secure a permit prior, to discharging any waste. SECTION 20. POWER TO ENTER PROPERTY. (a) The Superintendent and ,other duly authorized employees of the City bearing proper credentials and identifica- tion are entitled to enter any ,public or private property at any reasonable time for the purpose of enforcing this ordinance. ~ (b) Anyone acting under this- a~thority shall observe-the establishment's rules and regulations concerning safety, internal security, and fire protection. (c) Except when caused by negligence or failure of person(s) to maintain safe conditions, the City shall indemnify the person(s) against loss or.damag~ to their property by City employees and against liability claims and demands for personal injury or property damage asserted against the person(s) and growing out'of' the sampling operation. (d) The Superintendent and other duly authorized employees of the City bearing proper credentials and identification are entitled to enter all private properties through which the City holds a negotiated easement for the purposes of (1) Inspection, observation, measurement, sampling or repair; (2) Maintenance of any portion of the sewerage system lying within the easements; and ____.~~.:..::....~......'...<"':.'-'--.f'\, ~ e ORDINANCE NO. e z~..;2 ! ,Page 14 (e) Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement per- taining to the private property involved. No person acting under authority of this provision may inquire into any processes including metallurgical, chemical, oil refining, ceramic, paper or other indus- tries beyond that point having a direct bearing on the kind and source of discharge to the public sewers. (3) ( SECTION 21. AUTHORITY TO DISCONNECT SERVICE. (a) The City may terminate water and wastewater disposal service and disconnect a customer from the system when (1) Acids or chemicals which may damage the sewer line or treatment process are released to the sewer potentially causing accelerated deterioration of these structures or interfering with proper convei ance and treatment of wastewater; ( (2) A governmental agency informs the City that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it, is found that the customer is delivering wastewater to the City's system that ca, not be sufficiently treated or requires treatment that is not provided by the City as normal domestic treatment; or (3) The customer (A) Discharges waste or wastewater that is in viol tion of the permit issued by the Approving Authority; (B) Discharges wastewater at an uncontrolled, vari able rate in sufficient quantity to cause an imbalance in the wastewater treatment system: (C) Fails to pay monthly bills for water and sanit, sewer services when due; or ( (D) Repeats a discharge of prohibited wastes to public sewers in violation of Sections 2 throus 9 as stated above. (b) If service is discontinued pursuant to subsection (a) (2) of this section, the City shall (1) Disconnect the customer; (2) Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and (3) Continue disconnection until such time as the custorne provides pretreatment/additional pretreatment or othe facilities designed to remove the objectionable char- acteristics from his wastes. SECTION 22. NOTICE. The City shall serve persons discharging in violation of this ordinance with written notice stating the nature of the violation \, and providing a reasonable time limit for satisfactory compliance. ( ( ( . . e e ORDINANCE NO. , Page 15 /~., I SECTION 23. CONTINUING PROHIBITED DISCHARGES. No person may continue discharging in violatio~ of this ordinance beyond the time limit provided in the not~ce. SECTION 24. PENALTY. (a) A person who continues prohibited discharges is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than two hundred dollars ($200.00) for each act of violation and for each day of violation. (b) In addition to proceeding under authority of subsection (a) of this section, the City is entitled to pursue all other criminal and civil remedies to which it is entitle under authority of statutes or other ordinances against a person continuing prohibited discharges. SECTION 25. FAILURE TO PAY. In addition to sanctions provided for by this ordinance, the City is entitled to exercise sanctions provided for by the ,other ordinances of the City for failure to pay the bill for water and sanitary sewer service when due. SECTION 26. PENALTY FOR CRIMINAL MISCHIEF. The City may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities. SECTION,27. SEVERABILITY. , If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect oth~r provisions or applications, and to this end ,the provisions of ~$is ordinance are declared to be severable. SECTION 28. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval, recording, and publication as provided by law. /1.. tL day of 0'-"j- PASSED AND APPROVED THIS 1980. , A.D. CITY OF LA ~ -=- l:) y ------ ----- J." J. Mez~, ayor ATTEST: fi~p fA~ c~ Cl APPROVED: I ( ( '. .. e e ORDINANCE NO. 1357 AN ORDINANCE AMENDING ARTICLE 12 1/2 OF THE CODE OF ORDINANCE OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WAST ORDINANCE OF THE CITY OF LA PORTE; ADDING DEFINITIONS OF APPROVIl\ AUTHORITY, DRY INDUSTRY, AND SUPERINTENDENT; PROHIBITING TH DISCHARGE OF ANY INDUSTRIAL WASTE INTO ANY SANITARY ~EWER WITHI THE CITY OF LA PORTE WITHOUT FIRST OBTAINING PERMIT THEREFOR REQUIRING CONTROL MONITORING WELLS AND OTHER METERS, SAFET AND MONITORING DEVICES; ESTABLISHING SAMPLING AND TESTING PRO CEDURE; MONITORING THE INDUSTRIAL COST RECOVERY SURCHARG FORMULA; 'REQUIRING AN ANNUAL PERMIT AND DISCHARGE REPORT ESTABLISHING THE CONDITIONS FOR THE ISSUANCE OF PERMITS; AN: ESTABLISHING PERMIT FEES; PROVIDING THAT ANY PERSON VIOLATIN( THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWC HUNDRED DOLLARS ($200.00); CONTAINING SEVERABILITY AND REPEALINC CLAUSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AN[ PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 1, Section 2, Section 14, Section 15, Section,l?, Section 18, and Section 19, of Article 12 1/2 of the Code of' Ordinances of the City of La Porte, commonly called the Industrial Waste Ordinance of the Ci ty of La Porte are hereby amended, to hereafter read as follows, to-wit: "SECTION 1. DEFINITIONS. (1) "APPROVING AUTHORITY" means the Director of Public Works or his duly authorized representative. (8) "DRY INDUSTRY". An industry discharging only typical domestic waste into the City sewer system and having no process or manufacturing operation that discharges liquid industrial waste of any characteristic into the City sewer system. ' (20) "SHALL" is mandatory; "MAY" is permissive. (23) ItSUPERINTENDENTIt means the Director of Public Works of the City of La Porte, Texas, or his duly authorized deputy, agent or representative. SECTION 2. PROHIBITED DISCHARGES. (a) After April 1, 1983, no person, firm, or establishment shall deposit or discharge any industrial waste into any sanitary sewer within the City of La Porte without first obtaining a permit therefore. (b) No person may discharge to public sewers any waste which by itself or by interaction with other wastes may: ( ( .. e e Ordinance No. 1357 , Page 2. (1) Injure or interfere with wastewater treatment pro cesses or faci1ities1 (2) Constitute a hazard to humans or animals1 or (3) Create a hazard in receiving waters of the waste- water treatment plant effluent. (c) All discharges shall conform to the requirements of thi~ Ordinance specifically including, but not limited to any condi- tions imposed by any permit issued by the Approv ing Au thor i ty under the terms of this Ordinance. SECTION 14. REQUIREMENTS FOR BUILDING SEWERS, MONITORING DEVICES. (a) Any person, firm, or establishment responsible for dis- charges of industrial waste into any sewer within the City of La Porte shall, at its own expense and as required by the Approving Authority: (1) In every case install a control monitoring well readily and safely accessible to any authorized rep- resentatiave of the City of La Porte, which shall be required to conform to a typical drawing of same, as selected by the Director of Public \'1orks, or his duly authorized representative, out of a series of said typical drawings which shall appear on file in the office of the City Secretary of the City of I La porte: (2) Install meters or other monitoring devices, to facili- tate observation, sampling, and measurement of the waste (at the discretion of the Oirector of Public Works, or his duly authorized representative). Said , meters and monitoring devices shall not be required in the case of an industry determined to be a dry indus- try, as that term is defined in this Ordinance; (3) Install safety equipment and facilities (ven~ilation, steps . . . ) where needed; and (4) Maintain the control monitoring well, meters, monitor- ing devices, equipment or facilities, as needed. (b) When required as provided in Section (a) above by the Director of Public Works, the proper installation and satisfac- tory performance of said control monitoring wells, meters, monitoring devices, and safety equipment and facilities shall - I ') \ ( c .. e e Ordinance No. 1357 , Page 3. be a prerequisite to the issuance or renewal of, the permi required in Sections 18 and 19, infra. SECTION 15. SAMPLING AND TESTING. (a) Determination of the average concentration or strengti of the waste discharged shall be the obI ig at ion of the C it; of La Porte, and tests made on representative average samples collected by the City shall be made at such intervals, as the Ci ty shall des ignate, so long as samples are taken not less than annually. In the event any test made pursuant to this section yields results showing that the characteristics of the tested sample is not in conformity with the requirements of Sections 2-9 (inclusive) of this Ordinance, the cost of said test shall be borne by the discharger. (b) Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage \-lorks in determining the existence of hazards to health, life, limb, and property. (NOTE: The particular analysis involved will determine whether a twenty-four (24) hour composite sample from all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls. Where applicable, l6-hour, 8-hour, or some other period may be required. Periodic grab samples are used to determine pH and oil and grease.) (c) Examination and analyses of the characteristics of waters and wastes required by the Ordinance shall be (1) Conducted in accordance with the latest edition of "Standard Methods"; and ,/ ) ( ( .. e e , Page 5. Ordinance No. 1357 (b) The wastes will not impair the treatment process (c) The discharger of the waste~ enters into a c?n tractual agreement with the Clty of La Porte prov~d' ing for a surcharge over and above the existln( sewer rates, said contractual agreement to be incor- porated fully by reference into the terms of the annua: permit contemplated in Sections 18 and 19, infra. The surcharge on industrial wastes is to be compute~ on the following basis: ISS = ( BOD 250 + SS) X (0 & M Cost) X (Vol): where 300 (l)ISS represents Industrial Waste Surcharge in Dollars: (2)BOD represents the Biochemical Oxygen Demand (mg/l) of the Industrial Waste as determined under standard laboratory conditions for a period of 5 days at 200 C. Note: for concentrations less than or equal to 250 mg/l the value of BOD shall be considered 0: (3)SS represents Waste (mg/l). than or equal be considered Suspended Solids of the Industrial Note: For concentrations less to~ mg/l the value of S5 shall zero: (4)0 & M Cost represents Operations and Maintenance Cost of La Porte's Wastewater Treatment Facil- i ty (s). Note: The operations and maintenance cost as determined by the City of La Porte shall be periodically updated and defined by companion ordinances which concurrently establish water and sewer rates: (5)Vol represents Volume Discharged in Thousand Gallons. The volume of wastes may be determined by the same methods used to calculate the regular sewer service charge. For establishments discharging less than 20,000 gallons per day, the BOD and suspended solids values may be determined from standard values for vari- ous industries established by the Approving Authority, and may also be incorporated as a condition into the terms of the annual permi t contemplated in Sections .18 and 19, infra. The Approving Authority in said case may elect to follow the provisions of Section 14, supra. Provided, that in all cases in which the :discharge from any establishment exceeds 20,000 gal- lons per day, the provisions of Sections 14 and 15, supra, shall be followed. Whenever samples of the discharges of any establ ishment are collected, pur- suant to the terms of said Sections 14 and 15, supra, the BOD and suspended solids values shall be determined by the Approving Authority, and a report of said samples shall be made. All sampling and testing contemplated herein shall be pursuant to the provisions of Sect ion 15, supra, and a find ing shall be made establ ishing whe ther such samples are in compl lance : .. ,,- > ( ( .. e e Ordinance No. 1357 , Page 6. with the allowances established in the annual permi required by Sections 18 and 19, infra, for sai, discharger. ,All flow rates and BOD and suspende! solid values used in determination of the surcharg, contemplated herein shall be reevaluated at leas' dn an annual basis. Any major changes in the operatio: that cause changes in the values allowed shall bl treated under Sections 18 and 19, infra. (d) The basis for determining the surcharge contemplatec 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 Treat- ment Facilities, as established abo~c. Bil:linl Practice - Industrial waste surcharges pro- vided or in this ord inance 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. SECTION 18. ANNUAL PERMIT, DISCHARGE REPORT REQUIRED. (a) All producers of industrial waste of any quantity, strength, or quality, and all producers who hereafter desire to connect and discharge into the City of La Porte sanitary sewer system shall make application to the Director of Public Works by January 1 of each calendar year on forms supplied by the City for an annual permi t authoriz ing such connection, said permi t to be renewed upon an annual basis. (b) Any producer discharging or proposing to discharge waste water into the City of La Porte sanitary sewer system in any quantity must include in its annual permit application a dis- charge report, said discharge report' to be filed with the Director of Public Works on forms supplied by the City of La Porte, which must include, but not be limited to: (1) Nature of process, volume, rates of flow, production quantities, or any other information that is relevant to the generation of waste, including but not limited to substances and concentrations in the waste \...ater. discharge; ~. ... . r ., ( ( '. , e e Ordinance No. 1357 , Page 7. ( 2 ) A plat showing location and size.o.f ,on-site sew:rs, sampl ing points, pretreatment faCl ~ 1 tles (as .requ lrec in the discretion of the Approvlng Authorlty, see section 11, supra), City sewers, and other pertinent details; Description of activities, facilities, and plant processes on the premises including all materials, processes, and types of materials which are or could be discharged; (4) Each product handled by type, amount, and rate of production; ( 3 ) (5) The chemical components and quantity of liquid or gaseous materials stored on-site, even though they may not normally be discharged into the sewer system. (c) In any application for renewal of an industrial waste water discharge permit, the annual report shall state that the applicant has not made any change in its operations that has or will within the term of the permit increase the. strength, volume, or any other characteristic of the applicant's discharge into the City sanitary sewer system. If the applicant has made changes in its operations that have or will increase during the term of the permit the strength, volume, or any other char- acteristic of the applicant's discharge into the sanitary sewer system, then the applicant shall, upon a form to be provided by the City, describe the changes in operations that alter the strength, volume, or other characteristic of the discharge. (d) It shall be unlawful for any permit holder to change its industrial process wi thout prior approval of the Director of Public Works if such change results in the user exceeding the levels for flow and discharge quall ty stated in the current waste water discharge permit. (e) Dry Industry Classification Permits - If upon review by the Director of Public Works, or his duly authorized agent, of the initial annual report, an applicant is determined to be a dry industry as that term 'is defined by this Ordinance, a Dry ,- ,. " ( ( .. e e '. Ordinance No. 1357 , page 8. Industry Classification permit shall be issued pursuant to the provisions of Section 19 below. Said permit shall be renewable every three (3) years upon a showing by the applicant that no changes in the applicant's operations have taken place, or will take place during the term of the renewed permit. SECTION 19. ISSUANCE OF PERMITS, PERMIT FEES. (a) Conditions for permits - new establishments - Permits for new establishments constructed after the effective date of this Ordinance will be issued only after the following cond i tions are met: (l) A formal application is submi tted on the form con- templated in Section 18, supra; (2) Approval is secured from the Approving ,Authority of plans and specifications for the facilities; (3) The applicant has complied with all requirements for agreements and arrangements including but not limited to, provisions for: (a) Payment of applicable charges; (b) Installation and operation of the facilities and of pretreatment facilities, if required; (c) Sampling and analysis to determine quanity and strength where directed by the Director of Public Works or his authorized representative; (4) Provides a sampling point, subject to the provisions of Section 14, supra; and (5) Meets all other applicable conditions of this Ordi- nance and of the Approving Authority. (b) Conditions for permits - existing establishments - Permits for establishments existing on the effective date of this Ordi- nance will be issued only after the fOllowing conditions are me t: (l) Formal application is submitted on the form contem- plated in Section 18, supra, within 120 days of the effective date of this Ordinance; and ( 2) All cond it ions se t forth in subsection (a) of th i 5 section are met. '" . . . - .- " , ( c .. e e Ordinance No. 11~7 , Page 9. As provided in Section 2 of this Ordinance, supra, no existins establishment may discharge any industrial waste into any sani- tary sewer within the City of La Porte without first obtaining a permit therefor. (c) An applicant for an industrial wastewater discha~ge permit, or a dry industry classification permit, or any renewal thereof, shall pay a fee of Twenty-five Dollars ($25.00) for each appli- cation for said permi ts or renewals thereof. The application will not be accepted unless the fee is paid." Section 2. I f any sect ion, sentence, phrase, clause, or any part of any section, sentence, phrase, or claus~, of this ordinance shall, for any reason, be held invalid, such ~nvalidity 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 sect ion, sem tence, phrase or clause, or part thereof, irrespective of the fact that any othe~ section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 3. 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 Ci ty of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. Section 4. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Counci 1 was pos ted a t a place conven ien t to the pub 1 i c at the City Hall of the City for the time required by law .' -~ , - " ,( ( ( ." e , 'to Ordinance No. 1357 , Page 10. preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated i 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 thereof. PASSED AND APPROVED this the .!~ day of ~~L 1982. CITY OF LA PORTE' By ATTEST: ~7iI~ t/2~A.( 1 s?lreta ry APPROVED: ~q/~ City Attorney e e INTER-OFFICE MEMO ********************************************************************** DATE: APRIL 5, 1989 TO: STAN SHERWOOD, DIRECTOR, PARKS & RECREATION FROM: TIM O'CONNOR, SUPERINTENDENT OF RECREATION SUBJECT: BACKUP INFORMATION PER ADMISSION FEES TO AREA WATERPARKS FOR FEE ORDINANCE PROPOSAL. ********************************************************************** SPLASHTOWN USA: ADULTS - $10.95 CHILDREN - $ 8.95 CHILDREN 3 & UNDER - FREE FAME CITY WATERWORKS: ADULTS - $12.95 CHILDREN - $12.95 CHILDREN 3 & UNDER - FREE WATERWORLD: ADULTS - $11.95 CHILDREN - $ 9.95 CHILDREN 3 & UNDER - FREE (ALL THESE PRIVATE SECTOR PARKS OPERATE JUNE THRU AUGUST, MONDAY THRU SUNDAY FROM 10:00 A.M. TILL 10:00 P.M.) GARLAND, TEXAS MUNICIPAL SURF AND SWIM: ADULTS - $ 3.75 (18 & OLDER) CHILDREN - $ 2.25 (AGES 5-17) SENIOR CITIZENS - $ 2.25 (65 & OLDER) CHILDREN 4 & UNDER - FREE (PARK OPERATES JUNE THRU AUGUST, MONDAY THRU SUNDAY FROM 11:00 A.M. TILL 7:00 P.M.) e e ORDINANCE NO. AN ORDINANCE ESTABLISHING THE SWIMMING POOLS AND THE HOURS OF POOLS. RATES FOR THE USE OF THE MUNICIPAL OPERATION FOR THE MUNICIPAL SWIMMING Section I. Admission to obtained by either purchase of a admission fee. the Municipal Swimming Pools may be season pass or by paying a general A. Season passes for San Jacinto & Northwest Municipal Pools may be purchased at the Parks and Recreation offices or at the municipal swimming pools. A member of the family must apply in person for the pass/passes. Season Passes and photo I.D. cards for Little Cedar Bayou Park must be purchased on-site. IDENTIFICATION CARD: In order to qualify for resident rates, both seasonal passes and walk-in, residents must purchase an Aquatics photo I.D. card for themselves and any members of their immediate families. *Cost per card: $2.00. Anyone entering the Little Cedar Bayou Facility without an Aquatics photo I.D. card must pay the non-resident rate. *AII memberships include I.D. card charge. cards at no extra PROOF OF RESIDENCY: To purchase this photo I.D. card, residents must present current water and sewer bill, rental receipt or tax statement with valid Texas Drivers License. (Drivers License not acceptable proof by itself.) Fees established for season passes are as follows: NON RESIDENTS RESIDENTS 1 . *LITTLE CEDAR BAYOU WAVE POOL: INDIVIDUAL SEASON PASS *FAMILY SEASON PASS $ 45.00 $120.00 $ 67.50 $180.00 2 . SAN JACINTO & NORTHWEST MUNICIPAL POOLS: INDIVIDUAL SEASON PASS $ 20.00 *FAMILY SEASON PASS $ 45.00 NIA NIA 3 . TOTAL AQUATIC PACKAGE AQUATIC FACILITIES. ADMISSIONS TO ALL MUNICIPAL INDIVIDUAL SEASON PASS *FAMILY SEASON PASS MUNICIPAL EMPLOYEES & FAMILIES: INDIVIDUAL SEASON PASS FAMILY SEASON PASS RESIDENTS $ 55.00 $145.00 NON RESIDENTS $ 82.50 $217.50 $ 35.00 $100.00 N/A NIA *TWO ADULTS AND CHILDREN UNDER 18 LIVING AT HOME. e e ORDINANCE NO. , PAGE 2 B. Daily Admission Rates: NON RESIDENTS RESIDENTS 1. *LITTLE CEDAR BAYOU WAVE POOL: CHILD (15 & UNDER) ADULTS (16 & UP) SENIOR CITIZEN (60 & UP) 4 YEARS AND UNDER $ 2.00 $ 3.00 $ 2.00 -FREE- $3.00 $4.50 $3.00 SUN SAVER DISCOUNT (WEEKENDS AND HOLIDAYS EXCLUDED) AFTER 4:00 P.M. 1/2 PRICE 2. SAN JACINTO & NORTHWEST MUNICIPAL CHILD (15 & UNDER) ADULTS (16 & UP) SENIOR CITIZEN (60 & UP) 4 YEARS AND UNDER POOLS: $ .75 $ 1. 00 $ .75 -FREE- *EMPLOYEE/SPOUSE AND CHILDREN UNDER 18 LIVING AT HOME. C. Facility Rentals: Little Cedar Bayou Park Wave Pool may be reserved for parties after 8:00 p.m. until midnight Tuesday thru Thursday. Minimum charge is $250.00 plus staff salaries. Up to 200 persons with an additional charge of $1.00 per person over 200 persons. Section II. Hours of Operation for Municipal Swimming Pools. Municipal Pools will open for the Memorial Day Weekend (Saturday thru Monday) then close until the first day preceding the La Porte I.S.D. summer dismissal. Pools will be open for the July 4th holiday. Northwest and San Jacinto Pools will close for the season the last Sunday prior to La Porte I.S.D. classes resuming. Wave pool will be open Labor Day weekend. A. Little Cedar Bayou Wave Pool: Monday thru Friday 11:00 a. m. - 8:00 p. m. Saturday 11:00 a.m. - 8:00 p. m. Sunday 12:00 noon - 8:00 p.m. B. San Jacinto and Northwest Municipal Pools: Monday thru Friday 1:00 p.m. - 5:00 p. m. & 6:00 p. m. - 9:00 p. m. Saturday 12:00 p.m. - 5:00 p.m. & 6:00 p. m. - 9:00 p.m. Sunday 1:00 p. m. - 5:00 p. m. -, e e INTER-OFFICE MEMO ********************************************************************** DATE: MARCH 28, 1989 TO: STAN SHERWOOD, DIRECTOR, PARKS & RECREATION FROM: TIM O'CONNOR, SUPERINTENDENT OF RECREATION SUBJECT: BACKUP INFORMATION PER FIELD RENTAL FEES FOR LITTLE CEDAR BAYOU ADULT SOFTBALL COMPLEX. ********************************************************************** CITY OF DEER PARK 1) TOURNAMENTS = $100.00 PER FIELD 2) PRACTICE - $5.00 PER HOUR, NO BASES, MUST BE A DEER PARK CITIZEN OR BE REGISTERED IN THE DEER PARK SOFTBALL LEAGUE. CITY OF BAYTOWN 1) TOURNAMENTS: A. 8:00 A.M. - 6:00 P.M. = $15.00 PER FIELD B. 8:00 A.M. - MIDNIGHT = $45.00 PER FIELD C. 6:00 P.M. - MIDNIGHT = $40.00 PER FIELD 2) PRACTICE - 1 1/2 HOURS MAXIMUM = $8.00 PER HOUR WITH LIGHTS- NO CHARGE - NO LIGHTS. 3) KEY DEPOSIT = $10.00 (LIGHT KEY) 4) CLEAN-UP = $25.00 PER FIELD DEPOSIT CITY OF DENISON 1 ) TOURNAMENTS: A. $10.00 PER TEAM TO A MAXIMUM OF 15 TEAMS OR $150.00. B. $50.00 DEPOSIT $25.00 FOR CLEAN-UP AND NON- REFUNDABLE $25.00 FOR THE TOURNAMENT IF IT DOES NOT MAKE. CITY OF SAN ANTONIO 1 ) TOURNAMENTS: $30.00 PER DAY, PER FIELD PLUS $4.00 PER HOUR FOR GROUNDSKEEPER. 2) PRACTICE - $2.00 PER HOUR BEFORE 5:00 P.M., $4.00 PER HOUR AFTER 5:00 P.M. . e e ~ ORDINANCE NO. AN ORDINANCE ESTABLISHING THE RATES FOR THE RENTAL OF THE MUNICIPAL ADULT SOFTBALL FIELDS AT THE LITTLE CEDAR BAYOU PARK COMPLEX. Section I. Any person or persons participating in City of La Porte adult softball leagues, Civic Organizations, Church groups, Business or Industrial groups may reserve any or all of our three (3) adult softball fields for tournament play on a first come first serve basis by paying all necessary fees and deposits. No individual or organization may reserve the field for Tournament play more than one (1) weekend per month. Payment must be made in person at the Parks and Recreation Offices. Fees and Deposits established for field tournament rentals are as follows: 1 ) FIELD RENTAL: $50.00 PER FIELD PER DAY (8:00 AM - 12 MIDNIGHT) $10.00 PER FIELD PER HOUR (ONLY CHARGED WHEN LIGHTS ARE REQUIRED) $100.00 (REFUNDABLE DEPOSIT! ALL TRASH MUST BE PROPERLY DISPOSED OF OR DEPOSIT WILL BE FORFEITED.) $5.00 PER HOUR (MINIMUM SCHEDULE OF 5 HOURS PER DAY! ) 2) UTILITY CHARGE: 3) CLEAN-UP DEPOSIT: 4) GROUNDSKEEPER: Section II. Any person or persons participating in City of La Porte adult softball leagues may reserve a field for the purpose of team practice or scrimmage games. Field or fields may be reserved for a minimum of 1 hour with a maximum of 2 hours per team. All reservations must be made in person, no phone reservations taken, and fees must be paid in advance at the Parks and Recreation Offices. Fees and Deposits established for practice reservations at Little Cedar Bayou and Northwest Adult Softball Fields. *$5.00 PER DAY (TWO HOUR MAXIMUM) $10.00 PER HOUR (ONLY CHARGED WHEN LIGHTS ARE REQUIRED) *COST OF GROUNDSKEEPER TO OPEN FACILITIES AND SECURE FACILITIES UPON CLOSING OF PRACTICE SESSION. 1 ) 2) FIELD RENTAL: UTILITY CHARGE: