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HomeMy WebLinkAboutO-1972-912 -e. -. .' e. . . -.:, y' ORDINANCE NO. 912 INDUSTRIAL WASTE ORDINANCE AN ORDINANCE FIXING THE RATES TO BE CHARGED BY THE CITY OF LA PORTE, TEXAS, TO PERSONS, FIRMS, AND CORPORATIONS USING ITS SANITARY SEWER LINES AND SYSTEM OR PARTS THEREOF, INCLUDING THE SEWAGE DISPOSAL PLANTS AND OTHER EQUIPMENT AND PROPERTY USED IN THE TREATMENT OF SEWAGE; PROHIBITING AND REGULATING THE DIS- CHARGE OF CERTAIN WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; DEFINING CERTAIN TERMS; ESTABLISHING A BILLING PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: WHEREAS, the City of La Porte, Texas, has built and has in operation a sanitary sewage system, sanitary sewer lines and a sewage disposal plant for the purpose of collecti~g sanitary sewage and conveyi~g same away from the premises to a place of disposal, and in connection with such system, it is maintaining and operating lines, plant, intercepting sewers, pumping stations and disposal works for the receiving, transportation and treatment of such sew~ge; and WHEREAS, the City Commission of the City of La Porte in the exercise of the discretion reposed in it by law, in order to promote the public welfare, health, safety, peace, and convenience, determined that it is necessary"in order to pay the costs and the expense of the maintenance, operation, and repair of such sewer systems and to provide for the payment of principal and of interest of said bonds, to levy and collect a charge, or rental, for the use of such lines, systems and plant by those persons, firms, or corporations discharging water and waste into the sanitary sewers of the City of La Porte, SECTION ONE. DEFINITION OF TERMS The meaning of terms used in this Ordinance shall be as follows: (a). "City" shall mean the City of La Porte, Texas, or any authorized person acting in its behalf. (b). "Person" shall mean any and all persons, natural or artificial, includi~g any individual, firm, company, industry, municipal or private corporation, association, governmental agency or other entente and agents, servants or employees. . '. e, -. Ordinance No. '. , Page 2 . (c). "Business and Commercial Concerns" A business and commercial concern is any privately or publicly owned business operated for the purpose of private, gain or the public welfare. (d). "Sewage" shall mean a combination of the water- carried waste from business buildi~g, institution and industrial establishments, t~gether with such ground surface and storm water as may be present. (e). "Domestic Sewage" shall mean water-borne wastes normally dischargi~g into the sanitary conveniences of office buildi~gs, factories and institutions, free of storm surface water and industrial wastes. (f). "Normal" domestic sew~ge shall mean normal sew~ge for the City of La Porte in which the average concentration of suspended materials and S-day B.O.D. is established at 300 parts per million each, by we~ght, on the basis of the normal daily contribution of seventeen hundredths (0.17) pounds per capita per 100, gallons. (g). "Sewer" shall mean a pipe or conduit for carryi~g sanitary sew~ge. (h) . "Public Sewer" shall mean a sewer in which all owners of abutti~g properties shall have equal r~ghts and interest controlled by public authority. (i) . ','Sanitary Sewer" shall mean a sewer that conveys sewage or industrial wastes or a combination of both, and into which storm, surface and, ground waters or unpolluted industrial wastes are not intentionally passed. (j). "Storm Sewer or Storm Drain" shall mean a sewer which carries storm and surface waters and drain~ge but excludes sew~ge and polluted industrial wastes. (k). "Sewage Works" shall mean all facilities for collecti~g, pumpi~g, treati~g and disposi~g of sew~ge and indus- trial wastes and would include sew~ge, as well as the sew~ge treatment facilities. (1). "Sewerage" shall mean the system of sewers and appurtenances for the collection transportation and pumping of sew~ge and industrial wastes. . .- .- . . . Ordinance No. 912 , P~ge 3 (m) . '-'Sewage Treatment Plant" shall mean any City owned facility, devices, and structures used for receiving and treati~g sew~ge from the City sanitary sewer system. (n). "pH" shall mean the l~gari thm (base 10) of the reciprocal of the hydr~gen ion concentration expressed in mols per liter. It shall be determined by one of the procedures outlined in "Standard Methods". (0). "B.O.D. " shall me:an the quantity of oxygen expressed in parts per million by we~ght, utilized in the bio- chemical oxidation of o!ganic matter under standard laboratory conditions for five days at a temperature of 20 d~grees Centi- grade. The laboratory determinations shall be made in accor- dance witl1 procedures set forth in "Standard Methods". (p) . "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sew~ge, or other liquids, and which are removable by a labora- tory filtration device. Quantitative determination of suspended solids shall be made in accordance with procedures set forth in "Standard Methods." (q) . "Unpolluted Water or Waste" shall mean water or waste containi~g none of the followi~g: free of emulsified grease or oil; acids or alkalis, phenols, or other substances imparti~g taste and odor in receivi~g water, toxic or poisonous substances in suspension; colliodal state or solution and noxious or otherwise obnoxious odorous, gases. It shall contain not more than ten parts per million each of suspended solids and B.O.D. The color shall not exceed fifty parts per million. (r). "S"t'a'nda'r"d' Methods" shall mean the examination and analytical procedures set forth in the latest Edition at the time of analysis of "Standard Methods for the Examination of Water and Sew~ge" as prepared, app'roved and published jointly by the American Public Health Association, the American Water Works Association and the Federation of Sew~ge and Industrial Wastes Associations. (5). "Building Drain" shall mean that part of the lowest horizontal pipi~g of a drain~ge system which receives the discha!ge "'.' " .' .' . . . Ordinance No. 912 , P~ge 4 from soil, waste, and other drain~ge pipes inside the walls of the buildi~g and conveys to the building sewer, b~ginni~g three feet outside the inner face of the buildi~g wall. (t) . "Building Sewer" shall mean the extension from the building drain to the sewer or other place of disposal. (u). "Natural Outlet" shall mean any outlet into a water-course, pond, ditch, lake or other body of water, either surface or, ground water. (v). "Water-course" shall mean a channel in which a flow of water occurs, either continuously or intermittently. (w). "Parts per Million" shall mean a we~ght to we~ght ratio; the parts-per-million value multiplied by the factor 8.345 shall be equivalent to pofinds per million, gallons of water. (x). "Sewage Service Charge" shall mean the charge made on all users of the public sewer system whose wastes do not exceed in stre~gth the concentration values established as repre- sentative of normal sew~ge. (y) . "Surcharge" shall mean the charge in addition to the sew~ge service which is made on those persons whose wastes are, greater in stre~gth than the concentration values established as representative of normal sew~ge. (z). "Storm Water Runoff" shall mean that portion of the rain-fall that is drained into the sewers. (aa). "Industrial Waste" shall mean water-borne solids, liquids or, gaseous wastes resulti~g from and discha!ged, per- mitted to flow or escapi~g from any commercial, industrial manu- facturing or food processi~g operation or process or from the development of any natural resource, or any mixture of these with water or domestic sew~ge as distinct from normal domestic sewage. SECTION TWO. From and after the effective date of this Ordinance, the monthly rates for industrial sewer service prov~ded by the City of La Porte, Texas, shall be and are hereby fixed as follows: . . . '.' ". . e . Ordinance No. 912 , P!ige 5 Industrial (1) . Ins ide City Limits of La Porte For the first 3,000 gallons or part thereof $1.00 per 1,000 gallons For next 7,000 " 0.55 " " . " For next 10,000 " 0.50 " " " For next 30,000 " 0.45 " " " For next 50,000 " 0.35 " " " For next 100,000 " 0.30 " " " For next 800,000 " 0.25 " " " For next 2,000,000 " 0.15 " " " All over 3,000,000 " 0.10 " " " The minimum monthly. charge shall be three dollars ($3.00), for which:"';2.~OOO gallons of sewage may be used. ,:t (2). Outside the City Limits the rate shall be two (2) times that inside the City Limits. SECTION THREE. Industrial sewer~ge waste being more costly and more difficult to handle by the sew~ge system of the City of La Porte, due to the injurious material and Biochemical Oxygen Demand con- tained in said sew~ge, therefore, in order that industrial sew~ge may 'pay its fair, reasonable and just cost for the use or rental of the sewer system furnished by the City's municipal sewer system in line with the rental cha!ges of the other users, all persons, firms or corporations usi~g the sewer system or the sewer lines in the City of La Porte and either directly or in- directly discha!gi~g Industrial sew~ge Waste which exhibit none of the characteristics of wastes prohibited in Section Four other than excessive B.O.D., or suspended solids, but having a concentration duri~g a twenty-four (24) hour period average of suspended solids or B.O.D. content in excess of "normal" sew~ge as defined in Section One as "normal" domestic sewage shall be required to pretreat the industrial wastes to meet the require- ments of "normal" sewage; however, such wastes may be accepted for treatment if the following requirements are met: (1). The wastes will not cause damage to the collection system. (2). The wastes will not impair the treatment process. (3). The person, firm, or corporation shall pay a surcha!ge computed on the following formula: S.C. = V [$0.20 (B.O.D.l - 300) + $0.40 (551 - 300Y . . . .- . . Ordinance No. 912 , P ~ge 6 S. C. = Surcharge V = Volume in million gallons based on metered water. B.O.D'l = 5 day, 20 d~gree cent~grade biochemical oxygen demand (B.O.D'l) of industrial waste in ppm. SSl = Suspended solids of industrial waste in ppm. SECTION FOUR: PRE-TREATMENT (a). Where required, in the opinion of the Approvi~g Authority, to modify or eliminate wastes that are harmful to the structures, processes or operation of the sew~ge disposal works, the person shall provide, at his expense, such preliminary treat- ment or processing facilities as may be determined necessary to render his wastes acceptable for admission to the public sewers. Dilution shall not be an acceptable form of treatment. (b) . Grease, Oil and Sand Interceptors ,- Grease, oil and sand interceptors shall be provided for the proper handli~g of liquid wastes containi~g grease in excessive amount or any flamable wastes, sand and other harmful i~gredients, except that such interceptors shall not be required for private living quarters or dwelli~gs. 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 in- spection. Grease and oil interceptors shall be constructed of impervious materials capable of withstandi~g abrupt and extreme ch~~ges in temperature. They shall be of substantial construc- I tion, water-tight and e~pped with easily removable covers which, when bolted in place, shall be, gast~ght and watert~ght. Where installed all, grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously effi- cient operation at all times. (c). Submission of Information. - Plans, specifica- tions and other pertinent information relating to proposed pre- liminary treatment or processi~g facilities shall be submitted for approval of the Approvi~g Authority prior to the start of their construction, if the effluent from such facilities is to be discharged into the public sewers. '. .' '. ' ' ',. . . Ordinance No. 912 , P~ge 7 SECTION FIVE. PROHIBITIVE DISCHARGES (a). No person shall discharge or cause to be dis- cha!ged any storm water" ground water, roof run-off, sub-surface drainage, down spouts, yard drains, yard fountain and ponds or lawn sprays into any sanitary sewer. Storm water and all other unpolluted drain~ge shall be discha!ged to such sewers as are specifically des~gnated as storm sewers or to a natural outlet approved by the Approvi~g Authority. Unpolluted processed water may be discha!ged upon prior written approval of the Approvi~g Authority to a storm sewer or natural outlet or into the sanitary sewer system by an indirect connection whereby such discha!ge is cooled, if required, and fluws into the sanitary sewer at a rate not in excess of three, gallons per minute, provided the waste does not contain materials or substances in suspension or solution in violation of the limits prescribed by this Article. In cases where, and in the opinion of the Approving Authority, the character of the sew~ge from any manufacturer or industrial plant buildi~g or other premises is such that it will dam~ge the system or cannot be treated satisfactorily in the sys- tem, the Approvi~g Authority shall have the r~ght to require such user to dispose of such waste otherwise and prevent it from enter- i~g the system. (b). No person shall discha!ge or cause to be discha!ged either directly or indirectly any of the followi~g described sub- stances, materials, waters or waste: (1). Any liquid havi~g a temperature higher than 150 d~grees Fahrenheit (65 d~grees Cent~grade). ~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 d~grees to 150 degrees Fahrenheit. (3). Any solids, liquids or gases which by them- selves 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 sew~ge-disposal works. . . . . . . Ordinance No. 912 , P~ge 8 (4). Any solids, slurries or viscous substances of such character as to be capable of causing obstruc- tion to the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavi~gs, metal, glass, r~gs, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshli~gs, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bul~~solids. (5). Any noxious or malodorous substance, which either si~gly or by interaction with other substances is capable of causi~g objectionable odors, or hazard to life; or forms solids in concentrations exceeding limits established in Section 2 or creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, alteration, or expense to handle such materials. (6). Any waters or wastes having a pH lower than 5.5 or h~gher than 10.5 or havi~g any corrosive property capable of causi~g dam~ge or hazards to structures, equipment, or personnel of the sew~ge disposal works. (7). Any wastes or waters containi~g suspended or dissolved solids of such character and quantity that unusual attention or expense is required to handle such materials at the sew~ge treatment or in the public sewage works. (8). Any waters or wastes containi~g a toxic or poisonous substance such as p1ati~g or heat treating wastes in sufficient quantity to injure or interfere with any sew~ge treatment process, to constitute a hazard to humans or animals, or to create any hazard in the receivi~g waters of the sew~ge treatment plant. (9). Any heavy metals, paying particular atten- tion to the fo1lowi~g: . . . . e . Ordinance No. 912 , P~ge 9 Antimony Arsenic Barium Beryllium Bismuth Boron Cadmium Chromium (Hexa) Chromium (Tri) Cob al t Copper Iron Lead Manganese Mercury Molybdenum Nickel Rhenium Selenium Silver Strontium Tellurium Tin Uranylion (10). Any cyanide greater than 1.0 part per million, as CN. (11). Any phenols, greater than 0.005 parts per million. (12). Any radioactive wastes greater than allowable released as specified by current United States Bureau of Stan- dards Handbooks deali~g with the handling of radioactivity. (a). Except in quantities, or concentrations, or with previsions as stipulated herein, it shall be un- lawful for any person, corporation or individual, to discharge waters or wastes to the sanitary sewer con- taini~g: (1) Free or emulsified oil and, grease exceedi~~ on analysis an aver~ge of 100 parts per million (833 pounds per million gallons) of either or both or com- binations of free or emulsified oil and grease, if, in the opinion of the Approving Authority it appears probable that such wastes: (a) Can deposit grease or oil in the sewer lines in such manner to cl~g the sewers. (b) Can overload skimming and, grease handli~g equipment. (c) Are not amenable to bacterial action and will therefore pass to the receiving waters without being affected by normal sewage treatment process, or, (d) Can have deleterious effects on the treat- ment process due to the excessive quantities. . . . ~ ,..,.. . . Ordinance No. 912 , P~ge 10 (2) Any radioactive wastes greater than the ~l~- allowable releases as specified by current United States Bureau of Standards handbooks deali~g with the handling and release of radioactivity. (3) Cyanides or cyan~gen compounds capable of liber- ati~g hydrocyanic gas on acidification in excess of one- half (0.5) part per million by we~ght as CN in the wastes from any outlet into the public sewers. (4) Materials which exert or cause: (a) Unusual concentrations of solids or composi- tion; as for example, in total suspended solids of inert nature, (such as Fuller's Earth) and/or in total dissolved solids (such as sodium chloride, or sodium sulfate, (b) Excessive discoloration, (c) Unusual biochemical oxygen demand or an immediate oxygen demand. (d) H~gh hydr~gen sulfide content, or (e) Unusual flow and concentration shall be pre- treated to a concentration acceptable to the City, if such wastes can (a) cause dam~ge to collection facilities, (b) impair the processes, (c) incur treatment cost exceedi~g those of normal sew~ge, or (d) render the water unfit for stream disposal or industrial use. Where discha!ge of such wastes to the sanitary sewer are not properly pretreated or otherwise corrected the Approvi~g Authority may (a) reject the wastes or terminate the service of water and/or sanitary sewer, (b) require control of the quantities and rates of discha!ge of such wastes, or (c) require payment of surcharges for excessive cost for treatment provided such wastes are amenable to treatment by normal sew~ge plant facilities oper- ated by the City. . . -., ~ .....,.. e . Ordinance No. 912 , P~ge 11 SECTION SIX. CONTROL OF ADMISSIBLE WASTES (a). Permit within 120 days after passage of this Ordinance, any person desiring to deposit or discha!ge any indus- trial waste mixture into the sewers or sewer works of the City, or any sewer connected therewith, or who is now so doing, shall make application to the Approvi~g Authority for a permit therefor upon application forms to be obtained from him. (b). Control Chambers - Within six months from the date of pass~ge of this Ordinance any person discha!gi~g or desir- i~g to discha!ge an industrial waste mixture into the sewers or sewer works of the City, or any sewer connected therewith, shall provide and maintain in a suitable accessible position on his premises, or such premises occupied by him, an inspection chamber or manhole near the outlet of each sewer, drain, pipe, channel, or connection which communicates with any sewer or sewer works of the City or any sewer connected therewith. Each such manhole or inspec- tion chamber shall be of such des~gn and construction which will prevent infiltration by, ground and surface waters or introduction of sl~gs of solids by installation of screens with maximum openi~gs of one inch but of such sufficient fineness to prevent the entrance of objectionable sl~gs of solids to the sanitary sew~ge system and shall be so maintained by persons discha!gi~g wastes so that any authorized representative or employee of the City may readily and safely measure the volume and obtain samples of the flow at all times. Plans for the construction of control manholes or inspec- tion chambers, includi~g such flow measuri~g devices as mayor may not be required, shall be approved by the Approvi~g Authority prior to the b~ginni~g of construction. (c). Measurement of Flow - The water consumption duri~g the previous month, as determined from the meter records of the 'Water Department, shall be the valid basis for computi~g the cha!ge for sew~ge flow, unless actual sew~ge flow is measured by a recordi~g meter of a type approved by the Approvi~g Authority. The persons shall install and maintain such device in proper con- dition to accurately measure such flow. Upon failure to do so, . . . . . . Ordinance No. 912 , P~ge 12 the water consumption shall be the basis for cha!ges. When water is contained in a product or is evaporated or is discha!ged as unpolluted waste in an uncontami- nated condition to surface drain~ge, an application may be made for a reduction in the volume of waste discharged to the public sewer, provided supporti~g data satisfactory to the Approvi~g Authority is furnished. This data shall include a flow di~gram, destination of water supply and/or waste, supported by sub- meteri~g data installed on such process pipi~g at the expense of the person. Cd). Sampling of Wastes - Sampli~g of the effluent of waste discharges may be accomplished manually or by the use of mechanical equipment to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at intervals to be established by the contractual ~greement between the person and the Approvin~ ,Authority as necessary to maintain a control over the discha!ges from the establishment. The method used in the examination of all bacteriological wastes to deter- mine suspended solids, B.O.D. and prohibited wastes shall be those set forth in Section 1. SECTION SEVEN. PROTECTION FROM DAMAGE Ca). No unauthorized person shall maliciously, will- fully or negl~gibly break, da~~g~, uncover, deface or tamper with any structure, appurtenances, or equipment which is part of the municipal sew~ge works. Any person violati~g this provision shall be subject to immediate arrest under cha!ge of disorderly conduct. SECTION EIGHT. BILLING The sewer cha!ges herein set out shall be due and payable monthly as water bills are paid to the City of La Porte and said cha!ge shall be paid to the City of La Porte alo~g and t~gether with the water bill at the City Hall in La Porte, Texas. SECTION NINE. PENALTY FOR FAILURE TO PAY BILLS Any person, firm or corporation who shall fail to pay the sewer cha!ge and surcha!ge where applicable as herein levied and assessed within 20 days from the time same becomes . . . . . . Ordinance No. 912 , Page 13 due and payable shall be subject to have their sewer disconnected from the City's sewer system and lines or their water supply dis- connected, and thereafter no sewer connection which has been dis- connected or water supply disconnected for the nonpayment of charges shall be ~gain reconnected for the same user until all costs incurred in the actual physical disconnect and reconnect have been paid and all delinquent sewer service charges have been paid to the City of La Porte, Texas. SECTION TEN. POWERS AND AUTHORITY OF ENFORCING AGENTS The Approving Authority beari~g credentials and identification shall be permitted to, gain access to such proper- ties as may be necessary for the purpose of inspection, observa- tion, measurement, sampli~g and testi~g, in accordance with pro- visions of these r~gulations. Any person found to be violati~g any provision of this Ordinance shall be served by the City with written notice stati~g the nature of the violation and providi~g a reasonable time limit for the satisfactory correction thereof. Any person who shall continue any violation beyond the time limit shall be, guilty of violation of the service contract and shall be summarily disconnected from the sanitary sewer and/or water service. Such disconnection and reconnection would be at the total expense of the customer. Where acids and chemicals, dam~ging to sewer lines or treatment processes are released to the sewer causing rapid deteriQr~ion of these structures or interferi~g with proper treatment of sew~ge, the Approvi~g Authority is authorized to immediately terminate services by such measures as are neces- sary to protect the facilities. SECTION ELEVEN. PENALTIES (a). If any person, firm or corporation shall violate any of the provisions of this Ordinance, they shall be, guilty of a misdemeanor, and upon conviction in the Municipal Court, shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Each day of such violation shall be deemed a separate offense. .; .; . . . . Ordinance No. , ~age 14 q,? (b). 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, including reasonable attorneys fees. Any person, firm or corporation requesting service under the terms of this Ordinance shall be deemed to have agreed to comply with all of the terms and provisions hereof. The City may, in its sole discretion, require any customer to furnish a bond, underwritten by a corporate surety, conditioned on the customer's compliance with the terms and provisions hereof, the penalty of said bond to be determined by City. SECTION TWELVE. VALIDITY All Ordinances or parts of Ordinances in conflict here- with are hereby repealed, to the extent of such conflict. The validity of any section, clause, sentence or provision of this Ordinance shall not affect the validity of any other part of this Ordinance, which can be given effect without invalidated part or parts. SECTION THIRTEEN This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Clerk shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. PASSED AND APPROVED, this the 17th day of January, 1972. CITY OF LA PORTE, TEXAS ;.; By ;J/ ~ -/-4 H. Carlos Smith, Mayor <,' ATTEST :' dfr;,~)a// Cit Clerk APPROVED: M1J City Attorney