HomeMy WebLinkAboutO-1972-912
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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.
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(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.
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Ordinance No.
912
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(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
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Ordinance No.
912
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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:
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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
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Ordinance No.
912
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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-
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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.
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Ordinance No.
912
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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.
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Ordinance No.
912
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(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:
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Ordinance No.
912
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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.
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Ordinance No.
912
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(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.
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Ordinance No.
912
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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,
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Ordinance No.
912
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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
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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.
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Ordinance No.
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(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
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By ;J/ ~ -/-4
H. Carlos Smith, Mayor
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ATTEST :'
dfr;,~)a//
Cit Clerk
APPROVED:
M1J
City Attorney