HomeMy WebLinkAboutO-1980-1221
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ORDINANCE NO. /;;1.2/
AN ORDINANCE REGULATING THE DISCHARGE OF WASTES INTO THE SANITARY
SEWERS 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 Water 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) "APPROVING AUTHORITY" means the City Administrator or
his duly authorized representative.
(2) "B.O.D." (Biochemical Oxygen Demand) means the
quantity of oxygen by weight, expressed in mg/1,
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 SEWER" 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." (Chemical Oxygen Demand) means measure
of the oxygen consuming capacity of inorganic
and organic matter present in the water or
wastewater expressed in mg/1 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.
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ORDINANCE NO.
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(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.
(7) "CONTROL POINT" means point of access to a
course of discharge before the discharge mixes
with other discharges in the public sewer.
(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.
(9) "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.
(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/1) means the same as
parts per million and is a weight-to-vo1ume ratio;
the mil1igram-per-1iter 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 water
or groundwater.
(13) "NOIDIJAL 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/1 and BOD is not more than 250
mg/1.
(14) "OVERLOAD" means the imposition of organic or
hydraulic 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.
(18) "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.
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ORDINANCE NO.
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(19) "SLUG" means any discharge of water, wastewater
or industrial waste which in concentration of
any given constituent or in quantity of flow,
exceeds for any period of duration longer than
fifteen (15) minutes more than five (5) times
the average twenty-four hour concentration or
flows during normal operation.
(20) "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.
(21) "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.
(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" (SS) means solids measured
in mg/1 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/1 each of suspended solids and BOD, 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, unuti1ized or superfluous
substances in liquid, gaseous, or solid form resulting
from domestic, agricultural, or industrial activities.
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ORDINANCE NO.
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(29) "WASTEWATER" means a combination of the water-
carried waste from residences, business buildings,
institutions, and industrial establishments, to-
gether with any ground, surface, and storm water
that may be present.
(30) "WASTEWATER FACILITIES" includes all facilities
for collection, pumping, treating, and disposing
of wastewater and industrial wastes.
(31) "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.
(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 waste-
wa ter . And
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(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 facilities;
(2) constitute a hazard to humans or animals; 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.
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(a) No discharge to public sewers may contain:
(1) cyanide greater than 1.0 mg/1;
(2) fluoride other than that contained in the public
water supply;
(3) chlorides in concentrations greater than 250 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;
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(2) fats, wax, grease, or oils, whether emu1s~fied 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).
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ORDINANCE NO. /~ j/
Page 5
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(3) objectionable or toxic substances, exerting an
excessive chlorine requirement, to such degree
that any such material received in the composite
wastewater treatment works exceeds the limits
established by the Approving Authority for such
materials; or
(4) obnoxious, toxic or poisonous solids, liquids,
or gases in quantities sufficient to violate the
provisions of ~ection 2(a).
(c) No waste, wastewater, or other substance may be dis-
charged into public sewers which has a pH lower than
5.5 or higher th~n 9.5, or any other corrosive property
capable of causing damage or hazard to structures,
equipment, and/or personnel at the wastewater facilities.
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(d) All waste, wastewater, or other substance containing
phenols, hydrogen sulfide, or other taste-and-odor pro-
ducing substances, shall conform to concentration limits
established by the Approving Authority. After treatment
of the composite wastewater, concentration limits may
not exceed the requirements established by state, federal,
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 allowable 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"
are:
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
e (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 Authority specifying conditions of pretreat-
ment, concentrations, volumes, and other applicable pro-
visions.
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ORDINANCE NO. /:J.:J-I
Page 6
(d) Prohibited hazardous materials include but are not
limited to:
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Uranyl ion
Rhenium
Strontium
Te11erium
Herbicides
Fungicides
Pesticides
SECTION 5. PARTICULATE SIZE.
(a) No perso~ 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 preyailing in public sewers.
Particles greater than one-half (~) inch in any dimen-
.sions are prohibited.
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(b) 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.
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:
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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.
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ORDINANCE NO. /;;,;;,1
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(b) The Approving Authority 'may establish, in compliance
with applicable state and federal regulations, regula-
tions for discharge of radioactive wastes into public
sewers.
SECTION 9. IMPAIRMENT OF FACILITIES.
(a) No person may discharge into public sewers any substance
capable of causing
(1) Obstruction to the flow in sewers;
(2) Interference with the operation of treatment
processes of facilities; or
(3) Excessive loading of treatment facilities.
(b) Discharges prohibited by Section 9(a) include, but are
not limited to, materia1s'which exert or cause concentra-
tions of
(1) Inert suspended solids greater than 250 mg/l including
but not limited to
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(A) Fuller's earth
(B) lime slurries; and
(C) lime residues;
(2) Dissolved solids greater than 500 mg/1 .inc1uding
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.
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(c) No person may discharge into public sewers any substance
that may
(1) Deposit grease or oil in the sewer lines in such a
manner as to clog the sewers;
(2) Overload skimming and grease handling equipment;
(3) Pass to the receiving waters without being effectively
treated by normal wastewater treatment processes due
to the nonamenabi1ity 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
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(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.
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ORDINANCE NO. /..J2/
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(e) The Approving Authority shall regulate the flow and
concentration of slugs when they may
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(1) Impair the treatment process;
(2) Cause damage to collection facilities;
(3) Incur treatment costs exceeding those for normal
wastewater; or
(4) Render the effluent unfit for stream disposal or
industrial use.
(f) 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
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(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.
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(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) other 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.
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ORDINANCE NO.
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SECTION 11. APPROVING AUTHORITY REQUIREMENTS.
(a) If discharges or proposed discharges to public sewers
may
(1) Deleteriously affect wastewater facilities, processes,
equipment, or receiving waters;
(2) Create a hazard to life or health; or
(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.
(b) The Approving Authority is entitled to determine whether
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 requ1r1ng 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.
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
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ORDINANCE NO. ~c{~/
Page 10
(3) Maintain the trap in effective operating condition.
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SECTION 14. REQUIREMENTS FOR BUILDING SEWERS.
(a) Any person responsible for discharges 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 facilitate
observation sampling and measurement of the waste;
and
(3) Install safety equipment and .faci1ities (ventila-
tion, steps...) where needed.
(4) Maintain the equipment and facilities.
SECTION 15. SAMPLING AND TESTING.
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(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 outfa11s 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 outfal1s. Where
applicable, 16-hour, 8-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
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(2) Determined from suitable samples taken at the control
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 suspended solids, if necessary.
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.
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(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.
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ORDINANCE NO. / d::t-/
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(b) When discharges of any waste into the City of La Porte
system are approved by the Approving Authority, the
City or its authorized representative shall enter into
an agreement or arrangement providing
(1) Terms of acceptance by the City;
(2) Payment by the person making the discharge, in
accordance with the User Charge System as estab-
lished in Subpart (e) of this Section;
(3) Sewer connection procedures and requirements shall
be in accordance with the Southern Standard Plumb-
ing Code, as amended;
(4) A sewer application approved with connection fee
paid; and
(5) Construction of sewer connections shall be approved
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.
(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/1)
SS - Suspended solids of the industrial waste (mg/l)
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ORDINANCE NO. /~I
Page 12
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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/day, the BOD and suspended solids
values may be determined from standard values 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 determihed
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.
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All flow rates and BOD and suspended solid values used
in determination of the Industrial Sewer Service Charge
shall be re-eva1uated 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 study of changes or actual measurements.
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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 18. 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;
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(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.
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ORDINANCE NO. 1':;':;"/
Page 13
SECTION 19. CONDITIONS OR PERMITS.
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(a) The City may grant a permit to discharge to persons
meeting all requirements of the savings clause pro-
vided that the person
(1) Submit an application within 90 days after the
effective date of this ordinance on forms sup-
plied by the Approving Authority:
(2) Secure approval by the Approving Authority of
plans and specifications for the facilities
when required; and
(3) Has complied with all require~ents for agreements
or arrangements including but not limited to, pro-
visions for
(A) payment of charges;
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(B) installation and operation of the facilities
and of pretreatment facilities, if required,
and
(C) sampling and analysis to determine quantity
and strength when directed 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 Approving Authority.
(b) A person applying for a new discharge shall
(1) Meet all conditions of subsection (a) of this sec-
tion; and
(2) Secure a permit prior to discharging any waste.
SECTION 20. POWER TO ENTER PROPERTY.
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(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 authority 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 damage 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;
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(2) Maintenance of any portion of the sewerage system
lying within the easements: and
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ORDINANCE NO. ~~/
Page 14
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(3) 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.
(e) 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.
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 lines
or treatment process are released to the sewer
potentially causing accelerated deterioration of
these structures or interfering with proper convey-
ance and treatment of wastewater;
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(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 can-
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 viola-
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 sanitary
sewer services when due: or
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(D) Repeats a discharge of prohibited wastes to
public sewers in violation of Sections 2 through
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 customer
provides pretreatment/additional pretreatment or other
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
4It and providing a reasonable time limit for satisfactory compliance.
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ORDINANCE NO. ~/
Page 15
SECTION 23. CONTINUING PROHIBITED DISCHARGES.
No person may continue discharging in violation of this
ordinance beyond the time limit provided in the notice.
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 entitled
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 other provisions or applications, and to this end the
provisions of this 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.
PASSED AND APPROVED THIS /~ d day of n hl" , A. D.
1980. ~
_CITY OF LA ~
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