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HomeMy WebLinkAboutO-1982-1357 . . I ~ . . ORDINANCE NO. 1357 AN ORDINANCE AMENDING ARTICLE l2 1/2 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, SAID ARTICLE BEING THE INDUSTRIAL WASTE ORDINANCE OF THE CITY OF LA PORTE: ADDING DEFINITIONS OF APPROVING AUTHORITY, DRY INDUSTRY, AND SUPERINTENDENT: PROHIBITING THE DISCHARGE OF ANY INDUSTRIAL WASTE INTO ANY SANITARY SEWER WITHIN THE CITY OF LA PORTE WITHOUT FIRST OBTAINING PERMIT THEREFOR: REQUIRING CONTROL MONITORING WELLS AND OTHER METERS, SAFETY AND MONITORING DEVICES: ESTABLISHING SAMPLING AND TESTING PRO- CEDURE: MONITORING THE INDUSTRIAL COST RECOVERY SURCHARGE FORMULA: REQUIRING AN ANNUAL PERMIT AND DISCHARGE REPORT: ESTABLISHING THE CONDITIONS FOR THE ISSUANCE OF PERMITS: AND ESTABLISHING PERMIT FEES: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00): CONTAINING SEVERABILITY AND REPEALING CLAUSES: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section l, Section 2, Section 14, Section 15, Section 17, Section 18, and Section 19, of Article 12 l/2 of the Code of Ordinances of the City of La Porte, commonly called the Industrial Waste Ordinance of the City of La Porte are hereby amended, to hereafter read as follows, to-wit: II 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) II SHALL II is mandatory: "MAY" is permissive. (23) II SUPERINTENDENT" 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 depositor 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: . . I Ordinance No. l357 , Page 2. (1) Injure or interfere with wastewater treatment pro- cesses 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. (c) All discharges shall conform to the requirements of this Ordinance specifically including, but not limited to any condi- tions imposed by any permit issued by the Approving Authority under the terms of this Ordinance. '. SECTION l4. 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: e (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 Works, 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 La Porte: (2) Install meters or other monitoring devices, to facili- tate observation, sampling, and measurement of the waste (at the discretion of the Director 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 (ventilation, 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- I . tory performance of said control monitoring wells, meters, monitoring devices, and safety equipment and facilities shall . . I Ordinance No. 1357 , Page 3. be a prerequisite to the issuance or renewal of the permit required in Sections 18 and 19, infra. SECTION 15. SAMPLING AND TESTING. (a) Determination of the average concentration or strength of the waste discharged shall be the obligation of the City 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 designate, 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 works in determining the existence of hazards to health, life, limb, and property. I (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 sol ids 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 I (1) Conducted in accordance with the latest edition of "Stan'dard Methods": and . e I Ordinance No. 1357 , Page 4. (2) Determined from suitable samples taken at the control manhole provided or other control point authorized by the Approving Authority. (d) BOD and suspended solids shall be determined from composite sampling, except to detect unauthorized discharges. (e) The Director of Public Works 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 identif ied shall be sampled for flow, BOD, TSS, pH, oil, and grease at least annually. (f) The City of La Porte may select an independent firm or laboratory to determine flow, BOD, suspended solids, oil, grease, and pH, or any other tests deemed necessary by the Director of Public Works, or his duly authorized representative. Flow may alternately be determined by water meter measurements if no other flow device is available and no other source of raw water is used. SECTION 17. INDUSTRIAL COST RECOVERY SURCHARGE. , Persons or owners discharging industrial wastes as con- templated in Section 2, supra, in which said discharged wastes exhibi ts no characteristics prohibited by this Chapter other than excessive BOD, or suspended solids, having a concentration 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 requirements of "normal domestic sewage": however, such wastes may be accepted for treatment if, and only if, the following requirements are met: I (a) The wastes will not cause damage to the collection system: . . I Ordinance No. 1357 , Page 5. (b) The wastes will not impair the treatment process: (c) The discharger of the wastes enters into a con- tractual agreement with the City of La Porte provid- ing for a surcharge over and above the existing sewer rates, said contractual agreement to be incor- porated fully by reference into the terms of the annual permit contemplated in Sections 18 and 19, infra. The surcharge on industrial wastes is to be computed on the following basis: ISS = (BOD + ~ ) X (0 & M Cost) X (Vol): where 250 300 (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 cond i tions 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 300 mg/l the value of SS shall zero: (4)0 & M Cost represents Operations and Maintenance Cost of La Porte I s Wastewater Treatment Facil- ity(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: I (5)vol represents Volume Discharged in Thousand Gallons. I 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 permit 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 establishment are collected, pur- suant to the terms of said Sections 14 and l5, 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 Section 15, supra, and a finding shall be made establishing whether such samples are in compliance . . I Ordinance No. l357 , Page 6. with the allowances established in the annual permit required by Sections 18 and 19, infra, for said discharger. 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. Any major changes in the operation that cause changes in the values allowed shall be treated under Sections 18 and 19, infra. 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 Treat- ment Facilities, as established above. . (d) Billing Practice - Industrial waste surcharges pro- vided 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 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 permit authorizing such connection, said permit 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 water discharge: I . . I Ordinance No. 1357 , Page 7. (2) A plat showing location and size of on-site sewers, sampling points, pretreatment facilities (as required in the discretion of the Approving Authority, see Section ll, supra), City sewers, and other pertinent details: (3) 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: . (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 I 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 without prior approval of the Director of Public Works if such change results in the user exceeding the levels for flow and discharge quality 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 I the initial annual report, an applicant is determined to be a dry industry as that term is defined by this Ordinance, a Dry . . I 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 conditions are met: (1) A formal application is submitted 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: e (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 met: (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 conditions set forth in subsection (a) of this section are met. I . - ~., " . e Ordinance No. ]357 , Page 9. As provided in Section 2 of this Ordinance, supra, no existing 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 discharge 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 permits or renewals thereof. The application will not be accepted unless the fee is paid." Section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 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 City 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 Ci ty Council was posted at a place convenient to the public at the City Hall of the City for the time required by law . . Ordinance No. 1357 , Page 10. .,..",... preceding this meeting, as required by the Open Meeiings 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. ...-... PASSED AND APPROVED this the J~ day of ~L , -- 1982. CITY OF LA PORTE 4~ . ~ ' By ~~~ . "" J V 1nia 1. e, ayor ATTEST: ....... ~~ r':{2:i~ . i S ret:ary ~cV~ City Attorney --