HomeMy WebLinkAbout76-1912 ordORDINANCE NO.76-1912
REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWERS
THE;CITY OF PLAINVIEW, ~,~TEXA$, ESTABLISHING -A--PERMit ' SYSTEM, ESTABLISH-
ING A SYSTEM OF CHARGES FOR SERVICES RENDERED, _REGULATING UNSEWERED AND
MISCELLA}~EOUS DISCHARGES, ~AND'-PROV-IDING FOR ENFORCE~'~Cr. ~-
WHE~£AS, the City of Plainview has prqvided facilities for the col-
...... -lection and treatment 'of wastewateP to-p~omote the health,- sa-fety~ and'
convenience_ .. of its peop.te and .for the safe-guarding-of~watem-mesou~ces
common to all, and
.... - ~ -WHEREAS, o~ovision has been made in the design., constDuction~ and
operation of s~ch facilities to accommodate cemtain ~ypeS and quantities
of indUStrial wastes in addition :to~-nor~nal wastewater, and
.... WHEREAS, it is the obligation of the pmoducems of industrial waste
i tQdefray the costs of the was~ewa~em treatment services rendered by the
City of Plainview in an equitable manner and, insofar as iris practicable,
in propdPtion to benefits d~Pived, and
~EREAS, p~Otection of the quality of. the effluent and proper opera-
tion of.the wastewater collection and treatment facilities, and quality of
effluent maymequire either the exclusion~.pme-t~eainnent,: o~; cont~o!led
discharge at point ~of~oPigin of cArtain-typeS~-or ~Uan~{ies--o~indust~iat-:
wastes;' ' .
NOW, THEREFORE,..
BE IT ORDAINED'.BY THE'CITY CO~CYL'OF'THE~ITYOF PLIINVYEWi':~
SECTION 1. DEFINITIONS. As used in this omdinance
APPRQ~INGAUTHORITY' means.~e C,%~i~an~ge~ o~ h~s dUly-authopize~!
representative;
(2) "B.O.D." (Biochemical Oxygen Demand)-means the quanti~y of OXygen
b~:.weight,~..9~p~eD~ed i~,mg~i,, uti!ize~_in.~;h~.biochemicat-oxidationof-o~ganic .....
matter under standard labomatoPy conditions fop five (5) days at a tempematuPe
of twenty (20)/degrees centigrade; . -:~ '
(3) "BUILDING SEWER!' means th~ extension from the building drain to the
public sewer or other place of disposal (also called house lateral and house
connection)~ ~
(4) "CITY"means the City of Plainview, Texas, or any authorized person
acting in its behalf;
(5) "C.O.D." (Chemical Oxygen Demand) means measure of the oxygen con-
suming capacity of inorganic a~d organic'matter present in the water or waste-
water expressed~i~ mg/!as the amount of o~gen-~consumed ~om a chemical Oxidant
in'aspec-ific test; but notdiffere~%Rfin~.~b~fween'~sta~i'e'~"un~table organic
mattem--and thus-.~otnecessarily cormela~ingwith biochemical oxygen.demgKd;'
(6) "CONTROL MANHOLE" means a manhole giving access to a building sewer
at some point before the building sewer discharge mixes with other discharges
in the public sewer;
(7) "CONTROL POINT" means a point of access to a coumse of discharge be-
fore the discharge mixes with other discharges in the public sewer;
(8) "GARBAGE" means animal and v&getable wastes and residue from prepar-
ation, cooking, and dispensing of food; and[ from the handling, processing,
storage~and sale of food products and produce;
(9) ."IKDUSTRIAL WASTE" means~was~e resu!L..in~ from any~procese of
industr?~ manUfacturlng~ trade,, or business _~m the devetooment, of anv
natumat resource, or any mixture of the Waste with'water or' normal waste-
water~,~ or · distinct~-from
(10) "INDUSTRIAL WASTE CHARGE" means the charge ~ade on those per-
---sonswho-~diseharge'indUSt~i~t~wastes'intoT~h~city's sewerage system;
(11)/ "MILLIGRAMS PER LITER" (mg/t) means the same as parts per mil-
lion and is~ia weight~to-volUme ratio; the milligram-Per-liter value mul-
~tipiied'by the. fac%or 8,34 sha!lbe equivalent to pounds per' million gal- lons of water;
(12) "NATURAL OUTLET" ~eans'any outlet into a water-course, ditch,
Iake~ or other body'of.s~fa~d~waferorgrou~d-Water;
(~3)~"NORMAL DOMESTIC WASTEWATE~'means~-wastewater excluding indus-
trial Wastewater discharged by a person into sanitary sewers and in which
the average concentration of total suspended solidS~is not more than 250
mg/1 and BOD is not more than .250 mg/1;
(14) "0VERLOAD"-means~%he'imoositionoforganic.or hydraulic loading
ona-treatment .facility in e~cess"of-its engineered design capacity;
(15)' "PERSON,' includes corporation, organization, government or gov-
ernmental subdivision or agency, business, trust, estate, partnership asso-
ciation, andany other legal entity;
(16) '"pH" ~eans ~c rCclprocal c~ the logarithm (base 10~.of the hy-
dmogen ion concentration expressed in. grams per liter;
(17) "PUBLIC SEWER".means pipe or conduit carrying wastewater om un-
polluted drainage-in which owners of abuttingpro~ertles shall-have the
use, subject to control by the City of Plainview;
(18)~"$ANITARY SEWER"means-.a publfc sewer that conveys domestic waste-
water or.industrial.wastes or a combination, of both, and into which storm
water, surface water., groundwater, and other unpolluted wastes are not in-
tentiOna, l~y~pa~
.... (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 periodof duration longer than'fifteen (15) minutes more than
fiv~ (5) ti~t~6VRv&~R~lD~ty'-fddm ~')~-'~6~¢6n'~a~lon or flows doming
normal' operation;
(20) "STANDARD METHODS" means the examination and analytical procedures
set forth in the latest edition, at the time of analysis, of "Standard Meth-
ods for the Examination of Water and Wastewater" as prepared, approved, and
published jointly by the American Public Health Association, the American
Water Works Association, and the Water Pollution Control Federation;
(21) "STORM SEWER" means a public sewer which carries storm and surface
waters anddrainage and into which domestic wastewater or industrial wastes
are not intentionally passed;
(22) "STORMWATER" means rainfall or any other forms of precipitation;
(23) "SUPERVISOR" means the Code Enforcement Officer of the City of
Plainview or his duly authorized deputy, agent, or representative;-
..... (24) "SUSPENDED SOLIDS" means solids measure~ in-mg/! that either float
on the surface~of;'Or are in~susPensio~ ink'Water, WasteWater~or other liq-
.... uids, andwh~c~ are largely removable by a laboratory filtration device;
(25) "TO DISCHARGE" includes to deposit, conduct, drain, emit, throw,
run, allow to seep, or otherwise release or disoose of, or to allow, permit,
or suffer any of these acts or omissions;
(26) "TRAP" means a device designed to skim, settle, or otherwise re-
move grease, bil, sand, flammable wastes or other harmful substances;
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(27) ~ "UNPOLLUTED WASTE WATER" means ~wate~ containing
(A) no ,free or emulsified grease or oil;
(B) no acids or alkalis ;~
__ _.~_,r_~ ...~_ ........ . ~ (C) no phenols om other substances producing ~aste or odor
receiving water;
:--_ .? ~ ~. (D) ~ no..~oxic or poisonous subs~zan~e's.'~in ~sus'pension, cottoid~l~:~~-'~-~
state, or solution;
(E) no noxious or otherwise obnoxious or odorous gases;
(F) not more than ten (~iO) mg/1 each of suspended Solids' 'and
B.O.D.; and
(G) color not exceeding fifty t["50) units as meas6red by the
Platinum-Cohabit method of determination as specifiLd in
Standard Methods; ..... ~ ~
(28) "WASTE" means rejected, unUtili:,.ed or suoerfluous substances in
liquid, gaseous, or solid form r~esutting from domestic, agricultumat, or
industrial activities;
(29) "WASTEWATER" means a combination of the water-carried-waste from
residences, business buildings, institutions, and industrial establishments
together with any ground, surface, and sto~n water that may ~be present;
(30) "WASTEWATER FACILITIES" includes all facilities for collection,
pumping, treating, and disposing of wastewater and industrial wastes;
(31) "WASTEWATER TREATME,~T PLANT" mca.ns any City-o~ed faci!itiels., de
vices, and structures, used for receiving, processing and treating wastewater,
industmial waste, and sludges ~om the sanitamy sewers;
(32) "WASTEWATER SERVICE C~RGE" mean~ th'e '~h~'~0n all users of the'
p~iic sewer system whose wastes do not exceed .in strength the concentration
values established as representative of normal wastewater; and
(33) "WATERCOURSE" means a natural or man-~de channel in which afiow
of water occurs, either Continuously or inte~ittently..
SECTION 2~ PROHIBITEDDISCHARGES. (a) No person may discharge to oub-
lic 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
(~) create a hazard in receiving waters of the wastewater treat-
ment plant effluent.
(b) Ail discharges shall conform
to requirements of this ordinance.
SECTION 8. CHEMICAL DISCHARGES. (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;
(~) chlorides in concentrations greater than 250 mg/1;
(4) gasoline, benzene: naphthas, fuel oil, or other flammable or
explosive liquid, solid, or gas; ~r ....
....... (5) substances causing an exce~sive~Che~ical ~xyg~' Demand (C-.O%~D'~)~
(b) No waste or wastewater discharged
to public waters may contain:
(1) strong acid, iron picklin~ wastes, or concentrated plating sol-
utions whether neutralized or not;
(2) fats, wax, grease or oils, whether emulsified or not, in excess
of two hundred fifty (250) mg/t or containing substances which
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may soli~i_~ or become viscous at temperatumes between~
thirty-two (32) and one. h~gldme~ fifty' (150) degrees
FaK~enheit (0~and 65° dentJ[grade). Fats~ wax, grease'
..... .... ~ v.~..:-m~Oi~s~n e~eees~.of ~ne hundred (t00)mg/~ shall b~~
· considered industrial waste:
(3) objec~ionable'or-toxi~-su~stane'es~ eXertingane~cessiv~ ~
chl0r~nere~uirement, to such degree that any such material
received in the composite wastewater at the wastewater
tmeatment works exceeds the limits established by the Ap-
proving Authority ~oP such materials; or
(4) 6bfoxious, toxic, or poisonous solids, liquids, o~ gases in
quantities sufficient t~ vJ'olate the~0v~Sions of S~Ction
2 (a).
(c) No waste, wastewater, or other
substance may' be..~ischamged ..into .public sewers-which has a pH. lower: : than 5.5
or higher, than 9,5~ or any other corrosive property capable of causing damage
or hazard to structures., equipment, and personnel at the wastewater facilities.
(d) All waste, wastewater, or other
sUbstance containing phenols, hydrogensulfide, or other taste-and-odom pro-
ducing substances, shall Conform to concentration limits established by ~he .
Approvmng Authormty. After treatment of the comoosite wastewater, concentra-
tion limits-may not exceed the requirements established by state, federal,
or other agencies with jurisdiction over discharges to receiving waters.
SECTION 4. ~"~EAVY METALS AND TOXIC MATERIALS.
(a) No discharges may contain con-
centrations of heaVy metals greater than amounts specified in subsection(b)
of this section.
(~) The maximum allowable concen-
trations of~heavy metals stated in ter~s of milligrams per liter (mg/i), de-
termined on the basis, off'individual sampling in accordance with "Standard
Methods!' are:
(~) Arsenic. 0.05 mg/1;
(2) Bari~ : - 5.0 mg/!;
(3) Boron 1.0 mg/1;
(~) Cadmium 0.02 mg/i;
(5) Chromium (Total) 5.0 mg/1;
(6) Copper 1.0 mg/t;
(7) Lead 0.1 mg/1;
~8) Manganese 1.0 mg/1;
(9) Mercury 0.005 mg/t;
(10) Nickel 1.0 mg/1;
(11) Selenium 0.02 mg/1;
(12) Silver 0.1 mg/1;
(13) Z~nc 5.0 mg/1.
(c) No other heavy metals or toxic
matemiats may be discharged'into public sewers without a permit from the Ap-
pmoving- Authority%'specifying conditions ofpr~treatment, concentrations,
volumes, and other applicable provisions.
(d) Prohibited heavy metals and
toxic materials include but are n~t limited to:
(1) Antimony,
(2) Beryllium,
(3) Bismuth,
(4) Cobalt,~
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( 5 ) Molybdenum,
(7) Uranyl ion,
(8) Rhenium,
( g ) Strontium,
(lO) ' Tellurium,
( 11 ) Herbicides,
(!2) Fungicides, and
(13) Pesticides ~
SECTION 5. GARBAGE° (a) No pe~s0n may discharge
garbage into public sewers unless it is shredded tO a degree that ail
particles can be-carried freet~der~'~th~:fI~-¢~on~i~iO~s, nommally pre-
vailing in public sewers. Particles greater than one-half (~) inch in
any dimension are prohibited'.
(h) The Approving Authority
is entitled to review and approve'the insta.l!ation and operation of any
garbage grinder equipped with'a motor of three-fourths (3/4) horsepower
(O~76'hp metric) or greater.
SECTION 6.' STORM WATER ~ND OTHER U~OLLUTED DRAINAGE.
(a) No person may discharge
to public sanitary sewers -
(1) unpolluted storm water, surface water, ground-water,
roofrunoff or subsurface draih~e~ .......
(2) unpolluted cooling water;
(3)~ unpolluted industrial process waters; or
(4) other unpolluted drainage.
(b) In como!iance with the Texas
Water Quality Act and other st~tutes,'the Approving ~uthority may desig~.ate ....
storm sewers and other watercourses into which unoollu~ed drainage described
in subsection 6a-)~of-this section may be discharged'.
SECTI,ON~7._.~ TEMPERATURE. (a) No>~e~6nm~ay discharge liquid
or vapor havin~ a temperature higher than one hundred fifty (150) degrees~
Fahrenheit (65 Centigrade), or any substance which causes the temperature
of the total wasrewater treatment plant influent to increase at a rate of
ten (10) degrees Fahrenhei~t o~ mo~e~er hourg~om ad0~ihed total increase
of plant influenttemperature to one hundred ten (i10) degrees Fahrenheit.
SECTIONS. RADIOACTIVE WASTES. (s.) No person may discharge radio-
active wastes or isotopes into public sewers without ~the permission of the
Approving Authority.
(b) The Approving Authority may
establish, in compliance with applicable st:ate and federal regulations,
regulations for discharge of radioactive wastes into public sewers.
. SECTION 9. IMPAIRMENT OF F~CILITIES.. .......
(a) No person may discharge into
public sewers any substance caoable 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.
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(b) 'Disch~ges~prohibited by
S~c~ion 97~a)include, but are not limited to naterialS which exert or
ca, use concentrations of
--(.1) ~n6mt-suspended solids greate~ than 250 mg~l-finctuding
but not limited to
= ~(A) Fu!!er's earth . ~
(B). lime slurries; and
(C) lime residues;
(2) dissolved solids greater than 1300 mg/i including b~t
not limited to
(A) sodium chloride; and
(B)
sodium sulfate;
-~-~xeessive di~se~ion-inctuding-bu~ not--i~miTecY~to .............. (A) dye wastes; and
(B) vegetable tanning solutions; or
(4) BOD, COD, or chlorine demand i~'~excess of normal plant
capacity.
(c) NO person may discharge
into public sewers any substance that may
(1) deposit grease or oil in the sewer lines in such a man-
ner as to clog the sewers;
(2)- overload skimming and grease'handling equipment;
(~) pass to the receiving water, s without beihg effectively
treated by normal wastewater treatment processes due to
._~ ........... '-~- r~*non~e~ability of the subs~.~hde to bacterial action;
(4)~'deteteriousiy affect the treatment process due to exces-
sive quantities.
(d) No person.may discharge any
~substance into ~ublicsewers which ..............
(1) ~is not amenable to treatment or reduction by the processes
and facilities employed; or,
(2) is amenable to treatment only to such a degree that the
Treatment plant effluent cannot ~t'~the"requirements of '
other agencies having jurisdiction over discharge to the
receiving waters.
(e) The Approving Authority shall
regulate the flow-and c6ndentration of slugs when they may
(1) impair the treatment process;
(2) cause damage to collection facilities;
(3) incur treatment costs exceeding those for normal wastewater;
or
(4) render the wasme unfit for stream disposal or industrial use.
(f) No perso~ 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
' (t) .... ashes; .....
(2) cinders;
(3) sand;
(4) mud;
(5) straw;
(6[) shavings;
(7) metal;
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~8) glass;
(10) feathers;
(11.)~ tar;
(~¢~) plastics;
(13)- wood;
(I4) unground g~rbage;
(15) whole blood;
(16) paunch manure;
(17) hair and fleshings;
(18) enCrails; - : '
(19) paper products, either whoIe om ~ro~nd bY garbage grinders;
(20) slops; -~ /~.'~' ~ .~u- -
(21) chemical fertilizers;
(22) chemical residues;
(23) paint residues; or -
(24) bulk solids.
SECTION 10. COMPLIANCE WITH EXISTING AUTHORITY.
~ $~%¥~w~( ) Unless'exceotion is granted
by the Approving Authority, the publicasewer system shall*be used by all
persons discharging:
(1) wastewater;
(2) industrial waste;
(~) polluted liquids; or
-,~1) unpcl!utad wa~ars cr liquids.
(b) Unless authorized by the Texas
Water Quality Board, no person may deposit or discharge any waste included
in subsection (a) of this section on public or private property in or adjacent
to any:
~1) .natural__o_utte~;
(~) watercourse;
(3) storm sewer; or
(4) other area within the jurisdid~fl~
(c) The Approving Authority shall
verify prior to discharge that wastes authorized to be discharged wi!% receive
suitable treatment within the provisions of laws, regulations, ordinances,
rules and Orders of federal, state and local-g6ve~%n~s.
SECTION 11. APPROVING AUTHORITY REQUIKEMEI[TSo
(a) If discharges or proposed dis-
charges to public sewers may
(1) de!eteriously~affect waste~ater facilities, processes, equip-
ment, or receiving waters;
(2) create a hazard to life or 'health; or
(3) create a public nuisance;
the Approving Authority shall require:
(~) pretreatment to an acceptable comdlt'ion 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 en-
titled to determine whether a discharge or ]proposed discharge is included under
subsection (a) of this section.
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(c) The A~'~ ~
~p~ov~nK Authority shall
r~ect wastes when:
(1) it determines that adischarge or proposed discharge is in-
--' --- 'c!uded under subse~etiOh(~ofthis~ s.e~ti~-~and
(<2)-~the'discharger does not meet the requirements of subsection
SECTION 12. APPROVING AUTHORITY'REVIEW ~ APPROVAL.
(a) If pretreatment or control is
required, the ApproVingAuthority shall review and approve, design and install-
ation of equipment, and processes.
(b) The desig~ ~d installation of
equipment and processes must'aonform to all. g~piicable statutes~'~odes or2
di~ances~ando~her laws. '
.~ (c) Any~personresponsible for dis-
chargesrequi~lng ~retreat~nent, flow-equalizing, or o%her facilities shall pro-
vide and maintain the facilities in effective operating condition at his own
qxpense.
SECTION 13.. REQUIREMENTS FOR TRAPS.
...... (a) Discharges requiring-a t~ap in-
clude:
(1) gmease 6r waste containing grease in excessive amounts;
(2) oil;
(3) sand, ~ -:-
(4) flammable wastes; and
........ (5) .o'therharmfulingredients.
(b) Any person, responsible for d~s-
charges requiring a trap shall at his own e×pense and as reqLired by~th~ Ap-
proving Authority:
(1) ~provide equipment-andfacilities ora type and capacity ap-
proved by theApproving AUt]hority;
(2) Locate the trap in a manner-that provides ready and'easy ac-
~e~ibl!~y for cleaning and ih~tib'h; and
(3) maintain the trap in effective operating condition.
SECTION 14. REQUIREMENTS FOR BUILDING SE~ERS.
(a) Any person responsible for dis-
charges thrOugh a building sewer carrying industrial wastes shall, at his own
expense and as required by the Approving Authority:
(1) install an accessible and safely located control manhole;
(2)-,instait meters and other appurtenances to faci!i~ate Observa-
tion sampling and measurement of the wazer; and
(3) maintainthe equipment and facilities.
SECTION 15. SAMPLING AND TESTING. (a) Sampling shall be conducted ac-
cording tocustomariiy acceptedmethods, reflecting the effect of constituents
uPo~--th¢-sewage.wor~ks~end~deTermining-~he existence-of hazardsto health, life,
:limb~and~property.~.~ (NOTE:... The par-t~ieutar-anay~ses~ involved will determine
whether a twenty-four (24) hour composite sample from all outfalis of a pre-
mise is appropriate or whether a grab sample or samples should be taken. Nor-
mally, but not always, BOD and susoended so[Lids analyses are obtained from
24-hour composites of all outfa!ls. Where applicable, 16-hour, 8-hour o~
some other period may be required. Periodic grab samples are used to determine
pH. )
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(b) Examination and ana!vses of
the characteristics of waters and wastes required by this ordinanc~ shall
be:
........ ~ .~-- .~_ (~.)~ conducted in accordance ~i~:~h'~h~-!~.est ~edition of~'S~an'dard
Methods"; and
~ (2) determined from suitable~.samplcS~.-taken at ~he control man~ =
hole provided or other control point auqhorized by the Ap-
proving Authority.
(c) BOD and suspended solids shall
be determined from composite sampling.
(d) The City may select an inde-
pendent firm ?r laboratory to'determine flow, B~O;D., and suspended solids.
- (e) The City is entitled to select
the time of sampling at its sole discretion so long as at least annual sam-
ples are taken.
SECTION 16. PAYMENT~AND AGREEMENT REQUIRED.
(a) Persons making.discharges of
industrial'.waste shall paya charge to cover the cost of collection and
treatment,
(b) When discharges of industrial
waste are appmoved 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; and
(2) payment by the person making tQ~&~i§~h~rge.
SEETION 17. INDUSTRIALWASTE CHARGE AND ADDED COSTS.
(a) If the volume or Character of
the waste to be ~reated by the city does not cause overloading the sewage
collection, treatment, or disposal facilities 6f'~he'dity, then prior to ap-
proval, the city and the person making the discharge shall enter into an
agreement which provides that the discharger pay an industrial waste charge
~o be determined, from theschedule of charges.
(b) If the volume or character
the waste to be treated by the City requires that wastewater collection,
treatment, or other disposal facilities of the~city be imoroved~ expanded,
or enlarged in order tO trea~ the waste, then prior to apLroval, the city
and the person making the discharg~ shall enter ~into an agreement which
vides thatthe discharger pay in full all added-costs the city may incur due
to acceptance of the waste.
(c) The agreement entered into our-
suant to subsection (a) of this section shall~inciude but not be limited %o:
(1) amortization of all.~capital outlay for collecting and treat-
ing the waste, including new capital outlay and the propor-
tionate part of the value of the existing system used in
handling and treating the waste;
(2) operation and maintenance costs including sa!ariesand wages,
power costs, costs of chemicals'~d~U~pli~-~roper a!Iow-
ances for maintenance., depreciation, over-head, and office
expense; and
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SEdTION 18. SCHEDULE OF ,CH;~RGES. Industrial waste charges shall
ben-separate ~nd in addition to customary commercial sewer charges and
shall be based upon the strength of the '~vaste above that' of the no~a!
domes~ic wastewate~ as set~f~mth ?in ~Section ~i ,'~ I~em~3~ ~e~ indust~iai
waste ch~ges shall be calculated by the follow, lng fommula:
S~Ua(B.O.D.~250 mgfl) + ~(S~S.-250 mg/t) + Vc(F,O~G,-100 mgJ!)+ (Vd)
ere:
S = Surcharge expressed in dollars per month~for waste containing excess
stre~gtho~
V = Monthly wasteflow expressed in million gallons.
B.~O.D. = ActUal Biochemical Oxygen Demand expressed in,mg/1 measured at
customer's point of discharge.
S.So =~Actual suspended solids expressed in mg/1 meaauredat customer's
point of discharge.
,F.O.G. = Actual Fats. Oils and Greases expressed in mg/! measured at
customer's point of discharge.
a = Unit cost expressed in dollars for removing I mg/1 B.O.D. from I mil-
lion gallons.
b = Unit cost expressed in dollars for removing 1 mg/1 S.S. from I million
gallons.
c= Unit cost. expr~ssed~in do~ars for. remov~ng,~ ~ i mg/! F~OyG. from I mil-
lion. gallons. -
d = Unit cost expressed in dollars for transporting I million gallons of
waste.
*"Vd" portion of the formula 'shall be used only whena new sewer main (and
lift station, if requried) must be constructed in order to ade~uate!y serve
the customer duel-to ~olume of flow
SECTION 19. ADJUSTMENT OF CHARGES. (a) The city shall adjust aharges
at, least annually to reflect changes inthe characteristics of wastewater
based on the results of sampling and testing°
(b) Increases in charges shall be
retroactive for two billing periods and shall continue for six (6) billing
periods unless subsequent tests determine tlhat,~the chargD should be further
increased.
(c) The city shall review az least
annually the basis for determining charges and shall adjust the unit treat-
ment cost in the formula to reflect increases or decreases in was~ewater
treatment~costs based on the previous year's experience.
(d) The city shall bill the dis-
charger by the month and shall show industrial waste charges as a separate
item on the regular bill for water and sewer charges. The discharger shall
pay monthly in accordance with practices existing for payment of sewer charges.
SECTION 20~ SAVINGS CLAUSE° (a) ~rs6n discharging industrial~
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 quality of discharge, with-
out permission of the Approving Authority;
(2) has discharged the industrial waste at least 12 months prior
to the effective date of this ordinance; and
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(3) applies for and is eranted a perm~ no later then 1~0 days
after the effective date of this o~dinance.
~ SEC~ION-2~. COND!~TIO~S OF PERMITS_~(a)~The~citymay_gmant a permit
,to discharge to persons meeting all requirements of the savings clause~pro-
vided, that the person: ..... -~ ~ .....
(1) submit an application within 1~0 days after the effective
date of thi~ ordinance on formssuppliedby the Approving
~uthority;
(2) secure approval by the Approving Authority of plans cng
specifications for pretreatmenr facilities when required; and
(8) has complied with all requirement~ f~r~agreements or arrange-
ments including, but not limited~to~ provisions for
(AY payment-of charges;
(B) ~installation and opermtian.o~retr~atment facilities; and
(C) sampling and analysis to determine quantity and strength;
and
(4) provides a sampling point subject to the provisions of this
ordinance and approval of the Approving Authority.
(b) A person aPplying for a new dis-
charge shall:
(1)
(e)
meet al! conditions of subsection (a) of this section; and
secure a permit prior to discharging any waste.
SECTION 2~. POWER-TOENTER PROPERTY.
(a) The Supervisor and other duly
authorized employees of the city bearing pro~e~-credentiats and indentifi-
cation are entitled to enter any public or private propertyat any reasonable
time for the purpose of enforcing this ordinance.
(b) Anyone acting under this author-
ity shall observe the establishment's rules and~ regulations concerning safety,
internal security;-and fire protection.
(c) Except when caused by negligence
or failure of ~the company to maih~fn Safe C6nditi0ns, the city Shall indem~ ·
nify the company against loss or damage to its property by city employees and
against liability claims and demands for personal injury or property damage
asserted against the company and growing out of the s~mp!ing operation.
(d) The Supervisor and other duly
authorized employees of the city bearing proper credentials and indentification
are entitled to enter all pmivate properties through Which the city holds a
negotiated easement for the purposes of:
(1)- inspection, observation, measurement, sampling, or repair;
(2) maintenance of any portion of,the sewerage system lying within
the easement.; and
(3) conducting any o~her authorized activity. Ail activities
shall be conducted in full accordance with the terms of the
-'negotiated easement pertain~ing to the-private property involved.
(e) No person acting under authority
of this provis~imn may inquire into any processes~ including metallurgical, chem-
ical, oil refining, ceramic, paper, or other industries beyond that ~oint
having a direct bearing on the kind and source of discharge to the public
sewers.
SECTION 23. AUTHORITY TO DISCONNECT S.EK~z=m.
(a) The city may terminate water
and wastewater disposal service and disconnect an industrial customer from
(l) ~acids or chemicals damaging to sewer lines or treatment
-progress are released'to thesewer~causing rgpid d~T~O~~'
ation ofthese structures or interfering with proper con~
veyance and treatment of wastewater;
(2) a governmental agency informs the city that the effluent
from the wastewater treatment plant is no longer of a qual-
ity permitted for discharge to a watercourse, and it is
found that the customer is J~iivering wastewater to the
city'ssystem that cannot be sufficiently treated or re-
quires treatment that is not provided by the city as nor-
m~do~esti~%r_9~tment; or
(3) the industrial customer
(A) discharges industrial waste or wastewater that is in
violation of the permit issued by the Approving Authority;
(B) discharges wastewater at an uncontrolled, variable 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
(D) repeats a discharge of prohibi~edwastes to public sewers.
(b) If service is disconnected pur-
suant to subsection (a) (2) of th'is section, the city shall:
(1)_ '~isconnect the customer;
.... (2) ....s~upp!y~%he customer with the. goyernmental agency'sreport and
provide t~e customer with all pertinent information; and
(3)~ continue disconnection until such time'as the industrial
cust9meP provides additional pretreatment or other facilities
.... ~oremove the objectionable characteristics from his industrial
was~eso
SECTION 24. NOTICE. The City shall serve persons dis-
charging invio!ation of this ordinance with written notice stating the
nature of the violation~and providing a reasonable time limit for satisfactory
compliance.'
SECTION 25. CONTINUING PROHIBITED DISCHARGES.
No persons may continue discharging
invio!ationof this ordinance beyond the time !i~it provided in the notice.
SECTION 26° 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 $200 for each act of vio!atjon and for each day of vio-
lation~
'~ (b) in addition to proceeding under
authority~of~-~subsee~i~n-.(a) o~h~s-section, the,-city~is entit!'ed to ou~sue -
~all other criminaland civil remedies to which it is entitled under authority
of statutes or other ordinances against a person continuing prohibited dis-
charges°
SECTION 27. FAILURE TO PAY. In addition to sanctions provided for
by this ordinance, the city is entitled to exemcise sanctions provided for by
the other ordinances of the city for failure to pay the bill for water and san-
itary sewer service when due.
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SECTION 28. A~P. EAL. Thedecis~ion andact_of the. approving authority,
madeand determined pursuant to the terms and provisions of this ordinance
.may be appealed to the City Council of the City of Plainview~.by any person
Who feels that he has heenaggrievedBy the deci~Sion-and~action of the Ap-
proving Authority, in which evenn, the decision and action and authority
g!%ven ~he Approving Authority hereinshall bemade.and~determined by the
City Council O~the City of Plain~iew,
SECTION 29. SEVERABiLITY~ If any p~Ovision of-this Ordinance or-the'
application thereof to any person or circumstance is held invalid, such in-
validity shall not affect, other provisions or appticat~onsfOf ~he Ordinance
Whi~h'~ ~e given effect without the invalid pr~Visi0n or application, and
to this.end the provisions of this Ordinance are declared to be severab%e.
SECTION 3d, EFFECTIVE DATE. Thi~ Ordinance shall be in full forceand
effect from an~;~.aftem its passage, approval, recording, and publication as
prov'id,ed by law. ,~
PASSED AND APPROVED ON THE ~-%4 day of' ~~t~/ , 1976m .
~ATT~ST:
City Clerk
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