HomeMy WebLinkAboutOrdinance No. 256 ORDINANCE NO. 2 5 6
AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL
WASTES INTO THE SANITARY SEWERS OF THE CITY OF FRIENDSWOOD,
TEXAS; ESTABLISHING A PERMIT SYSTEM; ESTABLISHING A SYSTEM
OF CHAR,GES FOR SERVICES RENDERED; REGULATING UNSEWERED AND
MISCELLANEOUS DISCHARGES; PROVIDING FOR ENFORCEMENT;
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING
A PENALTY; AND PROVIDING FOR SE VERABILITY.
WHEREAS, the City of Friendswood 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 Friendswood in an equitable manner and, insofar 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, pretreatment, or controlled
discharge at point of origin of certain types or quantities of industrial wastes;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. DEFINITIONS. As used in this ordinance:
(1) "APPROVING AUTHORITY�' means the City Manager or his
duly authorized representative;
(2) "B. O. D. " (Biochemical Oxygen Demand) means the quantity
of oxygen by weight, expressed in mg/l, utilized in the biochemical oxida-
tion 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 or other place of disposal (also called house lateral
and house connection);
(4) "CITY" means the City of Friendswood, Texas, or any authorized
person acting in its behalf;
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(5) "C.O.D. " (Chemical Oxygen Demand) means measure of the oxygen con-
suming capacity of inorganic and organic matter present in the water or wastewater
expressed in mg/1 as the amount of oxygen consumed from a chamical oxidant in a
specific test, but not differentiating between stable and unstable organic matter
and thus not necessarily correlating with biochemical oxygen demand;
(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 course of discharge
before the discharge mixes with other discharges in the public sewer;
(8) "GARBAGE" means animal and vegetable wastes and residue from prepa-
ration, cooking, and dispensing of food; and from the handling, processing, sto-
rage and sale of food products and produce;
(9) "INDUSTRIAL WASTE" means waste resulting from any process of in-
dustry 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 sewer system;
(11 ) "MILLIGRAMS PER LI7ER" (mg/1 means the same as parts per million and
is a weight-to-volume ratio; the milligram-per-liter 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) "NORMAL DOMESTIC WASTEWATER" means wastewater excluding industrial
wastewater discharged by a person into sanitary sewers and in which the average
concentration of total suspended solids is not more than 350 mg/1 and 80D is not
more than 250 mg/1 ;
(14) "OVERLOAD" means the imposition of organic or hydraulic loading on
a treatment facil�ty in excess of its engineered design capacity;
(15) "PERSON" includes corporation, organization, government or govern-
mental subdivision or agency, business trust, estate, trust, partnership associ-
ation, and any other legal entity;
(16) "ph" means the reciprocal of the logarithm (base 10) of the hydrogen
ion concentration expressed in qrams per liter;
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(17) "PUBLIC SEWER" means pipe or conduit carrying wastewater or un-
polluted drainage in which owners of abutting properties shall have the use, sub-
ject to control by the City of Friendswood.
(18) "SANITARY SEWER" means a public 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 intentionally
passed;
(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 duration longer than fifteen (15) minutes more than five (5) times
the average twenty-four (24) hour concentration or flows during normal operation;
(20) "STANDARD METNODS" 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 Wastewater" as prepared, approved, and published
jointly by the A�erican 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 and drainage and into which domestic wastewater or industrial wastps 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 Friendswood or his duly authorized deputy, agent, or representative;
(24) "SUSPENDED SOLIDS" 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 otherwise 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 re-
move 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 otner substances producing taste or odor
in receiving water;
(D) no toxic or poisonous substances in suspension, col€oidal
state, or solution;
(E) no noxious or otherwise obnoxious or odorous gases;
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(F) not more than ten (10) mg/1 each of suspended solids and
B.O.D. ; and
(G) color not exceeding fifty (50) units as measured by the
Platinum-Cobolt method of determination as specified in
Standard Methods;
(28) "WASTE" means rejected, unutilized or superfluous substances in
liquid, gaseous, or solid form resulting from domestic, agricultural , or indus-
trial activities;
(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 , de-
vices; 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 wastewater; and
(33) "WATERCOURSE" means a natural or man-made channel in which a flow of
water occurs, either continuously or intermittently.
SECTION 2. PROHIBITED DISCHRRGES. (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 wastewater
treatment plant effluent.
(B) All discharges shall conform to requirements of the ordinance.
SECTION 3. CHEMICAL DISCHARGES. (A) No discharge to public sewers may con-
tain:
(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/1 ;
(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;
(2) fats, wax, grease or oils, whether emulsified or not, in
excess of One Hundred (100) mg/1 or containing substances
which may solidify or become viscous at temperatures between
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thirty-two (32) and one hundred fifty (150) degrees
Fahrenheit (0 and 65° Centigrade).
(3) objectionable or toxic substances , exerting an excessive
chlorine requirement, to such degree that any such
material received in the composite wastewater at the
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
Section 2 (A) .
(C) No waste, wastewater, or other substance may be discharged 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 personne7 at the wastewater facilities.
(D) All waste, wastewater, or other substance containing phenols, hy-
drogen sulfide, or other taste-and-odor producing 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. HEAVY METALS AND TOXIC MATERIALS. (A) No discharges may con-
tain concentrations of heavy metals qreater than amounts specified in subsection
(B) of this section. (B) The maximum allowable concent�ations of heavy metals
stated in terms of milligrams per liter (mg/1 ) , determined on the basis of indi-
vidual sampling in accordance with "Standard P�ethods" are:
(1 ) Arsenic 0.05 mg/1 ;
(2) Barium 5.00 mg/1 ;
(3) Boron 1 .00 mg/1 ;
(4) Cadmium 0.02 mg/1 ;
(5) Chromium (Total ) 5.00 mg/l ;
(6) Copper 1 .00 mg/1 ;
(7) Lead 0.10 mg/1 ;
(8) Manganese 1 .00 mg/1 ;
(9) �lercury 0.005 mg/l ;
(10) Nickel 1 .00 mg/l ;
(11 ) Selenium 0.02 mg/1 ;
(12) Silver 0.10 mg/1 ;
(13) Zinc 5.00 mg/l ;
(C) No other heavy metals or toxic materials may be discharged into pub-
lic sewers without a permit from the Approving Authority specifying conditions of
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pretreatment, concentrations, volumes, and other applicable provisions.
(D) Prohibited heavy metals and toxic materials include but are not
limited to:
(1 ) Antimony,
(2) Beryllium,
(3) Bismuth,
(4) Cobalt,
(5) Molybdenum,
(6) Tin,
(7) Uranyl ion,
(8) Rhenium,
(9) Strontium,
(10) Tellurium,
(11 ) Herbicides,
(12) Fungicides, and
(13) Pesticides.
SECTION 5. GARBAGE. (A) fJo person may discharge garbage into public
sewers unless it is shredded to a degree that all particles can be carried freely
under the flow conditions normally prevailing in public sewers. Particles greater
than one-half (1�2) inch in any dimension are prohibited.
(B) The Approving Authority is entitled to review and approve the in-
stallation and operation of any garbage grinder equipped with a motor of three-
fourths (3/4) horsepower (0.76 hp metric) or greater.
SECTIOh 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; or
(4) other unpolluted drainage.
(B) In compliance with the Texas Water Quality Act and other statutes,
the Approving Authority may designate storm sewers and other watercourses into
wnich unpolluted drainage described in subsection (A) of this section may be dis-
charged.
SECTION 7. TEMPERATURE. No person may discharge liquid or vapor having a
temperature higher than one hundred fifty (150) degrees Fahrenheit (65° Centi-
grade) , or any substance which causes the temperature of the total wastewater
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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 temperature 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.
(B) The Approving Authority may establish, in compliance with applicable
state and federal regulations, regulations for discharge of radioactive wastes in-
to 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 proh�b�ted by Section 9 (A) include, but are not limited
to materials which exert or cause concentrations of
(1 ) inert suspended solids greater than 250 mg/1 including but
not limited to
(a) Fuller's earth
(b) lime slurries; and
(c) lime residues;
(2) dissolved solids greater than 700 mg/1 including 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.
(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 withou� being effectively treated
by normal wastewater treatment processes due to the nonamenabil-
ity 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
(2) is amenable to treatment only to such a degree that the treat-
ment plant effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving
waters.
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(E) The Approving Authority shall regulate the flow and concentration 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 waste unfit for stream disposal or industrial use.
(F) No person may discharge into public sewers solid or viscous sub-
stances which may violate subsection (A) of this section if present in sufficient
quantity or size including but not limited to
(1 ) ashes;
(2) cinders;
(3) sand;
(4) mud;
(5) straw;
(6) shavings;
(7) metal ;
(8) glass;
(9) rags;
(10) feathers;
(11 ) tar;
(12) plastics;
(13) wood;
(14) unground garbage;
(15) whole blood;
(16) paunch manure;
(17) hair and fleshings;
(18) entrails;
(19) paper products, either whole or ground by garbage grinders;
(20) slops;
(21 ) chemical residues;
(22) paint residues; or
(23) bulk solids.
SECTION 10. COMPLIANCE WITH EXISTING AUTHORITY. (A) Unless exception is
granted by the Approv�ng Authority, the public sewer system shall be used by all
persons discharging;
(1 ) wastewater;
(2) industrial waste;
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(3) polluted liquids; or
(4) unpolluted waters or 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 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, regulations, suitable treatment within the provisions of laws, regula-
tions, ordinances, rules and orders of federal , state and local governments.
SECTION 11 . APPROVING AUTHORITY REQUIREMENTS. (A) If discharges or proposed
discharges to public sewers may
(1 ) deleteriously affect wastewater 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
(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 subsection (A) of this section.
(C) The Approving Authority shall reject wastes when
(1 ) it determines that a discharge or proposed discharge is in-
cluded under subsection (A) of this section; and
(2) the discharger 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 installat�on of equipment and processes.
(B) The des�gn and installation of equipment and processes must conform
to app applicable statutes, codes, ordinances and other laws.
(C) Any person responsible for discharges requiring pretreatment, flow-
equalizing, or other facilities shall provide and maintain the faciliti�s in
effective operating condition at his own expense.
SECTION 13. REQUIREMENTS FOR TRAPS. (A) Discharges requiring a trap in-
cl ude
(1 ) grease or waste containing grease in excessive amounts;
(2) oil ;
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(3) sand;
(4) flammable wastes; and
(5) other harmful ingredients.
(B) 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
(3) maintain the trap in effective operating condition.
SECTION 14. REQUIREMENTS FOR BUILDING SEWERS. 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 and safely located control manhole;
(2) install meters and other appurtenances to facilitate
observation sampling and measurement of the waste; and
(3) maintain the equipment and facil�ties.
SECTION 15. SAMPLING AND TESTING. (A) Sampling shall be conducted accord-
ing 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 analyses involved will determine whether a
twenty-four (24) hour composite sample from all outfalls of a premise is appro-
priate or whether a grab sample or samples should be taken. Normally, but not
always, BOD and suspended solids analyses are obtained from 24-hour composites of
all outfalls. Where applicable, 16-hour, 8-hour or some other period may be re-
quired. Periodic grab samples are used to determine pH. )
(B) Examination and analyses of the characteristics of waters and
wastes required by this ordinance shall be
(1 ) conducted in accordance with the latest edition of "Standard
Methods" ; and
(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 composite sampling.
(D) The City may select an independent firm or 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 samples are taken.
SECTION 16. PAYMENT AND AGREEMENT REQUIRED. (A) Persons making discharges
in industrial waste shall pay a charge to cover the cost of collection and treat-
ment.
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(B) When discharges of industrial waste 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; and
(2) payment by the person making the discharge.
SECTION 17. INDUSTRIAL COST RECOVERY
(A) The City will request all significant waste dischargers who
are contributing to any sanitary sewer system affected by improvements to that
system which are constructed with Federal assistance under PL 92-500 to sign
a letter of intent to pay that portion of the Federal grant amount allocable
to its industrial waste discharge. Such significant waste dischargers shall
submit their signed letters of intent within thirty ( 30) days after
receipt of the City's request for such letter. Such letter of intent shall
also include a statement of the period of the industrial user's intended use
of the proposed improvements.
(B) An industrial user may make a written request for reserve
capacity for anticipated increases in either volume or strength. If the
Approving Authority determines that such capacity can be reserved, he will
so notify the industrial user in writing within thirty (30) days after receipt
of request. If such reserve capacity is granted by the City, this value will
be used in the following formula to ascertain the industrial user's annual
share. Such reservations are valid unless (1 ) the industrial user notifies
the City in writing that it no longer desires such reservation or capacity,
or (2) the industrial user fails or refuses to make annual payment for
reservation of such capacity, and in either of these events the industrial
user is not entitled to any refund of payments made for such reserved capacity.
(C) All industrial users discharging industrial waste to the sanitary
sewer system affected by improvements for which the City received a Federal
grant under PL 92-500 shall make annual payments to the City during the
industrial cost recovery period, paying its individual share of the grant
amount received by the City divided by the industrial cost recovery period.
Each industrial user's annual share shall be calculated from the following
formula, and the values for volume, BOD and SS shall be the same as its
values used by the City during the previous year for calculation of user
charges to industrial users:
(1 ) Sanitary Sewer Lines and Pump Stations:
A �30 � (B) �C E D) �30) (C B D)
A = Annual payment by industrial user.
B = Peak design volume provided for in the project in gpd.
C = Peak design volume of industrial waste discharged by the
industrial user in gpd.
D = Peak design volume reserved by the industrial user in gpd.
E = Peak design volume attributed to all industrial users in gpd.
F = Amount of Federal grant.
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(2) Wastewater Treatment Plants :
r-
A = F� E� C� + D� + F2 E2 C2 + D2 + F3 E3 C3 + D3
30 B� E� 30 B2 E2 30 B3 E3
= F� C� + D� + F2 C2 + D2 + F3 �3 + �3
30 B� 30 B2 30 B3
A = Annual payment by industrial user.
gl = Average design volume provided for in the project in gpd.
B2 = Average design pounds per day of BOD provided for in the
project.
B3 = Average design pounds per day of SS provided for in the
project.
�1 = Average design volume of industrial waste discharged to the
collection system by industrial user in gpd.
�2 = Average design pounds per day of BOD discharged to the
collection system by the industrial user.
�3 = Average design pounds per day of SS discharged to the
collection system by the industrial user.
�1 = Average design volume reserved by the industrial user in gpd.
�2 = Average design pounds per day of BOD reserved by the
industrial user.
�3 = Average design pounds per day of SS reserved by the industrial
user.
E1 = Average design volume attributed to all industrial users in gpd.
E2 = Average design pounds per day of BOD attributed to all
industrial users.
E3 = Average design pounds per day of SS attributed to all
industrial users.
F1 = Amount of Federal grant attributed to volume in dollars.
F2 = Amount of Federal grant attributed to BOD in dollars.
F3 = Amount of Federal grant attributed to SS in dollars.
F = Amount of Federal grant in dollars = F� + F2 + F3
(3) Sludge Plants:
A = F E C + D - G = F C + D - G
[30 B E 30 B
A = Annual payment by industrial user.
B = Total pounds per day capacity provided by the facility.
C = Total pounds per day SS discharged to collection system by
the industrial user.
D = Total pounds per day SS reserved by the industrial user
for discharge into the collection system.
E = Total pounds per day SS attributed to all industrial users.
F = Amount of Federal grant.
G = (C + D� H = Total pounds per day SS in treatment plant
� I
plant effluent attributed to the industrial user.
H = Yearly average SS in treatment plant effluent mg/1 .
I = Yearly average SS in treatment plant influent mg/1 .
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(D) The City will bill each industrial user annually on the first
day of April . If an industrial user has been discharging to the sanitary sewer
system affected by the improvements less than one year prior to the date of
the billing, the bill will be calculated on a monthly basis for the period
of time the industrial user has been discharging to said sanitary sewer
system. Payments for the industrial users will be due within forty-five (45)
days of the billing date.
(E) The City may terminate wastewater industrial user services from
the system when:
(1 ) Any significant waste discharger fails to submit the required
letter of intent required by Paragraph (A) of this section within forty-five
(45) days after written notice from the City that same is required is received.
(2) Any industrial user fails to make annual payments as
required by this section within forty-five (45) days after receipt of bill
from the City.
(F) Annual payments made hereunder are not in lieu of any sanitary
sewer connection charges established by other City regulations, or user
charges established by this regulation.
SECTION 18. USER CHARGES
(A) The user charges to be determined for all permitted manufacturing
or other producers of waste to which this regulation applies, except for
those producing a domestic waste only, will be computed by the use of the
following formula:
UC = V C + Y (BOD) + Z (SS) J
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Formula Values are:
UC = User charge (in dollars).
V = Volume in millions of gallons discharged to the City sewer
system during the billing period.
X = Cost per million gallons of wastewater treated.
Y = Cost to remove one (1 ) mg/1 of BOD per million gallons.
Z = Cost to remove one (1 ) mg/1 of suspended solids per million
gallons.
BOD = Five (5) day, twenty (20) degree Centigrade biochemical
oxygen demand content of the waste delivered in mg/1 .
SS = Suspended solids content of the waste delivered in mg/1 .
(B) Those industries defined herein as dry industries, or industries
producing wastes containing both BOD and suspended solids of less than three
hundred (300) mg/l , will pay a sewer service charge at the uniform rate of
forty-eight cents (48�) or 10% greater than the residential charge whichever
is higher.
(C) When either BOD or suspended solids in a delivered waste is
more than three hundred (300) mg/1 , this formula will be used, but in no event
will either be used at less than three hundred (300) mg/1 in the computations.
(D) When an industry produces both domestic and process waste with
one connection to the sewer system, the waste so delivered will be considered
as industrial waste with uniform rate; or by user charge computations, in com-
pliance with the above, based on the combined volume, BOD and suspended solids
content.
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(E) A permittee may reduce his user charge rate by greater removals
in pretreatment or plant operation procedure, but once the pretreatment or
plant procedure is established to obtain uniform or lower rate, written
consent from the General Manager to increase the delivered strength shall
be required and charges for a higher rate based on tests by the City may be
made without other notice to the permittees.
(F) Monthly billing or bimonthly billing for industrial waste
disposal will be accomplished, using the established procedures.
SECTION 19. ADJUSTMENT OF CHARGES.
(A) The City shall adjust charges at least annually to reflect
changes in the 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 that the charge should be further increased.
(C) The City shall review at least semi-annually the basis for
determining charges and shall adjust the unit treatment cost in the formula
to reflect increases or decreases in wastewater treatment costs based on
the previous year's experience.
(D) The City shall bill the discharger by the month and shall show
industrial waste charges as a separate item on the regular bill for water
and sewer charges. The discharger sha-1 pay monthly in accordance with
practices existing for payment of sewer charges.
SECTION 20. SAVINGS CLAUSE.
A person 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,
without permission of the Approving Authority;
(2) has discharged the industrial waste at least 12 months
prior to the effective date of this ordinance.
(3) applies for and is granted a permit no later than 150 days
after the effective date of this ordinance.
SECTION 21 . CONDITIONS OF PERMITS
(A) The City may grant a permit to discharge to persons meeting
all requirements of the savings clause provided that the person
(1 ) submits an application within 120 days after the effective
date of this ordinance on forms supplied by the Approving Authority;
(2) secures approval by the Approving Authority of plans and
specifications for pretreatment facilities when required; and
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(3) has complied with all requirments for agreements or arrangements
including, but not limited to, provisions for
(A) payments of charges
(B) installation and operation of pretreatment facilities; and
(C) sampling and analysis to determine quantity and strength; and
(4) provides a sampling point subject to the provisions of this`or.dinance
and approval of the Approvong Authority.
(b) A person applying for a new discharge shall
(1 ) meet all conditions of subsection (a) of this section; and
(2) secure a permit prior to discharging any waste.
SECTION 22. POWER TO ENTER PROPERTY. (a) The Superintendent and other
duly authorized emplyees of the city bearing proper credentials and identification
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 sevurity, and fire protection.
(c) Except when caused by negligence or failure of the company to maintain
safe conditions, the city shall indemnify the company against loss or damage to its
property by city employees and against liability claims and demands for personnal in-
jury or property damage asserted against the company and growing ou� of the sampling
operation.
(d) The Superintendent and other duly author�zed employees of the city bearing
proper credentials and identificcation are entitled to enter all private properties
through which the city holds a negotiated easement for the purpose of
(1 ) inspection, observation, measurment, sampling, or repair;
(2) maintenance of any portion of the sewerage system lying within the
e asements; and
(3) conducting any other authorized activity.
All activities shall be conducted in full accordance with the terms of the negotiated
easements pertaining 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
industries beyond that point having a direct bearing on the: kind an� source of dis-
charge to the public sewers.
SECTION 23. AUTHORITY TO DISCONNECT SERUICE, ja) The city may terminate
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water and wastewater disposal service and disconnect an industrial customer from
the system when
(i ) acids or chemicals damaga�g to sewer lines or treatment process
are released to the sewer causing rapid deterioration of these structures or inter-
fering with proper conveyance and treatment of wastewater;
(2) a govermental agency indorms 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
sy5tem that cannot be sufficiently treated or requires treatment that is not pro-
vided by the c�ty as normal domestic treatment; or
(3) the industrial customer
(A) discharges industrial wa5te 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 prohibited wastes to public sewers.
(b) If service is disconnected pursuant to subsection (a)(2) of this section
the city shall
(1 ) disconnect the customer;
(2) supply the customer with the govermental agency's report
and provide the customer with all pertinent information; and
(3) continue disconnection until such time as the industrial
customer provides additional pretreatment or other facilities designed to re-
move the objectionable characteristics from his industrial wastes.
SECTION 24. NOTICE. The city shall serve persons discharging in violation
of this ordinance with writ�en notice stat�ing the nature of the violation and
providing a reasonable tim� limit for sati�factory compliance.
SECTION 25. CONTINUING PROHIBITED DISCHARGES; No person may continue dis-
charging in �iolation of this ordinance beyond the time limit provided in the
notice.
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SECTION 26. PENALTY. (a) Any person who continues pro-
hibited discharges after the effective date of this ordinance or who violates
any provision of this ordinance shall be deemed guilty of a xnisdemeanor and,
upon conviction, shall be fined not more than $200. 00 and each day of violation
shall constitute a separate offense.
(b) In addition to proceeding under authority of subsection (a) of
this section, the city is entitled to pursue all other criminal and civil reme-
dies to which it is entitled under authority of statutes or other ordinances
against a person continuing prohibited discharges.
SECTION 27. FAILURE TO PAY. In addition to sanctions pro-
vided 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 28. CRIMINAL OR CIVIL REMEDIES. The city may pur-
sue all criminal and civil remedies to which it is entitled under authority of
statutes and ordi.nances against a person negligently, willfully or maliciously
causing loss by tampering with or destroying public sewers or treatment
facilities.
SECTION 29. SEVERABILITY. If any provision of the ordinance
or the application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are declared to be severable.
SECTION 30. EFFECTIVE DATE. This ordinance shall be in full
force and effect from and after its passage, approval, recording, and publi-
cation as provided by law.
Passed on first reading this 17th day of November , 1975 '
Passed on second reading this lst day of December , 197� 5
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Passed, approved and finally adopted on third reading this 15th _ - _
day of December � �975 .
CITY OF FRIENDSWOOD, TEXAS
� `%?�
Ralph L. Lowe, Mayor
ATTEST:
Bobbie C. Henry, City S retary
APPROVED AS TO FORM:
William A. Olson, City Attorney
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