(a) 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act or the Act
means V.T.C.A., Water Code section 26.177.
Approval authority
means the director in an NPDES state with an approved state municipal water pollution control and abatement program.
Authorized representative of a significant waste discharger.
An authorized representative may be:
(1) 
A principal executive officer of at least the level of vice-president, if the discharger is a corporation;
(2) 
A general partner or proprietor if the discharger is a partnership or proprietorship, respectively;
(3) 
A duly authorized representative responsible for the overall operation of the facilities from which the discharge originates.
Biochemical oxygen demand (BOD)
means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures, five days at 20 degrees centigrade, expressed in terms of weight and concentration (milligrams per liter (mg/l).
Building sewer
means a sewer conveying wastewater from the premises of a user to the POTW.
Categorical standards
means national categorical pretreatment standards or treatment standards.
City
means the city or the city council.
Commission
means the state commission on environmental quality (TCEQ).
Control authority
means the approved authority, defined in this section, or the superintendent of utilities.
Cooling water
means the water discharged from any use such as air conditioning, cooling or refrigeration, or to which the only pollutant added is heat.
Direct discharge
means the discharge of treated or untreated wastewater directly to the waters of the state.
Domestic wastewater
means the liquid and water-carried waste from dwellings, commercial buildings and industrial facilities that is the result of normal human activity and does not include any industrial wastewater or stormwater.
Environmental Protection Agency (EPA)
means the U.S. Environmental Protection Agency, or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.
ETJ
means extraterritorial jurisdiction.
Grab sample
means the sample which is taken from a waste stream or surface runoff on a one-time basis with no regard to the flow in the stream and without consideration of time.
Holding tank waste
means any waste from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks, and vacuum pump tank trucks.
Indirect discharge
means the discharge or introduction of nondomestic pollutants from any source regulated under section 307(b) or (c) of 33 USC 1317 into the POTW or waters of the state.
Industrial user
means a source of indirect discharge which does not constitute a discharge of pollutants under regulations issued pursuant to section 402 of 33 USC 1342.
Industrial wastewater
means the liquid and water-carried waste from commercial buildings or industrial facilities that includes any waste distinct from domestic wastewater that is generated as a byproduct of a commercial or industrial activity. Any combination or mixture of domestic wastewater and industrial wastewater shall be considered industrial wastewater.
National Pollution Discharge Elimination System (NPDES) permit
means a permit issued pursuant to section 402 of 33 USC 1342.
National prohibitive discharge standard or prohibitive discharge standard
means any regulation developed under the authority of section 307(b) of 33 USC 1342 and 40 CFR 403.5 of S.B. No. 835.
Person
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine gender. The singular shall include the plural where indicated by the context.
pH
means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
Pollutant
means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sludge, mutations, chemical waste, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
Pollution
means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water.
Pretreatment or treatment
means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW or the waters of the state.
Publicly owned treatment works (POTW)
means sewers or other conveyances and treatment plants.
Significant waste discharger
means any discharger discharging 25,000 gallons or more per day (24-hour period), that has waste toxic pollutants as defined pursuant to section 307 of 33 USC 1292 or state statutes and rules as [and] is found by the city, the state control agency, or the U.S. Environmental Protection Agency, to have significant impact, either singly or in combination with other contributing industries, on the waters of the state.
Standard industrial classification (SIC)
means a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972.
Stormwater
means any flow occurring during or following any form of natural precipitation and resulting therefrom.
Superintendent of utilities
means the person designated by the city to supervise the operation of the utilities department and who is charged with certain duties and responsibilities by this article, or his duly authorized representative.
Suspended solids
means the total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquids, and which is removed by laboratory filtering, commonly referred to as total suspended solids (TSS).
Toxic pollutant
means any pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the EPA under the provisions of the Clean Water Act 307(a) or other acts.
Wastewater
means the liquid and water-carried industrial or domestic waste from dwellings, commercial buildings, and industrial facilities, and stormwater that may be present, whether treated or untreated, which is permitted to enter the POTW or waters of the state.
Waters of the state
means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, or flow through or border upon the state or any portion thereof and including any other water as defined by V.T.C.A., Water Code section 26.001.
(b) 
Abbreviations.
BOD
Biochemical oxygen demand
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
Environmental Protection Agency
l
Liter
mg/l
Milligrams per liter
NPDES
National Pollutant Discharge Elimination System
TCEQ
Texas Commission on Environmental Quality
(1988 Code, ch. 11, sec. 12.01; 2010 Code, sec. 46-123)
(a) 
Any person found to be violating any provisions of this article shall be served by the city written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. If the offender continues violation after the expiration of the time stated, the city manager may prohibit the further use of the sewage system by the offender and may remove or close the offender’s sewage and water connections.
(b) 
Any person who shall continue any violations beyond the time limit provided for in subsection (a) of this section shall be guilty of a misdemeanor. Each day in which such violations exist shall be deemed a separate offense.
(c) 
Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned by the city for reason of such violation.
(1988 Code, ch. 11, sec. 12.13; 2010 Code, sec. 46-124)
(a) 
The city, having a population of more than 5,000 inhabitants, hereby establishes a water pollution control and abatement program for the city. The city shall employ or retain an adequate number of personnel, on either a part-time or full-time basis as the needs and circumstances of the city may require, who by virtue of their training or experience are qualified to perform the water pollution and abatement functions required to enable the city to carry out its duties and responsibilities under this article.
(b) 
The water pollution control and abatement program of the city shall encompass the entire city and its extraterritorial jurisdiction to achieve the objectives of the city for the area within its territorial jurisdiction. The city shall include in the program the services and functions which, in the judgment of the city or as may be reasonably required by state or federal law, will provide effective water pollution control and abatement for the city, including the following services and functions:
(1) 
The development and maintenance of an inventory of all significant waste discharges into or adjacent to the water within the city, and within the extraterritorial jurisdiction of the city, without regard to whether or not the discharges are authorized;
(2) 
The regular monitoring of all significant waste discharges included in the inventory prepared pursuant to the provisions in subsection (b)(1) of this section.
(c) 
The city shall collect samples and conduct periodic inspections and tests of the waste discharges being monitored to determine whether the discharges are being conducted in compliance with any applicable permits, orders or regulations of the city, the TCEQ or the EPA, and whether they should be covered by a permit from the city, the TCEQ or the EPA.
(d) 
In cooperation with the TCEQ, the city shall develop a procedure for obtaining compliance by the waste dischargers being monitored, including, where necessary, the use of legal enforcement proceedings.
(e) 
The city shall develop and execute reasonable and realistic plans for controlling and abating pollution or potential pollution resulting from generalized discharges of waste which are not traceable to specific sources, such as storm sewer discharges and urban runoff from rainwater.
(1988 Code, ch. 11, sec. 12.02; 2010 Code, sec. 46-125; Ordinance adopting 2018 Code)
The city manager shall appoint a superintendent of utilities and such assistants as the city manager may determine to be necessary, and it shall be the duty of the superintendent to enforce the provisions of this article.
(1988 Code, ch. 11, sec. 12.03; 2010 Code, sec. 46-126)
(a) 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial process waters to any sanitary sewer.
(b) 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city manager. Unpolluted process waters may be discharged upon approval of the city manager, to a storm sewer or natural outlet, or into the sanitary sewer system upon prior written approval of the city manager or superintendent of utilities.
(c) 
In cases where, and in the opinion of the superintendent of utilities, the character of the sewage discharged from any manufacturer or industrial plant, building or other premises is such that it will damage the system or cannot be treated satisfactorily in the system, the city manager shall have the right to require such discharger to dispose of such waste otherwise, and prevent it from entering the system, unless he shall have signed an agreement as otherwise allowed under separate provisions of this article.
(1988 Code, ch. 11, sec. 12.04; 2010 Code, sec. 46-127)
Except as hereinafter provided, no person shall discharge or cause to be discharged into the sewer or drainage system of the city, or to the waters of the state, directly or indirectly, any of the following described matters, water or wastes:
(1) 
Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
(2) 
Concentrations exceeding 100 milligrams per liter of wax, fats, grease, oil, plastic or other substances which will solidify or become discernibly viscous at any temperature between 32 degrees Fahrenheit and 150 degrees Fahrenheit;
(3) 
Any garbage that has not been properly treated or any other solid or viscous substances in quantities capable of causing obstruction to the flow in sewers or interfering with proper operation of the treatment plant or to the waters of the state [sic], including, but not limited to, such materials as ashes, cinders, sand, mud, straw, wood shavings, sawdust, metal shavings and filings, glass, rags, tar, lime slurry or residues, paint and chemical residues, bulk solids, glue or paper other than hygiene tissue;
(4) 
Any feathers, entrails, feet, bones, paunch manure, hair, fleshings or eggshells, whole blood or other liquids in quantities which exert an unusual oxygen or chlorine requirement, or which result in a discoloration of the treatment plant influent;
(5) 
Any substance which singly or by interaction with other waste can form a gas, or material which, by itself or in combination with other substances, can be a hazard to life;
(6) 
Any liquids with a pH value lower than 5.5 or higher than 10.0;
(7) 
Any cyanides or cyanogen compounds capable of liberating hydrocyanic gas or acidification in excess of one milligram per liter as CN;
(8) 
Any fluoride in concentrations exceeding that in the public water supply;
(9) 
Any salts of the following heavy metals, in solution or suspension, at a concentration greater than as shown below:
Metal
Average
Daily Composite
Grab Sample
 
(not to exceed, as measured in milligrams per liter)
Arsenic
0.1
0.2
0.3
Barium
1.0
2.0
4.0
Cadmium
0.05
0.1
0.2
Chromium
0.5
1.0
5.0
Copper
0.05
1.0
2.0
Lead
0.4
0.8
1.6
Manganese
1.0
2.0
3.0
Mercury
0.005
0.005
0.01
Nickel
1.0
2.0
3.0
Selenium
0.05
0.1
0.2
Silver
0.05
0.1
0.2
Zinc
1.0
2.0
6.0
(10) 
All other heavy metals and toxic materials, in solution or suspension, at concentrations greater than that in the public water supply, such as, but not limited to the following:
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Rhenium
Strontium
Tellurium
Tin
Uranyl ion
Pesticides
Fungicides
Herbicides
(11) 
Chlorides in concentrations exceeding 250 milligrams per liter, unless the discharge of chlorides in concentrations higher than 250 milligrams per liter is limited to rates and volumes that will not cause the concentration of chlorides in the treated effluent from the sewage treatment plant to exceed 250 milligrams per liter;
(12) 
Any radioactive wastes of greater concentration or amount than the allowable releases specified by regulatory agencies which control the possession and release of radioactive materials;
(13) 
Any active or inert materials in concentrations which interfere with the proper operation of the treatment process to the degree that the normal treatment process used will not produce an effluent meeting the criteria of regulatory agencies or which impose unusual costs for treatment or maintenance;
(14) 
No substances or mixtures which may contain any amount of polychlorinated biphenyls (PCBs);
(15) 
Wastewater with a phenol concentration greater than 2.0 milligrams per liter;
(16) 
Wastewater which contains more than 0.5 milligrams per liter of hydrogen sulfide measured as H2S;
(17) 
Wastewater with 24-hour composite samples containing BOD or total suspended solids (TSS) in excess of 200 milligrams per liter, or chemical oxygen demand (COD) in excess of 1,100 milligrams per liter.
(1988 Code, ch. 11, sec. 12.05; 2010 Code, sec. 46-128)
(a) 
Where the operation of a person, firm, or corporation entails the discharge of industrial wastes, a written industrial sewer connection application on a standard form provided by the city manager, setting forth the nature of the operation contemplated or presently carried on, shall be filed with the city manager. The statement shall contain at a minimum, the following information:
(1) 
Name and address of the applicant;
(2) 
Type of industry;
(3) 
Quantity of plant waste;
(4) 
Typical analysis of the waste;
(5) 
Type of pretreatment proposed, if any;
(6) 
Proposed point of discharge.
(b) 
Within 30 days of receipt of such application, it shall be the duty of the city manager to make an order stating such minimum restrictions as in the judgment of the superintendent may be necessary to adequately guard against unlawful uses of the city’s sewage works or discharge to the waters of the state so to recommend that an agreement between the city and the applicant be negotiated as hereinafter described.
(1988 Code, ch. 11, sec. 12.06; 2010 Code, sec. 46-129)
(a) 
Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the building official and shall be located as to be readily and easily accessible for cleaning and inspection.
(b) 
Grease and oil interceptors shall be constructed in accordance with the city standards and shall be impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.
(c) 
When installed, all grease, oil, and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
(1988 Code, ch. 11, sec. 12.07; 2010 Code, sec. 46-130)
(a) 
The admission into the public sewers of wastewater or wastes having the following shall be subject to the review and approval of the superintendent:
(1) 
A five-day biochemical oxygen demand greater than 200 milligrams per liter by weight;
(2) 
Containing more than 200 milligrams per liter by weight of suspended solids;
(3) 
Containing any quantity of substances having the characteristics described in section 13.04.006; or
(4) 
Having an average daily sewage flow of 25,000 gallons or more per day (24 hours) into the sanitary sewer system of the city.
(b) 
In the absence of an agreement with the city which provides specific authorization, a discharger of wastewater which exceeds the prohibitions of section 13.04.006 shall, when demand is necessary in the opinion of the superintendent, provide, at his expense, such preliminary treatment as may be necessary to:
(1) 
Reduce the biochemical oxygen demand to 200 milligrams per liter and the suspended solids to 200 milligrams per liter by weight;
(2) 
Reduce objectionable characteristics or constituents to within the maximum limits provided for in section 13.04.006; or
(3) 
Control the quantities and rates of discharge of such wastewater.
(c) 
Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the superintendent, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
(1988 Code, ch. 11, sec. 12.08; 2010 Code, sec. 46-131)
When required by the superintendent, the owner of any property discharging industrial wastewater shall install a suitable control manhole in the facility’s outfall sewer to facilitate observation, sampling and measurement of the wastewater. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with the city standards. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
(1988 Code, ch. 11, sec. 12.09; 2010 Code, sec. 46-132)
All measurements, tests and analysis of the characteristics of wastewater to which reference is made in sections 13.04.003(c) and 13.04.009 shall be determined in accordance with the standard methods for examination of water and sewage. The tests shall be performed on the samples taken at the control manhole provided for in section 13.04.010.
(1988 Code, ch. 11, sec. 12.10; 2010 Code, sec. 46-133)
No statement contained in this article shall be construed as preventing an agreement or arrangement between the city and any industrial concern whereby an industrial wastewater of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern for the excess cost to the city of handling and treating such industrial wastewater. In the event the city agrees to accept and treat industrial wastewater of unusual strength or character, the charges for such treatment shall be determined as follows:
(1) 
If the volume or character of the waste to be treated by the city will not in the opinion of the superintendent cause overloading of the sewage collection, treatment, or disposal facilities of the city, then, prior to approval of a wastewater discharge of unusual strength or character, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined by the method herein given.
(2) 
If the volume or character of the waste to be treated by the city requires that wastewater collection, treatment, or other disposal facilities of the city be improved, expanded, or enlarged in order to treat the waste, then, prior to approval, the city and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the city may incur due to acceptance of the waste.
(3) 
The agreement entered into pursuant to subsections (1) and (2) of this section shall define an industrial waste charge that may include but not be limited to operation and maintenance costs including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead, and office expense, and amortization of debt incurred as may be appropriate for upgrading the wastewater collection and/or treatment system.
(4) 
The city shall review and may adjust charges at least annually to reflect changes in the characteristics of wastewater discharges based on the results of sampling and testing.
(5) 
Increases in charges determined on the basis of periodic testing of the discharge may be made retroactive at the discretion of the city for two billing periods and shall continue for six billing periods unless subsequent tests determine that the charges should be further increased.
(6) 
The city shall review, at least annually, the basis for determining industrial waste charges and may adjust the unit treatment cost in the formula to reflect increases or decreases in wastewater treatment costs based on the previous year’s actual expenditures for operation and maintenance or other changes in cost factors.
(7) 
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 shall pay monthly in accordance with practices existing for payment of sewer charges.
(8) 
Industrial waste charges shall be calculated by the following formula:
Rate per 1,000 gallons = $/1,000 gallon = R/QA
Where: R = K1 (Qc QA + BC BA + TC TA) + K2 (W + D) (Cq QA/QP + C BA/BP + CT TA/TP)
R
=
Total annual charge to industrial discharge in $/yr.
K1 & K2
=
Percentage modifications to be determined annually by the city council to cover projected increases in operation and maintenance costs and changes in debt service payment.
QA
=
Volume of wastewater from industrial discharger during a preceding 12-month period in million gallons (mg).
QC
=
E(0.20)/QP or that proportion 20% of operation and maintenance expenses (E) considered to be related primarily to flow through the plant, expressed in $/mg.
QP
=
The total flow through the plant during the preceding fiscal year expressed in million gallons (mg).
BA
=
Total BOD discharged by industrial dischargers to the city’s sewer system in the most recent 12-month period preceding a rate calculation, in pounds (lbs.).
BC
=
E(0.50)/BP or that proportion 50% of operation and maintenance expenses (E) considered to be related primarily to treatment of BOD, expressed in $/lb.
BP
=
The total BOD treated by the plant during the preceding fiscal year, expressed in pounds (lbs.).
TA
=
Total TSS (total suspended solids) discharged by industrial discharger to the city’s sewer system in the most recent 12-month period preceding a rate calculation, in pounds (lbs.).
TC
=
E(0.30)/TP or that proportion 30% of operation and maintenance expenses (E) considered to be related primarily to treatment and disposal of solids, expressed in $/lb.
TP
=
The total TSS treated by the plant during the preceding fiscal year, expressed in pounds (lbs.).
W
=
An annual depreciation value equal to 1/20 the original capital cost, including engineering, legal and fiscal cost, of existing major facilities and/or equipment.
D
=
Total of all debt service payments anticipated during the 12 months following the rate calculation that are associated with construction of the wastewater treatment plant and thecollection system.
Cq
=
0.40 or that proportion of the cost 40% of the existing treatment plant assumed as relating to the capacity of the plant in MG/day.
C
=
0.35 or that proportion of the cost 35% of the existing treatment plant assumed as relating to the capacity of the plant to treat BOD.
CT
=
0.25 or that proportion of the cost 25% of the existing treatment plant assumed as relating to the capacity of the plant to treat and dispose of solids.
(1988 Code, ch. 11, sec. 12.11; 2010 Code, sec. 46-134)
The city manager and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this article.
(1988 Code, ch. 11, sec. 12.12; 2010 Code, sec. 46-135)
Steps to be taken when water pollution is detected by the city are as follows:
(1) 
Notice to alleged violator. A letter shall be sent by the city to the alleged offender to note that:
(A) 
Discharge of wastewaters within his property appears to be in violation of law or the rules of the state commission on environmental quality.
(B) 
The city suggests that the alleged violator take immediate steps toward correcting the problem.
(C) 
If the alleged violator finds from his evaluation that he is in violation of law or of the rules of the state commission on environmental quality, he may submit an application for a waste discharge permit from the city and state commission on environmental quality consideration, together with a time schedule for compliance.
(D) 
He shall be requested to contact the city within ten days so that the city can be informed as to what he proposes to do to correct the alleged violation.
(2) 
A copy of the letter giving notice to the alleged violator (described under subsection (1) of this section) shall be sent to the TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. Investigation reports and names of witnesses which are available at that time shall be attached to the letter. A carbon copy will also be sent to the TCEQ, Region 12, 5425 Polk, Houston, Texas 77023.
(3) 
The city shall continue investigation and testing procedures as it feels is necessary to show whether a violation exists.
(4) 
The city may oppose the granting of a waste discharge permit, or may recommend partial granting of such, etc. The city is free to use [sue] the polluter for violations which occurred when the polluter has no waste discharge permit.
(5) 
If the alleged violator is not willing to take effective steps to control his pollution sources, the responsible city authority shall send a letter to the city attorney with a request for his consideration of the information which is enclosed. All investigation reports which have been completed against this alleged violator and lists of witnesses which may be used in the prosecution of a lawsuit, and all test information, should be included. A copy of this letter and attachments shall be sent to the state commission on environmental quality.
(6) 
When the local government files suit in district court pursuant to V.T.C.A., Water Code section 26.124, [sic] the TCEQ is a necessary and indispensable party, and must be served with citation. Note: This information procedure can be varied as circumstances warrant and as experience between the city, the TCEQ, and the attorney general indicates is necessary.
(7) 
Information to be furnished to the city attorney in cases where suit is desired by the city:
(A) 
Metes and bounds description of real estate, together with ownership, volume, and page number and copy of latest conveyance unto the owner.
(B) 
A plan, map, and aerial photograph of the property in question, if available.
(C) 
Names and addresses of all persons in possession: operators and owners.
(D) 
A copy, or original, of the city’s file dealing with the situation and problem.
(E) 
Transcript of the hearing, if any.
(F) 
Witnesses: names, addresses and statements.
(G) 
Copies of reports by experts and investigators.
(H) 
Copy of all waste discharge permits, if any.
(I) 
City’s order requesting the city attorney to file and recommendations.
(J) 
Name and phone number of personnel who will be working with the city attorney on the case.
(K) 
Other information and results of investigations such as photographs, samplings, measurements taken from testing devices or manually, diagrams, models, etc.
(1988 Code, ch. 11, sec. 12.14; 2010 Code, sec. 46-136)
(a) 
Maps, diagrams, and sketches.
(1) 
Accuracy.
The paper must correctly represent the situation as it existed at the time of consideration. It is not necessary that the map or sketch be drawn to scale provided it is a fair representation.
(2) 
Verification.
It is usually held that it is not necessary that the person making the map, diagram or sketch testify as to its correctness, but any person acquainted with the facts may do so.
(b) 
Photographs.
(1) 
Admissibility.
Whenever the appearance of a person, place, or object is relevant, a photograph or picture is admissible to explain the evidence and aid in its application and to assist the court or jury in understanding the case.
(2) 
Accuracy.
The photograph must be a fair and accurate reproduction of the things or conditions as they were when the photograph was taken. Where a photograph is offered, not as a mere general representation of the thing or condition, but to show distances, colors, relative sizes, or locations of objects, it may be very deceptive and misleading; therefore, much more convincing proof of its accuracy is required.
(3) 
Verification.
It is best if the photograph is verified by oath of the photographer who took it; however, sufficient verification may be furnished by the testimony of any competent witness who has sufficient knowledge to testify that the photograph fairly represents what it purports to represent. The presence of a verifying witness when the photograph was taken may be a factor in determining the sufficiency of the accuracy.
(4) 
Notice to adverse party.
It is not essential to the admissibility of the photographs that the adverse party should have been notified of the intention to take them.
(5) 
Inscription on picture.
When an otherwise admissible picture has an inscription on it or on the reverse side of it, before the photograph can be admitted, the handwriting must be identified or concealed so that only the picture itself, and not the message inscribed on it, can be considered as evidence.
(c) 
Samples.
Samples are admissible on an issue as to the properties or qualities of the substances involved in the case where they are sufficiently identified as to their source and that they reflect the condition of the substances or articles as of the time involved in the issues.
(d) 
Documents.
The document must be produced in court together with witnesses to identify it.
(1988 Code, ch. 11, sec. 12.15; 2010 Code, sec. 46-137)
In the investigation of pollution incidents, including unpermitted discharges, spills of oil or other hazardous materials, where legal action against the discharger or person responsible for a spill may result, the investigator shall obtain the following:
(1) 
Names, addresses, phone numbers and positions of all persons who may be responsible for or have knowledge of the discharge or spill.
(2) 
Signed statements, whenever possible, indicating where, when and how the discharge or spill occurred and the extent of the discharge or spill. (In cases where a witness will not sign a statement, his oral statement should be immediately reduced to writing and should be submitted with the investigator’s written report.)
(3) 
Samples of discharged or spilled materials, as well as comparative samples from affected and unaffected water in proximity to the discharge or spill. Sample containers are to be immediately and indelibly labeled with the appropriate sample number by the collector and a chain of custody record attached. (See chain of custody in section 13.04.017.)
(4) 
Photographs at the scene to illustrate the source and extent of pollution. Polaroid photographs of good quality are preferable as evidence and should be immediately labeled with the location, date, time, and a short description of what is being illustrated, and signed by the photographer. If possible, the signature of a witness at the scene should also be obtained for corroborative purposes.
(5) 
License number and other registration of vehicles or vessels involved in pollution incidents. Drivers or operators should be identified and a record made of their names, addresses, employers, and identification.
(6) 
Field notes made at the scene. Since they can be used on the witness stand, the investigator should complete them at the scene and, if possible, have a witness at the scene initial or sign them. Field notes should also contain a sketch of the site with appropriate labeling.
(1988 Code, ch. 11, sec. 12.16; 2010 Code, sec. 46-138)
All samples and other tangible evidence should be maintained in proper custody until disposition or until the samples are dispatched to a laboratory for analysis. A record or sample number, source of sample, time, date, and name of person taking the sample and each person handling the sample will be kept with the sample on a chain of custody record until the sample is delivered to the laboratory. (Placing a sample addressed to the laboratory in the U.S. mail constitutes delivery to the laboratory.) Upon delivery to the laboratory, the chain of custody record should be immediately submitted to the city’s water pollution control office attached to a signed and dated memorandum of transmittal.
(1988 Code, ch. 11, sec. 12.17; 2010 Code, sec. 46-139)
All reports of investigations of water pollution incidents should be completed promptly. The report should include appropriate descriptions, sample data, maps, photographs, etc., to accurately and fully depict:
(1) 
The waste generating activities or the incident in which a spill occurred;
(2) 
The quantitative and qualitative characteristics of the waste generated or the material spilled;
(3) 
The route of the waste or spilled material to the receiving waters;
(4) 
The receiving waters;
(5) 
The effects of the waste or spilled material on the receiving waters;
(6) 
The location of the waste generating activity (include street address, if any) or the location of the spill;
(7) 
The names and addresses of witnesses and complainants willing to provide information;
(8) 
A current list of responsible officials;
(9) 
A list of other agencies concerned in the investigation, such as cities, counties, river authorities, etc.;
(10) 
All other pertinent information.
(1988 Code, ch. 11, sec. 12.18; Ordinance 1998-13, adopted 7/14/98; 2010 Code, sec. 46-140)