As used in this article:
Approving authority
means the city manager or his duly authorized representative.
BOD (biochemical oxygen demand)
means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty degrees (20°C) centigrade.
Building sewer
means the extension from the building drain to the public sewer or other place of disposal (also called the house lateral and house connection).
City
means the City of Smithville, Texas, or any authorized person acting in its behalf.
COD (chemical oxygen demand)
means the measure of the oxygen-consuming capacity of inorganic and organic matter present in the water or wastewater expressed in mg/l as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and thus not necessarily correlating with biochemical oxygen demand.
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.
Control point
means the point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Garbage
means the animal and vegetable wastes and residue from preparation, cooking and dispensing of food, and from the handling, processing, storage and sale of food products and produce.
Industrial waste
means the waste resulting from any process of industry, manufacturing, trade or business [or] from the development of any natural resource, or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
Industrial waste charge
means the charge made on those persons who discharge industrial wastes into the city’s sewerage system.
Milligrams per liter (mg/l)
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.
Natural outlet
means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater.
Normal domestic wastewater
means the 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 250 mg/l and BOD is not more than 250 mg/l.
Overload
means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person
means any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association or other legal entity.
pH
means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Public sewer
means the pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.
Sanitary sewer
means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater and other unpolluted wastes are not intentionally passed.
Slug
means any discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of flow, exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
Standard Methods
means the examination and analytical procedures set forth in the latest edition, at the time of analysis, of Standard Methods for the Examination of Water and Wastewater, as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Environment Federation.
Storm sewer
means a public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Stormwater
means rainfall or any other forms of precipitation.
Superintendent
means the water and wastewater superintendent of the city, or his duly authorized deputy, agent or representative.
Suspended solids (SS)
means solids measured in mg/l 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.
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.
Trap
means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes, or other harmful substances.
Unpolluted wastewater
means water containing:
(1) 
No free or emulsified grease or oil;
(2) 
No acids or alkalies;
(3) 
No phenols or other substances producing waste or odor in receiving water;
(4) 
No toxic or poisonous substances in suspension, colloidal state or solution;
(5) 
No noxious or otherwise obnoxious or odorous gas;
(6) 
Not more than an insignificant amount in mg/l each of suspended solids or BOD, as determined by the state commission on environmental quality; and
(7) 
Color not exceeding fifty (50) units as measured by the platinum-cobalt method of determination as specified in Standard Methods.
Waste
means the rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
Wastewater
means a combination of the water-carried waste from residences, business buildings, institutions and industrial establishments, together with any ground, surface and storm water that may be present.
Wastewater facilities
means all facilities for collection, pumping, treating and disposing of wastewater and industrial wastes.
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.
Wastewater treatment plant
means any city-owned facilities, devices, and structures used for receiving, processing, and treating wastewater, industrial waste, and sludges from the sanitary sewers.
Watercourse
means a natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
(1987 Code, ch. 10, sec. 7A; 2001 Code, sec. 13.701)
(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 this article.
(1987 Code, ch. 10, sec. 7B; 2001 Code, sec. 13.702)
(a) 
No discharge to public sewers may contain:
(1) 
Cyanide greater than 1.0 mg/l;
(2) 
Fluoride other than that contained in the public water supply;
(3) 
Chlorides in concentrations greater than 250 mg/l;
(4) 
Gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas; or
(5) 
Substances causing an excessive chemical oxygen demand (COD).
(b) 
No waste or wastewater discharged to public waters may contain:
(1) 
Strong acid, iron pickling waste or concentrated plating solutions, whether neutralized or not;
(2) 
Fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150°F (0° to 65°C);
(3) 
Objectionable or toxic substances exerting an excessive chlorine requirement to such degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials; or
(4) 
Obnoxious, toxic or poisonous solids, liquids or gases in quantities sufficient to violate the provisions of section 13.11.002.
(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/or personnel at the wastewater facilities.
(d) 
All waste, wastewater or other substances containing phenols, hydrogen 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.
(1987 Code, ch. 10, sec. 7C; 2001 Code, sec. 13.703)
(a) 
No discharges may contain concentrations of hazardous metals other than amounts specified in subsection (b) below.
(b) 
The maximum allowable concentrations of hazardous metals, in terms of mg/l, determined on the basis of individual sampling in accordance with Standard Methods, are:
Arsenic
0.05 mg/l
Barium
5.0 mg/l
Boron
1.0 mg/l
Cadmium
0.02 mg/l
Chromium (total)
5.0 mg/l
Copper
1.0 mg/l
Lead
0.1 mg/l
Manganese
1.0 mg/l
Mercury
0.005 mg/l
Nickel
1.0 mg/l
Selenium
0.02 mg/l
Silver
0.1 mg/l
Zinc
5.0 mg/l
(c) 
No other heavy metals or toxic materials may be discharged into public sewers without a permit from the approving authority specifying conditions of pretreatment, concentrations, volumes and other applicable provisions.
(d) 
Prohibited heavy metals and toxic materials include, but are not limited to:
Antimony
Beryllium
Bismuth
Cobalt
Molybdenum
Rhenium
Strontium
Tellurium
Uranyl ion
Herbicides
Fungicides
Pesticides
(1987 Code, ch. 10, sec. 6D; 2001 Code, sec. 13.704)
(a) 
No person may discharge garbage or other solids into public sewers unless it is shredded to a degree that all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than one-half inch (1/2") in any dimension are prohibited.
(b) 
The approving authority is entitled to review and approve the installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater.
(1987 Code, ch. 10, sec. 7E; 2001 Code, sec. 13.705)
(a) 
No person may discharge to public sanitary sewers:
(1) 
Unpolluted stormwater, 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 which unpolluted drainage described in subsection (a) above may be discharged.
(1987 Code, ch. 10, sec. 7F; 2001 Code, sec. 13.706)
No person may discharge liquid or vapor having a temperature higher than 150°F (65°C), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of 10°F or more per hour, or a combined total increase of plant influent to 110°F.
(1987 Code, ch. 10, sec. 7G; 2001 Code, sec. 13.707)
(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 into public sewers.
(1987 Code, ch. 10, sec. 7H; 2001 Code, sec. 13.708)
(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 or facilities; or
(3) 
Excessive loading of treatment facilities.
(b) 
Discharges prohibited by subsection (a) of this section include, but are not limited to, materials which exert or cause concentrations of:
(1) 
Inert suspended solids greater than 250 mg/l, including but not limited to:
(A) 
Fuller’s earth;
(B) 
Lime slurries; and
(C) 
Lime residues;
(2) 
Dissolved solids greater than 750 mg/l, 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 without being effectively treated by normal wastewater treatment processes due to the nonamenability 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 treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(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 effluent unfit for stream disposal or industrial use.
(f) 
No person may discharge into public sewers solid or viscous substances which may violate subsection (a) above if present in sufficient quantity or size, including but not limited to:
Ashes
Cinders
Sand
Mud
Straw
Shavings
Metal
Glass
Rags
Feathers
Tar
Plastics
Bulk solids
Wood
Unground garbage
Whole blood
Paunch manure
Hair and fleshings
Entrails
Paper products, either whole or ground by garbage grinders
Slops
Chemical residues
Paint residues
(1987 Code, ch. 10, sec. 7I; 2001 Code, sec. 13.709)
(a) 
Unless exception is granted by the approving authority, the public sanitary sewer system shall be used by all persons discharging:
(1) 
Wastewater;
(2) 
Industrial waste; and
(3) 
Polluted liquids.
(b) 
Unless authorized by the state commission on environmental quality, no person may deposit or discharge any waste included in subsection (a) above on public or private property or into or adjacent to any:
(1) 
Natural outlet;
(2) 
Watercourse;
(3) 
Storm sewer; or
(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, ordinances, rules and orders of federal, state, and local governments.
(1987 Code, ch. 10, sec. 7J; 2001 Code, sec. 13.710)
(a) 
If discharges or proposed discharges to public sewers may (i) deleteriously affect wastewater facilities, processes, equipment, or receiving waters, (ii) create a hazard to life or health, or (iii) create a public nuisance, the approving authority shall require:
(1) 
Pretreatment to an acceptable condition for discharge to the public sewers;
(2) 
Control over the quantities and rates of discharge; and
(3) 
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) above.
(c) 
The approving authority shall reject wastes when it determines that a discharge or proposed discharge does not meet the requirements of subsection (a) above.
(1987 Code, ch. 10, sec. 7K; 2001 Code, sec. 13.711)
(a) 
If pretreatment or control is required, the approving authority shall review and approve design and installation of equipment and processes.
(b) 
The design and installation of equipment and processes must conform to all 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 facilities in effective operating condition at his own expense.
(1987 Code, ch. 10, sec. 7L; 2001 Code, sec. 13.712)
(a) 
Discharges requiring a trap include:
(1) 
Grease or waste containing grease in amounts that will impede or stop the flow in the public sewers;
(2) 
Oil;
(3) 
Sand;
(4) 
Flammable wastes; and
(5) 
Other harmful ingredients.
(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.
(1987 Code, ch. 10, sec. 7M; 2001 Code, sec. 13.713)
Any person responsible for discharges through a building sewer carrying industrial wastes shall, at his own expense and as required by the approving authority:
(1) 
Install an accessible control manhole;
(2) 
Install meters and other appurtenances to facilitate observation, sampling and measurement of the waste; and
(3) 
Maintain the equipment and facilities.
(1987 Code, ch. 10, sec. 7N; 2001 Code, sec. 13.714)
(a) 
Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the sewage works and determining the existence of hazards to health, life, limb, and property.
(b) 
Examination and analyses of the characteristics of water and wastes required by this article 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, except to detect unauthorized discharges.
(d) 
The city may select an independent firm or laboratory to determine flow, BOD, or 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.
(1987 Code, ch. 10, sec. 7O; 2001 Code, sec. 13.715)
(a) 
Persons making discharges of industrial waste shall pay a charge to cover all cost of collection and treatment.
(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;
(2) 
Payment by the person making the discharge.
(1987 Code, ch. 10, sec. 7P; 2001 Code, sec. 13.716)
Each industry desiring to discharge its waste into the city’s sewer system for treatment shall pay in a pro rata manner its share of the capital cost of the treatment works. Any industry discharging a quantity of waste greater than ten (10) percent of the design of flow or design pollutant loading of the treatment works must enter into a written agreement whereby the industry shall make annual payments to the city.
(1) 
During the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total cost of the treatment facility divided by the recovery period.
(2) 
The industrial cost recovery period shall be equal to thirty (30) years or the useful life of the treatment works, whichever is less.
(3) 
Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one (1) year after such user begins use of the treatment works.
(4) 
An industrial user’s share shall be based on all factors which significantly influence the cost of the treatment works. Factors such as strength, volume and delivery flow rate characteristics shall be considered and included to insure a proportional distribution of the grant amount allocable to industrial use to all industrial users of the treatment works. As a minimum, an industry’s share shall be based on its flow versus treatment works capacity except in unusual cases.
(5) 
If there is substantial change in the strength, volume, or delivery flow rate characteristics introduced into the treatment works by an industrial user, such user’s share shall be adjusted accordingly.
(6) 
If there is an expansion or upgrading of the treatment works, each existing industrial user’s share shall be adjusted accordingly.
(7) 
An industrial user’s share shall not include any portion of the treatment facility cost allocable to unused or unreserved capacity.
(8) 
An industrial user’s share shall not include any firm commitment to the grantee of increased use by such user.
(9) 
An industrial user’s share shall not include an interest component.
(1987 Code, ch. 10, sec. 7Q; 2001 Code, sec. 13.717)
A person discharging industrial wastes into public sewers prior to the effective date of this article may continue without penalty so long as he:
(1) 
Does not increase the quantity or decrease the quality of discharge without permission of the approving authority;
(2) 
Had discharged the waste at least six (6) months prior to the effective date of this article; and
(3) 
Applies for and is granted a permit no later than one hundred fifty (150) days after the effective date of this article.
(1987 Code, ch. 10, sec. 7R; 2001 Code, sec. 13.718)
(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 one hundred twenty (120) days after the effective date of this article on forms supplied by the approving authority;
(2) 
Secures approval by the approving authority of plans and specifications for pretreatment facilities when required; and
(3) 
Has complied with all requirements for agreements or arrangements, including, but not limited to, provisions for:
(A) 
Payment of charges;
(B) 
Installation and operation of the facilities and of pretreatment facilities, if required; and
(C) 
Sampling and analysis to determine quantity and strength when directed by the city; and
(4) 
Provides a sampling point, when requested by the city, subject to the provisions of this article and approval of the approving 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.
(1987 Code, ch. 10, sec. 7S; 2001 Code, sec. 13.719)
(a) 
The superintendent and other duly authorized employees 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 article.
(b) 
Anyone acting under this authority shall observe the establishment’s rules and regulations concerning safety, internal security, and fire protection.
(c) 
Except when caused by negligence or failure of the company to maintain safe conditions, the city shall indemnify the company against loss or damage to their property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the sampling operation.
(d) 
The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter all private properties through which the city holds a negotiated easement for the purposes of:
(1) 
Inspection, observation, measurement, sampling or repair;
(2) 
Maintenance of any portion of the sewerage system lying within the easements; and
(3) 
Conducting any other authorized activity.
All activities shall be conducted in full accordance with the terms of the negotiated easement 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 and source of discharge to the public sewers.
(1987 Code, ch. 10, sec. 7T; 2001 Code, sec. 13.720)
(a) 
The city may terminate water and wastewater disposal service and disconnect a customer from the system when:
(1) 
Acids or chemicals which may damage the sewer lines or treatment process are released to the sewer potentially causing accelerated deterioration of these structures or interfering with proper conveyance and treatment of wastewater;
(2) 
A governmental agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the city’s system that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment; or
(3) 
The customer:
(A) 
Discharges waste or wastewater that is in 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 the service is discontinued pursuant to subsection (a) of this section the city shall:
(1) 
Disconnect the customer;
(2) 
Supply the customer with the governmental agency’s report and provide the customer with all pertinent information; and
(3) 
Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes.
(1987 Code, ch. 10, sec. 7U; 2001 Code, sec. 13.721)
The city shall serve persons discharging in violation of this article with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
(1987 Code, ch. 10, sec. 7V; 2001 Code, sec. 13.722)
No person may continue discharging in violation of this article beyond the time limit provided in the notice.
(1987 Code, ch. 10, sec. 7W; 2001 Code, sec. 13.723)
(a) 
A person who continues prohibited discharges is guilty of a misdemeanor, and upon conviction is punishable by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each act of violation and for each day of violation.
(b) 
The city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharges.
(c) 
In addition to sanctions provided for by this section, 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.
(d) 
The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person negligently, willfully or maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(1987 Code, ch. 10, sec. 7X; 2001 Code, sec. 13.724)