As used in this article, the following terms shall have the following definitions:
Approving authority.
The city administrator or his duly authorized representative.
Biochemical oxygen demand (BOD).
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°) centigrade.
Building sewer.
The extension from the building drain to the public sewer or other place of disposal (also called house lateral and house connection).
City.
The City of Bellville, Texas, or any authorized person acting in its behalf.
COD (chemical oxygen demand).
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.
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.
A point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
Garbage.
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.
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 district [as distinct] from normal wastewater.
Industrial waste charge.
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.
Any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.
Normal domestic wastewater.
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 200 mg/l and BOD is not more than 200 mg/l.
Overload.
The imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person.
Includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
pH.
The reciprocal of the logarithm (base 10) of the hydrogen ion concentration expressed in grams per liter.
Public sewer.
A 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.
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.
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.
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.
A public sewer which carries storm and surface waters and drainage and into which domestic wastewater or industrial waste is not intentionally passed.
Stormwater.
Rainfall or any other forms of precipitation.
Superintendent.
The water and wastewater superintendent of the city or his duly authorized deputy, agent or representative.
Suspended solids.
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.
To deposit, conduit [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.
A device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
Unpolluted wastewater.
Water containing:
(1) 
No free or emulsified grease or oil;
(2) 
No acids or alkalis;
(3) 
No phenols or other substances producing taste 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 gases;
(6) 
Not more than ten (10) mg/l each of suspended solids and BOD; and
(7) 
Color not exceeding fifty (50) units as measured by the platinum-cobalt method of determination as specified in Standard Methods.
Waste.
Rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities.
Wastewater.
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.
All facilities for collection, pumping, treatment and disposing of wastewater and industrial wastes.
Wastewater service charge.
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.
Any city-owned facilities, devices and structures used for receiving, processing and treating wastewater, industrial waste and sludges from the sanitary sewers.
Watercourse.
A natural or man-made channel in which a flow of water occurs, either continuously or intermittently.
(1994 Code, sec. 11.1201)
(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.
(1994 Code, sec. 11.1202)
(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 acids, 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/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees Fahrenheit (0 and 65 degrees 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; and
(4) 
Obnoxious, toxic, or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions hereof.
(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 personnel at the wastewater facilities.
(d) 
All waste, wastewater, or other substance 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 discharge to receiving waters.
(1994 Code, sec. 11.1203)
(a) 
No discharges may contain concentrations of heavy metals greater than amounts specified in subsection (b) hereafter.
(b) 
The maximum allowable concentrations of heavy metals stated in terms of milligrams per liter (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
1.0 mg/l
(Note: In determining the concentration parameters to be included in this section, current state, federal and other appropriate agency rules, regulations and orders should be consulted, including Texas Water Quality Board Order No. 70-0828-5, regulating the discharge of hazardous metals into or adjacent to state waters.)
(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, volume 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.
(1994 Code, sec. 11.1204)
(a) 
No 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 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.
(1994 Code, sec. 11.1205)
(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) of this section may be discharged.
(1994 Code, sec. 11.1206)
No person may discharge liquid or vapor having a temperature higher than one hundred fifty degrees (150°) Fahrenheit (65° centigrade), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten degrees (10°) Fahrenheit or more per hour, or a combined total increase of plant influent temperature to one hundred ten degrees (110°) Fahrenheit.
(1994 Code, sec. 11.1207)
(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.
(1994 Code, sec. 11.1208)
(a) 
No person may discharge into public sewers any substance capable of causing:
(1) 
Obstruction to the flow of 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:
(1) 
Concentrations of 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) 
Concentrations of dissolved solids greater than 100 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 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;
(4) 
Render the waste unfit for stream disposal or industrial use.
(f) 
No person may discharge into public sewers solid or viscous substances which may violate subsection (a) of this section if present in sufficient quantity or size, including but not limited to:
(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.
(1994 Code, sec. 11.1209)
(a) 
Unless exception is granted by the approving authority, the public sewer system shall be used by all persons discharging:
(1) 
Wastewater;
(2) 
Industrial waste;
(3) 
Polluted liquids; or
(4) 
Unpolluted waters or liquids.
(b) 
Unless authorized by the state commission on environmental quality, 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 law, regulations, ordinances, rules and orders of federal, state and local governments.
(1994 Code, sec. 11.1210)
(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 may require:
(1) 
Pretreatment to an acceptable condition for discharge to the public sewers;
(2) 
Control over the quantities and rates of discharge;
(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) of this section.
(c) 
The approving authority shall reject wastes when:
(1) 
It determines that a discharge or proposed discharge is included under subsection (a) of this section; and
(2) 
The discharger does not meet the requirements of subsection (a) of this section.
(1994 Code, sec. 11.1211)
(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-equalization, or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.
(1994 Code, sec. 11.1212)
(a) 
Discharges requiring a trap include:
(1) 
Grease, or waste containing grease in excessive amounts;
(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.
(1994 Code, sec. 11.1213)
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 facilities.
(1994 Code, sec. 11.1214)
(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. (Note: The particular analyses involved will determine whether a twenty-four (24) hour composite sample from all outfalls of the premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls. Where applicable, a sixteen (16) hour, eight (8) hour or some other period may be required. Periodic grab samples are used to determine pH.)
(b) 
Examination and analyses of the characteristics of waters and wastes required by this section 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 from BOD [sic], 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.
(1994 Code, sec. 11.1215)
(a) 
Persons making discharges of industrial waste shall pay a charge to cover the 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.
(1994 Code, sec. 11.1216)
(a) 
If the volume or character of the waste to be treated by the city does not cause overloading to sewage collection, treatment, or disposal facilities of the city, then, prior to approval, 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 from the schedule of charges.
(b) 
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.
(c) 
The agreement entered into pursuant to subsection (a) of this section shall include but not be limited to:
(1) 
Amortization of all capital outlay for collecting and treating the waste, including new capital outlay and the proportionate part of the value of the existing system used in handling and treating the waste;
(2) 
Operation and maintenance costs, including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense.
(d) 
Amortization shall be completed in a twenty (20) year period and payment shall include all debt service costs.
(1994 Code, sec. 11.1217)
Industrial waste charges shall be calculated by the “Suggested Industrial Waste Charge Formulas” kept on file in the office of the city secretary.
(1994 Code, sec. 11.1218)
(a) 
The city shall adjust charges at least annually to reflect changes in the characteristics of wastewater based on the result of sampling and testing.
(b) 
Increases in charges shall be retroactive for two (2) 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 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 shall pay monthly in accordance with practices existing for payment of sewer charges.
(1994 Code, sec. 11.1219)
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 quality of discharge without permission of the approving authority;
(2) 
Has discharged the industrial waste at least twelve (12) months prior to the effective date of this article; and
(3) 
Applies for and is granted a permit no later than thirty (30) days after the effective date of this article.
(1994 Code, sec. 11.1220)
(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 thirty (30) 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;
(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 pretreatment facilities; and
(C) 
Sampling and analysis to determine quantity and strength; and
(4) 
Provides a sampling point 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.
(1994 Code, sec. 11.1221)
(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 its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the 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 with 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.
(1994 Code, sec. 11.1222)
(a) 
The city may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:
(1) 
Acids or chemicals damaging to the sewer lines or treatment process are released to the sewer causing rapid 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 industrial customer:
(A) 
Discharges industrial waste or wastewater that is in violation of the permit issued by the approving authority;
(B) 
Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
(C) 
Fails to pay monthly bills for water and sanitary sewer services when due; or
(D) 
Repeats a discharge of 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 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 characteristic from his or her industrial wastes.
(1994 Code, sec. 11.1223)
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.
(1994 Code, sec. 11.1224)
No person may continue discharging in violation of this article beyond the time limit provided in the notice.
(1994 Code, sec. 11.1225)
(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 found in section 1.01.009 of this code.
(b) 
In addition to proceeding under authority of subsection (a) of this section, 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.
(1994 Code, sec. 11.1226)
In addition to sanctions provided for by this article, 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.
(1994 Code, sec. 11.1227)