[1]
Editor’s note–Former section 18.03.107 “wastewater
service for nonstandard connections” which derived from section
86-167 of the 1996 Code, was deleted by Ordinance 304 adopted 12/10/14.
This ordinance also provided for the renumbering of the subsequent
sections within this division, which has been done without notation.
(b)
Abandoned sewer tap.
Act.
Alternative wastewater collection system.
Application fee.
Approval authority.
Approved methods.
Austin system.
Austin wastewater capital recovery fee.
Authorized billing and collection agent.
Authorized representative.
(1)
(2)
Best management practice.
Biochemical oxygen demand (“BOD”).
Building (house) drain.
Building permit fees.
Building sewer (also called house lateral or house connection).
Bypass.
Categorical pretreatment standard.
CFR.
Chemical oxygen demand (“COD”).
City administrator.
City of Austin agreement.
City of Austin director.
City of West Lake Hills (city).
City system.
Color.
Commercial customer.
Commercial or nonresidential property.
Comminuted garbage.
Composite sample.
Connection date.
Connection fees.
Cooling water.
Customer.
Daily average limit.
Daily maximum limit.
Developer.
(1)
(2)
(3)
Developer agreement.
Developer agreement shared costs.
Developer costs.
Discharge or indirect discharge.
Drainage water.
Dwelling.
Engineering information request fee.
Excess strength wastewater program.
Excess wastewater.
EPA.
Existing source.
Facility (facilities).
Garbage.
Generator.
gpd.
Grab sample.
Grease.
Grease trap.
Grease trap waste.
Grinder pump and control panel replacement fees.
Grit trap.
Grit trap waste.
Groundwater.
Hold-haul tank.
Impact fees.
Industrial property.
Industrial waste.
Industrial property.
Infiltration water.
Inspection fees.
Instantaneous maximum allowable limit.
Interference.
(1)
(2)
LUE.
Medical waste.
mg/l.
Monthly average limit.
Multiple user facility.
NPDES.
New source.
(1)
(2)
(3)
Noncontact cooling water.
Normal wastewater.
(1)
(2)
(3)
Other waste.
Owner or occupant.
Pass through.
ph.
Phase 3 project.
Point of use.
Pollutant.
Pollution prevention.
(1)
(2)
Preliminary engineering assessment fee.
Pretreatment.
Pretreatment requirement.
Pretreatment standard.
Prohibited waste.
Properly shredded garbage.
RCRA.
Receiving waters.
Residential customer.
Sanitary sewer, sanitary sewer system, city system or system.
Septic or black water pumps and tank waste.
Service deposit.
Severe property damage.
Sewage.
Sewer system.
Significant industrial user.
(1)
(2)
(3)
Slug discharge.
Standard industrial classification (“SIC”).
Standard methods.
Standby reservation rate.
State waters.
Storm sewer.
Stormwater.
Suspended solids (“TSS”).
TCEQ.
Total toxic organics.
TPDES.
Treated water.
Treated water service provider.
Treatment plant upset.
(1)
(2)
(3)
(4)
User or industrial user.
Utility.
Waste.
Wastewater.
Wastewater commission.
Wastewater discharge permit.
Wastewater plan review fee.
Wastewater service area.
Wastewater treatment plant.
Wastewater treatment system.
In this chapter:
A sewer tap that has been disconnected from the building
sewer line.
The Federal Water Pollution Control Act, also known as the
Clean Water Act, title 33 of the United States Code, section 1251
et seq.
A grinder pump system approved by the TCEQ. This system shall
be used in circumstances where the elevation and/or slope of the property
served in relation to the city’s facilities requires the installation
of a pressure system in order to transport the customer’s sewage
to the city’s facilities or in other circumstances as determined
by the city to conform to agreements with the City of Austin.
The charge to set up a new wastewater account which applies
to new city system connections and to new accounts established after
one customer account is closed and a new customer account is opened
at the same service address. The application fee is nonrefundable.
The state commission on environmental quality (“TCEQ”).
The methods for pollutant sampling and analysis set by part
136 of title 40 CFR or procedures approved by the EPA.
All of the wastewater equipment, devises, sewer lines or
pipes, facilities, and real property of the City of Austin, Texas
that are used for the collection, storage, transportation, treatment,
recycling, reclamation, or disposal of wastewater, including, without
limitation, any portion of the connecting facilities, as defined by
the first wholesale wastewater agreement with the City of Austin (“City
of Austin Agreement”), dedicated to and accepted by the City
of Austin.
A charge imposed on each service unit (as measured by water
meter size and number of meters) pursuant to chapter 25-9 of the Austin
City Code, as amended, to generate revenue for funding or recouping
the costs of capital improvements or facility expansions of Austin’s
wastewater system.
The service provider with whom the city contracts to provide
billing and collection services to customers served under this chapter.
The person who may act on behalf of a person discharging
wastewater to the city system. If the user is a corporation, the authorized
representative must be:
The officer of the corporation in charge of a principal business
function, or another person who performs similar policy or decision-making
functions; or
The properly authorized manager of one or more manufacturing,
production, or operation facilities with more than 250 employees or
gross annual sales or expenditures exceeding $25,000,000.00 (in second
quarter 1980 dollars).
A schedule of activities, prohibition of practices, maintenance
procedures, and other management practices to prevent or reduce the
amount of pollution discharged to the city system, including:
The quantity of oxygen consumed in the biochemical oxidation
of organic matter as determined by standard laboratory procedures
for five days at 20 degrees Centigrade and expressed as a concentration
in milligrams per liter.
That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, wastes and other drainage
pipes within the walls of the building sewer beginning two feet outside
the inner face of the building wall or foundation.
Fees for plumbing and/or electrical permit(s) to install
a new or modified wastewater service connection and/or main.
The extension from the building drain to the public sewer
or other place of disposal.
The intentional diversion of a waste stream that contains
prohibited waste from a wastewater treatment system to the city system.
A regulation containing pollutant discharge limits adopted
by EPA under act sections 1317(b) and (c) in title 40 CFR, parts 405–471.
The Code of Federal Regulations.
The oxygen consuming capacity of organic and inorganic matter
present in water or wastewater or other liquid, expressed as the amount
of oxygen consumed from a chemical oxidant as determined by standard
analytical laboratory procedures and expressed in milligrams per liter
(mg/l).
The City Administrator of the City of West Lake Hills, Texas.
The August 22, 2005, Revised Agreement for the Provision
of Wholesale Wastewater Service between the City of Austin and the
city, as it may be amended from time to time.
The Director of the City of Austin’s Water Utility.
The political subdivision or its designated contractor.
The sanitary sewer, sanitary sewer system, or system as defined
in this section of the code.
The optical density at the visual wavelength of maximum absorption,
relative to distilled water in which 100 percent transmittance is
equivalent to 0.0 optical density.
Any customer that is not a single-family residential customer.
Garbage that has been shredded into particles less than one-half
inch in diameter that are carried freely under normal flow conditions
in a sanitary sewer.
A sample that results from a combination of individual wastewater
samples taken at selected intervals based on an increment of either
flow or time.
The date the customer’s point of entry is connected
to the system and service is available to the property, and the effective
date that customer billing for wastewater service to the property
will begin.
The application fee Austin Wastewater Capital Recovery Fee,
service deposit, grinder pump fee (for low pressure connections),
impact fee, and wastewater plan review fee paid by each wastewater
customer to connect to the system or to modify an existing wastewater
connection.
The water discharged from a system of condensation, including
air conditioning, cooling, and refrigeration systems.
The person in whose name the wastewater account is held.
The word “person” includes an individual, firm, company,
corporation, organization, society, government or governmental subdivision
or agency, business trust, estate, trust, partnership, association,
executor, receiver, trustee, lessee and any other legal entity.
A discharge limit based on the average of sample analysis
results taken from an industrial waste source during an operating
day.
The maximum discharge limit for any sample obtained during
a day using approved methods for both sampling and analysis.
A person who or an entity which:
Subdivides a single, legal tract of property into multiple tracts;
Requests more than two taps for wastewater service to a single,
legal tract of property; or
Desires wastewater service for a property(ies) in any zoning
district and who may enter into an agreement with the city to extend
a wastewater main and build one or more service connections.
A construction and conveyance agreement for utility facilities
with the city to extend a wastewater main and build one or more service
connections.
Each developer agreement proposal will be reviewed by the
city to determine whether any project costs should be shared between
the developer and property owners who connect to the developer-built
main during the term of the agreement. Shared costs must be reasonable
and equitable for property owners participating in the agreement and
for property owners who connect to the main during the term of the
agreement. To be eligible, the developer is responsible for providing
a written method or formula for shared costs in the agreement. The
city is responsible for collecting impact fees and any additional
charges to be included in the shared costs, for approving new wastewater
connections after the shared costs are paid, for calculating and issuing
developer reimbursements net of city administrative fees, and for
maintaining records on implementation of shared costs within the term
of the agreement.
All project costs including but not limited to design, engineering,
legal, construction and inspections over and above the amount of impact
fees to extend a wastewater main and its appurtenances from the existing
wastewater main designated by the city to the property owner or applicant’s
right-of-way or stub-out point of connection or to the borders of
such property to be paid by any property owner eligible to connect
to the wastewater system.
The introduction of a pollutant to the city system from a
nondomestic source regulated under the Clean Water Act, 33 U.S.C.A.
sections 1317(b), (c), or (d).
Stormwater; surface water; ground water; roof run-off water;
drainage from downspouts; water from yard drains; water from fountains
and ponds; water from lawn sprays, rainwater leaders, and areaways;
overflows from cisterns and water tanks; swimming pool water; and
swimming pool filter backwash water.
A home, house, mobile home, manufactured home, or any unit
in a multi-unit residential structure. Multi-unit residential structure
does not include an apartment complex with more than four residential
units.
Fee to provide a brief response(s) to a wastewater question(s)
from the city wastewater engineer consultant. City staff will provide
in-kind time and effort to coordinate the request and response(s).
The preliminary engineering assessment fee is nonrefundable.
The requirements of sections 8.04-8.05 of the City of Austin
Agreement and chapter 15-10 of the Austin City Code pertaining to
excess strength wastewater.
More than 250 gallons per inch diameter of pipe per mile
of pipe per day of:
The United States Environmental Protection Agency.
A source of discharge constructed or in operation prior to
EPA publication of a proposed categorical pretreatment standard applicable
to the source if the standard is later promulgated under the Clean
Water Act, 33 U.S.C.A. section 1317.
That portion of the system owned by the city or its agents.
Solid waste from domestic or commercial preparation, cooking,
dispensing, or manufacturing of food or from the handling, storage
and sale of produce.
A person who causes, creates, generates, stores, or otherwise
produces liquid waste, excluding a person storing liquid waste in
a mobile tank or fixed storage tank for temporary storage.
Gallons per minute.
A single sample taken from a waste stream without regard
to the flow in the waste stream over a period not to exceed 15 minutes.
Fats, waxes, oils, and other similar nonvolatile materials
in wastewater, which are extracted by Freon from an acidified sample
using the Partition-Gravimetric method.
A receptacle, structure, or mechanical device used by a generator
to intercept, collect, separate, and restrict the passage of fat,
oil, grease, organic, inorganic, liquid, semi-liquid, semi-solid,
or solid waste from wastewater prior to discharge to the city system.
Fat, oil, grease organic, inorganic, liquid, semi-liquid,
semi-solid, or solid waste collected by and removed from a grease
trap.
The charge to pay a portion of the replacement costs for
a grinder pump and control panel that is damaged or removed by a customer
or customer’s contractor without coordination with the city.
A receptacle, structure, or mechanical device used by a generator
to intercept, collect, separate, and restrict the passage of petroleum-based
oil and grease waste, and inorganic or other solids or semi-solids
from wastewater prior to discharge to the city system.
Petroleum-based oil and grease waste, and inorganic or other
solids and semi-solids collected by and removed from a grit trap.
Subsurface and subsoil water; artesian well water; water
from groundwater remediation sites; and subsurface leachates captured
from municipal landfills.
A storage tank installed to hold industrial waste that must
be hauled to a disposal site and not discharged to the city system.
The capital recovery fee established under chapter 395 of
the Texas Local Government Code to pay a portion of the capital-related
costs of the system.
Those properties whose use is primarily devoted to manufacturing,
fabricating, and processing functions.
Liquid waste and a waterborne liquid, gaseous, or solid substance,
excluding sewage discharged from sanitary conveniences that is not
commingled with wastewater containing industrial waste, discharged
or disposed of from an industrial, manufacturing, trade or commercial
establishment, including a nonprofit organization, governmental agency
or business activity.
Those properties whose use is primarily devoted to manufacturing,
fabricating, and processing functions.
Water that has migrated from the ground into the system prior
to the time that it reaches a point of use.
Fees for plumbing, electrical and system operator inspections
of wastewater infrastructure and appurtenances including but not limited
to mains and individual service connections. Examples of service connection
inspections include yard lines, tap inspections, grinder pump installations,
rough and final electrical inspections, and plumbing inspections.
The maximum concentration or loading of an allowable pollutant,
determined from the analysis of a discrete or composite sample collected
independent of the industrial flow rate and the duration of a sampling
event.
A discharge that, alone or in conjunction with a discharge
from another source, both:
Inhibits or disrupts the city system or the Austin System, their
treatment processes or operations, or their sludge processes, use,
or disposal; and
Causes a violation of the NPDES or TPDES permits, including
an increase in the magnitude or duration of a violation, or prevents
sewage sludge use or disposal in compliance with the most stringent
applicable federal, state, or local regulation.
The acronym for living unit equivalent.
Isolation waste, an infectious agent, human blood and blood
by-products, pathological waste, sharps, a body part, contaminated
bedding, surgical waste, potentially contaminated laboratory waste
or dialysis waste.
Milligrams per liter.
A discharge limit based on the average of sample analysis
results taken during a calendar month using approved methods for both
sampling and analysis.
A building or group of buildings occupied by more than one
person who discharges into the city system.
The National Pollutant Discharge Elimination System for issuing,
modifying, revoking, reissuing, terminating, monitoring, enforcing
permits, imposing and enforcing pretreatment requirements under the
Clean Water Act, 33 U.S.C.A. sections 1317, 1342, and 1345 including
an approved program under 40 CFR part 122.
A building, structure, facility or installation that is or
may be discharging pollutants, constructed after the publication of
a proposed pretreatment standard under the Clean Water Act, 33 U.S.C.A.
section 1317(c) applicable to the source if the standard is later
promulgated, provided that:
The building, structure, facility or installation is constructed
at a site at which no other source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of pollutants
at an existing source; or
The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent
of an existing source at the site, based on the extent the new facility
is integrated with the existing plant, and is engaged in the same
general type of activity as the existing source.
Water used for cooling that does not come into contact with
a raw material, intermediate product, waste product, or finished product.
Wastewater that, after analysis, contains:
A concentration of biochemical oxygen demand in the waste not
exceeding 200 milligrams per liter average over a 24-hour period or
not contributing biochemical oxygen demand at a rate exceeding 1,668
pounds of biochemical oxygen demand per million gallons of wastewater
daily;
A concentration of suspended solids in the waste not exceeding
200 milligrams per liter average over a 24-hour period or not contributing
suspended solids at a rate exceeding 1,668 pounds of suspended solids
per million gallons of wastewater daily; or
A concentration of chemical oxygen demand in the waste not exceeding
450 milligrams per liter average over a 24-hour period or not contributing
chemical oxygen demand at a rate exceeding 3,735 pounds of chemical
oxygen demand per million gallons of wastewater daily.
A solid or viscous substance including ash, cinder, sand,
concrete, mud, straw, shavings, metal, glass, rags, feathers, tar,
asphalt, plastic, rubber, rubber products, wood, whole nonhuman blood,
paunch manure, hair and flesh, entrails, lime slurry, lime residue,
carbide waste, slops, chemical residue, paint residue, asbestos, bulk
solids, grass clippings, or tree trimmings.
A person who owns real property or pays or is legally responsible
for payment of water or wastewater charges made against real property
connected to the city system.
A discharge that exits the city system into the Austin System,
and then exits the Austin System into waters of the United States
in quantities or concentrations that, alone or in conjunction with
a discharge or discharges from other sources, is a cause of a violation
of the City of Austin’s NPDES or TPDES permits, including an
increase in the magnitude or duration of a violation.
A measure of the acidity or alkalinity of a solution expressed
in standard units.
A capital improvements project to build a new force main
to include Hull Circle, Hidden Cove and portions of Westlake Drive
between 1500 and 1700 Westlake Drive, and to deliver sewage to the
point of entry at the City of Austin Los Altos lift station.
The primary location where water is used or sewage is generated;
for example, a residence or commercial or industrial facility.
A substance that alters the physical, thermal, chemical,
radiological or biological quality or properties of water or that
contaminates water to the extent that the water is rendered harmful
to public health, safety or welfare, including: dredged soil; solid
waste; incinerator residue; filter backwash; sewage; garbage; sewage
sludge; munitions; medical wastes; chemical wastes; biological materials;
radioactive materials; heat; wrecked or discarded equipment; rock;
sand; cellar dirt; municipal, agricultural and industrial waste; and
certain characteristics of wastewater (including pH, temperature,
suspended solids, turbidity, color, biochemical oxygen demand, chemical
oxygen demand, toxicity or odor).
The reduction of waste generation at a source including a
practice that:
Reduces the amount of a hazardous substance, pollutant, or contaminant
entering a wastestream or released into the environment before recycling,
treatment, or disposal; or
Reduces a hazard to public health and the environment associated
with the release of a hazardous substance, pollutant, or contaminant.
The charge to receive a review and brief written report from
the city’s wastewater engineer that includes a determination
about whether there is sufficient wastewater capacity available to
add the connection(s) and the general feasibility and range of estimated
costs to design and construct a wastewater main and appurtenances
for the proposed wastewater connection(s). This fee applies only to
properties that must extend a wastewater main to obtain wastewater
service. The fee does not apply to properties that are adjacent to
an existing main. The city may provide in-kind time and effort to
coordinate the request and report. The preliminary engineering assessment
fee is nonrefundable.
The reduction of the amount of pollutants, the elimination
of pollutants, or the alteration of the nature of pollutant properties
in wastewater before discharge or introduction of a pollutant into
the city system, by physical, chemical, or biological process, process
change, or permitted method, excluding dilution unless a pretreatment
standard specifically allows dilution.
A substantive or procedural requirement related to pretreatment
of wastewater discharged to the city system other than a pretreatment
standard.
A prohibited discharge standard, categorical pretreatment
standard, or local limit.
A waste prohibited from discharge to the city system except
in accordance with this chapter.
Garbage that has been shredded to such degree that all particles
will be carried freely under the flow conditions normally prevailing
in public sewers with no particle greater than one-half inch in any
dimension.
The Federal Resource Conservation and Recovery Act, title
42 of the United States Code, section 6922, et seq., and its implementing
regulations.
The waterway into which a wastewater treatment plant operated
by the City of Austin discharges the treated effluent.
A person(s) who receives wastewater service at a single-family
residence or dwelling.
The wastewater system of the city or its agents, including
all pipes or conduits owned, controlled, or subject to the jurisdiction
of the city, designed to collect and transport wastewater from its
retail customers to the point entry into the Austin System and includes
the wastewater service area as defined by the City of Austin Agreement.
Pumps and sewage from holding tanks including vessels, chemical
toilets, campers, trailers, black water tanks and septic tanks.
A sum of money that is held by the city as a pledge from
the customer to pay wastewater bills. The amount of the service deposit
is based on water meter size and is fully refundable if the wastewater
service bill is paid in full after the customer closes their wastewater
account and may be applied to any delinquent balance.
Substantial physical damage to property, damage to a treatment
facility that renders the facility inoperable or substantial and permanent
loss of natural resources not reasonably expected to occur in the
absence of bypass, but not economic loss caused by delays in production.
Human excreta and gray water.
The property necessary to operate the sanitary sewer utility,
including land, wastewater lines and appurtenances, pumping stations,
treatment works, wastewater treatment plants, and general property.
A person subject to a categorical pretreatment standard,
or a person that:
Discharges an average of 25,000 gallons or more daily of process
wastewater to the city system, excluding sanitary wastewater, noncontact
cooling and boiler blow down wastewater;
Contributes a process waste stream that makes up five percent
or more of the average dry weather hydraulic or organic capacity of
an Austin System treatment plant serving the city system; or
Is designated a significant industrial user by the city based
on the user’s potential for adversely affecting the city system’s
or the Austin System’s operation or for violating a pretreatment
standard or requirement.
A discharge of a nonroutine, episodic nature, including but
not limited to an accidental spill or a noncustomary batch discharge.
A standard industrial classification under the Standard Industrial
Classification Manual issued by the office of management and budget.
The latest Edition of Standard Methods for the Examination
of Water and Wastewater, a joint publication of the Water Environment
Federation, the American Water Works Association and the American
Public Health Association.
A temporary monthly wastewater rate including monthly customer
charge and consumption charge that applies to single family residential
and multifamily customers with vacant properties under construction
or substantial remodeling which have active water accounts until the
property receives a final certificate of occupancy and/or passes final
inspection. The stand-by rate ensures that all customers are billed
for ongoing operation and maintenance of the system infrastructure,
and debt service payments for the wastewater program.
Water or “waters in the state” as defined in chapter 26, Texas Water Code.
A sewer owned, controlled, or subject to the jurisdiction
of the city designed to carry storm and surface water, street wash
and drainage water.
A flow occurring during or following a form of natural precipitation
and resulting from the precipitation, including snowmelt.
The total suspended matter that floats on the surface of
or is suspended in water, wastewater, or other liquid that is removable
by laboratory filtering and expressed in milligrams per liter.
The state commission on environmental quality or a successor
agency.
The limit applied to the sum of the concentration of toxic
organics listed in 40 CFR part 122, appendix D, table II.
The Texas Pollutant Discharge Elimination System program
with authority to issue, modify, revoke, terminate, reissue, and enforce
permits and pretreatment standards.
Water treated for human consumption in accordance with standards
set by the state commission on environmental quality.
Any water service utility providing the customer with treated
water.
An inhibition, impairment, or disruption of an Austin System
wastewater treatment plant, its treatment processes or operations,
or its sludge processing, use or disposal that causes or significantly
contributes to:
A violation of the City of Austin’s NPDES or TPDES permits,
including an increase in the magnitude or duration of a violation;
A disruption of sewage sludge use or disposal by the treatment
plant;
A decrease in the quality of the effluent being discharged from
the treatment plant; or
A decrease in the performance of the treatment plant processes
or operations.
A person who contributes, causes, or allows an indirect discharge
of a pollutant.
The City of West Lake Hills, Texas.
One or more pollutants.
Treated or untreated liquids and waterborne waste, drainage
water and sewage from a residential dwelling, commercial building,
industrial and manufacturing facility, or institution that is discharged
to the city system.
An advisory body established under section 18.03.032 which advises the city council on recommended policies and application of policies for the construction, operation and maintenance of the wastewater system.
An annual permit issued by the city administrator authorizing
the discharge of industrial wastewater into the city system under
this chapter.
Fee to coordinate communications and review plans for service
connections and mains including distribution of city specifications
manuals; engineering reviews of submittals to approve wastewater connection
permits; pre-construction meetings; review of existing septic systems
and requirements to decommission them; and monitoring of project inspections
until a new wastewater connection and/or main is approved.
The area for wastewater service as depicted in the city wastewater
collection system map available on the city website.
That portion of the Austin System designed to provide treatment
of wastewater.
All facilities, plans, operating procedures, and best management
practices of a user necessary to achieve compliance with all federal
and state categorical pretreatment standards, local limits, and prohibitions
as outlined in this chapter.
(1996 Code, sec. 86-151; Ordinance 118 adopted 2/27/08; Ordinance 136 adopted 10/22/08; Ordinance 146 adopted 2/25/09; Ordinance 183 adopted 2/10/10; Ordinance
194 adopted 3/10/10; Ordinance 276 adopted 5/22/13; Ordinance 281 adopted 11/26/13; Ordinance 304 adopted 12/10/14; Ordinance
336 adopted 12/14/16; Ordinance 338 adopted 1/25/17; Ordinance 364 adopted 4/11/18)
The city is a Texas type-A general law municipal corporation
exercising powers granted in the Texas Constitution and in the Texas
Water Code, including authority to own and operate a wastewater utility
system. The city provides wastewater collection and retail wastewater
services and has obtained treatment services through a contract with
the City of Austin, Texas, as it may be amended from time to time.
References to “agents” in this division shall include
the City of Austin. The city, in consultation with its wastewater
commission, shall periodically review and adjust sewer rates, and
oversee the management of the wastewater utility system with the goal
of preserving the operational capability of the system and the financial
integrity of the city’s wastewater fund.
(1996 Code, sec. 86-152; Ordinance 118 adopted 2/27/08; Ordinance 276 adopted 5/22/13)
(a)
The city will provide wastewater services in accordance with this
division within the city wastewater service area, as depicted in the
city wastewater collection system map available on the city website.
(b)
The service area may be amended from time to time at the discretion
of the city, subject to approval by regulatory authorities as applicable
and by the City of Austin pursuant to the City of Austin Agreement.
Any amendments will change this division automatically without further
action or proceeding.
(Ordinance 304 adopted 12/10/14; Ordinance 336 adopted 12/14/16)
The city will provide wastewater service to all persons applying
for such service (“applicants”) who comply with the terms
and conditions for service set forth or referenced in this division
regardless of race, creed, color, national origin, sex, or marital
status.
(1996 Code, sec. 86-154)
The rules, regulations, ordinances, and policies (“rules”)
described or referenced in this division apply to the terms and conditions
of wastewater services furnished by the city and may be amended from
time to time by the city council. The city has the authority to deny
or to discontinue services if the applicant or customer fails to observe
these rules, terms or conditions.
(1996 Code, sec. 86-155)
By accepting service, the customer will hold the city and its
agents harmless from any and all claims, liability or damages to persons
or property of the customer or third parties arising from the provision
by the city of wastewater service or caused by service interruptions,
tampering by other customers/users of the city, or failures of the
system.
(1996 Code, sec. 86-156)
It is unlawful for any person to connect to the wastewater system
of the city or the city’s agents without submitting an application
and service agreement with the city for wastewater service, obtaining
the approval of the city to connect to the system, permanently disconnecting
from their existing sewage disposal system(s), paying connection fees
in full or pursuant to an approved payment plan, and registering as
a customer with the city’s authorized billing and collection
agent. For existing connections, wastewater service will automatically
be transferred to a new property owner or tenant in conjunction with
a request for water service and the customer will complete a new wastewater
service application and service agreement.
(1996 Code, sec. 86-157; Ordinance 118 adopted 2/27/08; Ordinance 143 adopted 1/14/09; Ordinance 304 adopted 12/10/14)
Customers who have gravity wastewater connections shall maintain,
at their own expense, service lines on their property necessary for
the provision of wastewater service from the city’s system.
The city or its agents shall maintain the service lines for customers
with alternative wastewater collection systems including the grinder
pump and the grinder pump service line to the point of entry into
the city system. Any wastewater facilities existing or to be constructed
on the property up to the point of entry at the grinder pump including
the gravity service line(s) from the improvements to the grinder pump(s),
clean out(s), electrical service to the grinder pump control panel(s)
and continuing maintenance of black water tanks and pumps, if any,
shall be the responsibility of the customer.
(1996 Code, sec. 86-158; Ordinance 136 adopted 10/22/18; Ordinance 282 adopted 12/11/13)
(a)
The provision of wastewater service shall be conditioned on compliance with the items listed in subsection (c) below.
(b)
Customer shall correct any plumbing practices that do not comply
with city rules or state laws or regulations within 60 days of becoming
aware of the noncompliant plumbing practice or within 60 days of receipt
of a notice from the city administrator. The customer notified under
this section shall provide the city administrator with written notice
of compliance no later than the fifth day after the date the repair
work is completed.
(c)
Noncompliant plumbing practices include, but are not limited to,
the following:
(1)
No plumbing fixture shall be installed that does not comply with
the Uniform Plumbing Code.
(2)
No plumber or other person except those approved by the city shall
be allowed to tap any main or line of the wastewater system.
(3)
It shall be unlawful for any person to make or cause to be made any
sewer connection except as provided in this division.
(4)
No person shall break or remove any portion of any building sewer
without approval of the city. Such building sewer will be inspected
by the city to assure that the building sewer has been constructed
to prevent surface water from entering the sewer system.
(5)
Abandoned sewer taps must be plugged in such a manner to prevent
ground or subsurface drainage from entering the sewer main. All such
taps must be plugged at a depth below the ground surface of not less
than one foot to prevent damage to the house lateral and sewer main.
If service is restored at the same location, the reconnection fee
for an abandoned sewer tap shall be paid. If the abandoned tap is
not used to restore service at the same location a regular connection
fee shall be paid.
(6)
No plumbing fixture, sewer tap or line defect or leak shall be permitted
that allows excess wastewater, drainage water, or runoff to enter
or infiltrate the sanitary sewer system.
(d)
Except as otherwise stated in this division or the service agreement,
the customer will, at its own expense, maintain, test, and repair
all equipment and lines on its own premises as required by the city
or its rules. The customer will provide copies of all testing maintenance
records to the city as required.
(1996 Code, sec. 86-159)
The city will make all reasonable efforts to prevent interruptions
of service. If interruptions occur, the city will reestablish service
within the shortest practicable time. The city and its agents will
not be liable to customer or any third parties for interruption of
service.
(1996 Code, sec. 86-160)
The city will plan, furnish, and maintain collection facilities
as required by state commission on environmental quality (“TCEQ”)
standards. However, the city and its agents shall not be liable for
any damages to property of any customer or third parties arising from
the city’s provision of wastewater collection services or the
inability to provide wastewater service.
(1996 Code, sec. 86-161)
(a)
Except as allowed for multiple connection service as provided in section 18.03.114, one paid connection or tap for each residence and dwelling for human habitation is required for wastewater services.
(b)
The wastewater connection is for the sole use of the customer and
is to provide service as identified below. Extension of pipe(s) to
transfer wastewater service from one property to another is prohibited.
(c)
If property with more than one dwelling and a single connection is
to be subdivided, the developer of the subdivided property must obtain
a connection to serve each individual property.
(d)
The customer must convey to the city all easements or right-of-ways necessary to provide wastewater services to the property prior to being connected to wastewater service. Notwithstanding the foregoing, requests for extensions to serve developer property are also subject to the requirements of section 18.03.115.
(1996 Code, sec. 86-162; Ordinance 123 adopted 5/28/08; Ordinance adopting Code)
(a)
The obligation of the city to receive wastewater into the system
depends upon compliance by the customers with the provisions of this
section. For the city to properly transport wastewater, to protect
the public health and sanitation, to comply with City of Austin requirements,
and to permit cooperation with other agencies which have requirements
for the protection of the physical, chemical and bacteriological quality
of public water and water courses, and to protect the properties of
the system, the customer shall comply with the requirements of this
chapter.
(1996 Code, sec. 86-163)
If discharges or proposed discharges to the city system may
deleteriously affect wastewater collection facilities, equipment or
receiving waters; create a hazard to life or health; or create a public
nuisance, the customer shall pre-treat to an acceptable condition
prior to discharge to the city system.
(1)
Requirements for cleaning grease traps.
A person who
discharges wastewater from a grease trap into the city system shall:
(A)
Completely remove all fat, oil, or grease waste, other liquid waste,
semi-solid or solid and residue from the grease trap when the grease
trap is cleaned; and clean the grease trap the earlier of:
(B)
The city administrator may reduce the cleaning frequency requirement
in writing if the city administrator determines, based on written
documentation submitted by the customer, that the reduced cleaning
frequency does not contribute to or cause a violation of this section
and the city may increase the cleaning frequency requirement in writing
if the city administrator determines, based on the frequency and type
of grinder pump or lift station repairs, that a more frequent pumping
of the grease trap is required.
(C)
A person cleaning a grease trap shall dispose of the waste removed
from a grease trap in accordance with federal, state, and local regulations.
(D)
Each property owner or their designated representative is responsible for sending a copy of the grease trap pumping manifest to the city wastewater program no more than fifteen (15) days after the approved pumping schedule deadline. If the property owner or representative fails to have the grease trap pumped by the deadline, the city will issue a citation to the tenant, property manager and/or property owner and the city will assess an administrative fee to the wastewater customer as provided in appendix A of this code. If the property owner or representative pumps the grease trap on schedule but fails to send a copy of the pumping manifest to the city no more than fifteen (15) days after it is pumped, the city will charge an administrative fee to the wastewater customer as provided in appendix A of this code.
(2)
Requirements for cleaning grit traps.
(A)
A person who discharges wastewater from a grit trap into the city
system shall completely remove all oil and grease waste, other liquid
waste, semi-solid, or solid and residue from the grit trap when the
grit trap is cleaned.
(B)
A person cleaning a grit trap shall dispose of the waste removed
from a grit trap in accordance with federal, state, and local regulations.
(C)
The city administrator may establish other cleaning requirements
for grit traps as necessary to protect the city system.
(3)
All liquid waste haulers will be responsible for complying with federal,
state and City of Austin rules and regulations.
(1996 Code, sec. 86-164; Ordinance 194 adopted 3/10/10; Ordinance 364 adopted 4/11/18)
(a)
In those circumstances where the location of the property requires
customer installation of a grinder pump in order to transport customer’s
sewage to the city’s system, the city shall determine the type
and size of grinder pump to be installed. The customer shall be responsible
for purchasing the grinder pump through the city and all costs associated
with the initial cost of the grinder pump and service line, and for
complying with city specifications for the initial installation and
inspection of the grinder pump and service line, unless the service
connection is included under a city contract or side agreement.
(1)
A single-family residence with less than seven toilets requires one
residential grinder pump and a single-family residence with seven
or more toilets requires a duplex grinder pump.
(2)
A duplex requires one duplex grinder pump or two single-family residential
grinder pumps.
(3)
Multifamily units, apartments and nonresidential buildings require
at least one duplex grinder pump.
(b)
Once the grinder pump and service line are installed, they will become
the property of the city or its agents and the alternative wastewater
collection system shall be regarded as an integral component of the
city’s system and not as a part of the home plumbing for the
property as required by the regulations of the TCEQ.
(c)
The city’s maintenance and operations company will maintain
and repair the grinder pump and service line on behalf of the city.
Customers will immediately notify the city’s maintenance and
operations company upon discovery of any alarm or possible malfunction
of the grinder pump or service line.
(d)
The city maintenance and operations company will have the right to
stop any discharges from the grinder pump in order to prevent contamination
of state waters.
(e)
The city and its maintenance and operations company will have the
right to enter the customer’s property at any time, in case
of an emergency, and at all other reasonable times, in a nonemergency
case, to inspect, test, operate, maintain and repair the grinder pump
on behalf of the city, as well as to stop discharge from the grinder
pump to prevent contamination of state waters.
(f)
The city and its maintenance and operations company shall have the
right of access to repair and perform maintenance on any alternative
wastewater collection system component, and utility-owned on-site
collection system component, to protect the integrity or operation
of the alternative system. Costs of repairs or maintenance of grinder
pump systems and service lines will be included in the annual system
operations budget prepared by the city or its agent unless the repair
or maintenance is due to the customer’s abuse, misuse or unauthorized
repair of the grinder pump or service line. This includes but is not
limited to damage to the grinder pump caused by the customer’s
agent or contractor, irrigation companies or remodeling contractors.
Customers are not allowed to cover grinder pump lids with planters,
decks or walkways or any other objects or structures which inhibit
access to the unit. Customers will be responsible for paying additional
labor costs required to remove prohibited items during service calls.
City is not liable for damage to prohibited items and will not replace
items.
(g)
Customer shall be responsible for following manufacturer’s
instructions in operating the grinder pump. It is allowed to release
human excreta, toilet paper and gray water. It is not allowed to release
prohibited materials such as, but not limited to, glass, seafood shells,
eggshells, goldfish stone, diapers, socks, rags or cloth, plastic
materials, unbreakable materials, compressed or woven materials, baby
wipes, flushable or disposable cleansing cloths, cleaning wipes, sanitary
products, paper towels, medical waste, construction debris such as
mortar and cement dust, kitty litter, explosives, strong chemicals,
flammable materials and liquids, oil and grease and metals. A customer
whose grinder pump must be repaired due to the customer’s release
of prohibited waste shall be responsible for actual costs incurred
as a result of the violation. If a service call includes de-ragging
a clogged grinder pump, the customer shall be charged for the service
call including pumping and hauling costs.
(h)
The city and its maintenance and operations company shall maintain
the alternative wastewater collection system. The customer is prohibited
from hiring any third party to maintain the alternative wastewater
collection system or attempting to personally make any such repairs
to the system. The customer is prohibited from tampering with or moving
the alternative wastewater collection system or building over or damaging
service lines or allowing any third party to do same. A customer whose
grinder pump or service line must be repaired after unauthorized maintenance
or tampering shall be responsible for actual costs incurred as a result
of the violation.
(i)
The customer shall be responsible for supplying power to the grinder
pump and for all costs associated with supplying power associated
with the operation of the grinder pump. If the city or its maintenance
and operations company responds to a service call for a grinder pump
repair that is due to a power outage, the customer or customer’s
agent turning off or disconnecting power to the grinder pump, or insects
getting into the control panel, the customer may be responsible for
actual costs incurred for the service call, including any damage to
the grinder pump as a result of the violation.
(j)
A shut-off valve shall be installed in the grinder pump wet well
on the discharge line. A shut-off valve and check valve shall be installed
on the low pressure service line on the customer’s side of their
property line. A shut-off valve shall be installed on the low pressure
service line in the city-owned right-of-way or easement between the
property and main. The city and its maintenance and operations company
shall have the right to access each shut-off valve at all times.
(k)
The city and its maintenance and operations company shall manage
any residual materials that may be generated by use of the grinder
pump, including collection, transportation, and disposal of the residual
materials.
(l)
Failure of the customer to allow the city and its representatives
to enter customer’s property, as set forth herein, shall be
grounds for the disconnection of water service to the property.
(m)
The customer (or customer’s contractor) is required to obtain
a building permit to alter any part of the alternative wastewater
connection including low pressure service line or stub-out to the
main. The city will provide a construction specifications manual to
the customer or customer’s contractor. Customer or contractor
will be responsible for submitting plans for review and approval by
the city engineer for a permit to alter an existing wastewater connection
and for passing inspections for any changes to the wastewater connection.
For projects requiring a certificate of occupancy, the final certificate
of occupancy will not be approved until after all inspections have
been passed. For projects that do not require a certificate of occupancy,
the surety bond will not be refunded until after all inspections have
been passed.
(n)
Each customer with an existing alternative wastewater connection
who applies for a building permit that will modify or alter the grinder
pump or grinder pump location will be required to purchase a new grinder
pump through the city. The building permit will not be approved until
grinder pump connection fees have been paid.
(o)
The customer or customers’ contractor also will be responsible for coordinating with the city to remove the existing grinder pump and control panel so the equipment can be inspected and either returned to the city’s grinder pump inventory or decommissioned. If the customer or customer’s contractor fails to coordinate with the city to remove the existing grinder pump and control panel and the equipment is missing or damaged, the customer will be charged the grinder pump and control panel replacement fee as provided in appendix A.
(p)
The customer or customer’s contractor will be responsible for
requesting city authorization to schedule new grinder pump start-ups
and inspections, including submission of the grinder pump start-up
checklist. The authorized grinder pump provider is solely responsible
for grinder pump start-ups and inspections and issuing warranties.
If a grinder pump is not started up and inspected by the authorized
grinder pump provider, the grinder pump warranty may be voided and
the customer will be responsible for paying all expenses including
but not limited to damage to the grinder pump and replacement of the
grinder pump.
(q)
If the new grinder pump installation fails inspection, the customer
will be responsible for paying for reinspections and any other related
costs.
(r)
Each customer is responsible for ensuring all of their obligations
under this article are met regardless of whether those obligations
are met by the customer directly or by a contractor designated by
the customer.
(1996 Code, sec. 86-165; Ordinance 136 adopted 10/22/08; Ordinance 149 adopted 4/29/09; Ordinance 212 adopted 12/8/10; Ordinance 276 adopted 5/22/13; Ordinance
282 adopted 12/11/13; Ordinance 293 adopted 5/14/14; Ordinance 304 adopted 12/10/14; Ordinance 336 adopted 12/14/16; Ordinance
338 adopted 1/25/17)
The city or its representatives will have the right of access
to the customer’s premises at all reasonable times for the purpose
of installing, inspecting or repairing all components used in connection
with its providing wastewater service, or for the purpose of removing
its property and disconnecting service including discontinuance of
water service. This right of access shall include the right to discontinue
water service for nonpayment of wastewater bills if the city enters
into an agreement with the customer’s water utility provider.
If the city or its agents find that access is blocked as a result
of an act or omission of the customer, the customer will be responsible
for paying for the service call and for removing any barriers to the
alternative wastewater collection system.
(1996 Code, sec. 86-166; Ordinance 118 adopted 2/27/08; Ordinance 304 adopted 12/10/14)
The city may adopt additional rules, regulations, ordinances
or policies (“rules”) that are applicable to the wastewater
service herein described and which rules may be amended from time
to time. Such rules as amended from time to time, are adopted and
incorporated into this division by reference for all purposes. Copies
of all rules are available upon request by the customer.
(1996 Code, sec. 86-168; Ordinance 304 adopted 12/10/14)
Notwithstanding any provision in this division, customers shall not discharge any waste to the system that violates any wastewater discharge permit issued by the city under this chapter, or would cause the city to violate the terms of the City of Austin Agreement or any local, state or federal wastewater discharge permit or regulation. Such discharge shall constitute grounds for discontinuance of service as specified in section 18.03.112 herein. Further, customers shall be responsible for payment of any applicable wastewater discharge violation surcharges as specified in section 18.03.113 and section 18.04.047 of this chapter.
(1996 Code, sec. 86-169; Ordinance 304 adopted 12/10/14)
In the event that any of the terms or conditions of this division,
or the application of any such term or condition, shall be held invalid
as to any person or circumstances by any court of appropriate jurisdiction,
the remainder of such division, and the application of its terms and
conditions to wastewater service customers, shall not be affected
thereby.
(1996 Code, sec. 86-170; Ordinance 304 adopted 12/10/14)
(a)
An application fee as provided in appendix A to this code will be charged to set up a new wastewater account. This applies to new wastewater system connections and to new accounts established after one customer account is closed and a new customer account is opened at the same address.
(b)
At the time the application for wastewater service is made, the applicant must pay to the city a service deposit in the amount as provided in appendix A to this code as a condition for providing or reserving wastewater service by the city.
(c)
When an existing wastewater account is transferred to a new customer, the new customer must complete a new wastewater service application and service agreement, pay the application fee, and remit to the city the applicable service deposit in the amount set forth in subsection (b) above. If a service application and service agreement are not returned, the city may charge an administrative service fee and the customer’s water service may be disconnected until the application and service agreement are returned.
(d)
If service is not connected, or after disconnection of service, the
city will promptly refund the applicant’s or customer’s
service deposit, if any, in excess of the unpaid bills for service
furnished after the customer closes the account. The city may charge
a force final fee if the customer does not notify the billing agent
to close the account. The city may deduct costs to repair grinder
pump damage caused by abuse or neglect by the customer or customer’s
agent from the deposit.
(e)
If a customer is sent a letter(s) for nonpayment of wastewater bills, is referred to a collections agency, and/or disconnected due to nonpayment of wastewater bills, the customer’s new deposit will be set at 200 percent of the then-current new customer deposit as specified in subsection (b):
(f)
City may provide for deposit amounts that differ from those listed
above through separate individual contracts approved by the city council.
(g)
When an owner or tenant of a property connected to the wastewater
system opens a new water service account, it is assumed that wastewater
service is available to the property. The owner or tenant will be
responsible for submitting an application and service agreement, paying
the application and service deposit fees and paying monthly wastewater
bills. Wastewater service will be discontinued if water service is
discontinued.
(h)
When an existing customer vacates a property temporarily or when
a new customer or customer’s agent obtains a building permit
for new residential or multifamily construction or substantial remodeling,
the city will require the customer, property owner or contractor to
pay a monthly standby rate if the property has water service until
the property receives a final certificate of occupancy and/or passes
final inspection. The standby rate is required regardless whether
the property is physically connected to the system during the project.
(1996 Code, sec. 86-171; Ordinance 118 adopted 2/27/08; Ordinance 123 adopted 5/28/08; Ordinance 143 adopted 1/14/09; Ordinance 146 adopted 2/25/09; Ordinance
183 adopted 2/10/10; Ordinance adopting Code; Ordinance 212 adopted 12/8/10; Ordinance
304 adopted 12/10/14; Ordinance 364 adopted 4/11/18)
(b)
Bill calculation.
(1)
For residential customers:
(A)
The city will calculate retail wastewater flow for each customer
based on the average monthly water usage calculated from the customer’s
meter readings in January, February and March, herein called average
winter water usage, or as amended by the City of Austin.
(B)
If a residential customer does not have acceptable meter readings
for the preceding January, February and March, the customer’s
monthly wastewater bill shall be set at an annual default wastewater
average which is 5,000 gallons.
(C)
If the residential customer has installed a separate irrigation meter
and the irrigation meter is connected to all other systems outside
the residence requiring water including but not limited to sprinkler
systems and swimming pools, the wastewater flow charge is based on
100 percent of the amount of water consumed by the residential customer
as measured by the potable water meter.
(D)
If the residential customer has installed a water well and it is
connected to all other systems outside the residence requiring water
including but not limited to sprinkler systems and swimming pools,
the wastewater flow charge is based on 100 percent of the amount of
water consumed by the residential customer as measured by the potable
water meter.
(2)
Bills for wastewater service, including paperless bills, will be
sent monthly. The due date of bills for wastewater service will be
stated on the bill. Payment for wastewater service will be considered
late if full payment, including late fees, regulatory assessment fees,
etc., is not received at the city’s authorized payment agency,
either manually or electronically, by the due date. If the due date
falls on a holiday or weekend, the due date for payment purposes will
be the next workday after the due date. Bills that are still unpaid
90 days after the due date may be referred to a collections agency.
In the event of a dispute between a customer and the city regarding
any bill for wastewater service, the city will conduct an investigation
and report the results to the customer.
(3)
If a customer is undercharged, the city may backbill the customer
for the amount which was underbilled.
(1996 Code, sec. 86-172; Ordinance 118 adopted 2/27/08; Ordinance 123 adopted 5/28/08; Ordinance 128 adopted 8/27/08; Ordinance 149 adopted 4/29/09; Ordinance
174 adopted 8/26/09; Ordinance 212 adopted 12/8/10; Ordinance 221 adopted 8/24/11; Ordinance 234 adopted 12/14/11; Ordinance
248 adopted 6/6/12; Ordinance 279 adopted 9/25/13; Ordinance 304 adopted 12/10/14; Ordinance 364 adopted 4/11/18)
(a)
Denial or disconnection of service; notice.
(1)
The city may decline to serve an applicant until the applicant has
paid all applicable fees, executed all necessary forms and agreements,
complied with the terms of this division and any other applicable
rules of the city.
(2)
The city may refuse services to an applicant if serving the property
is prohibited by federal, state and local law including certification
of compliance with local plat requirements prior to connection with
water, wastewater, electricity, gas, or other utility service.
(3)
The city shall not refuse service on the basis of race, color, national
origin, religion, sex, age, or handicap.
(4)
In addition to the reasons above, wastewater service may be denied
or disconnected, and water service may be disconnected, for any of
the following reasons:
(A)
The customer fails to provide reasonable access to property to connect
service.
(B)
The customer fails to upgrade facilities to standards required by
state or federal law or regulations.
(C)
The customer does not:
(i)
Enroll as a customer with the authorized billing and collection
agent;
(ii)
Return a signed application and service agreement to the city;
(iii)
Grant required easements or rights-of-way to the city;
(iv)
Pay the regular, entire, or approved payment plan for past due
monthly wastewater charges amount by the due date, and within; fourteen
days after sending of notice of discontinuance; or
(v)
Pay connection fees or service deposit in full or pursuant to
an approved payment plan.
(D)
The customer is in violation of this division, the application and
service agreement, construction agreement, if applicable, wastewater
discharge permit, if applicable, or any existing or future applicable
ordinances, rules or other regulatory requirements, relating to water
conservation or the pretreatment of wastewater.
(E)
The city determines that providing services will exceed the capacity
of the wastewater system.
(F)
Service to the customer would cause the city to violate the City
of Austin Agreement; or
(G)
City administrator determines that a substantial waste of water,
or a health hazard, is occurring as a result of leaking, damaged,
open, or disconnected private laterals, pipes, or drains on the premises.
(b)
Disconnection of wastewater service without notice.
Wastewater service may be disconnected without prior notice despite subsection (k):
(c)
Reconnection of wastewater service.
The city will reconnect
wastewater only after the customer pays all past due bills and any
other outstanding charges or corrects the conditions which caused
service to be disconnected.
(d)
Charges for services.
Rates and charges for wastewater
services rendered by the city shall be billed to the customer of such
services. The authorized billing and collection agent shall send the
customer a monthly bill including, but not limited to:
(1)
The customer account number;
(2)
The customer name;
(3)
The customer service address;
(4)
The dates of the service period;
(5)
The payment due date for on-time payment (a minimum of ten days after
last day of service period);
(6)
The total amount due if the bill is paid by the due date (the total
including an itemization of any and all previous delinquent charges
and penalties, if any); and
(7)
The total amount due if payment is made after the due date.
(e)
Delinquency.
Except where otherwise provided by application
between the customer and the city, charges for services become delinquent
if payment is not received by the authorized billing and collection
agent on or before the due date.
(f)
Penalties.
After the due date, the customer must pay
the bill amount plus a ten-percent late fee penalty.
(g)
Penalties after referral to collections.
If the customer
is referred to a collections agency, the customer must pay the bill
plus a ten percent late fee penalty plus a city collections fee equal
to ten-percent of the total past due charges plus the collections
agency fee.
(h)
Notice of delinquency.
The city administrator shall
send the customer a notice of delinquency entitled “termination
notice,” informing the recipient that failure to pay past due
wastewater charges will result in termination of water service; and
that water service will not be reconnected until all past due and
currently due wastewater sewer service charges and the wastewater
sewer disconnection and reconnection fees are paid. The termination
notice shall not be sent until after the customer has unpaid wastewater
bills that are at least 30 days overdue and amount to $100.00 or more.
The notice will include, though not limited to:
(1)
Notice date (date sent);
(2)
The customer account number;
(3)
The customer name;
(4)
The customer service address;
(5)
The dates of the service period;
(6)
The amount due for services rendered (including all previous delinquent
charges, plus penalty);
(7)
Means by which customer may dispute delinquency;
(8)
The payment due date to prevent disconnection (fourteen days from
notice date);
(9)
The intended date of disconnection if payment is not received 14
days from notice date;
(10)
Disconnection and reconnection fees that will be required to restore
water and wastewater service if service is disconnected;
(11)
Authorized billing and collection agent and city address, hours,
and phone number for payment; and
(i)
Bill not received.
Failure to receive a bill from the
authorized billing and collection agent does not relieve a customer
or other person liable for charges under this division from having
to pay for such service.
(j)
Bill from prior customer.
The city administrator may
not require a customer to pay for utility service previously furnished
to another customer at the same service connection as a condition
of connecting or continuing service.
(k)
Restoration of service.
Discontinued service will not
be restored until the customer or other person who has or accepts
legal responsibility for violations committed or charges unpaid either
pays all charges due (including the charges to restore connections),
makes arrangements for payment satisfactory to the city administrator,
or, where applicable, ceases violation of the particular code provision
in question. The decision to restore service while delinquent charges
or code violations still exist rests solely with the city administrator.
(l)
Notice of discontinuance.
Before discontinuing service
for reasons other than nonpayment, the city administrator must notify
a customer of discontinuance, via a notice entitled “Termination
Notice,” that includes the following information:
(1)
The notice must be sent at least 14 days before discontinuance and
include the intended date of disconnection;
(2)
The notice must provide a statement of reasons for cutoff and a statement
of delinquent charges due, where applicable;
(3)
The notice must provide a time, place, and means by which the customer
may cure the delinquency or violation, or dispute the validity of
the reasons for discontinuance;
(4)
Disconnection and reconnection fees that will be required to restore
water and wastewater service if service is disconnected; and
(5)
The notice may be served either in person or by mail.
(m)
Cumulative remedies.
Enforcement of this section does
not waive any additional remedies, civil or criminal, available to
the city under law.
(1996 Code, sec. 86-174; Ordinance 118 adopted 2/27/08; Ordinance 123 adopted 5/28/08; Ordinance 143 adopted 1/14/09; Ordinance 146 adopted 2/25/09; Ordinance
304 adopted 12/10/14; Ordinance 336 adopted 12/14/16; Ordinance 364 adopted 4/11/18)
(a)
Administrative service fee.
A fee as provided in appendix A to this code will be charged to a customer who fails to submit a wastewater service application and/or service agreement, or who fails to timely submit a complete application and/or service agreement to meet a deadline set by the city. A fee as provided in appendix A to this code will be charged to a customer who is sent a termination notice for nonpayment of wastewater bills, connection fees or excess usage charges. A fee as provided in appendix A to this code will be charged to a property owner or agent or customer who fails to pump the grease trap quarterly or on an alternate schedule approved by the city or who pumps the grease trap timely but fails to send the city a copy of the pumping manifest within fifteen (15) days of the date the grease trap was pumped.
(c)
Returned instrument fee.
In the event a check, draft, credit card or any other similar instrument is given by a person, firm, corporation, or partnership to the city for payment of services provided for in this schedule, and the instrument is returned by the bank or other similar institution as insufficient or non-negotiable for any reason, the treated water service account for which the instrument was issued shall be assessed a returned instrument fee as provided in appendix A to this code.
(d)
Equipment damage fee.
If the city’s facilities
or equipment have been damaged due to tampering, negligence or unauthorized
use of the city’s equipment or right-of-way, or due to other
acts for which the city incurs losses or damages, the customer shall
be liable for the actual costs for all labor, material, and equipment
necessary for repair, replacement, or other corrective actions by
city. This fee shall be charged and paid before service is re-established.
If the city’s equipment has not been damaged, a fee equal to
the actual costs for all labor, material, equipment, and other actions
necessary to correct service diversion, unauthorized taps, or reconnection
of service without authority shall be charged. All components of the
fee will be itemized, and a statement shall be provided to the customer.
(e)
Door tag fee.
If a door tag is ordered in conjunction with the notice of delinquency (termination notice), the city shall charge a door tag fee as provided in appendix A to this code.
(f)
Disconnect fee.
The city will charge a disconnect fee to disconnect water service due to nonpayment of wastewater bills or other charges or failure to comply with other wastewater ordinances. The disconnect fee shall be as provided in appendix A to this code.
(g)
Reconnect fees.
The city will charge a reconnect fee to restore service previously disconnected where water service is discontinued due to nonpayment of wastewater bills or other charges, or failure to meet wastewater quality standards or a disconnection due to failure to comply with other wastewater ordinance provisions. The reconnect fee shall be as provided in appendix A to this code plus any past due balances owed for wastewater service at the time of disconnection.
(h)
Collections fee.
The collections fee as provided in appendix A to this code will be charged to compensate the city for the cost of collecting unpaid wastewater charges including but not limited to past due connection fees and monthly wastewater bills including penalties and collections agency fees, city staff time, and attorneys’ fees.
(i)
Force final fee.
A fee as provided in appendix A to this code will be assessed to a customer who fails to notify the billing agent to close a wastewater account through a telephone, email, U.S. Mail, or fax request. The force final fee will be deducted from the service deposit refund or added to the final wastewater bill.
(k)
Excess strength wastewater surcharge.
A monthly surcharge
for excess strength wastewater assessed to the city by the City of
Austin to the individual nonresidential customer identified as producing
the excess strength wastewater or a pro-rata share of any and all
City of Austin surcharges for excess strength wastewater assessed
to the city that cannot be attributed to specific customers.
(l)
Service order charge.
A charge for other fees such as,
but not limited to, the annual industrial wastewater permit for discharging
excess strength wastewater.
(m)
Surcharge for emergency discharges.
Surcharges for the
receipt of wastewater with concentrations of BOD, COD and TSS in excess
of pretreatment standards, as specified in this division shall be
as specified in the City of Austin Agreement.
(n)
Engineering information request fee.
Fee to provide
a brief response(s) to a wastewater question(s) from the city wastewater
engineer consultant. City staff will provide in-kind time and effort
to coordinate the request and response(s). The preliminary engineering
assessment fee is nonrefundable.
(o)
Other fees.
Any services outside the scope of ordinary
service or operations when requested by the customer or the authorized
billing and collection agent shall be charged based upon the actual
cost to provide the service.
(1996 Code, sec. 86-175; Ordinance 123 adopted 5/28/08; Ordinance 128 adopted 8/27/08; Ordinance 143 adopted 1/14/09; Ordinance 183 adopted 2/10/10; Ordinance
194 adopted 3/10/10; Ordinance adopting Code; Ordinance 212 adopted 12/8/10; Ordinance
282 adopted 12/11/13; Ordinance 304 adopted 12/10/14; Ordinance 336 adopted 12/14/16; Ordinance 338 adopted 1/25/17; Ordinance
364 adopted 4/11/18)
(a)
Applicant will provide all information requested by the city to determine
the system’s ability to provide wastewater service to the applicant’s
property. Upon determination of wastewater service availability, the
city will provide the applicant with an invoice itemizing fees required
to connect to the wastewater system based on the fees described below.
For service connection self-connections, the city will also provide
the applicant with the sizing, design criteria and specifications
required to self-connect from the sewer main to property’s point
of entry. If the service connection is to be included as part of a
contract or other agreement, the city will provide the applicant with
any additional information or requirements necessary to provide wastewater
service. With the applicant’s acceptance of the connection fees
and other requirements, the applicant will complete a wastewater service
application or contract and pay all applicable connection fees in
full or subject to an approved payment plan concurrent with the submission
of the service application. If necessary, the applicant will execute
a developer agreement and/or execute any required easement forms to
authorize access and right of entry by the city or its successors
or designees to construct and/or maintain the connection of service.
An applicant does not qualify for service as a customer until all
requirements of this section have been met.
(b)
Residential only.
(1)
Phase 3 project.
If a property owner submits a signed
wastewater application and service agreement and pays connection fees
or signs a payment plan promissory note, then the city will accept
the connection fees and/or a promissory note as the required payment
or promise to pay for installing:
(2)
The city will notify the property owner of the phase 3 project completion date, the date the main is completed and wastewater service is available to the property. The property owner is responsible for completing their individual service connection within 90 days after the date the city notifies the owner that wastewater service is available. The city will begin wastewater customer billing to properties whose owners signed a wastewater application and service agreement and paid connection fees or signed a promissory note beginning 90 days after the date the city notifies the property owner of the phase 3 project completion date, regardless of whether the property owner has completed installation of the facilities and service line and is physically connected to the wastewater system. If the property is not physically connected to the system, the property owner will be charged the monthly customer charge and monthly surcharge only as provided in appendix A.
(3)
If a centralized wastewater main is installed adjacent to a residential
property, then connection to the wastewater main will be voluntary
for the residential property as long as the owner maintains the property’s
septic system in compliance with this section and chapter 366 of the
Texas Health and Safety Code. However, if said septic system fails
inspection and requires a new license, then the owner will be required
to connect to the centralized wastewater system, contingent upon availability
of wastewater system capacity. This requirement does not apply to
a residential property that is adjacent to a wastewater main that
was built under a developer agreement with the city to which the property
is not subject, provided the main that was built under a developer
agreement is the only main adjacent to the property and that the developer
agreement is still in effect, and provided the property maintains
a licensed and fully operational on-site sewage facility. If wastewater
capacity is not available, the city shall grant an exception/waiver
from the requirement to connect to the wastewater system.
(4)
If the city conducts a construction project such as, but not limited
to, repaving a road, building sidewalks or making drainage improvements,
the city may, at its discretion, build a stub-out(s) from the wastewater
main to the edge of the right-of-way. This will keep the new pavement
or other improvement from being damaged if a stub-out is built later.
Property owner will reimburse the city for costs to build the stub-out
when the property owner connects to the wastewater system.
(5)
New residential connections will be encouraged to install separate
irrigation meters in conjunction with connecting to the system in
order to conserve remaining wastewater capacity available from the
City of Austin, to contain city wholesale wastewater expenses for
connections going into unmetered points of entry into the Austin system
and to help contain wastewater rate increases.
(c)
Nonresidential only.
(1)
If a centralized wastewater main is installed adjacent to or within two hundred (200) feet of a nonresidential property, then connection to the wastewater main will be voluntary for the property so long as the property’s septic system is in compliance with Article 18.03, Division 3, On-Site Sewage Facilities of this code and chapter 366 of the Texas Health and Safety Code. However, if said septic system fails inspection and requires a new license, then the property owner will be required to connect to the centralized wastewater system, contingent upon availability of city system capacity. If wastewater capacity is not available, the city shall grant an exception/waiver from the requirement to connect to the city system. All owners, occupants, or agents for the owners of any building or buildings situated on any commercial property or industrial property who receive an exception/waiver will be responsible for maintaining their septic system(s) in compliance with Article 18.03, Division 3, On-Site Sewage Facilities of this code, and chapter 366 of the Texas Health and Safety Code and must reapply for an exception/waiver in conjunction with any request for a septic system permit.
(2)
If the property is adjacent to a wastewater main built under a developer
agreement, the property owner may be responsible for paying developer
costs in addition to connection fees.
(3)
New nonresidential connections will be required to install separate
irrigation meters as a condition of connecting to the system in order
to conserve remaining wastewater capacity available from the City
of Austin, to contain city wholesale wastewater expenses for connections
going into unmetered points of entry into the Austin system and to
help contain wastewater rate increases.
(d)
If the applicant is a resident of the city’s extraterritorial
jurisdiction (ETJ), the applicant must request annexation into the
city as a condition of receiving wastewater service. If the ETJ resident
requests annexation, the applicant will be eligible for wastewater
service under the same costs and other conditions as city residents.
(e)
In addition to those conditions of service set forth elsewhere in this division generally applicable to customers, and except where expressly stated otherwise in this division, the new customer will install any necessary service lines from the city’s facilities and equipment to the point of use at their own expense. The new customer will install, at their own expense, any grinder pumps, customer service isolation valves, backflow prevention devices, clean-outs, and other equipment as may be required by the city. Responsibility for maintenance and repair of service lines shall be as defined in section 18.03.098.
(f)
In the event that the city constructs the necessary service lines
from the customer’s premises and point of use to the city’s
facilities, the customer will provide the city, or its designee, reasonable
access and right of entry to customer’s property and premises
for the purpose of inspecting, constructing, or installing service
for the customer’s premises to the city’s facilities.
(g)
The customer will grant to the city or its agents any easements or
right-of-way for the purpose of installing, maintaining, and operating
such pipelines, valves, and any other equipment that the city deems
necessary to extend or improve service for existing or future customers.
The city may require the customer to use certain forms to grant the
easement or right-of-way.
(h)
The following connection fees will be applied for all new service
connections to the wastewater system:
(3)
Nonresidential connection after system construction completion.
In addition to the fees in sections 18.03.110 and subsection (h)(2), a person applying for wastewater service at a nonresidential property must pay self-connection costs to extend the city line to the service location. This provision applies to requests for service after the construction of the city’s system is completed.
(4)
Multiple connection service, 5/8"–2" master meter.
(A)
Meter installation straight set (no line extension, no road crossing).
(B)
The connection fees for a multiple dwelling connection such as an apartment or multiunit residential structure shall include impact fees based on the number of living unit equivalents connected to the meter. Multiple connection service is available only for apartments and multiunit residential structures, such as duplexes. All other residential service must comply with the one dwelling per tap requirement stated in section 18.03.102 of this division. Whenever an increase is proposed in the number of living units, the customer will pay the city the appropriate fees before making such expansion. Whenever the city determines that the number of living units connected to a master meter exceeds the number of units that have been paid by the customer, the customer shall pay additional connection fees in effect for the number of additional living units that are connected to the meter. The connection fees for the additional living units must be paid within 30 days of the date that the city provides notice to the customer.
(1996 Code, sec. 86-176; Ordinance 118 adopted 2/27/08; Ordinance 123 adopted 5/28/08; Ordinance adopting Code; Ordinance 231 adopted 11/9/11; Ordinance 276 adopted 5/22/13; Ordinance 293 adopted 5/14/14; Ordinance 304 adopted 12/10/14; Ordinance
336 adopted 12/14/16)
The city desires to have customers connected to the wastewater
system to reduce the environmental impact of on-site septic systems.
However, capacity must be available and there must be no adverse financial
impacts to the city.
(1)
Upon a written request from a property owner, or his agent, of a
given lot or tract of land, the city may grant permission for the
property owner or his agent to extend, lay, or construct all necessary
wastewater mains and their appurtenances from the wastewater main
designated by the city to the developer’s right-of-way or stub-out
point of connection or to the borders of such property provided:
(A)
The property owner is eligible to receive wastewater service;
(B)
There is sufficient wastewater capacity available;
(C)
The property owner(s) signs a wastewater service application, pays
connection fees and agrees to city inspections of wastewater mains,
service lines and grinder pump equipment, if needed;
(D)
The property owner enters into a developer agreement with the city
and with each of the participating property owners, if any, that:
(i)
Outlines the project components;
(ii)
The maximum number of connections that may be included in the
project;
(iii)
Total wastewater capacity requested;
(iv)
An outline of total estimated costs associated with the design,
construction, materials, labor and legal fees to complete the project;
(v)
At the developer’s option, a method or formula for allocating
reasonable and equitable project costs to be shared between the developer
and property owners participating in the developer agreement and by
property owners who connect to the main in the future during the term
of the developer agreement subject to the approval of the city;
(vi)
Terms by which the developer shall indemnify the city from all
third-party claims or lawsuits in connection with the project contemplated;
(vii)
Terms by which the developer shall convey all constructed facilities
to the city and by which the city shall assume operation and maintenance
responsibility, including any enforcement of warranties in connection
with construction of the developer’s project;
(viii)
Terms by which the developer shall grant title or easement for
rights-of-way, constructed facilities, and facility sites and/or terms
by which the applicant shall provide for the securing of required
rights-of-way and sites; and
(ix)
Any other terms and conditions determined necessary by the city.
(2)
The city will share any available public materials such as property
owner contact information, existing design specifications, easement
surveys, water usage data and cost information to assist the developer(s)
in doing a feasibility study, design and construction.
(3)
The developer(s) shall be responsible for all costs of designing
and constructing mains and appurtenances, lift stations or other facilities
thereto to his property line right-of-way or stub-out or to the borders
of such property, including but not limited to: design, engineering,
legal, construction and inspections.
(4)
The developer(s) is responsible for determining whether right-of-way
easements are required, and the city shall require the applicant to
secure easements including surveying, title research, validation,
insurance, and filing.
(5)
All work, including but not limited to easements, design, engineering,
construction, and inspections, will be completed by the developer
property owner according to city standards and approved by the city.
(6)
All main wastewater lines and any service lines, lift stations or
other facilities, constructed will be assigned to the city wastewater
system, or its assigns, after completion and inspection.
(7)
The developer(s) are responsible for reporting final project costs
to the city so that reimbursements to the developer, if any, can be
calculated.
(8)
The developer(s) may enter into an agreement(s) with the city to
require any and all owners of intervening or adjacent property(ies)
served by a wastewater main which was constructed by said developer(s)
to be required to connect to the wastewater system contingent on the
property’s(ies) eligibility to receive wastewater service, availability
of wastewater capacity, and payment of a reasonable and equitable
portion of the shared costs, as approved by the city and defined in
the agreements at such times as their property is connected to such
main during the term of the agreement.
(9)
If a new property owner connects to an existing wastewater main which
was originally paid for through a developer agreement, then the developer
agreement between the property owner and the city may have provisions
for the property owner to reimburse the developer(s) for a reasonable
and equitable share of the project costs.
(10)
Such developer agreement shared costs will be collected by the city
and then be refunded to the developer(s) who entered into the agreement
after any developer agreement shared costs are collected from other
parties, firms, or corporations seeking a connection to the said wastewater
main installed by the developer. An agreed upon percentage of the
developer agreement shared costs collected shall be retained by the
city to cover administrative costs.
(11)
The city will only be responsible for refunding the collected developer
agreement shared costs for a period not to exceed five (5) years from
the date the developer agreement is signed by the city for the wastewater
extension. No refunds will be made by the city to any developer after
the five (5) year period has expired, nor shall the city ever be liable
for payment of interest on any deposits or refunds provided herein.
A different time period may be negotiated in the developer agreement.
(12)
All connection fees including impact fees, City of Austin wastewater
capital recovery fees, deposits, and application fees must be paid
to the city before the building permit for construction is issued.
Inspection fees will be paid directly to the city in conjunction with
each inspection that is completed.
(13)
The city will set all rates for wastewater service, either by contract
or ordinance, and the city will collect all revenues.
(14)
The city or its representatives will operate and maintain the wastewater
system after acceptance by the city.
(15)
The city has contractual obligations with the City of Austin and
all construction and operation of the system must be in accordance
with this contract.
(1996 Code, sec. 86-177; Ordinance 146 adopted 2/25/09; Ordinance 276 adopted 5/22/13; Ordinance 281 adopted 11/26/13; Ordinance 336 adopted 12/14/16)
The city reserves the right to disconnect water service to any
wastewater customer for violations of the provisions in this chapter
in accordance with the provisions in the Texas Administrative Code
(section 291.88).
(Ordinance 118 adopted 2/27/08)
In the event a property with a connection to the city’s
wastewater system is disconnected from water service due to nonpayment
of charges or any other reason, the city may revoke the certificate
of occupancy issued for the structure. The revocation in accordance
with this section is in addition to any other remedies available to
the city at law or in equity.
(Ordinance 227 adopted 11/9/11)
