As used in this article:
means the mayor or his duly authorized representative.
means the quantity of oxygen by weight, expressed in mg/l,
utilized in the biochemical oxidation of organic matter under standard
laboratory conditions for five (5) days at a temperature of twenty
(20) degrees centigrade.
means the extension from the building drain to the public
sewer or other place of disposal (also called the house lateral and
house connection).
means the City of Elkhart, Texas, or any authorized person
acting in its behalf.
means a measure of the oxygen-consuming capacity of inorganic
and organic matter present in the water and waste 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.
means a manhole giving access to a building sewer at some
point before the building sewer discharge mixes with other discharges
in the public sewer.
means a point of access to a course of discharge before the
discharge mixes with other discharges in the public sewer.
means 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.
means waste resulting from any process of industry, manufacturing,
trade, or business, from the development of any natural resource,
or any mixture of the waste with water or normal waste, or distinct
from normal waste.
means the charge made on those persons who discharge industrial
wastes into the city’s sewerage system.
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.
means an outlet into a watercourse, ditch, lake, or other
body of surface water or groundwater.
means waste excluding industrial waste 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.
means the imposition of organic or hydraulic loading on a
treatment facility in excess of its engineered design capacity.
means any individual and includes a corporation, organization,
government or governmental subdivision or agency, business trust,
estate trust, partnership association, or other legal entity.
means the logarithm (base 10) of the reciprocal of the hydrogen
ion concentration.
means a pipe or conduit carrying waste or unpolluted drainage
in which owners of abutting properties shall have the use, subject
to control by the city.
means a public sewer that conveys domestic waste or industrial
wastes or a combination of both, and into which stormwater, surface
water, groundwater, and other unpolluted wastes are not intentionally
passed.
means any discharge of water, waste 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 hour concentration
or flows during normal operation.
means the examination and analytical procedures set forth
in the latest edition, at the time of analysis, of Standard Methods
for the Examination of Water and Wastewater, as prepared, approved,
and published jointly by the American Public Health Association, the
American Water Works Association, and the Water Environment Federation.
means a public sewer which carries storm and surface waters
and drainage and into which domestic waste or industrial wastes are
not intentionally passed.
means rainfall or any other forms of precipitation
means the water and waste [wastewater] superintendent of
the city or his duly authorized deputy, agent or representative.
means solids measured in mg/l that either float on the surface
of, or are in suspension in, water, waste, or other liquids, and which
are largely removable by a laboratory filtration device.
includes to deposit, conduct, drain, emit, throw, run, allow
to seep, or otherwise release or dispose of, or to allow, permit,
or suffer any of these acts or omissions.
means a device designed to skim, settle, or otherwise remove
grease, oil, sand, flammable wastes or other harmful substances.
means water containing:
No free or emulsified grease or oil;
No acids or alkalis;
No phenols or other substances producing taste or odor in receiving
water;
No toxic or poisonous substances in suspension, colloidal state,
or solution;
No noxious or otherwise obnoxious or odorous gases;
Not more than an insignificant amount in mg/l each of suspended
solids and BOD, as determined by the state commission on environmental
quality; and
Color not exceeding fifty (50) units as measured by the platinum-cobalt
method of determination as specified in Standard Methods.
means a combination of the water-carried waste from residences,
business buildings, institutions, and industrial establishments, together
with any ground, surface, and storm water that may be present.
means rejected, unutilized or [superfluous] substances in
liquid, gaseous, or solid form resulting from domestic, agricultural,
or industrial activities.
includes all facilities for collection, pumping, treating,
and disposing of waste and industrial wastes.
means the charge on all users of the public sewer system
whose wastes do not exceed in strength the concentration values established
as representative of normal waste.
means any city-owned facilities, devices, and structures
used for receiving, processing and treating waste, industrial waste,
and sludges from the sanitary sewers.
means a natural or man-made channel in which a flow of water
occurs, either continuously or intermittently.
(Ordinance 147, sec. 1, adopted 6/22/92)
(a)
No person may discharge to public sewers any waste which by itself
or by interaction with other wastes may:
(b)
All discharges shall conform to requirements of this article.
(Ordinance 147, sec. 2, adopted 6/22/92)
(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 waste discharge to public sewers may contain:
(1)
Strong acid, iron pickling wastes, or concentrated plating solutions
whether neutralized or not;
(2)
Fats, wax, grease, or oils, whether emulsified or not, in excess
of one hundred (100) mg/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 waste treatment works exceeds the limits established by
the approving authority for such materials; or
(4)
Obnoxious, toxic or poisonous solids, liquids, or gases in quantities sufficient to violate the provisions of section 12.05.002(a).
(c)
No waste, waste, or other substance may be discharged into public
sewer which has a pH lower than 5.5 or higher than 9.5, or any other
corrosive property capable of causing damage or hazard to structures,
equipment, and/or personnel at the waste facilities.
(d)
All waste, wastewater, or other substances containing phenols, hydrogen
[sulfide, or other taste-and odor-producing ] substances, shall conform
to concentration limits established by the approving authority. After
treatment of the composite waste, concentration limits may not exceed
the requirements established by state, federal, or other agencies
with jurisdiction over discharges to receiving waters.
(Ordinance 147, sec. 3, adopted 6/22/92)
(a)
No discharges may contain concentrations of hazardous metals other than amounts specified in subsection (b) of this section.
(b)
The allowable concentrations of hazardous metals in terms of milligrams
per liter (mg/l), for discharge to inland waters, and determined on
the basis of individual sampling in accordance with Standard Methods
are:
|
Metal
|
Not to Exceed
| ||
|---|---|---|---|
|
Daily Average
|
Daily Composite
|
Grab Sample
| |
|
(1) Arsenic
|
0.1
|
0.2
|
0.3
|
|
(2) Barium
|
1.0
|
2.0
|
4.0
|
|
(3) Cadmium
|
0.05
|
0.1
|
0.2
|
|
(4) Chromium
|
0.5
|
1.0
|
5.0
|
|
(5) Copper
|
0.5
|
1.0
|
2.0
|
|
(6) Lead
|
0.5
|
1.0
|
1.5
|
|
(7) Manganese
|
1.0
|
2.0
|
3.0
|
|
(8) Mercury
|
0.005
|
0.005
|
0.01
|
|
(9) Nickel
|
1.0
|
2.0
|
3.0
|
|
(10) Selenium
|
0.05
|
0.1
|
0.2
|
|
(11) Silver
|
0.05
|
0.1
|
0.2
|
|
(12) Zinc
|
1.0
|
2.0
|
6.0
|
|
(Note: These concentration parameters and rules governing same
are promulgated under the authority of state law and the Texas Administrative
Code.)
|
(c)
No other hazardous metals or toxic materials may be discharged into
public sewers without a permit from the approving authority specifying
conditions of pretreatment, concentrations, volumes, and other applicable
provisions.
(Ordinance 147, sec. 4, adopted 6/22/92)
(a)
No person may discharge garbage or other solids into public sewers
unless it is shredded to a degree that all particles can be carried
freely under the flow conditions normally prevailing in public sewers.
Particles greater than one-half (1/2) inch 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.
(Ordinance 147, sec. 5, adopted 6/22/92; Ordinance adopting 2023 Code)
(Ordinance 147, sec. 6, adopted 6/22/92)
No person may discharge liquid or vapor having a temperature
higher than one hundred fifty (150) degrees Fahrenheit (65 degrees
centigrade), or any substance which causes the temperature of the
total waste treatment plant influent to increase at a rate of ten
(10) degrees Fahrenheit or more per hour, or a combined total increase
of plant influent to one hundred ten (110) degrees Fahrenheit.
(Ordinance 147, sec. 7, adopted 6/22/92)
(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.
(Ordinance 147, sec. 8, adopted 6/22/92)
(b)
(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 waste 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 sewer which:
(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.
(Ordinance 147, sec. 9, adopted 6/22/92)
(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 or into or adjacent to any:
(c)
The approving authority shall verify prior to discharge that wastes
authorized to be discharged will receive suitable treatment within
the provisions of laws, regulations ordinances, rules and orders of
federal, state and local governments.
(Ordinance 147, sec. 10, adopted 6/22/92)
(a)
If discharges or proposed discharges to public sewers may (i) deleteriously
affect waste facilities, processes, equipment, or receiving waters,
(ii) create a hazard to life or health, or (iii) create a public nuisance,
the approving authority shall require:
(Ordinance 147, sec. 11, adopted 6/22/92)
(a)
If pretreatment or control is required, the approving authority shall
review and approve the design and installation of equipment and processes.
(b)
The design and installation of equipment and processes must conform
to all applicable statutes, codes, ordinances and other laws.
(c)
Any person responsible for discharges requiring pretreatment, flow-equalizing,
or other facilities shall provide and maintain the facilities in effective
operating condition at his own expense.
(Ordinance 147, sec. 12, adopted 6/22/92)
(b)
Any person responsible for discharges requiring a trap shall at his
own expense and as required by the approving authority:
(Ordinance 147, sec. 13, adopted 6/22/92)
Any person responsible for discharges through a building sewer
carrying industrial wastes shall, at his own expense and as required
by the approving authority:
(1)
Install an accessible control manhole;
(2)
Install meters and other appurtenances to facilitate observation,
sampling and measurement of the wastes;
(3)
Install safety equipment and facilities (ventilation, steps) where
needed; and
(4)
Maintain the equipment and facilities.
(Ordinance 147, sec. 14, adopted 6/22/92)
(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 analysis 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 analysis are obtained from 24-hour
composites of all outfalls. Where applicable, a 16-hour, 8-hour or
some other period may be required. Periodic grab samples are used
to determine pH and oil and grease.)
(b)
Examination and analyses of the characteristics of waters and wastes
required by this article shall be:
(c)
BOD and suspended solids shall be determined from composite sampling,
except to detect unauthorized discharges.
(d)
The approving authority shall determine which users or classes of
users may contribute waste which is of greater strength than normal
domestic waste. All users of classes of users so identified shall
be sampled for flow BOD, TSS and pH at least annually.
(e)
The city may select an independent firm or laboratory to determine
flow, BOD, and suspended solids, if necessary. Flow may alternately
be determined by water meter measurements if no other flow device
is available and no other source of raw water is used.
(Ordinance 147, sec. 15, adopted 6/22/92)
(a)
Payment of charge by industrial users.
Persons making
discharges of industrial waste into the city system shall pay a charge
to cover all costs of collection and treatment.
(b)
Agreement with city.
When discharges of any waste into
the city system 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, in accordance with the user charge system as established in subsection (e) of this section;
(3)
Sewer connection procedures and requirements shall be in accordance
with the Uniform Plumbing Code as promulgated by the International
Association of Plumbing and Mechanical Officials;
(4)
A sewer application approved with connection fee paid; and
(5)
Construction of sewer connections shall be approved by city inspectors
prior to sewer use.
(c)
Notification of rates.
Each user of the waste treatment
system will be notified, at least annually, in conjunction with a
regular sewer bill, of the rate and that portion of user charges or
ad valorem taxes which are attributable to the operation and maintenance
of the waste treatment system.
(d)
Disposition of excess revenues.
The city will apply
excess revenues collected from a class of users to the cost of operation
and maintenance attributable to that class for the next year and adjust
the rate accordingly.
(e)
Rates.
(1)
The user charge system shall provide for the equitable distribution
of debt service, reserve, and operation and maintenance costs of the
sanitary sewerage system to each user, or user class. The minimum
base fixed rate per domestic user per month for readiness to serve
and disposal of up to 2,000 gallons of normal domestic waste measured
as potable water taken from the city waterworks shall be calculated
from the sum of annual debt service; an annual reserve in the amount
of ten percent of annual debt service, until an amount equal to one
annual debt service payment is accumulated; and seventy percent of
annual operations and maintenance, less interest and depreciation;
divided by the current number of users, and then divided by twelve
months.
(2)
The over minimum base rate per thousand gallons for waste disposal
measured as potable water, up to eleven thousand gallons, taken from
city waterworks, per user per month, shall be calculated from thirty
percent of annual operation and maintenance costs, less interest and
depreciation, divided by the average number of thousands of gallons
of water used, above two thousand gallons, per user per month, during
the months of December, January and February, and then divide by twelve
months.
(3)
Over minimum base rate per thousand gallons, charge limited to eleven
thousand gallons shall apply to domestic users only.
(4)
An industrial waste charge shall be made on persons discharging industrial
wastes into the city sewerage system. The charges for the several
constituents shall be additive, applied to both the minimum base fixed
rate and the over minimum base rate per thousand gallons, and calculated
with the base by the sum of the following applicable factors plus
one, and multiplied by the appropriate base rate:
(Ordinance 147, sec. 16, adopted 6/22/92)
(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 person(s) to maintain
safe conditions, the city shall indemnify the person(s) against loss
or damage to their property by city employees and against liability
claims and demands for personal injury or property damage asserted
against the person(s) 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 purpose of:
(1)
Inspection, observation, measurement, sampling or repair;
(2)
Maintenance of any portion of the sewerage system lying within the
easements; and
(3)
Conducting any other authorized activity.
|
All activities shall be conducted in full accordance with the
terms of the negotiated easement pertaining to the private property
involved.
|
(e)
No person acting under authority of this provision may inquire into
any processes including metallurgical, chemical, oil refining, ceramic,
paper or other industries beyond that point having a direct bearing
on the kind and source of discharge to the public sewers.
(Ordinance 147, sec. 17, adopted 6/22/92)
(a)
The city may terminate water and waste disposal service and disconnect
a customer from the system when:
(1)
Acids or chemicals which may damage the sewer lines or treatment
process are released to the sewer potentially causing accelerated
deterioration of these structures or interfering with proper conveyance
and treatment of waste;
(2)
A governmental agency informs the city that the effluent from the
waste treatment plant is no longer of a quality permitted for discharge
to a watercourse, and it is found that the customer is delivering
waste to the city’s system that cannot be sufficiently treated
or requires treatment that is not provided by the city as normal domestic
treatment; or
(3)
The customer:
(A)
Discharges waste or wastewater that is in violation of the permit
issued by the approving authority;
(B)
Discharges waste at an uncontrolled, variable rate in sufficient
quantity to cause an imbalance in the waste treatment system;
(C)
Fails to pay monthly bills for water and sanitary sewer services
when due; or
(b)
If service is discontinued 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 customer provides pretreatment/additional
pretreatment or other facilities designed to remove the objectionable
characteristics from his wastes.
(Ordinance 147, sec. 18, adopted 6/22/92)
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.
(Ordinance 147, sec. 19, adopted 6/22/92)
No person may continue discharging in violation of this article
beyond the time limit provided in the notice
(Ordinance 147, sec. 20, adopted 6/22/92)
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.
(Ordinance 147, sec. 21, adopted 6/22/92)
The city may pursue all criminal and civil remedies to which
it is entitled under authority of statutes and ordinances against
a person negligently, willfully or maliciously causing loss by tampering
with or destroying public sewers or treatment facilities.
(Ordinance 147, sec. 22, adopted 6/22/92)
