Loading...
HomeMy WebLinkAbout469 05-14-1974ORDINANCE NO. 469 AN ORDINANCE REGULATING THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE SYSTEM OF THE CITY OF EULESS; DEFINING TERMS; REQUIRING CONTROL MAN- HOLES; PROVIDING FOR PERMITS FOR DISCHARGING INDUS- TRIAL WASTE INTO A PUBLIC SEWER; AUTHORIZING DIS- CONNECTION OF WATER AND /OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PROVIDING FOR INSPECTION AND SAMPLING OF INDUSTRIAL WASTE; PRO- HIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; REQUIRING PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; AUTHORIZING THE DIRECTOR OF THE WATER DEPARTMENT TO DETERMINE THE SUFFICIENCY OF PRE- TREATMENT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS OF THE EULESS CITY CODE IN CONFLICT HERE- WITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. Regulations governing industrial wastes. 1. DEFINITIONS. When used in this section, these terms shall be defined as follows: Abnormal Sewage. The term Abnormal Sewage shall mean any industrial waste having a suspended solids or B.O.D. content in excess of that found in normal sewage but which is otherwise acceptable into a public sewer under the terms of this Code. B.O.D. (Denoting Biochemical Oxygen Demand). By the term B.O.D. Denoting Biochemical Oxygen Demand) is meant the quantity of oxygen utilized in the bio- chemical oxidation of organic matter under standard laboratory procedure as specified in "Standard Methods' in five days at 20 degrees Centigrade expressed as parts per million by weight (milligrams per litre). B.O.D. Strength Index. By the term'B.O.D. Strength Index means the measure of the biochemical oxygen demand content of sewage in parts per million (milligrams per litre.) Cooling Water. By the term Cooling Water is meant the water discharged from any system of condensation such as air conditioning, cooling or refrigeration. Cooling Water shall not be discharged into any public sewer unless it is unpolluted and below 150 Fahrenheit. Director. By the term Director is meant the City Manager of the City of Euless, or his authorized representative. Garbage. By the term Garbage is meant solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage and sale of produce. Industrial Waste. By the term Industrial Waste is meant any and all liquid or waterborne waste from indus- trial or commercial processes and does not include domestic sewage. Industrial Waste Permit. By the term Industrial Waste Permit is meant a permit to deposit or discharge indus- trial waste into any sanitary sewer in the City. Abnormal Sewage Surcharge. By the term Abnormal Sewage Surcharge is meant the charge levied against any person for services rendered during treatment of abnormal sanitary sewage or waste. This charge is intended to partially defray the added cost of transporting and treating abnormal sewage or waste. This charge shall be in addition to the usual monthly charge for sanitary sewerage service. Normal Sewage. By the term Normal Sewage is meant sewage which, when analyzed, shows by weight a daily average of not more than 2500 pounds per million gallons (300 parts per million) of suspended solids and not more than 2500 pounds per million gallons (300 parts per million) of B.O.D., and which is otherwise acceptable into a public sewer under the terms of this Code. Owner or Occupant. By the term Owner or Occupant is meant the person, firm or public or private corporation, using the lot, parcel of land, building or premises connected to and discharging sewage, industrial waste- water or liquid, into the sanitary sewage system of the City, and who pays, or is legally responsible for the payment of, water rates or charges made against the said lot, parcel of land, building or premises, if connected to the water distribution system of the City of Euless, or who would pay or be legally responsible for such payment if so connected. Person. By the term Person is meant any individual, business entity, partnership, corporation, governmental agency or political subdivision. By the term pH is meant the logarithm of the reciprocal of the weight of hydrogen ions, in grams per litre of solution measured and calculated in accordance with ''Standard Methods". -2- Polluted Water or Waste. By the term Polluted Water or Waste is meant any water or liquid waste containing any of the following: Phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases; more than 10,000 parts per million, by weight, of dissolved solids, of which more than 2500 parts per million are chloride; more than 10 parts per million each of suspended solids and /or B.O.D.; color exceeding 50 parts per million; or having a pH value of less than 5.5 or more than 10.0; and /or any water or waste not approved for discharge into a stream or waterway by the appropriate State authority. Public Sewer. By the term Public Sewer is meant any publicly owned sanitary sewer, storm drain or water course. Properly Shredded Garbage. By the term Properly Shredded Garbage is meant garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than i -inch in any dimension. Sanitary Sewer. By the term Sanitary Sewer is meant a publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage. Sewage Treatment Plant. By the term Sewage Treatment Plant is meant any arrangement of devices or structures used for treating sewage. Abnormal Sewage Permit. By the term Abnormal Sewage Permit is meant a permit approved by and received from the Director permitting the discharge or deposit of abnormal sewage into a sanitary sewer upon payment of a surcharge. S. S. Strength Index. By the term S. S. Strength Index is meant the measure of the suspended solids content of sewage in parts per million (milligrams per litre. Standard Methods. By the term Standard Methods is meant "Standard Methods for the Examination of Water and Wastewater" prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation, 12th Edition, Second Printing, March, 1966. Strength Index. By the term Strength Index is meant both the biochemical oxygen demand index and the suspended solids strength index. -3- Suspended Solids. By the term Suspended Solids is meant solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. Unpolluted Water or Waste. By the term Unpolluted Water or Waste is meant any water or liquid waste containing none of the following: Phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension colloidal state or solution; noxious or odorous gases; not more than 10,000 parts per million, by weight, of dissolved solids, of which not more than 2500 parts per million are chloride; not more than 10 parts per million each of suspended solids and B.O.D.; color not exceeding 50 parts per million, nor a pH value of less than 5.5 nor higher than 10.0; and /or any water or waste approved for discharge into a stream or waterway by the appropriate State authority. Wastewater. By the term Wastewater is meant water that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, which water may be polluted or unpolluted. 2. CERTAIN WASTE PROHIBITED IN PUBLIC SEWERS. (a) It shall be unlawful for any person to discharge or cause to be discharged any polluted water or corrosive waste into any storm drain or water course within the City. (b) No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, sub- surface drainage, or drainage from down spouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by the City Code. Water from swimming pools, unpolluted industrial water, such as water drains, blow -off pipes, or cooling water from various equipment shall not be discharged into sanitary sewers if a storm sewer is available. (c) No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters or waste: (1) Any liquid or v8por having a temperature higher than 150 F (650C). (2) Any water or waste which contains wax, grease or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees to 150 degrees Fahrenheit. -4- (3) Flammable or explosive liquid, solid or gas, such as gasoline, kerosene, benzene, naphtha, etc. (4) Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. (5) Any garbage that has not been properly comminuted or shredded. If properly comminuted or shredded, then, it may be accepted if suitably pretreated. (6) Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or form solids in concentration exceeding limits established in this ordinance, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle such material. (d) No person shall discharge or cause to be discharged into any public sewer any of the following, except in quantities or concentrations, or with provisions as stipulated herein: (1) Free or emulsified oil and grease exceeding 100 parts per million ('834 pounds per million gallons) of either or both, or combinations of, free or emulsified oil and grease. (2) Acids or alkalies which attack or corrode sewers or sewage disposal structures or have a pH value lower than 5.5 or higher than 10.0. (3) Salts of a heavy metal irr solution or suspension in concentrations exceeding the following: 1. Antimony greater than 0.01 mg /i 2. Arsenic greater than 0.05 mg /I 3. Barium greater than 5.0 mg /l 4. Beryllium greater than 0.01 mg /l 5. Bismuth greater than 0.5 mg /1 6. Boron greater than 1.0 mg /l -5- 7. Cadmium greater than 0.02 mg /I 8. Chromium (Hexavalent) greater than 0.05 mg 11 9. Chromium (Trivalent) greater than 5.0 mg /I 10. Cobalt greater than 1.0 mg /1 11. Copper greater than 1.0 mg /1 12. Cyanides greater than 1.0 mg /1 13. Fluorides greater than 1.5 mg 11 14. Hydrogen Sulfide greater than 0.1 mg /1 15. Iron greater than 0.3 mg /1 16. Lead greater than 0.1 mg /l 17. Manganese greater than 1.0 mg /l 18. Mercury greater than 0.005 mg /l 19. Molybdenum greater than 1.0 mg /l 20. Nickel greater than 1.0 mg /1 21. Phenol greater than 0.005 mg /l 22.. Selenium greater than 0.02 mg /1 23. Silver greater than 0.1 mg /l 24. Tin greater than 1.0 mg /I 25. Uranylion greater than 5.0 mg /1 26. Zinc greater than 5.0 mg /l Zinc as Zn - 3 parts per million Nickel as Ni - 3 parts per million Cadmium as CD - 3 parts per million or elements which will damage collection facilities or are detrimental to treatment pro- cesses. (4) Cyanide or cyanogen compounds in excess of 2.0 parts per million by weight as CN. (5) Any water or waste that contains more than 10 parts per million of the following gases: Hydrogen sulphide, sulphur dioxide or nitrous oxide. (6) Radioactive materials, in the absence of a specific permit issued by the Director for the discharge of such was -te. 3. SPECIAL PROCEDURES RELATING TO INDUSTRIAL WASTE (a) Permits. From and after 90 days after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any sanitary sewer in the City without having first obtained an Industrial Waste Permit from the City of Euless and having complied with all of the applicable provisions hereof. Within 90 days after the effective date hereof, any person desiring to deposit or discharge, or who is now depositing or discharging industrial waste into any sanitary sewer in the City shall make application to the Chief Building Inspector on request. The Chief Building Inspector shall refer all such applications to the Director for his approval or disapproval. The Director shall approve such applications and grant an Industrial Waste Permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the applicant in the sanitary sewer will comply with all the reg- ulations of this Code. Each permit shall contain the following information: (1) Name and address of applicant; (2) Type of Industry; (3) Quantity of plant waste; (4) Typical analysis of the waste; (5) Type of pre- treatment proposed. (b) Structures Required. Within 90 days after the effective date hereof, any person discharging industrial waste into a sanitary sewer in the City shall construct a suitable control manhole downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment such control manhole to be for the purpose of facilitating observations, meas- urements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a location and in a manner approved by the City. The control manhole shall be constructed and installed at the expense of the person discharging the waste, and it shall be maintained at the expense of such person at all times in a safe, acceptable and proper operating condition. (c) Disconnection. If any person, depositing or dis- charging industrial waste into the sanitary sewer fails to secure an Industrial'Waste Permit with- in the time prescribed herein or if any person allows or causes waste of unacceptable quality under the requirements of this Section of the Code to be discharged into any sanitary sewer in the City, the Director is authorized, if such person is using City water, to disconnect such person's service line from the City water system and /or the City sanitary sewer system and the same shall only be reconnected at the owner's -7- expense. If such person does not use City water, the Director is authorized to disconnect such person's service line from the City's sanitary sewer system and the same shall only be reconnected at the owner's expense. The Director shall notify the occupant or user of the premises where the waste is generated 24 hours before disconnecting the service line. No sanitary sewer connection or water connection disconnected hereunder shall be reconnected until the condition causing the disconnection has been corrected. (d) Inspection. The inspectors, agents or represen- tatives of the City of Euless charged with the enforcement of this Section of the Code shall be deemed to be performing a governmental function for the benefit of the general public and neither the City of Euless, the Director nor the individual inspector, agent or representative shall ever be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function. The owners or occupants of premises where industrial waste is created or discharged into the sanitary sewer shall allow the Director, his inspectors, agents or represen- tatives free access at all reasonable times to all parts of such premises for the purpose of inspection or sampling or the performance of any of their duties hereunder, and the failure or refusal of such owners or occupant to comply with this provision shall be ground for the disconnection of water and /or sewer services. (e) Measurement of Flow. The volume of flow used in computing Abnormal Sewage Surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Euless Water Department.- In the event that a person discharging waste into the City's sanitary sewer system produces evidence to the Director demonstrating that substantial portion of the total amount of water used for all purposes does not reach the City's sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the City. Any person discharging industrial waste into the sanitary sewers of the City who procures any part of his water supply from sources other than the Euless Water Department, all or part of which is discharged into the sanitary sewer, shall in- stall and maintain at his expense water meters z of the type approved by the City for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the City. Where it can be shown to the satisfaction of the City that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the City, then the City may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water used to determine the sewer service charge and Abnormal Sewage Surcharge may be the quantity of water actually entering the sewerage system as so determined, if the City so elects. If the City finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of the waste in any manner or method he may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the City and /or quality of the sewer service charge and surcharge. (f) Determining the Character and Concentration of Waste. The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the City. Samples shall be collected in such manner as to be representative of the character and concentration of the waste shall be those set forth in the Standard Methods. The laboratory methods used in the examination of said waste shall be those set forth in the Standard Methods. The determination of the character and concentration of industrial waste shall be made by the City at such times and on such schedules as may be established by the Director. Should an owner or occupant discharging industrial waste to the sanitary sewers desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the City, such special determination may be made by the Director at the expense of the owner or occupant discharging the waste. 4. PRETREATMENT AND SURCHARGE. (a) Owners or occupants, or any other person, generating waste prohibited from discharge into public sewers by the foregoing shall pretreat or otherwise dispose of such prohibited waste so as to make the waste discharged to the public sewer acceptable under the standards established in this chapter. -g- (b) Abnbrma'J Sewage Surcharge: Person gene'r-at i n-g Abnormal Sewage may discharge such sewage into the sanitary sewer provided: (1) the waste will not cause damage to the collection system, (2) the waste will not impair the treatment processes, (3) the person dis- charging such waste pays a monthly surcharge to the Euless Water Department in addition to the usual monthly sewer service charges. Computations of such surcharges shall be based on the following formula: SC = surcharge based on excessive con- centrations of BOD and /or SS (dollars per month) Q = flow (million gallons per month) a = annually adjusted unit cost of treatment, chargable to BOD (dollars per pound of BOD introduced to System) b = annually adjusted unit cost of treatment, chargable to SS (dollars per ;pound of SS introduced to System) The value of BOD and /or SS concentrations in this calculation will be the average of values determined by standard testing pro- cedures. (c) It shall be the responsibility of any person, owner or occupant discharging waste into the sanitary sewerage system of the City to furnish the City with drawings or plans and specifications in such detail as he may require to determine if the pretreatment structure planned by such person, or in use by such person, is suitable for the purpose intended. However, the approval of such plans by the City will in no way relieve such person of the responsibility for modifying the structure once constructed as necessary to produce an effluent acceptable to the City under the terms of this ordinance. SECTION 2. That this ordinance shall repeal every prior ordinance and provision of the Euless City Code in conflict here- with but only insofar as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Euless City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION 3. That if any section, part of a section or provision of any section of this ordinance shall be held to be am void, ineffective'or unconstitutional by a court of competent "jurisdiction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void ' or ineffective at the time of adopting this ordinance. SECTION 4. That the violation of any provision of this ordinance or of the Euless City Code relating to the pretreatment disposition or discharge of waste into any public sewer or the payment of an Abnormal Sewage Surcharge shall be deemed an offense and punishable by a fine not exceeding Two Hundred Dollars ($200) and each violation thereof, and each day on which there is a failure to comply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offense and punishable as such. SECTION 5. The fact that the enactment of this ordinance is necessary to preserve the public business, peace, health, safety and general welfare, creates an urgency and an emergency in the immediate preservation of same, and requires that this ordinance shall take effect immediately from and after its passage and publication as required by law. APPROVED AND ADOPTED on first and final reading on the 14th day of May , 1974, at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: Mayor ATTEST: City Secretary