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HomeMy WebLinkAbout568 03-27-1979ORDINANCE N0. 568 AN ORDINANCE AMENDING NO. 258 IN ITS ENTIRETY REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PRESCRIBING WATER TO BE CHARGED FOR WATER AND SANITARY SEWER SERVICES FURNISHED BY THE CITY OF EULESS, ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF SAID WATER AND SANITARY SEWER SYSTEM; REGULATING THE DISCHARGE OF COMMERCIAL AND INDUSTRIAL WASTE INTO THE SANITARY SEWERAGE SYSTEM OF THE CITY OF EULESS; REQUIRING CONTROL MANHOLES; PROVIDING FOR PERMITS FOR DISCHARGING INDUSTRIAL WASTE INTO 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; PROHIBITING THE DIS- CHARGE OF CERTAIN LIQUID WASTE INTO PUBLIC SEWERS; REQUIRING PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; PROVIDING FOR A SURCHARGE FOR ABNORMAL SEWAGE; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DETERMINE COMPLIANCE; PRESCRIBING A PENALTY FOR VIOLATION HEREOF; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless has been advised by the Trinity River Authority, (T.R.A.) and the Environmental Protection Adminis- tration, (E.P.A.) that it will be necessary for the City of Euless to amend its ordinances to provide for industrial cost recovery as well as sewer use charges conforming to certain standards established by certain departments of the United States government; and, WHEREAS, the City of Euless has a contract with T.R.A. to do all things required to enable T.R.A. to comply with federal grant regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS SECTION I DEFINITIONS Section 1.01 Abnormal Sewage: Any industrial waste having a total suspended solids or BOD content in excess of that found in normal domestic wastewater but which is otherwise acceptable into a public sewer under the terms of this ordinance. Section 1.02 Biochemical Oxygen Demand (BOD): The quantity of oxygen by weight, expressed in mg /L, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five (5) days at a temperature of twenty (20) degrees centigrade. Section 1.03 BOD Strength Index: The measure of the biochemical oxygen demand content of sewage in parts per million (milligrams per litre). Section 1.04 Boundary (or along site) Facilities: Those water and /or sani- tary sewer facilities located in a street, alley, or easement that are common to, or between two or more tracts of land of different ownership such that the one facility serves more than one tract of land. Section 1.05 Cooling Water: That water which is discharged from any system of condensation such as air conditioning, cooling or refriger- ation; cooling water shall not be discharged into any public sewer unless it is unpolluted and below 1500 Fahrenheit. Section 1.06 City: The City of Euless, Texas. Section 1.07 Director: The Director of Public Works or his authorized rep - resentative. Section 1.08 Engineer: A person duly authorized under the provisions of the Texas Engineering Act, to practice the profession of engineering in the State of Texas. Section 1.09 Inspector: The representative of the City of Euless who is specifically assigned to inspect any or all parts of the water and sanitary sewer system, particularly new subdivision exten- sions, but who is without authority to revise, alter, or revoke the requirements of the rules, regulations, policies, and pro- cedures of the City or the approved Contract Documents for the job. Such inspection, or lack of inspection, will not relieve the contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents and/ or applicable City., County and State codes. Section 1.10 Person: Any person, firm, association of persons, or corporation, including a public, private, or municipal corporation. Section 1.11 Owner or Occupant: The person, firm or public or private corpor- ation, using the lot, parcel of land, building or premises connected to the water and /or sanitary sewage system of the City of Euless, and discharging sewage, industrial wastewater or liquid, into the sanitary sewage system of the City, and who pays. Section 1.12 Developer and /or Subdivider: The terms "Developer" and /or "Subdivider" are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation, and /or officer, agent, employee, servant and trustee thereof who does, or participates in the doing, of any act toward the subdivision of land. - 2 - Section 1.13 Off -Site Facilities: The water and /or sanitary sewer mains located outside the boundaries of, and not contiguous with, the area of development except by point of contact, but that are required to join the development to the prior existing system. Section 1.14 On -Site Facilities: Those water and /or sanitary sewer mains situated within or surrounded by a single development. Generally, all discussions of facilities will pertain to on -site facilities unless they are specifically denoted to the "off- site ", or boundary, facilities. Section 1.15 Garbage: Solid waste from domestic or commercial preparation, cooking or dispersing of food or from the handling, storage and sale of produce. Section 1.16 ' Properly Shredded Garbage: 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 one -half (2 inch in any dimension. Section 1.17 Subdivision: The division of any lot, tract, or parcel of land into two or more parts. Section 1.18 Water Department: The terms "Water Department ", "Waterworks ", or "Water Utilities Deparment" as used in this ordinance shall mean the City of Euless waterworks systems and mains, and all other works of the City directly connected therewith, and all plants, properties, and appliances incident to, or connected with, the operation of said Water Department, and shall include the sanitary sewerage system up to its connections with the T.R.A. sewer system. Section 1.19 Over -Size Cost: The difference in cost between the main built and the cost of the size main determined to be the minimum size required to serve the subdivision as determined by the City engineer and /or master water and sewer plans. The minimum size main upon which over -size cost shall be determined shall be eight (8) inches. Section 1.20 Standard Size Sewer Main: A sanitary sewer main six (6 ") inches or larger in diameter. Section 1.21 Standard Size Water Main: A water main six (611) inches in diameter when the main is not required to serve more than two (2) fire hydrants; otherwise, standard mains shall be eight (8 ") inches or larger to provide standard fire protection as recog- nized by the National Board of Fire Underwriters. - 3 - Section 1.22 Sewer Service: That portion of the connecting sewer located in the roadway, street, alley or easement between the sewer main and the right -of -way line or property line and shall con- sist of the service wye, tee, manhole or tapping saddle and the required length of service pipe. Section 1.23 City Service Line: That portion of the water line from the distribution main to within eight (8) feet of the property line of the property being served; length of service line not to exceed one hundred (100) feet. Section 1.24 Standard Specifications: The Revised Standard Specification for water and sewer improvements as stated in the rules, regu- lations, policies and procedures of the City of Euless and the standard requirements as required by the Subdivision Ordinance of the City of Euless. Section 1.25 Industrial Waste: Any and all liquid or waterborne waste from industrial or commercial processes and does not include domestic sewage. Section 1.26 Industrial Waste Permit: A permit to deposit or discharge industrial waste into any sanitary sewer belonging to the City of Euless. Section 1.27 Normal Sewage: 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 BOD; and which is otherwise acceptable into a public sewer under the terms of this code. Section 1.28 Abnormal Sewage Surcharge: The charge levied against any person for service rendered during treatment of abnormal sanitary sewage or waste. This charge is in addition to the usual monthly charge for sanitary sewerage service. Section 1.29 PH: 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." Section 1.30 Abnormal Sewage Permit: A permit approved by and received from the Director permitting the discharge or deposit of abnormal sewage into a sanitary sewer upon payment of the surcharge. Section 1.31 Public Sewer: All and any public owned sanitary sewer, storm drain or water course that has been dedicated to the public. Section 1.32 Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage. - 4 - Section 1.33 S.S. Strength Index: The measure of the suspended solids content of sewage in parts per million (milligrams per litre). Section 1.34 Standard Methods: ''Standard Methods for the Examination of Water and Wastewater'' prepared and published jointly by the American Public Health Association, American Waterworks Assoc- iation and the Water Pollution Control Federation, 12th Edition, Second Printing, March, 1966. Section 1.35 Strength Index: Both the biochemical oxygen demand index and the suspended solids strength index. Section 1.36 Sewage Treatment Plant: Any arrangement of device or structures used for treating sewage. Section 1.37 Polluted Water or Waste: 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 2,500 parts per million are chloride; more than ten (10) parts per million each of suspended solids and /or B.O.D.; color exceeding fifty (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. Section 1.38 Suspended Solids: Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering. Section 1.39 Unpolluted Water or Waste: 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 2,500 parts per million are chloride; not more than ten (10) parts per million each of suspended solids and B.O.D.; color not exceeding fifty (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. Section 1.40 Wastewater: Water that has been used by and discharged from an industry, commercial enterprise, household or other water con- sumer, which water may be polluted or unpolluted. Section 1.41 Single Customer: A customer with a water tap and sewer tap that serves one single family, one single business. - 5 - Section 1.42 Multiple Customer: A group of single customers served by one or more single water taps, and one or more sewer connections. Section 1.43 Living Unit: A residential unit providing complete, independent, living facilities for one family, including permanent provisions for living, sleeping, cooking, eating, and sanitation. Section 1.44 Residential Customer Class: Those customers which constitute a living unit as defined above. Section 1.45 Commercial ness other customers. Section 1.46 Industrial tains wast fabricated Customer Class: than apartments Customer Class: ewater from a pr, by the customer Those customers operating a busi- and do not classify as industrial Those customers whose sewage con - 3duct manufactured, processed, or served. SECTION II WATER DEPOSITS AND RATES Section 2.01 Water Deposits: All applicants for water service will be re- quired to make a meter deposit (payment security deposit) for each water service connection; such deposit to remain with the City throughout the term of the service contract. A. Deposit for residential customers who have not been dis- connected for non - payment shall be $15.00. B. Deposits for commercial customers shall not be less than $25.00 and shall be calculated to equal the multiple of $5.00 nearest the estimated average monthly billing for the particular type of customer involved. Calculation shall be based on water, sewer, and garbage monthly billing. C. Deposits shall be refunded, or in the event a balance is due, applied against the final bill for services required upon termination of the contract. The City will not pay interest on meter deposit funds. Section 2.02 Deposits - Duplex, Multi - family: Each family living unit shall be considered to be a separate water and /or sewer customer. The deposit shall be $15.00 per unit. Section 2.03 Service Connections: Hotels, motels, office buildings, tourist courts, trailer parks, duplex and apartment buldings shall be allowed more than one unit per water meter. All other customers must have one meter and one sewer connection per residence, business, or consumer. Section 2.04 Billing: Each month's charges shall be due and payable on or before the tenth (10th) day after the date of the bill; in the event such charges are not paid within ten (10) days from the date of bill, a penalty shall be added in the smount of ten percent (10%) of the past due amount. Receipt of a check that is dishonored shall be deemed nonpayment, and there shall be, an additional bad check service charge of three dollars ($3.00). Section 2.05 Delinquency and Service Discontinuance: I month's charges shall remain delinquent at sequent billing, the user or customer with count shall receive a Delinquent Notice to than ten days after the preparation of the billing. i the event that any the time of a sub - said delinquent ac- be mailed not later second or subsequent The City Manager shall appoint a City Utility Hearing Officer who shall serve in that capacity at the pleasure of the City Manager. The City Utility Hearing Officer shall be empowered to resolve billing errors in advance of any scheduled date of service termination. Any user or customer shall be entitled to a pretermination hearing before the Utility Hearing Officer prior to the cutoff date specified in the delinquent notice. It will be the duty of the Utility Hearing Officer to determine that customers are not overcharged or charged with services not rendered. If the bill is not paid or other disposition made within fifteen days of the date of the Delinquent Notice, water service will be terminated. Section 2.06 Reconnection of Service: Where services have been disconnected for non - payment, there shall be a $2.00 charge for reconnection and $5.00 additional deposit, and full payment of outstanding bill before reconnection of service. Section 2.07 Theft of City Services: It will be considered theft of City service to take water from the water system, or dump anything into the City sanitary sewer system unless all requirements of this ordinance pertaining to City services are complied with. Section 2.08 Conn upon 3/4" 1" 2" ection Fee: Prior t being connected to Service Connection Service Connection Service Connection Service Connection 3 receiving service, each consumer shall, the system, pay the following connection fees: $ 95.00 Meter $ 45.00 $105.00 Meter $ 90.00 $190.00 Meter $190.00 $305.00 Meter $495.00 In case of material increase, installation shall not be less than material cost + 15 %. Section 2.09 Sewer Connection: Sewer connection fees shall be paid solely for the privilege of connecting to the system. The cost of instal- ling such connection shall be borne by the user. The fee shall be $150. Section 2.10 Location Changes: Customers moving or changing locations must pay all debts from previous address before receiving service at new location. The deposit at an address cannot be changed to another name for the purpose of receiving service without paying outstanding debts. Section 2.11 Schedule of Monthly Rates: The schedule of monthly rates for water, sewer, abnormal sewage surcharge, and industrial cost recovery charge according to the following: - 7 - Water Service For All Users Monthly Within Outside Charges for Service Corporate Limits Corporate Limits First 2,000 gal $6.00 (minimum) $7.00 (minimum) Next 11,000 gal 1.00 per 1,000 gal 1.00 per 1,000 gal. Next 17,000 gal .85 per 1,000 gal .85 per 1,000 gal All over 30,000 gal. .75 per 1,000 gal. .75 per 1,000 gal. Section 2.12 Sewer Service - Residential: Sewer service charge for residential customers shall be based on 900 of metered water. Sewer service charges on 90% metered water shall not exceed 12,000 gallons per billing period per living unit. Within Outside Monthly Corporate Limits Corporate Limits Minimum per $3.20 + 90% M.W. at $4.00 + 90% M.W. at living unit $.45 per 1,000 gal. $.45 per 1,000 gal. Section 2.13 Sewer Service - Commercial and Industrial: Commercial and industrial sewer charges shall be based on 100% of metered water. The rates are: monthly minimum within city limits - $3.20 + $.45 per 1,000 gallons; monthly minimum outside city limits - $4.00 + $.45 per 1,000 gallons of metered water. The following provisions apply to all commercial and industrial customers. A. Customers that show proof that a significant portion of metered water does not enter sanitary sewer shall not be billed for that portion that does not enter sanitary sewer. B. Monitored Group Class customers shall be billed according to Section 2.14. C. Industrial Cost Recovery Group shall be billed according to Section 2.13 plus the additional charges in Section 3.03 as required. Section 2.14 Monitored Group Class: The Director of Public Works shall estab- lish a monitored group class, consisting of those customers whose wastewater strength is, in his judgement, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five part rate schedule: Monitored Grou Customer Monthly Service Charge Volume Charge B.O.D. Strength Charge Suspended Solids Strength Charge Monitoring Charge - 8 - $3.20 $.45 per 1,000 gallons $.0392 per pound of B.O.D. $.0139 per pound of Suspended Solids Total Cost to City of Euless The monitoring charge shall consist of all cost for personnel., material, and equipment used to collect and analyze samples from the customer wastewater to determine the strength of the waste- water produced. The monitored customer's wastewater shall be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the Director of Public Works, or if the monitored customer requests more frequent testing. This schedule shall replace all other charges previously made for industrial waste strength. Section 2.15 Sewage Service - Outside City Limits: No sewer service shall be provided to any customer outside the city except on specifically expressed consent by the city council. Section 2.16 Water Metering or Wastewater Metering Required: All customers connected to the sanitary sewerage system who have a source of water supply that is in addition to, or in lieu of, the City of Euless Water Supply must have a meter approved and tested by the City of Euless on that source of water supply and the volume charge as set forth hereinbefore shall be based on the sum of the volumes delivered by all sources of supply. Such method of volume determination will not be applicable if the customer installs a meter approved by the City of Euless on the wastewater produced by the customer before it enters the City sanitary sewer. Section 2.17 Mayor's Emergency Power: In the event of deficient water pressure or deficient water reserves, the Mayor is authorized and empowered without further Council action to declare by proclamation any measures deemed necessary to restore water pressure or reserves, including a total and complete prohibition of all outside water usage. SECTION III INDUSTRIAL COST RECOVERY Section 3.01 Construction Costs: In providing a waste treatment system which includes the treatment of industrial wastes, either independently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such industrial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee, periodic charges, or in other manners or combinations thereof as in the judgment of the Director of Public Works is equitable and will assure such industrial cost recovery. Implementation of industrial cost recovery shall be contingent on notification of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. Section 3.02 Industrial User: An industrial user is any non - governmental user of the City of Euless's sanitary sewage system, identified in the Standard Industrial Classification Manual, 1972, Office of Manage- ment and Budget, as amended and supplemented, under the following divisions: Division A - Agriculture, Forestry and Fishing Division B - Mining Division D - Manufacturing Division E - Transportation, Communications, Electric, Gas and Sanitary Services Division I - Services Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. Section 3.03 Annual Recovery: The annual amount to be recovered from each industrial user shall be predicated on the following formula: Section 3.04 Annual Payment: For the purpose of computing the Industrial User's annual payment, a cost recovery period of thirty (30) years is hereby established. Section 3.05 Monthly Billing: The industrial user shall be billed monthly on the basis of his computed annual Industrial Cost Recovery Pay- ment divided by twelve (12). Section 3.06 Industrial Cost Recovery Fund: Funds collected under Industrial Cost Recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund," which is hereby established. On an annual basis 100 percent of the amounts recovered, together with interest earned thereon, shall be returned to the govern- mental agency responsible for treatment of such industrial waste. Section 3.07 Annual Review: Industrial users shall be reviewed annually by the City of Euless for quantity and strength of waste, and the Industrial Cost Recovery adjusted accordingly. SECTION IV CERTAIN WASTE PROHIBITED IN PUBLIC SEWERS Section 4.01 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 watercourse within the city. ( (A x G) + B x H) + (C x I) ) T J = D E F Annual Payment ($ /year) where: A. Eligible Federal Grant allocable to flow (Q) in dollars. B. Eligible Federal Grant allocable to B.O.D., in dollars. C. Eligible Federal Grant allocable to S.S., in dollars. D. Total design flow (Q), in 1,000 gal /day. E. Total design B.O.D., in lbs /day. F. Total design S.S., in lbs /day. G. Industrial Users' flow discharge to system, in 1,000 gal /day. H. Industrial Users' B.O.D. discharge to system, in lbs /day. I. Industrial Users' S.S. discharge to system, in lbs /day. J. Amortization period = 30 years. Section 3.04 Annual Payment: For the purpose of computing the Industrial User's annual payment, a cost recovery period of thirty (30) years is hereby established. Section 3.05 Monthly Billing: The industrial user shall be billed monthly on the basis of his computed annual Industrial Cost Recovery Pay- ment divided by twelve (12). Section 3.06 Industrial Cost Recovery Fund: Funds collected under Industrial Cost Recovery shall be deposited into a special fund entitled "Industrial Cost Recovery Fund," which is hereby established. On an annual basis 100 percent of the amounts recovered, together with interest earned thereon, shall be returned to the govern- mental agency responsible for treatment of such industrial waste. Section 3.07 Annual Review: Industrial users shall be reviewed annually by the City of Euless for quantity and strength of waste, and the Industrial Cost Recovery adjusted accordingly. SECTION IV CERTAIN WASTE PROHIBITED IN PUBLIC SEWERS Section 4.01 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 watercourse within the city. Section 4.02 No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, or drain- age 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. Section 4.03 No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materi- als, waters or waste: A. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit sixty -five (65) degrees Centigrade. B. Any water or waste which contains wax, grease or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between thirty -two (32) degrees to one hundred fifty (150) degrees Fahrenheit. C. Flammable or explosive liquid, solid or gas, such as gasoline, kerosene, benzene, naphtha, etc. D. 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. E. Any garbage that has not been properly comminuted or shredded, then it may be accepted if suitably pretreated. F. 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, attention or expense to handle such material. G. 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 in solution or suspension in concentrations exceeding the following: Chromium as Cr -- 5.0 milligrams per liter Copper as Cu -- 1.0 milligrams per liter Zinc as Zn -- 5.0 milligrams per liter Nickel as Ni -- 1..0 milligrams per liter Cadmium -- 0.02 milligrams per liter Arsenic -- 0.05 milligrams per liter Barium -- 5.0 milligrams per liter Boron -- 1.0 milligrams per liter Lead -- 0.1 milligrams per liter Manganese -- 1.0 milligrams per liter Mercury -- 0.005 milligrams per liter Selenium -- 0.02 milligrams per liter Silver -- 0.1 milligrams per liter or elements which will damage collection facilities or are detrimental to treatment processes. Section 4.04 Cyanide or Cyanogen compounds in excess of 2.0 parts per million by weight as CN. Section 4.05 Any water or waste that contains more than ten (10) parts per million of the following gases: Hydrogen sulfide, sulphur dioxide or nitrous oxide. Section 4.06 Radioactive materials, in the absence of a specific permit issued by the director for the discharge of such waste. SECTION U SPECIAL PROCEDURES RELATING TO INDUSTRIAL WASTE Section 5.01 Permits: From and 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. 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 - 12 - building inspector for a permit. Application forms will be furnished by 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 demon- strates that the waste or wastewater to be deposited by the applicant in the sanitary sewer will comply with all the regu- lations of this Code. Section 5.02 Structures Required: 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 pre- treatment, such control manhole to be for the purpose of facilitating observations, measurements and sam- pling 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 director. The control manhole shall be constructed and installed at the expense of the person discharg- ing the waste, and it shall be maintained at the expense of such person at all times in a safe, acceptable and proper operating condition. Section 5.03 Disconnection: If any person depositing or discharging indus- trial waste into the sanitary sewer fails to secure an industrial waste permit within the time prescribed herein or if any person allows or causes waste of unacceptable quality under the require- ments 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 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 recon- nected at the owner's expense. The director shall notify the occupant or user of the premises where the waste is generated twenty -four (24) hours before disconnecting the service line. No sanitary sewer connection or water connection disconnected here- under shall be reconnected until the condition causing the discon- nection has been corrected. Section 5.04 Inspection: The inspectors, agents or representatives 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. - 13 - 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 representatives free access at all reasonable times to all parts of such premises for the purpose of inspecting 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 grounds for the disconnection of water and /or sewer service. Section 5.05 Measurement of Flow: The volume of flow used in computing sewage service charges 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 a 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 director. Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of his water supply from sources other than the Euless Water Department, all or part of which is discharged into the sanitary sewer, shall install and maintain at his expense water meters of the type approved by the director 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 director. Where it can be shown to the satisfaction of the director 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 director may require or permit the installation of additional meters at the owner's expense in such manner as to measure the quantity of water actually entering the said sanitary sewerage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to deter- mine the sewer service charge may be the quantity of water actually entering the sewerage system as so determined, if the director so elects. If the director 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 fie may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the city and /or the quality of the sewage to be used to deter- mine the sewer service charge. Section 5.06 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 director. Samples shall be - 14 - collected in such manner as to be representative of the char- acter and concentration of the waste under operational conditions. The laboratory methods used in the examination of said waste shall be those set forth in the Standard Methods. The determin- ation of the character and concentration of industrial waste shall be made by the director at such times and on such schedules as may be established by the director. Should an owner or occupant dis- charging industrial waste to the sanitary sewers desire a deter- mination of the quality of such industrial waste be made at some time other than that scheduled by the director, such special determination may be made by the director at the expense of the owner or occupant discharging the waste. SECTION VI PRETREATMENT Section 6.01 Owners or occupants or any other person, generating waste pro- hibited 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. Section 6.02 It shall be the responsibility of any person, owner or occupant discharging wastes into the sanitary sewerage system of the city to furnish the director with drawings or plans and specifications in such detail as he may require to determine if the pre- treatment 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 director 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 director under the terms of this section. SECTION VII Section 7.01 This ordinance shall repeal Ordinance Numbers 258, 358, 378, 469, 472 and 525. This ordinance shall also repeal every other prior ordinance in conflict herewith but only insofar as the portion of such prior ordinance 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 VIII Section 8.01 That if any section, part of a section or provision of any section of this ordinance shall be held to be void, ineffective or uncon- stitutional 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 - 15 - 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 IX Section 9.01 That the violation of any provision of this ordinance or of the Euless City Code relating to the pretreatment disposition or dis- charge 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 (5200) 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 X Section 10.01 The fact that the enactment of this ordinance is necessary to preserve the public business, health, safety and general welfare creates an emergency and requires that this ordinance shall take effect immediately from and after its passage. PRESENTED AND PASSED on first and final reading on the 27th day of March, 1979, at a regular meeting of the City Council of the City of Euless, Texas, by a vote of 4 ayes, 0 nays, and 0 abstentions. ATTEST: City Secretary VED AS..a'O FORM: ill CiV At�prney APPROVED: I W�'W_" E0 111100 - 16 -