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HomeMy WebLinkAbout12896 ORD - 11/12/1975• r AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING ARTICLE 1, CHAPTER 38, SECTION 38 -5, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL; REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWAGE SYSTEM OF THE CITY OF CORPUS CHRISTI; DEFINING TERMS; REQUIRING COMPLIANCE WITH EXISTING AUTHORITY; PROHIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; PROVIDING FOR THE ISSUANCE OF PERMITS FOR DISCHARGING WASTES; REQUIRING CONTROL MANHOLES; AUTHORIZING DIS- CONNECTION OF WATER AND /OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PROVIDING FOR INSPEC- TION AND SAMPLING OF INDUSTRIAL WASTE; REQUIRING THE PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO DETERMINE THE SUFFICIENCY OF PRETREATMENT; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; PROVIDING, AN APPEAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PARTICULARLY REPEALING ORDINANCE - NO. 10499 IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE. WHEREAS, the City of Corpus Christi has provided facilities for the collection and treatment of wastewater to promote the health, safety, and convenience of its people and for the safe- guarding of water resources common to all; and WHEREAS, provision has been made in the design, construction and operation of such facilities to accomodate certain types and quantities of industrial wastes in addition to normal wastewater; and WHEREAS, it is the obligation of the producers of industrial waste to defray the costs of the wastewater treatment services rendered by the City of Corpus Christi in an equitable manner and, insofar as it is practicable, in proportion to benefits derived; and WHEREAS, protection of the quality of the effluent and proper operation of the wastewater collection and treatment facilities and quality of effluent may require either the exclusion, pretreatment, or controlled discharge at point of origin of certain types or quantities of industrial wastes; TEXAS: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Article 1, Chapter 38, Section 38 -5 of the i Corpus Christi City Code (1958) is hdreby amended and, after having been so amended, shall hereafter read as follows: "Sec. 38 -5. Regulations governing commercial and industrial waste disposal. 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 as herein defined having a sus- pended 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. 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 sewage service. 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 biochemical 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 liter). B.O.D. Strength Index. By the term B.O.D. Strength Index is meant the measure of the biochemical oxygen demand content of sewage in parts per million (milli- grams per liter). -2- 0 City. By the tgim City is meant the City of Corpus Christi or the City Manager, Director of the Public Utilities Department, or other authorized representative. C.O.D. (Denoting Chemical Oxygen Demand). By the term C.O.D. is meant the measure of the oxygen consuming capa- city of inorganic and organic matter present in the water or wastewater expressed in milligrams /liter as the amount of oxygen consumed from a chemical oxidant in a specific test, but not differentiating between stable and unstable organic matter and this not necessarily correlating with biochemical oxygen demand. J Control Manhole. By the term Control Manhole is meant a manhole giving access to a building sewer at some point before the building sewer discharge mixes with other dis- charges in the.public sewer. Cooling Slater. By the term Cooling Water is meant the water discharge 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 1500 Fahrenheit, as measured at the control manhole. Corrosive Waste. By the term Corrosive Waste is meant any and all liquid or waterborne waste, gaseous or solid substance which causes actual physical damage or destruction to any public or sanitary sewer or which prevents or materially retards treatment of sewage in the sewage treatment plant. Domestic Sewage. A combination of water carried wastes, free,from ground, surface and storm water and industrial wastes, normally discharging from sanitary conveniences. -3- Garbage. By the term Garbage is meant solid waste from domestic or commercial preparation, cooking or dis- pensing 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, gaseous or solid substances that result from any process of industry, manufacturing, trade or business, or any mixture of the waste with water or normal sewage, or distinct from normal sewage. Normal Sewage. By the term Normal Sewage is meant sewage which, when analyzed, shows by weight a daily average of not more than 2,502 pounds per million gallons (300 parts per million) of suspended solids and not more than 2,502 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 Corpus Christi, 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. -4- • HH. By the term pH is fneant the logarithm of'the reciprocal of the weight of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with "Standard Methods ". Polluted Water or Waste. By the term Polluted Water or Waste is meant industrial waste or any water or liquid waste containing any of the following: Phenols or other substances to an extent imparting taste and odor characteristic of such phenol or other substances, as the case may be, in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorour gases; more than I0,000 parts per million, by weight, of dissolved solids; more than 20 parts per million each of suspended soilds and /or B.O.D.; color exceeding 50 color units as determined by the platinum- cobalt method; or having a pH value of less than 5.5 or more than 9.5; 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 1/2 -inch in any dimension. Sanitary Conveniences. By the term Sanitary Conveniences is meant toilets, showers, and similar plumbing facilities. Sanitary Sewer. By the term Sanitary Sewer is meant a publicly owned pipe or conduit designed to collect and -5- transport industrial waste or domestic sewage or a com- bination of both, and into which storm water, surface water, groundwater and other unpolluted wastes are not intentionally passed. Sanitary Sewer System. The term Sanitary Sewer System is synonymous with "Sewage Works ". Sewage Treatment Plant. By the term Sewage Treatment Plant is meant any arrangement of devices or structures used for treating sewage. Sewage Works. By the term Sewage Works is meant all facilities for collecting, pumping, treating and die -' Posing of sewage. 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 liter). Standard Methods. By the term Standard Methods is meant the latest edition, at the time of analysis, of "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, a true copy of which as used by the City for the en- forcement of this ordinance shall be at all times on file with the City Secretary of the City of Corpus Christi, and available for public inspection during regular business hours. Strength Index. By the term Strength Index is meant both the biochemical oxygen demand index and the sus- pended solids strength index. Suspended Solids. By the term Suspended Solids is meant -6- solids that either float on the surface of, or in sus- pension in, water, sewage or other liquid and which are removable by a laboratory filtering device. Unpolluted Water or Waste. By the term Unpolluted Water or Waste is meant any water or liquid waste or industrial waste containing none of the following: Free or emulsified grease or oil; acids or alkalis; 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; not more than 20 parts per million each of suspended solids and B.O.D.; color not exceeding 50 color units as determined by the platinum- cobalt method, nor a pH value of less than 5.5 nor higher than 9.5; and /or any water or waste approved for discharge into a stream or waterway by the appropriate State or Federal authority. Wastewater. By the term Wastewater is meant water that has been used by and discharged from an industry, com- mercial enterprise, household or other water consumer, which water may be either polluted or unpolluted. Watercourse. By the term Watercourse is meant a natural or man -made channel in which a flow of water occurs, either continuously or intermittently. 2. COMPLIANCE WITH ERISTING AUTHORITY. (a) Unless exception is granted by the City or a dis- charger has a permit issued by any State or Federal regulatory agency covering such discharge, the public sanitary sewer system, where available, shall be used by all persons discharging: -7- (1) wastewater; (2) industrial waste; (3) polluted liquids- (b) Unless authorized by the Texas Water Quality Board, no person may deposit or discharge any waste included in subsection (a) of this section on public or private property into or adjacent to any; (1) natural outlet; (2) watercourse; (3) storm sewer; (4) other area within the jurisdiction of the City. (c) The City 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. (d) Where wastewater, liquid industrial wastes or polluted liquids are to be transported by vehicle on or across public right -of -way for disposal to public sewers the terms of Ordinance No./ a rF7 shall apply. 3. CERTAIN WASTES PROHIBITED IN PUBLIC SEWERS. (a) Except as allowed under a permit issued by any State or Federal regulatory agency covering such discharge, it shall be unlawful for any person to discharge or cause to be discharged into any storm drain or any watercourse within the City any industrial waste that would constitute polluted water or corrosive waste as herein defined. (b) No person shall discharge or cause to be discharged any storm water, groundwater, roof runoff, sub- -8- surface drainage, or drainage from downspouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by the City Code. No person shall remove the top of a manhole or break into a manhole to permit drainage of ground or surface water into the sewage system or for any other purpose. Grease, oil, and sand interceptors shall be provided when they are necessary for the proper handling of liquid wastes containing sand or containing grease or oil in quantities or concentrations as specified in 3(d)(1) hereof, any flammable wastes, or other harmful ingredients, in compliance with the City of Corpus Christi Plumbing Code. Where installed, all grease, oil, and sand interceptors shall be maintained by owner, at his expense, in continuously efficient operation at all times. Water from unpolluted industrial discharges such as water drains, blow - off pipes, or cooling water from various equipment shall not be discharged into sanitary sewers if a closed storm sewer is available. If a closed storm sewer is not available, such water may be discharged into the sanitary sewer by indirect connection where- by such discharge is properly trapped, cooled below 1500 Fahrenheit, if required, and flows into the sanitary sewer at a rate not in excess of 10 gallons per minute, provided that the waste does not c ontain materials or substances in suspension or solution in violation of the limits prescribed by this Code. (c) No person may discharge or cause to be discharged in- to public sewers any waste which by itself or by interaction with other wastes may: (1) injure or interfere with wastewater treatment -9- processes or facilities; (2) constitute a hazard to humans or animals; or (3) create a hazard in receiving waters of the wastewater treatment plant effluent. (d) In compliance with the Texas Water Quality Act and other statutes, the City may designate storm sewers and other watercourses into which unpolluted drain- age described in subsection (b) of this section may be discharged. (e) No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters or wastes: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (650 Centigrade) or any substance which causes the temperature of the total wastewater 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 temperature to one hundred ten (110) degrees Fahrenheit. (2) Flammable or explosive liquid, solid or gas, such as gasoline, kerosene, benzene, naptha. (3) Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper oper- ation of the sewage works, such as, but limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rage, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, bulk -10- • • solids, and any water or waste which contains was, grease or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32 degrees and 150 degrees Fahrenheit. (4) Any garbage that has not been properly com- minuted or shredded. If properly comminuted or shredded, then it may be accepted if all particles can be carried freely under the flow conditions normally prevailing in public sewers. Particles greater than 1/2-inch in any dimension .are prohibited. The installation of any grinder equipped with a motor of one (1) horsepower or greater shall be subject to review and approval of the City, considering (a) the interior dia- meter and gradient of the pipe connecting such grinder to the City sewer line, (b) the interior diameter and gradient of the City sewer line at the connection to such pipe, (c) the rate and cubic volume per minute of discharge from said grinder into said pipe, and (d) the capacity and ability of the sewage treatment plant to process such garbage as delivered. (5) Any noxious or malodorous substances which can form a gas which, either singly or by interacting 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. -11- (6) Any material which may cause excessive dis- coloration such as, but not limited to, dye wastes and vegetable tanning solutions where the coloration will not be removed by the y sewage treatment processes. (7) Petroleum oil or greases in accordance with 3(e)(1) hereof. (8) Prohibited heavy metals and toxic materials included but are not limited to:. (1) Antimony, . (2) Beryllium, (3) Bismuth, (4) Cobalt, (5) Molybdenum, (6) Uranyl ion, (7) Rhenium, (8) Strontium, (9) Tellurium, (10) Herbicides, (11) Fungicides, and (12) Pesticides. (9) Any substance that will pass to the receiving waters without being effectively treated by normal wastewater treatment processes due to the nonamenability of the substance to bacterial action. (f) No person shall discharge or cause to be discharged into any public sewer as defined herein any of the following, except in quantities or concentrations or with provisions as stipulated herein: (1) Free or emulsified oil and grease exceeding -12- on analysis an average of 100 parts per million (834 pounds per million gallons) of either or both or combinations of free or emulsified animal or vegetable oil and grease, if it appears probable that such wastes: (a) Can deposit grease or oil in the sewer lines in such a manner as to clog the sewers; (b) Can overload skimming and grease - handling equipment; (c) Can have deleterious effects on the treatment process due to the excessive quantities. (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 9.5. In no case shall corrosive waste be discharged - into a drain, sanitary sewer, storm sewer or soil waste pipe without being first diluted or neutralized so as to render such wastes non- corrosive. These wastes shall be treated by passing through a properly trapped dilution or neutralizing catch basin which shall function automatically. (3) Salts of a heavy metal in solution or suspen- sion in concentrations exceeding the following: Arsenic (As) 0.050 Parts per million Barium (Be) 5.000 " " 1. Boron (B) 1.000 " Cadmium (Cd) 0.020 Chromium (Cr) 5.000 Copper (Cu) 1.000 Lead (Pb) 0.100 -13- without a permit from the City specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions. (4) Cyanide or Cyanogen compounds in excess of 1,.0 part per million by weight as Cyanide. (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 wastes or isotopes into public sewers without the permission of the City. The City may establish, in compliance with applicable State and Federal regulations, regulations for discharge of radioactive wastes into public sewers. (7) Flouride other than that contained in the public water supply. (S) Objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treat- ment plant exceeds the limits established by the City for such materials. -14- Manganese (Mn) 1.000 Parts per million Mercury (Hg) 0.005 " It " Nickel (Ni) 1.000 to " Selenium (Se) 0.020 " It " Silver (Ag) 0.100 Zinc (Zu) 5.000 or other heavy metals or toxic materials, without a permit from the City specifying conditions of pretreatment, concentrations, volumes, and other applicable provisions. (4) Cyanide or Cyanogen compounds in excess of 1,.0 part per million by weight as Cyanide. (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 wastes or isotopes into public sewers without the permission of the City. The City may establish, in compliance with applicable State and Federal regulations, regulations for discharge of radioactive wastes into public sewers. (7) Flouride other than that contained in the public water supply. (S) Objectionable or toxic substances, exerting an excessive chlorine requirement, to such degree that any such material received in the composite wastewater at the wastewater treat- ment plant exceeds the limits established by the City for such materials. -14- �1 L_J (g) Any person who refuses to comply with, or who resists or willfully violates Section 38 -5, paragraph 3, or who refuses to comply with the provisions of said section, shall be served by the City with a written notice stating the nature of the violation and pro- viding up to 90 days for satisfactory correction thereof. Any person who shall continue any violation beyond said time limit shall be deemed in breach of his service contract and shall be summarily discon- nected from.the sanitary sewer by the City, such disconnection and reconnection, if any, to be at total expense to the owner. Where waste damaging to sewer lines or treatment processes is released to the sewer which causes rapid deterioration of these structures, interferes with proper treatment of sewage, or creates a public nuisance, the owner will be notified by the City to take necessary steps to correct the problem; however, the City is authorized to terminate-service by such measures as are necessary to protect immediately the facil- ities if corrective action is not taken immediately. This remedy of the City is cumulative of all other remedies at law or equity available to the City. (h) No person shall discharge any water or wastes con- taining substances in such concentrations which will cause the final effluent from the sewage treatment plant to be unable to meet the requirements of the State, Federal, or other public agencies of juris- diction for such discharge to the receiving waters. 4. SPECIAL PROCEDURES RELATING TO INDUSTRIAL WASTE. (a) Permits for Discharge of Industrial Waste. After the effective date of this amended ordinance, no -15- U person, firm or establishment not now so doing shall deposit or discharge any acceptable industrial waste into any sanitary sewer which leads to any of the City's sewage treatment plants without first obtain r ing a permit therefor. After July 1, 1976, no person, firm or establishment shall discharge any acceptable industrial waste into any sanitary sewer which leads to any of the City's sewage treatment plants without first,obtaining a permit therefor. (b) Conditions for Permit — New Establishments. Permits for new establishments constructed after the effective date of this ordinance will be issued only after the following conditions are met: (1) Formal application is submitted on a form issued by the City. (2) Where applicable, pretreatment facilities and /or flow regulating devices approved by the City have been installed. (3) Estimated amounts and strengths of industrial wastes have been agreed upon by both parties. (4) Agreement forms have been completed by the discharger agreeing to payment of any sur- charges as required and /or the operation and maintenance of any pretreatment facilities where applicable. (5) All new dischargers shall provide a sampling point subject to approval of the City. (c) Conditions for Permits — Existing Establishments. (1) Formal application is submitted by January 1, 1976, on a form issued by the City. (2) Where applicable, plans and specifications for -16- • pretreatment facilities have been approved by the City. (3) Estimated or actual amounts and strengths of industrial wastes have been agreed upon by both parties. (4) Agreement forms have been completed by the discharger agreeing to payment of any sur- charge as required and /or agreeing to the installation of pretreatment facilities and operation and maintenance of same where applicable. (d) Conditions for Discharging -- Existing Establishments. Existing establishments discharging into the municipal collection system on the effective date of this ordin- ance shall be subject to all provisions of this ordin- ance including surcharge provisions even though a permit to discharge may not have been issued. (e) Structure Required. When sampling has indicated a violative strength of prohibited waste is being dis- charged into the sewage works by an owner who has a sanitary sewer service contract as of the effective date of this ordinance, the City may construct a suitable control manhole, downstream from any treat- ment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole may be constructed on such person's property at a loca- tion which is readily accessible, provides ease of entrance, and in a manner approved by the City, and by connection of the serviced premises to the sewage -17- • works it shall be deemed that the owner consents to terms of contract with the City that such entry may be made by the City without charge to the City. In the event no special manhole is required to accurately determine the quality and quantity of waste being dis- charged, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the serviced premises is con- nected. Any persons first using the system after the effective date hereof shall provide and maintain such manhole at their sole expense. (f) Disconnection. (1) If any person, depositing or discharging indus- trial waste into the sanitary sewer fails to comply with the terms of this ordinance within 90 days after written notice of noncompliance or if said person fails to obtain a variance as hereinafter provided 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 City 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 or sewage works and the same shall only be reconnected at the owner's expense. If such person does not use City water, the City 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 City shall notify the occupant or user of the premises where the waste is generated 24 hours before disconnecting -18- • the service line and shall inform the occupant or user of the reason or condition causing the disconnection. No sanitary sewer connection or water connection disconnected hereunder shall be reconnected until the condition causing the dis- connection has been corrected. (2) (a) The City may immediately terminate water and wastewater disposal service and dis- connect an industrial customer from the system when (1) acids or chemicals damaging to sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with proper conveyance and treatment of wastewater; (2) a governmental agency informs the City that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the City's system that cannot be suf- ficiently treated or requires treatment that is not provided by the City as normal domestic treatment; or (3) the industrial customer: (A) discharges industrial waste or wastewater that is in violation of the permit issued by the City; (B) discharges wastewater at an uncon- trolled, variable rate in sufficient quantity to cause an imbalance in -19- the wastewater treatment system; (C) fails to pay monthly bills for water and sanitary sewer services when due; or (D) repeats a discharge of prohibited wastes to public sewers. (b) If service is discontinued pursuant to sub- section (a)(2) of this section, the City shall (1) disconnect the customer; (2) supply the customer with the govern- mental agency's report and provide the customer with all pertinent informa- tion; and (3) continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes. (c) Inspection. The inspectors, agents or representatives of the City of Corpus Christi charged with the enforce- ment 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 Corpus Christi, its agents or representatives 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. Neither the owners nor the occupants of premises where industrial waste is created shall be liable for injury, loss or damage to the City caused while making inspections as required in this ordinance, -20- or resulting from the performance of the aforesaid governmental function. The owners or occupants of premises where industrial waste is created or dis- charged into the sanitary sewer shall allow the City 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 grounds for the disconnection of water and /or sewer service. Inspectors, agents or representatives of the City will notify the property owner or other persons-in charge of the premises that they are there to perform inspection under this ordinance. (d) 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 Corpus Christi Utilities Department. In the event that a person discharging waste into the City's sanitary sewer system produces evidence to the City demon- strating that a portion of the total amount of water used for all purposes does not reach the City's sanitary sewer system, a separate meter or meters may be installed at the owner's expense, upon his request, to measure only that portion of the total flow being discharged into the City's system. Credit may be allowed by the City for evaporation upon request by the owner. If it is impossible to show volume by metering, then recognized industry standards designated by the City may apply. How- ever, in no event will the monthly sewer bill -21- determined by such estimated flow with surcharge ever be less than the published rate times meter flow with- out surcharge. If a surcharge is assessed by the City, it shall be shown separately on the monthly billing. 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 Corpus Christi Utilities 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 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 that a portion of the water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the City, then the owner if he so elects, may install additional meters at the owners expense in such a manner as to measure the quantity of water actually entering the said sanitary sewage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge and Abnormal Sewage Surcharge shall be the quantity of water actually entering the sewage system as so determined. (e) Determining the Character and Concentration of Waste. The industrial waste discharged or deposited into the sanitary sewer shall be subject to periodic inspection and sampling as often as may be deemed necessary by the City. Samples may be collected manually or by the use -22- .1 of mechanical equipment and shall be collected in such manner as to be representative of the character and concentration of the waste under operational condi- tions. The laboratory methods used in the examine- tion of said waste shall be those set forth in the Standard Methods. Independent laboratory tests, at the owner's expense, will be acceptable if performed under direct supervision of a registered professional engineer. (f) Special Considerations. The City reserves the right to review and approve any waters or industrial waste entering the sewer system or proposed to be discharged into the system having an average daily flow greater than 10% of the design flow capacity of the plant which will treat the waste. In the event the City's measurement discloses such flow to be in excess of 10% of said capacity, the City shall be under no obligation to receive such flow in excess of 10% of design capacity and the City's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the City. A special contract, at the City's option, may be made with the user to accommodate such excess flow. 5. PRETREATMENT AND SURCHARGE. (a) Pretreatment. Materials which exert or cause: (1) Unusual concentrations or solids or composition; as for example, in total suspended solids of inert nature (such as Fuller's Earth) or in total dissolved solids (such as sodium chloride, or sodium sulfate); -23- (2) Polluted waste color; (3) Unusual biochemical oxygen demand or an immediate oxygen demand; (4) High hydrogen sulfide content; or r (5) Unusual flow and concentration; shall be pretreated to a concentration acceptable to the City, if such wastes can (a) cause damage to collection facilities, (b) materially impair the processes, (c) incur treatment cost exceeding those of normal sewage, or (d) render the water unfit for stream disposal or industrial use. Where discharge of such wastes to the sanitary sewer are not properly pretreated or otherwise corrected the City may (a) reject the wastes or terminate the service of water or sanitary sewer, (b) require control of the quanitites and rates of discharge of such wastes, or (c) require payment of surcharges as calculated herein below for excessive cost for treatment provided such wastes are amenable to treatment by normal sewage plant facilities operated by the City. It shall be the responsibility of any person, owner or occupant discharging waste into the sanitary sewage system of the City to furnish the City with drawings or plans and specifications in such detail as it may require to determine if the pretreatment structure planned by such person makes allowances for emergency operations. However, the providing of such plans to the City will in no way relieve such person of the responsibility for modifying the structure once con- structed as necessary to produce an effluent acceptable to the City under the terms of this ordinance. Pre- treatment facilities shall be maintained continuously -24- in satisfactory and effective operation by the owner at his expense. (b) Abnormal Sewage Surcharge. Each person covered under the terms of this ordinance is subject to a 24 -hour composite sampling each six months and persons gener- ating Abnormal Sewage which exhibit none of the characteristics of wastes prohibited in Section 38 -5, paragraph 3, other than excessive B.O.D. or suspended solids but having a concentration for a duration of fifteen minutes greater than four times that of "normal" sewage as measured by suspended solids.and biochemical oxygen demand (B.O.D.) or a concentration during a twenty -four hour period average of suspended solids or B.O.D. content in excess of "normal" sewage as defined'in'Section 38 -5, paragraph 1, as "normal" sewage shall be required to pretreat the industrial wastes to meet the requirements of "normal" sewage; however, such wastes may be accepted for treatment if all of the following requirements are met: (1) The wastes will not cause damage to the col- lection system. (2) The wastes will not impair the treatment processes. (3) The donor of the wastes enters into a con- tractual agreement with the City providing for a surcharge as provided herein over and above published sewer rates. (4) The waste is amenable to treatment such that when it leaves the sewage treatment plant to be discharged the waste does not exceed or cause the total discharge to exceed the standards set by Federal and State agencies having jurisdiction. -25- Before establishing a surcharge, the owner must be notified in writing that the waste discharge from his property exceeds. the maximum limits as established in this ordinance. B.O.D. and suspended solids values will be determined from standard values established by the ^_City for various industries having normal pretreat- ment facilities for that industry. Because pretreat- ment facilities will vary, either the owner at his expense or the City at its expense may elect to sample the discharge from an industry to determine more accurate values of B.O.D. and suspended solids being , discharged from a particular industry for the purpose of determining a surcharge. Sampling done by an owner shall be under the direction of a Registered Professional Engineer employed by the owner and reports submitted to the City shall contain a statement that the samples collected and values determined are based on a 24 -hour composite representative of the establishment's flow. Values obtained by composite sampling shall take precedent over Standard values in determining sur- charges. Standard values for industries not included in the table will be determined by the City by compos- ite sampling or,. In the case of f-a new industry not yet discharging,' from. data available from the industry or from other cities. If after 60 days the quality has not been brought within the maximum allowed, the cus- tomer must enter into a surcharge agreement or be disconnected from the City's sanitary sewer system. Surcharges will be adjusted on billings for the month following submission of new data but not more frequently than quarterly. Computations of each surcharge, as applicable, shall be based on the following: -26- S= V x 8.34 x .011 x (B.O.D. - 300) and S= V x 8.34 x .007 x (S.S. - 300). S = Surcharge in dollars for the billing period. V - Water consumption in millions of gallons during the billing period. 8.34 = Weight of water in pounds per gallon. .011 = Unit charge in dollars per pound for B.O.D. .007 - Unit charged in dollars per pound for suspended solids. . B.O.D. - B.O.D. Strength index in parts per million by weight. S.S. = Suspended solids strength index in parts per million by weight. 300 = Normal B.O.D. and suspended solids strength in parts per million by weight. If the strength index for either B.O.D. or S.S. is less than the normal strength index for that category, then there shall be no surcharge for that category, nor shall there be a credit given to the total surcharge. The basis for determining the surcharge shall be reviewed bi- annually and shall be adjusted to reflect any increase or decrease in wastewater treatment costs based on the previous year's experience. 6. VARIANCES. (a) Initial fact determinations, samplings, findings, and rulings under this ordinance shall be made by the Director of the Public Utilities Department or an authorized representative of the City other than the City Manager. -27- (b) Any order, decision, termination of sewer or water service action or directive taken by the City pursuant to this ordinance shall be subject to appeal and review by the City Manager by any aggrieved party upon filing written notice of appeal to the City Manager within seven (7) days of the action com- plained of. The City Manager shall conduct an informal hearing within seven (7) days of receipt of notice of appeal and hear evidence presented by the appealing party and by the officer whose action is complained of. The City Manager shall give at least three (3) days notice of the time and place of the hearing to such party. After the hearing, the City Manager will have five (5) days to render his deter- mination. (c) The City Manager may affirm, modify or reverse any order, decision, termination, action or directive taken by the City pursuant to this ordinance with respect to Waste Prohibited in Public Sewers, Special Procedures Relating to Industrial Waste, or to any requirements for Pretreatment or Imposition of any Surcharge. (d) The decisions of the City Manager are appealable to the City Council subject to the procedures of Article V, Section 15 of the City Charter." SECTION 2. Any new industry must meet the standards herein prior to connection to the sanitary sewer system. SECTION 3. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed. -28- SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 5. This ordinance shall take effect from and after its publication one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in summary the purpose of the ordinance and the penalty for violation thereof, being that penalty provided in Section 1 -6 of the Corpus Christi City Code, 1958. THAT THE FOREGOING ORDINANCE WAS READ FO THE F RST TIME AND PASSED TO ITS SECOND READING ON THIS THE p2Cf '4 DAY OF 19 Y THE FOLLOWING VOTE: JASON LUBY OP.. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE TWAT THE FOREGOING OROINA E WAS R D R THE SE OND TIME AND PASSED TO ITS THIRD READING ON THIS TNE�� DAY 0 19 BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE NAT THE FOREGOING ORDINANCE, VAS AD FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE ...L OF , 19J BY THE FOLLOWING VOTE: JASON LUBY 'r i!.pe.- DR. BILL TIPTON EDUARDO DE ASES RUTH GILL B08 GULLEY Af GABE LOZANO, SR. EDWARD L. SAMPLE ns, PASSED AND APPROVED, THIS THE—L.-L_DAY OF 22An/ • 1i2" ATTEST: CI SECRETARY , MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 24 sT DAY OAS % Ate✓ 19�: l�� CITY ATTORNEY • y • PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nucces. Before me, the undersigned, a Notary public, this day personally came ........ . .......... . . -- .. . .......... who being first duly sworn, according to law, says that he Is the _._...._A4 .O.Q.12 4t3. 11&...._--- ---..— ................... ...... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said C n and S and that the publication of u on �q T OF ORDINANCE NO. .1��2MZDING THE CC CITY CODE, CHAPTER 38-5,- of which the annexed is a true copy, was published in . ....... . . on the--15— day of-.--NZYCMb.9r . . ....... 19-35, anavam-WW ........... ........... 90MUMMM- - -- - - - - --------------- ------- ---- Rowena 15. Velasque4) Accounting Subscribed and sworn to before me this .......... day of ...... Eugenia S. Cortez ...... . �- - Not Pub G Nueces County, Texas :5