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HomeMy WebLinkAbout12897 ORD - 11/12/197510- 20-75; lst AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 38 THEREOF BY THE ADDITION OF ARTICLE XII, SECTIONS 38 -89 TO 38 -94, SAID ARTICLE TO BE KNOWN AS THE "LIQUID WASTE HAULING ORDINANCE;" REGULATING THE TRANSPORTING AND DISCHARGING OF DOMESTIC, COMMERCIAL, AND INDUSTRIAL LIQUID WASTES INTO THE MUNICIPAL WASTEWATER SYSTEM BY COMMERCIAL LIQUID WASTE HAULERS; PROVIDING FOR THE ISSUANCE OF PERMITS; REQUIRING THE KEEPING OF CERTAIN RECORDS; ESTABLISHING DUMPING LOCATIONS; PROHIBITING THE DUMPING OF CERTAIN WASTES; ESTABLISHING DISPOSAL FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. ORDAIMeo BE IT GEBAMMH BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the Corpus Christi City Code, as amended, be and the same is hereby amended by amending Chapter 38 thereof by the addition of Article XII, Sections 38 -89 to 38 -94, said Article to be known as the "Liquid Waste Hauling Ordinance," said Article XII, Sections 38 -89 to 38 -94, to hereafter read as follows: SECTION 38 -89. WASTE HAULING No person except a duly authorized agent or employee of the City shall drain, flush, or clean out any tanks containing chemical liquid waste, septic tank waste, or any other type of sewage disposal waste and transport such waste over City streets or rights -of -way for the purpose of utilizing the City's sewerage system for collection and treatment of the wastes unless such person is issued a permit by the City to perform such acts or services. All persons engaged in the commercial hauling of waste materials in or through the City shall have a permit therefor as required by this chapter. The disposal site and method must be approved by the City and an acceptable log of operation shall be maintained by the hauler and made available for inspection by the City at any reasonable time. By the term City, is meant the City Manager, Director of the Public Utilities Department, or other authorized representative. SECTION 38 -90. WASTE HAULING PERMIT (a) Application: Any person desiring a waste hauling permit as prescribed in Section 1 of this code shall file with the City of Corpus Christi Department of Public Utilities an application therefor on a form to be supplied by the Department of Public Utilities and shall provide therein the following information: (1) Name, address, phone number of the applicant; (2) The trade name under which the applicant does or proposes to do business; (3) The number of vehicles the applicant desires to operate; (4) The class, size, and design of each vehicle, showing that the vehicle and body are of sufficient size and standard to accomplish the work intended to be done; that no spillage or leakage can occur during trans- port and that discharge lines or hoses are provided for sanitary emptying of the vehicle; (5) Whether or not the applicant or any person with whom he has been associated or employed, has claim or judgement against him for damages resulting from the negligent operation of a vehicle; (6) The financial status and responsibility of the applicant as evidenced by the bond required under 2(d); (7) The applicant's ability to respond in the event of damages to persons or property by reason of the negligent operation of a vehicle on a street or public thoroughfare of the City as required under 2(d); (8) The nature and character of the service the appli- cant proposes to render; (9) The experience he has had in rendering such ser- vices; and (10) The patrons for whom he proposes to render the service. (b) Investigation of Application: The Department of Public Utilities shall determine if the applicant meets the qualifications to conduct such business by investigating the statements of the applicant and determining that the applicant is knowledgeable concerning the hazards of materials being handled and rules and regulations of the City concerning transporting and disposal of liquid wastes. -2- (c) Issuance of Permit: If, upon the filing of an application as refered to in Section 2(a) of this Code, it be determined by the City that the applicant is qualified to perform the services; then a permit, as required in Section 1 of the Code, shall be granted, upon the furnishing of the bond required, the furnishing of the policy of the public liability insurance required, the furnishing of the motor vehicle identification number and current license number of each vehicle to be used, inspection and approval of the tank, valves, and hoses of each vehicle by the Public Utilities Department, and the paying of the fee provided. (d) Bond and Insurance Required: No permit, as required in Section 1 of this Code, temporary or annual, shall be issued until the applicant therefor has made and placed in the hands of the City Secretary a good and sufficient indemnity bond in the amount of one Thousand Dollars, indemnifying the City against any claims that may arise against it caused by the applicant's operations or the operations of his agent, servant or employee. No such permit, temporary or annual, shall be issued to any owner or operator of any vehicle, until such owner or operator shall file with the City Secretary and thereafter keep in full force and effect, a policy of public liability insur- ance, with a company authorized to do business in the state and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of a defective vehicle or negligence of the owner or any person driving such vehicle, and such policy shall provide a maximum amount of recovery in such policy as to each and every vehicle to be not less than Ten Thousand Dollars for injury or death of any one person, not less than Twenty Thousand Dollars in any one accident and not less than Five Thousand Dollars for the injury to or destruction of the property in any one accident. -3- (e) Permit Fees: For each permit issued pursuant to the provisions of this ordinance authorizing the hauling of waste, an annual fee shall be paid to the City by the applicant calculated on the basis of $10 for each vehicle used or to be used in the conduct of the business of the applicant. Each permit shall be for a period co- extensive with the calendar year and the full annual fee shall be payable for any fraction of the calendar year. Annual renewal fees shall be paid no later than January 31st of the calendar year. The permit shall continue in full force and effect from issuance to the end of said calendar year, unless sooner revoked, and shall be non - transferable. Each vehicle shall be reinspected by the Department of Public Utilities before issuance of the renewal permit. Any taxes or other debts due the City must be paid prior to permit being issued. (f) Permit Display: The name of the permit holder and the number of the permit granted hereunder shall be plainly identified by sticker, marking, or other identification devices permanently displayed on each side of each motor vehicle used in the performance of the business permitted hereunder. (g) Permits Non - Transferable: All permits for the hauling and dumping of liquid wastes granted shall be non- transferable. (h) Revocation and Recision: Permits for hauling and disposing of liquid wastes may be revoked and rescinded by the City at any time, upon violation of conditions of the permit or violation of any provision of this ordinance or other ordinance of the City or any state law. (i) Temporary Permits Generally: Temporary permits for the hauling and disposal of liquid wastes may be issued by -4- the City, upon application, pending action on an appli- cation for a permanent permit, as required in Section 1 of this Code. Such temporary permit shall be for a period of not more than thirty days and renewable for like periods, not to exceed a total of 90 days. Such temporary permit shall not be issued until Section 2(d) of this Code has been complied with, each vehicle has been inspected by the Public Utilities Department, and a fee of Two Dollars per vehicle, per month, is paid. (j) Driver Certification: Each applicant shall submit a list of all drivers who will be operating vehicles hauling liquid wastes under the applicant's permit and shall certify that the driver has been instructed in these rules and regulations of the City concerning hauling and disposal of liquid wastes. The City shall issue a drivers certification card to each driver which shall be carried by the driver when hauling and dumping liquid wastes and only those persons holding such certi- fication shall be allowed to operate a permitted vehicle. (k) Hauling Log Book: A waste hauling log book shall be established and maintained by any holder of a waste hauling permit. Log entries shall be kept for a mini- mum period of one year, after which the log may be discarded. The log shall contain the following infor- mation: (1) Name, address, phone number, and permit number of hauler; (2) Each date on which waste was hauled: (3) Quantity of waste hauled: (4) Description of waste (chemical name, commercial name, residential septic tank, etc.): (5) Site of disposal; (6) Name and address of customer for whom waste was hauled; and -5- (7) Fee to be paid to the City. SECTION 38 -91. DISPOSAL OF LIQUID WASTE (a) At Municipal Treatment Plants: Residential septic tank wastes, cooking greases from properly constructed resi- dential and restaurant grease traps, and commercial and industrial liquid wastes which are not prohibited in the sewerage system as set forth in Section 38 -5 of this Code, may be hauled to and dumped at specified locations and at specified times at those municipal wastewater treatment plants as are designated by the City from time to time in writing to each hauler. No dumping is permitted into the mains, trunks, interceptors, laterals, manholes, clean -outs, or other units of the municipal wastewater collection system. (b) Prohibition of Wastes: No dumping at the municipal wastewater treatment plants of wastes originating from areas outside the extraterritorial jurisdiction of City is permitted. (c) Disposal Fees: (1) There shall be no charge for dumping waste at the municipal wastewater treatment plants from residential septic tanks located within the City limits provided the collection system is not available to the property. (2) For all other dumping at the municipal wastewater treatment plants, except as provided in Paragraph (c)(3) of this Section, a fee of $1.50 for each 500 gallons or portion thereof of waste removed from each septic tank or holding tank shall be collected from each customer by the hauler and remitted to the Department of Public Utilities no later than the 10th day of the month following the dumping. -6- (3) Where the sanitary sewage collection system is not available to a commercial or industrial customer and sewage or industrial waste from such customer is collected in a holding tank to be hauled to a muni- cipal treatment plant and where the volume of waste will exceed 10,000 gallons per month for a minimum period of 6 months, and where periodic sampling indicates the strength of the sewage does not exceed that of normal domestic sewage and does not contain prohibited industrial wastes; the dumping fee will be the same as the charge per thousand gallons in effect for a customer connected to the collection system. For a waste with a strength greater than that of normal domestic sewage, the fee described in Paragraph (c)(2) of this Section will apply. SECTION 38 -92. All ordinances or parts of ordinances in conflict herewith shall be and are hereby repealed. SECTION 38-93. 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, para- graph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 38 -94. This ordinance shall take effect 90 days 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. -7- THAT THE FOREGOING ORDIMANCE_XA3 R EAD FO TH FIRST TIME AN�ASSED TO ITS SECOND READING ON THIS THE o•� DAY OF FOLLOWING VOTE: 19.x' BY THE JASON LueY OP. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINA CE WAS RE F R 7HE SE OND TIME AND �ASSED TO ITS THIRD READING ON THIS THE r DAY OF FOLLOWING VOTE: s 19,b ;BY THE JASON LueY- DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boo GULLEY GAeE LOZANO, SR. EDWARD L. SAMPLE THAT THE FOREGOING ORDINANCE WAS RE ID FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE DAY OF -- i 19_, BY THE FOLLOWING VOTE: JASON LUBY advz- DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GAGE LOZANO, SR. EDWARD L. SAMPLE PASSED AND APPROVED, THIS THE -J_a,DAY Or_�pYJ gj� ATTEST: -2d CIT SECRETARY MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPIVED: JJ77� - DAY OF� 921-: S S"�C1TY ATTORNEY PUBLISHER'S AFFIDAVIT STATE OF TEXAS, ts, County of Nueces. f Before me, the undersigned, a Notary Public, this day personally came........__ —..._ who being first duly sworn, according to law, says that be is the of the Corpus Christ[ Caller and The Corpus Christi Times, I Daily Newspapers published at Corpus Christi, Texas, in said Coun d State, and that the publication of ___,&e 1ffnMTn'W nW Ph.QQArZV M ..!�.0=,.7Rn1-AM,.DTG THE CORPUS CHR TI C of which the annexed is a true copy, was published In — on the-1.5— day of._._.. -- KQYAMb-eLr-- 1975— .......... . Times. $ .... .. —..23-66 ..... Owens, fl a ------ io- e as counting v Subscribed and sworn to before me this....-Ja . . ....... day of. NoLV a r......._._.......... Eugenia S. Cortez Notary He, Nueces County, TexiA ORDINANCE NO. IW7 NDING THE CDR ST I CITY CODE, IM LADED. BY AMENS 1 - is mwican o Rlal a —w far;, Halal i. shall be a f1m cf rot, xceMlrq Two HuMrtC (f107.D)) D II"'. 0 UNDER MY HAND AZ SEAL M Me CITY of Corpus OWSN.'� re— W. 13111 mY of Nuvpmaer,'i 'WS. Isl BIII G. Read' BILL G. READ. G[TSecrplarr Cily of Corpus Chrisll, Tpaas (SEAL)