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.
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(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.
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(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
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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
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(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.
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(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.
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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
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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
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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)