HomeMy WebLinkAbout18441 ORD - 08/28/1984AN ORDINANCE
AMENDING CHAPTER 55, ARTICLE XII, WATER CONSERVATION, CITY
CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED, TO
ADD A NEW SECTION 55-155, EFFLUENT DISTRIBUTION -PERMIT AND
REGULATIONS; ESTABLISHING A PERMIT SYSTEM FOR EFFLUENT
DISTRIBUTION; SETTING A PERMIT FEE; ESTABLISHING CONDITIONS
AND PROCEDURES; PROVIDING AN EXCEPTION FOR THE BROADWAY
TREATMENT PLANT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE OF SEPTEMBER 1, 1984; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Article XII of Chapter 55 of the City Code is hereby
amended by adding a new Section 55-155:
Sec. 55-155. Effluent Distribution -Permit and Regulations
A. Upon implementation of the City of Corpus Christi Water
Conservation Plan as provided in this Article, the City
may make available effluent water discharged from its
sewage treatment plants for the purpose of watering
lawns, grass, and other plants, dust control and
similar uses. Such effluent water shall be made
available only under the terms and conditions herein
provided and only to such persons,as are duly permitted
as distributors as provided in this section. The City
shall be under no obligation to provide such effluent
and reserves the right to discontinue such service at
any time and to limit the volume and to establish or
alter loading procedures and/or locations as necessary
for the efficient administration of the Wastewater
Division.
B. No Effluent Distribution Permit shall be issued except
upon application filed with the Wastewater Division of
the City. Every such application shall contain the
following information:
1) Name of applicant
2) Name of authorized representative (e.g. president
of corporation; partner; etc.) if applicant is
other than an individual
3) Business address and phone number
4) Residence address and phone number of authorized
individual representative
5) Description of each vehicle and container unit to
be used in the transportation or distribution of ;��P 2 ����
effluent water, including the make, year model, 4
18441 MICROFILMED.
type, weight and gross vehicle weight, container
unit capacity in gallons, vehicle registration
number, and the State safety inspection
certificate number and expiration date.
6) Names and driver's license number of every
proposed driver of such vehicles.
7) Statement of previous use of container units and
any proposed use after or concurrently with such
units use for effluent distribution.
8) Statement of the proposed uses of any effluent
water, including whether the use is proposed for
residential, commercial, or industrial purpose.
C. Upon the filing of the required application, and
payment of the Permit Fee specified herein for each
container unit, the director of the Public Utilities
Department, or his designee, shall upon his
determination that the applicant and vehicles and
container units are in compliance with all applicable
provisions of this article, issue a permit for each
such container unit. Said permit shall identify the
particular unit for which it is issued and shall be
displayed in a prominent place upon the unit. Each
unit shall be separately permitted.
D. The Permit Fee shall be ten dollars ($10) per month for
each unit plus five dollars ($5) per month for each
unit per 1000 gallons of capacity (or portion thereof)
over the first 1000 gallons of capacity. Permits shall
be issued on a quarterly basis from the effective date
of this ordinance; fee proration shall be on a monthly
basis.
E. Provisions to the contrary notwithstanding, the Permit
Fee herein required and the liability insurance
requirements of subsection F(8) shall be waived for
receipt of effluent water from the Broadway Treatment
Plant only. Every such restricted permit so issued
shall be prominently marked to indicate such
restriction.
F. Every Effluent Distribution Permit shall be subject to
the following terms and conditions and no person shall
receive or distribute effluent water except in
compliance herewith:
1) Container units or tanks shall have a minimum
capacity of 500 gallons; shall be capable of being
closed water tight and shall be so closed during
transport of effluent water; and shall be
maintained in a leak -proof condition.
2
2) No vehicle may be used in connnection herewith
which has not been reported on the application and
approved for such use.
3) The City Health Department shall establish a
course of instruction on the handling of
wastewater effluent and shall issue a certificate
to each driver or handler who completes such
course. Every driver or handler shall be so
certified prior to receiving any effluent water
from the City.
4) Effluent water shall be used as soon as possible
to prevent regrowth of bacteria. Permittees shall
check effluent water in their units not less than
every four hours for chlorine residual and
bacteria levels, except for effluent stored in
fixed -site containers which shall be checked not
less than every eight hours.
5) Chlorine residuals shall be maintained at one
milligram per litre (parts per million) [1
mg/1(ppm)], consistent throughout the effluent
container.
6) Average Fecal Coliform (bacteria) levels shall not
exceed 200 counts/100 ml.
7) Effluent containers, including those used for
storage, shall be subject to inspection and
approval of the City Health Department, whose
inspectors are hereby authorized to prohibit the
use of any container or effluent water which is
determined to be outside the parameters
established in this section or is otherwise
determined to present a danger to the public
health.
8) Every permittee shall provide proof of and shall
maintain in force a policy of comprehensive
general liability insurance covering personal
injury and property damage with minimum limits of
liability for personal injury in the amounts of
$100,000 per person and $300,000 per occurrence
and for property damage in the amount of $50,000;
or shall maintain a policy of general business
liability insurance with a contractual liability
endorsement; and shall maintain a policy of
automobile liability insurance in the minimum
amounts set by State law.
3
9) By acceptance of a permit under this section
and/or receipt of effluent water from the City
system, the permittee and/or recipient of such
effluent agree to fully indemnify, save and hold
harmless, the City of Corpus Christi, Texas, its
agents and employees, from and against all claims
and actions, and all expenses incidental to the
investigation and defense thereof, based upon or
arising out of damages or injuries to person or
property in any way related to or in connection
with the use or distribution of effluent water
under this section.
10) Permittees shall provide a written notice to every
person to whom effluent is furnished which shall
state in not less than ten point type,
substantially as follows:
CAUTION
You are hereby advised that effluent water is the
discharged water from a sewage treatment plant. The
Director of Public Health has determined that improper
use or handling could be harmful and recommends the
following precautions:
1) Do not use effluent water for drinking,
bathing, or personal hygiene purposes.
2) Do not use effluent water for washing autos,
clothes, or other personal contact items.
3) Do not use effluent water in swimming pools
or for similar recreational uses.
4) Do not allow children to play on grass wet
with effluent water, wait until it dries.
5) Do not use effluent which has been stored for
more than four hours unless the chlorine
residual level has been tested and is not
less than one part per million [1mg/1(ppm)].
6) Application of effluent shall be by coarse
stream and shall not be by fine spray.
F. Violation of any of the cautions herein set forth, by
any person, shall be a violation of this ordinance.
G. Violation of any of the provisions of this section, in
addition to the general penalties provided in this
4
article, shall result in denial or revocation of any
such violator's Effluent Distribution Permit.
SECTION 2. Publication shall be made one time by publishing in the
official newspaper of the City of Corpus Christi the caption of this ordinance
stating in substance the purpose of the aforesaid ordinance.
SECTION 3. The effective date of this ordinance shall be September 1,
1984.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by implementing the conservation of
water at the earliest practicable date, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this ordinance
is pass upon first reading as an emergency measure, this the day of
Alp , 1984.
ATTEST:
str
ecretary MAYOR
APPROVED:
J. BRUCE
ii DAY OF/O 1984
OCK, CITY ATT EY
A
By
Assists ity ttorney
5
vt�
THE CIT rF CORPUS CHRISTI, TEXAS
Corpus Christi, Te�y}s
:' day of
198
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE ITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
18441
TO
Bill Read, City Secretary
FROM
SUBJECT
Gary N. Patterson, Assistant City Attorney
Effluent Ordinance
Date
• City of a ;hristi
August 30, 1984
Attached is the final official Effluent Ordinance adopted by the Council
August 28, 1984 with the Council's amendments. These provisions have been
approved by the City Manager.
Permits are required for all recipients of effluent but no fee (and no
insurance) is required of those permits restricted to the Broadway
Treatment Plant. Permit fees are $10 per month for each unit plus $5 per
month per 1,000 gallons of capacity (or portion thereof) over the first
1,000 gallons of capacity, and will be issued on a quarterly basis from
September 1. Proration will be on a monthly basis.
Thank you very much.
Ga y N. erson
GNP:nh
xc: J. Bruce Aycock
Jay Doegey
Hal George
Jimmy Bray
Dr. C.M.G. Buttery
Harry Powell
Becky Gadell
Douglas Matthews
Jim Van Havermaat
Ron Strahlendorff
AN ORDINANCE
AMENDING CHAPTER 55, ARTICLE XII, WATER CONSERVATION, CITY
CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED, TO
ADD A NEW SECTION 55-155, EFFLUENT DISTRIBUTION -PERMIT AND
REGULATIONS; ESTABLISHING A PERMIT SYSTEM FOR EFFLUENT
DISTRIBUTION; SETTING A PERMIT FEE; ESTABLISHING CONDITIONS
AND PROCEDURES; PROVIDING AN EXCEPTION FOR THE BROADWAY
TREATMENT PLANT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE OF SEPTEMBER 1, 1984; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Article XII of Chapter 55 of the City Code is hereby
amended by adding a new Section 55-155:
Sec. 55-155. Effluent Distribution -Permit and Regulations
A. Upon implementation of the City of Corpus Christi Water
Conservation Plan as provided in this Article, the City
may make available effluent water discharged from its
sewage treatment plants for the purpose of watering
lawns, grass, and other plants, dust control and
similar uses. Such effluent water shall be made
available only under the terms and conditions herein
provided and only to such persons as are duly permitted
as distributors as provided in this section. The City
shall be under no obligation to provide such effluent
and reserves the right to discontinue such service at
any time and to limit the volume and to establish or
alter loading procedures and/or locations as necessary
for the efficient administration of the Wastewater
Division.
B. No Effluent Distribution Permit shall be issued except
upon application filed with the Wastewater Division of
the City. Every such application shall contain the
following information:
1) Name of applicant
2) Name of authorized representative (e.g. president
of corporation; partner; etc.) if applicant is
other than an individual
3) Business address and phone number
4) Residence address and phone number of authorized
individual representative
5) Description of each vehicle and container unit to
be used in the transportation or distribution of
effluent water, including the make, year model,
type, weight and gross vehicle weight, container
unit capacity in gallons, vehicle registration
number, and the State safety inspection
certificate number and expiration date.
6) Names and driver's license number of every
proposed driver of such vehicles.
7) Statement of previous use of container units and
any proposed use after or concurrently with such
units use for effluent distribution.
8) Statement of the proposed uses of any effluent
water, including whether the use is proposed for
residential, commercial, or industrial purpose.
C. Upon the filing of the required application, and
payment of the Permit Fee specified herein for each
container unit, the director of the Public Utilities
Department, or his designee, shall upon his
determination that the applicant and vehicles and
container units are in compliance with all applicable
provisions of this article, issue a permit for each
such container unit. Said permit shall identify the
particular unit for which it is issued and shall be
displayed in a prominent place upon the unit. Each
unit shall be separately permitted.
D. The Permit Fee shall be ten dollars ($10) per month for
each unit plus five dollars ($5) per month for each
unit per 1000 gallons of capacity (or portion thereof)
over the first 1000 gallons of capacity. Permits shall
be issued on a quarterly basis from the effective date
of this ordinance; fee proration shall be on a monthly
basis.
E. Provisions to the contrary notwithstanding, the Permit
Fee herein required and the liability insurance
requirements of subsection F(8) shall be waived for
receipt of effluent water from the Broadway Treatment
Plant only. Every such restricted permit so issued
shall be prominently marked to indicate such
restriction.
F. Every Effluent Distribution Permit shall be subject to
the following terms and conditions and no person shall
receive or distribute effluent water except in
compliance herewith:
1) Container units or tanks shall have a minimum
capacity of 500 gallons; shall be capable of being
closed water tight and shall be so closed during
transport of effluent water; and shall be
maintained in a leak -proof condition.
2
2) No vehicle may be used in connnection herewith
which has not been reported on the application and
approved for such use.
3) The City Health Department shall establish a
course of instruction on the handling of
wastewater effluent and shall issue a certificate
to each driver or handler who completes such
course. Every driver or handler shall be so
certified prior to receiving any effluent water
from the City.
4) Effluent water shall be used as soon as possible
to prevent regrowth of bacteria. Permittees shall
check effluent water in their units not less than
every four hours for chlorine residual and
bacteria levels, except for effluent stored in
fixed -site containers which shall be checked not
less than every eight hours.
5) Chlorine residuals shall be maintained at one
milligram per litre (parts per million) [1
mg/1(ppm)], consistent throughout the effluent
container.
6) Average Fecal Coliform (bacteria) levels shall not
exceed 200 counts/100 ml.
7) Effluent containers, including those used for
storage, shall be subject to inspection and
approval of the City Health Department, whose
inspectors are hereby authorized to prohibit the
use of any container or effluent water which is
determined to be outside the parameters
established in this section or is otherwise
determined to present a danger to the public
health.
8) Every permittee shall provide proof of and shall
maintain in force a policy of comprehensive
general liability insurance covering personal
injury and property damage with minimum limits of
liability for personal injury in the amounts of
$100,000 per person and $300,000 per occurrence
and for property damage in the amount of $50,000;
or shall maintain a policy of general business
liability insurance with a contractual liability
endorsement; and shall maintain a policy of
automobile liability insurance in the minimum
amounts set by State law.
3
1
9) By acceptance of a permit under this section
and/or receipt of effluent water from the City
system, the permittee and/or recipient of such
effluent agree to fully indemnify, save and hold
harmless, the City of Corpus Christi, Texas, its
agents and employees, from and against all claims
and actions, and all expenses incidental to the
investigation and defense thereof, based upon or
arising out of damages or injuries to person or
property in any way related to or in connection
with the use or distribution of effluent water
under this section.
10) Permittees shall provide a written notice to every
person to whom effluent is furnished which shall
state in not less than ten point type,
substantially as follows:
CAUTION
You are hereby advised that effluent water is the
discharged water from a sewage treatment plant. The
Director of Public Health has determined that improper
use or handling could be harmful and recommends the
following precautions:
1) Do not use effluent water for drinking,
bathing, or personal hygiene purposes.
2) Do not use effluent water for washing autos,
clothes, or other personal contact items.
3) Do not use effluent water in swimming pools
or for similar recreational uses.
4) Do not allow children to play on grass wet
with effluent water, wait until it dries.
Do not use effluent which has been stored for
more than four hours unless the chlorine
residual level has been tested and is not
less than one part per million [1mg/1(ppm)].
6) Application of effluent shall be by coarse
stream and shall not be by fine spray.
F. Violation of any of the cautions herein set forth, by
any person, shall be a violation of this ordinance.
G. Violation of any of the provisions of this section, in
addition to the general penalties provided in this
article, shall result in denial or revocation of any
such violator's Effluent Distribution Permit.
SECTION 2. Publication shall be made one time by publishing in the
official newspaper of the City of Corpus Christi the caption of this ordinance
stating in substance the purpose of the aforesaid ordinance.
SECTION 3. The effective date of this ordinance shall be September 1,
1984.
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by implementing the conservation of
water at the earliest practicable date, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this ordinance
is passed upon first reading as an emergency measure, this the day of
, 1984.
ATTEST:
City Secretary MAYOR
APPROVED: DAY OF� , 1984
J. BRUCE A�CITY ATT OEOEYY
BY C> 'g''t-,�
Assists ity ttorney
5
THE CITY OF CORPUS CHRISTI, TEXAS
TO
Edward Martin, City Manager
FROM
SUBJECT
Gary . Patterson, Assistant City Attorney
E fluent Ordinance
Date
City of Cornus Christi
August 30, 1984
Attached are two versions of the Effluent Ordinance (page 2) which
incorporate the amendments adopted in the Tuesday Council meeting. The
attempt is to amend as the Council intended without creating internal
conflicts. Some guidance is needed on the question of whether the intent
was to eliminate the permit requirement entirely for the Broadway Plant or
just the fee (and, since the object was to create a "free" tap, whether
waiver of the insurance requirement for Broadway is in line with this
intent - insurance is required only of permittees in all versions). I have
discussed this with the City Secretary and Public Utilities Director and
have also listened to the tape of this part of the Council meeting. Both
Mr. Guerrero and the Mayor do state that the proposal is for "no permit"
but then by way of explanation say that the idea is to have one place that
is "free". The mayor at one point describes the proposal as being for "no
permit, no nothing". Further explanation of changes made to conform the
ordinance to Council's action is in my memo of August 29, 1984 to Mr.
Matthews. He has approved the "A" version but has not seen the "8" version
since it was written after Jay Doegey's consultation with you earlier
today. It is my opinion that "B" is the better provision but that "A" is a
more accurate reflection of the action Council actually took.
Please advise. Thank you very much.
GNP:nh
Attachments
xc: J. Bruce Aycock
Hal George
Jay Doegey
Do) glas Matthews
`,81 11 Read
Gary N''atterson
Assistant City Attorney
AN ORDINANCE
AMENDING CHAPTER 55, ARTICLE XII, WATER CONSERVATION, CITY
CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, AS AMENDED, TO
ADD A NEW SECTION 55-155, EFFLUENT DISTRIBUTION -PERMIT AND
REGULATIONS; ESTABLISHING A PERMIT SYSTEM FOR EFFLUENT
DISTRIBUTION; SETTING A PERMIT FEE; ESTABLISHING CONDITIONS
AND PROCEDURES; PROVIDING AN EXCEPTION FOR THE BROADWAY
TREATMENT PLANT; PROVIDING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE OF SEPTEMBER, 1, 1984; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Article XII of Chapter 55 of the City Code is hereby
amended by adding a new Section 55-155:
Sec. 55-155. Effluent Distribution -Permit and Regulations
A. Upon implementation of the City of Corpus Christi Water
Conservation Plan as provided in this Article, the City
may make available effluent water discharged from its
sewage treatment plants for the purpose of watering
lawns, grass, and other plants, dust control and
similar uses. Such effluent water shall be made
available only under the terms and conditions herein
provided and only to such persons as are duly permitted
as distributors as provided in this section. The City
shall be under no obligation to provide such effluent
and reserves the right to discontinue such service at
any time and to limit the volume and to establish or
alter loading procedures and/or locations as necessary
for the efficient administration of the Wastewater
Division.
B. No Effluent Distribution Permit shall be issued except
upon application filed with the Wastewater Division of
the City. Every such application shall contain the
following information:
1) Name of applicant
2) Name of authorized representative (e.g. president
of corporation; partner; etc.) if applicant is
other than an individual
3) Business address and phone number
4) Residence address and phone number of authorized
individual representative
5) Description of each vehicle and container unit to
be used in the transportation or distribution of
effluent water, including the make, year model,
type, weight and gross vehicle weight, container
unit capacity in gallons, vehicle registration
number, and the State safety inspection
certificate number and expiration date.
6) Names and driver's license number of every
proposed driver of such vehicles.
7) Statement of previous use of container units and
any proposed use after' or concurrently with such
units use for effluent distribution.
8) Statement of the proposed uses of any effluent
water, including whether the use is proposed for
residential, commercial, or industrial purpose.
C. Upon the filing of the required application, and
payment of the Permit Fee specified herein for each
container unit, the director of the Public Utilities
Department, or his designee, shall upon his
determination that the applicant and vehicles and
container units are in compliance with all applicable
provisions of this article, issue a permit for each
such container unit. Said permit shall identify the
particular unit for which it is issued and shall be
displayed in a prominent place upon the unit. Each
unit shall be separately permitted.
D. The Permit Fee shall be ten dollars ($10) per month for
teach unit plus five dollars ($5) per month for eachy
(unit per 1000 gallons of capacity (or portion thereof))
over the first 1000 gallons of capacity. Permits shall>
be issued for minimum periods of three months and fees
shall be paid to the Public Utilities Department.
(E=Provisions to the contrary notwithstanding, no permit>
(shall be required for receipt of effluent water from
'the Broadway_Treatment Plant.5
F. Every Effluent Distribution Permit shall be subject to
the following terms and conditions and no person shall
receive or distribute effluent water except in
compliance herewith:
1) Container units or tanks shall have a minimum
capacity of 500 gallons; shall be capable of being
closed water tight and shall be so closed during
transport of effluent water; and shall be
maintained in a leak -proof condition.
2) No vehicle may be used (by any permitee3 in
connnection herewith which has not been reported
on the application and approved for such use.
2
type, weight and gross vehicle weight, container
unit capacity in gallons, vehicle registration
number, and the State safety inspection
certificate number and expiration date.
6) Names and driver's license number of every
proposed driver of such vehicles.
7) Statement of previous use of container units and
any proposed use after or concurrently with such
units use for effluent distribution.
8) Statement of the proposed uses of any effluent
water, including whether the use is proposed for
residential, commercial, or industrial purpose.
C. Upon the filing of the required application, and
payment of the Permit Fee specified herein for each
container unit, the director of the Public Utilities
Department, or his designee, shall upon his
determination that the applicant and vehicles and
container units are in compliance with all applicable
provisions of this article, issue a permit for each
such container unit. Said permit shall identify the
particular unit for which it is issued and shall be
displayed in a prominent place upon the unit. Each
unit shall be separately permitted.
C:87---TNT-Permit Fee shall=be=ten dollars ($10) per month-for7)
each unit plus five dollars ($5) per month for each,
unit per -1000 gallons of capacity (or portion thereof))
over the first 1000 gallons of capacity. Permits -shall'
be issued for minimum periods of three months_and fees
shall be paid to the Public Utilities Department.
E. Provisions to th'e contrary-notwithstanding;-the-Permi t
Fee herein required and the liability insurance?
requirements of subsection F(8) shall be waived fop
receipt of effluent water from the Broadway Treatment?
Plant only. Every such restricted permit so issued
shall be prominently marked to indicate such
14eestriction.7
F. Every Effluent Distribution Permit shall be subject to
the following terms and conditions and no person shall
receive or distribute effluent water except in
compliance herewith:
1) Container units or tanks shall have a minimum
capacity of 500 gallons; shall be capable of being
closed water tight and shall be so closed during
transport of effluent water; and shall be
maintained in a leak -proof condition.
2) No vehicle may be used (by any permitee in
connnection herewith which has not been reported
on the application and approved for such use.
2
•
3) The City Health Department shall establish a
course of instruction on the handling of
wastewater effluent and shall issue a certificate
to each driver or handler who completes such
course. Every driver or handler shall be so
certified prior to receiving any effluent water
from the City.
4) Effluent water shall be used as soon as possible
to prevent regrowth of bacteria. Permittees shall
check effluent water in their units not less than
every four hours for chlorine residual and
bacteria levels, except for effluent stored in
fixed -site containers which shall be checked not
less than every eight hours.
5) Chlorine residuals shall be maintained at one
milligram per litre (parts per million) [1
mg/1(ppm)], consistent throughout the effluent
container.
6) Average Fecal Coliform (bacteria) levels shall not
exceed 200 counts/100 ml.
7) Effluent containers, including those used for
storage, shall be subject to inspection and
approval of the City Health Department, whose
inspectors are hereby authorized to prohibit the
use of any container or effluent water which is
determined to be outside the parameters
established in this section or is otherwise
determined to present a danger to the public
health.
8) Every permittee shall provide proof of and shall
maintain in force a policy of comprehensive
general liability insurance covering personal
injury and property damage with minimum limits of
liability for personal injury in the amounts of
$100,000 per person and $300,000 per occurrence
and for property damage in the amount of $50,000;
or shall maintain a policy of general business
liability insurance with a contractual liability
endorsement; and shall maintain a policy of
automobile liability insurance in the minimum
amounts set by State law.
9) Z3y acceptance ofa permit under —this—section
and/or receipt of effluent water from the City
(system, the permittee and/or recipient of such?
(effluent agree_to fully indemnify, save and hold?
3
harmless, the City of Corpus Christi, Texas, its
agents and employees, from and against all claims
and actions, and all expenses incidental to the
investigation and defense thereof, based upon or
arising out of damages or injuries to person or
property in any way related to or in connection
with the use or distribution of effluent water
under this section. •
10) Permittees shall provide a written notice to every
person to whom effluent is furnished which shall
state in not less than ten point type,
substantially as follows:
CAUTION
You are hereby advised that effluent water is the
discharged water from a sewage treatment plant. The
Director of Public Health has determined that improper
use or handling could be harmful and recommends the
following precautions:
1) Do not use effluent water for drinking,
bathing, or personal hygiene purposes.
2) Do not use effluent water for washing autos,
clothes, or other personal contact items.
3) Do not use effluent water in swimming pools
or for similar recreational uses.
4) Do not allow children to play on grass wet
with effluent water, wait until it dries.
5) Do not use effluent which has been stored for
more than four hours unless the chlorine
residual level has been tested and is not
less than one part per million Elmg/1(ppm)].
6) Application of effluent shall be by coarse
stream and shall not be by fine spray.
F. Violation of any of the cautions herein set forth, by
any person, shall be a violation of this ordinance.
G. Violation of any of the provisions of this section, in
addition to the general penalties provided in this
article, shall result in denial or revocation of any
such violator's Effluent Distribution Permit.
4
SECTION 2. Publication shall be made one time by publishing in the
official newspaper of the City of Corpus Christi the caption of this ordinance
stating in substance the purpose of the aforesaid ordinance.
1984.
SECTION 3. The effective date of this ordinance shall be September 1,
SECTION 4. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
efficient administration of City affairs by implementing the conservation of
water at the earliest practicable date, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings so that this ordinance
is passed upon first reading as an emergency measure, this the day of
, 1984.
ATTEST:
City Secretary MAYOR
APPROVED: Z DAY OF H , 1984
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistarnt City Attorney
5
THE CITY OF CORPUS CHRISTI, TEXAS
1r ItR-urrll.t LUPIMUIV1LHIlUN
j: Doug Matthews, Director of Public Utilities
FROM: Gary N. Pptterson, Assistant City Attorney
SUBJECT: Effluent Ordinance
'DATE:. August 29, 1984
Attached is a draft of the Effluent Ordinance into which I have attempted to
incorporate amendments made by the Council in adopting the ordinance.
Subsection C was altered to omit the six months validity, December and June
expiration dates, and no proration clause.' Subsection D was changed to provide
a permit fee of $10 per month per unit plus $5 per 1000 gallons of capacity over
the first 1000 gallons, with a three month minimum issuance term. A new
subsection was added, designated E,,to state that no permit is required for
receipt of effluent from the Broadway Plant. Subsection E (now F) was amended
to conform it to to the Council amendments: In paragraph 2), "by any permittee"
was added because of the Broadway exception; paragraph 9) now includes effluent
recipients as well as permittees in the agreed hold harmless provisions since I
understand the Council's intent to have been to provide one source of "free"
effluent but preserve the liability protection and health and safety provisions
for all. Only permittees are required to furnish insurance. Finally, an
effective date of September 1, 1984, was added as Section 3 of the ordinance.
Please advise if this meets with your approval and reflects accurately the
Council's action. If it does not, then please advise of any necessary changes.
Thank you.
sp
xc J. Bruce Aycock
Jay Doegey
Edward A. Martin
James Van Havermaat
Dr. C. G. Buttery
A
Gary Patterson
Assistant City Attorney
STATE OF TEXAS,
County of Nueces.
}-
PUBLISHER'S AFFIDAVIT
AD#21162
1441
Before me, the undersigned, a Notary Public, this day personally came.._..._._—_
cuaClE.SlE..LUNA._...._ who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE #18441...
of which the annexed is a true copy, was published in
on the_ 31st day of.... August __.19 4.. and once each.... day thereafter for nng,
CALLER -TIMES PUBLISHING CO.
consecutive ..... ... ....
One_ ____Times
GRACIE DE LUNA ---
Adm. Asst. Sec.
Subscribed and sworn to before me this... 5th ..
_._.September 19 84
NotaryPublic,
lic, Niedw-eounty, Texas
EDNA KOSTER - 11/30/84
f ra
i•
"NOTICE OF PASSAGE
OF ORDINANCE #18441
AMENDING CHAPTER 55:-
ARTICLE
5:ARTICLE XII, WATER CON-
SERVATION, CITY CODE OF
THE CITY OF CORPUS CHRIS-
TI, TEXAS, AS AMENDED,
TO ADD A NEW SECTION
55.155, EFFLUENT DISTRI-
BUTION -PERMIT AND
REGULATIONS; ESTABLISH-
ING A PERMIT SYSTEM FOR
EFFLUENT_ .DISTRIBUTION;
SETTING A PERMIT FEE; ES-
TABLISHING CONDITIONS
AND PROCEDURES,PROVID-
ING AN ACCEPTION FOR THE
BROADWAY TREATMENT
PLANT, PROVIDING FOR
PUBLICATION, PROVIDING
FOR EFFECTIVE DATE OF
SEPTEMBER 1, 1984; DE-
CLARING EMERGENCY
Was passed and approved
by the City Council of the City
of Corpus Christi. Texas on
the, 28th day of August,
1984. The full text of said
or,!� ncet is available to the
pub"pie s
the Office of the City
Secretary.
•8 -Bill G Read
City Secretary
Corpus Christi, Texas