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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