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Home My WebLink About022605 ORD - 06/18/1996AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, ARTICLE XII, WATER CONSERVATION, SECTIONS 55- 151, 55-155, AND 55-156 AND THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN REGARDING MEASURES FOR EFFLUENT DISTRIBUTION, USE OF EFFLUENT AND GRAYWATER, AND THE DROUGHT CONTINGENCY PLAN PENALTY PROVISIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Section 55-155(c), (d), (0(3), f(6), f(7), and (0(8) Effluent distributions; permit and regulations, and Section 2.2.7 C., D., F.3), F.7), and F.8) of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, are amended so that they read as follows: "(c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the dii ,.,tel of the public utilities dep&-t...ei.t, er his, Wastewater Superintendent. or the Superintendent's 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 ($10.00) fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. Permits shall be issued on a quarterly basis from the effective date of this section; fee proration shall be on a monthly basis." "(0 * * * "(3) The city health department shall establish a coursc of instruction on the handler who completes such coursc. Every driver or handler shall must be se certified by the Wastewater Division prior to receiving any effluent water from the City. The Wastewater Division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the City's Health Department. R63703B2.157 (;R,OBLMEU 2 "(6) Average fecal coliform (bactcria) levels shall not cxcccd 200 counts/100 ml. The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the City by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. "(7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, 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 win., *ig per Y nal i„.u,y a�,d property d”,„ag., nith ,n a ,nu,i, limits of liability fel pe,sonal injuiy in the amounts amount of three hundred thousand dollars ($300,000.00) per occurrence combined single limit with a deductible not to exceed one thousand dollars ($1.000.00) • ; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The City shall be named as an additional insured on the general liability insurance policies.” •1111 l • 1 .: • SECTION 2. That the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-155(e), Effluent distribution, permit and regulations, and Section 2.2.7 E. of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, be deleted and that subsection (e) be reserved. SECTION 3. That the Code of Ordinances, Chapter 55, Utilities, Article XII, Water Conservation, Section 55-151(3)a.4. and Section 2.2.1 A.4. of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, is amended to read as follows: "4. Wastewater treatment plant effluent, graywater, well water (which is not mixed with R63703B2.157 3 any water from the City's water supply), or other water not obtained from the City water system was used, -other -than used,-other-thandu1i11g thc hows Ktweei1 10:00 a.111. and 6:00 p.m. IIowcvcr, thc use of well water that is not mixed with any watcr from thc City's water supply may be used at any hour, if a permit is obtained from the City Manager and a sign is posted stating that the water used for irrigation is wastewater effluent. graywater. water from a permitted private well. or water that was not obtained from the City's water supply." SECTION 4. That subsections A. and B. of Section 2.2.5, Violations. Penalty and Enforcement, of the Water Conservation and Drought Contingency Plan, adopted by the Code of Ordinances, Section 55-156, is amended to read as follows: "2.2.5 Violations. Penalty and Enforcement Any person violating any provision of this plan shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine 11w1d1ed dollars ($200.00) as provided in Section 1-6 of this Code. The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. If any person or a second person in the same household or premises, is found guilty of a second violation of this plan, the Director of Public Utilities shall be authorized to discontinue water service to the premises where such violation occurs. Any police officer, or other city employee designated by the city manager, may issue a citation to a person he reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him to appear in the Corpus Christi Municipal Court within five (5) days no sooner than ten (10) d.ys and no later than twenty one (21) days of service of the citation. The alleged violator shall be requested to sign the citation, and shall be served a copy of the citation. Service of the citation shall be complete upon the attempt to give it to the alleged violator, to an agent or employee of a violator, or to a person over fourteen (14) years of age who is a member of the violator's immediate family or is a resident at the violator's residence. The alleged violator shall appear in municipal court to make his plea no sooner than ten (10) days and no later than twenty one (21) days of service of the citation, and failure to so appear shall be a violation of this article. A police officer may arrest for any offense under this article where permitted by state arrest law. Said cases shall be expedited and given preferential setting in municipal court before all other cases." R63703B2.157 4 SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi, as required by the City Charter of the City of Corpus Christi. 86370382.157 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the I 1 day of •..1 V. &4 , 19 g co , by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels 0 Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols ablfw,d-e- abakaic aAnfif That the foregoing ordinance was read for the second time and passed finally on this the tie, day of JU-*.0 , 19 Q, by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper lA�l ! Dr. David McNichols Tony Heldenfels PASSED AND APPROVED, this the 1'b day of , ti.,kt , 1996'. Betty Jean Longoria John Longoria Edward A. Martin Q`Cwitat Lou- Armando Chapa, City Secretary Mayor The City of Corpus Christi APPROVED THIS 614 DAY OF , 1996: James R. Bray, Jr., City Attorney By: R. Ja/Reining, Assist R63703B L 156 City Attorney 0 5