ORD CC 06/08/1970 - Industrial WasteAll ORDINANCE AY1ENDING- T'rl:; CODE OF ORDINANCE OF TEE CITY OF HUNTSVILLE, TEXAS BY
ADDING A HEW CHAPTER ENTITLED INDUSTRIAL WASTE TO BE DESIGNATED
REGRLATI`iG THE DISCHAEOE OF INDUSTRIAL WASTES INTO THE PUBLIC =I:RS 07 r
CITY OF HUiiTSVILLE, TEXAS, PROMULGATING PEC:ULATIONS AND ESTABLISHING CHARGES
FOR SERVICES RENDERED; PROVIDING THAT ANY VIOLATION SIHALL RE PUNISHED BY A FINE
NOT EXCEEDING $200.00; PROVIDING OTHER .SANCTIONS; AHD PROVIDING FOR SEVERABILITY:
THAT:
SECTION .I:
BE IT ORDAINED BY THE CITY COUJCIL OF THE CITY OF HUNTSVILLE? TEXAS,
The Code of Ordinances of. the City of Huntsville, Texas is hereby
amended by adding a new chapter to be designated Chapter 14A which
said Chapter shall read as follows:
CHAPTER 14A INDUSTRIAL WASTES-
Short Title: This Chapter shall be known and may be cited as "The
Industrial tastes Ordinance ".
SECTION II: Purpose of Chapter:
(a) To establish regulations limiting the'discharge of all wastes into
the sanitary sewer system which could or would cause damage or
obstruction to the sewage collection system, or would damage or
interfere with the operation of the Sewage Treatment Plants or
that would be detrimental to the quality of theeffl:uent, or
cause unreasonable maintenance attention and expense to either
the collection system or the treatment facilities.
(b) To establish surcharge rates for discharges of industrial wastes
which exceed the specified limits as described herein and to
provide for the method of payment for such charges..
(c) To provide penalties for violations of the regulations established
herein.
SECTION III: Authority and Purpose: The provisions of the Chapter are adopted .
in the exercise 'of the powers granted to this City by the laws of
Texas and the City Charter, for the purpose of preventing or
eliminating pollution of underground and surface waters and of
the environment generally.
SECTION IV:
Definitions: For the purpose of this Chapter the following terms,
phrases, words and their derivations shall have the meaning given
herein:
(a) "City" shall mean the City of Huntsville, or any authorized person
acting on its behalf.
(b) "Person. ", "Establishment ", "Owner" shall mean any individual, firm,
company, association, society, corporation, partnership.or groups,
their agents, servants, or employees.
Ad t; nWra 1i ,c. 4n c/ 4...) -
(c) "Approving Authority" shall mean the ii•; or his duly
authorized deputy, agent, or representative.
(d) "Domestic Sewage" shall mean water- carried wastes normally dis-
charing into the sanitary sewers of dwellings, (including apart -.
ment houses and hotels), office buildings, factories and insti-
tutions, free from storm surface water and industrial wastes.
(e) ": :orr;lal Domestic Sewage" shall mean sewage for the City of Euntsville
in which the average concentration of suspended materials and 5 -day
B. 0. D. is established at 300 milli -rams per liter.
(f) "Inriusbrial 'Taste" shall mean all water- carried solids, liquida,
and gaseous wastes resulting from any industrial, manufacturing or
food processing operation or process, or from the development
of any natural resource, or any mixture of these with water or
domestic sewage as distinct from normal domestic sewage......
(g) " Wastewater" shall mean a combination of the water - carried waste
from residence, business establishments, institutions and in-
dustrial establishments, together with such grounds, surface,
and storm water as may be present.
(h) "Garbage" shall mean solid wastes and residue from the preparation,
cooking and dispensing of food, and from the handling, storage
and sale of food products and produce.
(i) "Properly. Shredded Garbage" shall mean the wastes from the prepara-
tion, cooking and dispensing of food, exclusive of eta shells,
bones, etc., that have been shredded to such degree that all
particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no:particles greater than
inch in any dimension.
(j) "Public Sewer" shall mean a sewer controlled by public authority.
(k) "Sanitary Sewer" shall mean a sewer that conveyes wastewater, and
into which storm, surface and ground waters or unpolluted in -.
dustrial wastes are not intentionally passed.
(1) "Story Sewer or Storm Drain" shall mean a sewer which carries
storm and surface waters and drainage but excludes sewage and
polluted industrial wastes.
(m) "Sewerage Works" shall mean all facilities for collecting, pumping,
treating and disposing of wastewater and would include the sewage
treatment facilities. -
(n) "Wastewater Plant" shall mean any City -owned facility, device and
structure used for receiving and treating, wastewater from the City
sanitary sewer system.
(o) "pH" shall mean the logarithm (base 10) of the reciprocal of the
hydrogen ion concentration expressed in moles per liter. It shall
be determined by one of the procedures outlined in "Standard
Methods ".
(p) "B. 0. D." shall mean the quality of oxygen expressed in ri.ligrats
per liter, utilized in the bid - chemical oxidation of organic .-,matter
under standard laboratory conditions for five days at a temperature
of 20 degrees Centigrade. The laboratory determinations shall be.
made in accordance with procedures set forth in "Standard Methods ",
prepared jointly by the American Public.I-Iealth Association, the
American Water Works Association, and the Water Pollution Control
Federation.
(q)
(r)
(s)
"Suspended Solids" shall mean solids that. either 'float on the
surface of, or are in suspension in water, sewage, or other liquids,
and which are removable by a laboratory filtration device.
Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in said "Standard Methods ".
"Standard Methods" shall mean the examination and analytical pro-
cedures set forth in the latest Edition at the time of analysis
of "Standard Methods for the Examination of Water and Sewage" as
prepared, approved and published jointly by the American. Public
Health Association, the American Water Works. Association, and
the 'Water Pollution Control Federation, as filed in. the Office
of the City Clerk.
"building Drain" shall mean that part of the lowest horizontal
piping of a drainage 3ystenwhich receives the discharge from soil,
waste, and other drainage pipes of the b::ilding and conveyes to the-
building sewer, beginning three feet outside the inner face of
the building wall.
"Building Sewer" shall mean the extension from the building drain
to the sanitary serer or other place of disposal.
"Milligrams Per Liter (mg /1)" shall mean a weight to volume ratio;
the milligrams per liter value multiplied by the factor 8.33 shall
be equivalent to pounds per million gallons of water.
"Sewer Service Charge" shall mean the charge made on all users of
the public server whose wastes do not exceed in strength the con-
centration values established in this ordinance.
"Surcharge" shall mean the charge in addition to the sewage service
charge which is made on those persons whose wastes are greater in
strength than the concentration values established as representative
of normal charges.
"Storm Water Runoff" shall mean that portion of the rainfall that
is drained into the storm sewers. _
"Slug" shall mean any discharge of grater, sewage or industrial
waste other than toxic materials which in concentration of any
given constituent or in quantity or flow exceeds for any period
of duration longer than fifteen (15) minutes more than five (5)
times the average twenty -four (21i) hour concentration or flows .
during normal operation.
SECTION V: Admission of Industrial Wastes Into Public Sewers:
(a) Approval Required -- Review and acceptance of the Approving. Authority
shall be obtained prior to the discharge into the public. sewers of
any pastes and waters having:
(1).:. -A 5-day 20 Degrees Centigrade biochemical - oxygen - demand (B. 0. D.)
greater than mg /1.
(2) Suspended solids containing greater than 300 mg/I.-
(b) Pro-trea
eliminate
operation
effluent,
treatment
Approving
admission
(c)
tment- -4here required, as herein specified to modify or
wastes that are harmful to the structures, processes or
of the sewage works, or detrimental to the quality of the
the person shall provide, at his expense, such preliminary
or processing facilities as may be determined by the
Authority necessary to render his wastes acceptable for •
to the public sewers.
Grease, Oil and Sand Interceptors -- Grease, oil and sand. traps or
interceptors shall be provided for the proper handling of liquid.
wastes containing grease in excessive amounts or any flammable
wastes, sand and other harmful ingredients; except. that.such in-
terceptors shall not be required for private living quarters or
dwellings. All interceptors shall be of a type and capacity
approved by the Approving Authority and shall be located. as: to
be readily and easily accessible for easy cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious
materials capable of withstanding abrupt and extreme. changes in
temperature. They shall be of substantial construction, water-
tight and equipped with easily removable covers which, when bolted
in place, shall be gastight and watertight. Where installed, all
grease, oil and said interceptors shall be maintained by- the
owner at his expense, in continuously efficient operation at all
times. Materials removed from these facilities shall be either
utilized by industry or disposed of at locations designated by
the Approving Authority.
(d) Submission of Information -- Plans, specifications and any other
pertinent information relating to proposed preliminary treatment
or processing facilities or flow equalization facilities shall ba
submitted for approval of the Approving Authority prior to the
SECTION V
start of thcir construction, if the effluent from such facilities
is to be diechor_ -'d into the public severs. All such plane nhall
be prepared by a Registered Trofess 7 n�inser and shall'bear
his signature and seal.
Prohibitive Discharges:
(a) No person shall discharge, or cause to be discharged, any storm
rater, ground water, roof run -off, sub- surface drainage or any
water from down spouts, yard drains, yard fountains and ponds,
or lawn sprays into any sanitary serer. ;Water from swimming
pools, boiler drains, blow -off pipes or cooling water from
various equipment, may be discharged into the sanitary sewer
by an indirect connection whereby such discharge is cooled if
required, and flows into the sanitary sewer at a rate not to ex-
ceed the capacity of the sanitary seer, provided the waste does
not contain materials or substances in suspension or solution in
violation of the limits prescribed by this article.
(b) No person shall discharge, or cause to be discharged, into any
public sewer any of the following described substances, materials
waters, or wastes:
(1) Any liquid or vapor having a tecrperature higher than 150
degrees Fahrenheit (65 decrees Centigrade).
(2} Any water or wastes which contain wax, grease or oil, plastic, .
or other substance that will solidify or become discernibly
viscous at temperatures between.60 degrees to 90 degrees
Fahrenheit.
(3) Flammable or explosive liquid, "solids or gas!', such as gaaoline
kerosene, benzine, naptha, etc,
(I1) Solid or viscous substances in quantities capable of causing
obstruction to the flow in sewers, or other interference with
the proper operation of the sedge works, such as.ashes, cinders•
sand, mud, straw, shavings, metal, glass, rags, feather, tar,
plastics, wood, whole blood, paunch manure, hair and fleshings,
entrails, lime slurry, lime residue, slops, chemical residues,
paint residues, fiberglass, or bulk solids.
(5) Any garbage that has not been properly comminuted or shredded.
(6) Any noxious or malodorous substance which can form a gas,
which either singly or by interaction with other wastes, is
capable of causing objectionable odors or hazard to life and
property which forms solids in concentrations exceeding
limits established herein or creates any other condition
deleterious to structures or treatment processes; or requires
unusual facilities, attention, or expense to handle such
materials.
Except in quantities, or concentrations, or with provisions as
stipulated herein, it shall be unlawful for any person, corporation
or individual, to discharge waters or wastes or to the sanitary
sewer containing:
(1) Free or emulsified oil and grease exceeding on analysis an
average of 100 ng /1 (833 pounds per million gallons) of
either or both or combinations of free or emulsified oil and
grease, if, in the opinion of the Approving Authority, it
appears probably that such wastes:
a. Can deposit grease er oil in the sewer lines in such
manner as to clog the sewers.-
b, Can over -load the dischargeerrs skimming and grease han
equipment.
g
c. Are not amenable to biological oxidation and will there-
fore pass to the receiving linters tithout being affected
by normal se- ra;e treatment 7rQCesseS, .p?,
d. Can have deleterious effects on the treatment process
due to the excessive quantities.
(2) Acids or alkalies which attack or corrode sewers or sewage
disposal structures or have a plI.value lower than 5.5 or •
higher than 10.5.
) Salts of the heavy metals, in solution or suspension, in
ations exceeding the following, the analytical re-
sults to be expressed in terns of the element indicated:
•
(
Ong /1
Arsenir. ............... 0.05
Barium 5.0
Boron
Cadmium 0.02
Chromium ..,.... K.0
Copper ... . i.0
Lead C.10
Manganese 1.0
Mercury .................. «........ ...« 0.005
Nickel . ........: 1.0
Selenium ... ............................... 0.02
' Silver 0.10
Zinc ............... 5.0
(4)...C,ya ^ides or cynocen compounds capable of liberating hydro-
cyanic gas on acidifications in excess- of two dys (2) mg/1
'as Chi in the wastes from. any outlet into the public sewers.
(5) Radioactive materials exceeding the existing standards of
the Texas State Department of Health..
(6) Any Waste waters containing phenols or other taste producing:
substances in such concentrations as to produce order or
taste in the effluent as to affect the taste and odor of the
receiving waters.
(7) Materials which exert or cause:
a. IInusual,concentrations of solids or composition.; as for
example in total suspended solids of inert nature (such.
as Fuller's Earth) and /or in total. dissolved solids
(such as sodium chloride, or sodium sulfate),
Excessive discoloration,'
c. Unusual bi.oeheni.c :l oxygen denand. or an Ltnedl.ate oxygen
demand,
d. High hydrogen sulfide content, or
e. Unusual flow and concentration.
(8) Toxic substances which are not amenable to treatment or re-
duction by the wa13t0- .later treatment process employed, or
are amenable to treatment only to such degree that the
trete water treatment plant cannot meet the regeirements
of other agencies having jurisdiction over discharge to
the _ e :eivi. waters without firs.. )r etraating, to a concen-
tration nces.dtaOle to the City.
iTnen wastewater containing any of the afore.'mention materials
is discharged to_the sanity y sewer and such restos a_`ti e not
SECTION VII:
(a)
properly pretreated or otherwise corrected, the A7proeie.g.
Authority ea'. (a) rejec the wastes and terminate t'.i ser
't`.'.. c. to sanitary sewer, 1/4b) 'require C?ii::ro1 Of the quantities
and rates of discharge. of such wastes ::ith •floc+ ro -.lating
devices, or•(c) require payment of Surcharges for excessive
cost of treatment provided such wastes are amenable to treat-
went by existing sewage plant facilities.
Permits for Discharge of Industrial :taste:
After the effective date of this ordinance, no person, firm or
establishment not now so doing shall deposit or discharge any
industrial waste into any sanitary sewer which leads to any of
the CitSy's treatment plants without first obtaining a permit.
therefor.
After January 1, 1973, no person, firm or establishment. shall
discharge any industrial waste into any sanitary serer which
leads.to any of the City's sewage treatment plants without first
obtaining a permit therefor.'
(b) Conditions for permit - -New establishments
Permits for new establishments constructed after the effective date
of this ordinance will be issued only after the 'follaming conditions
are met:
SECTION VIII:
(1) Formal application is uemitted on a fora issued by the
Approving Authority.
(2) 'Where applicable, pretreatment facilities and /or flow - regulating
"devices approved by the Approving Authority have been installed.
Estimated .amounts and strengths of industrial wastes have been .
agreed upon by both parties. When a discharger discharges 20,
000 gallons or more daily, strengths shall be based on actual
samples from the point or points, of discharge.
Agreement forms have beta completed by the discharger agreeing
to payment of any surcharges as required and /or the operation
and maintenance of any pretreatment facilities :mere ap-
plicable.
(3)
(h)
(5
All new dischargers shall provide a sampling point subject to
approval of the Approving Authority. •
Conditions for ,permits--Existing establishtests.
(1) Formal application is submitted on a for:- issued by Approving
Authority within 120 days after the effective date of this
ordinance.
(2) Where applicable, plans aad specifications for pre
facilities have been approved by the Approving Authority.
Estimated amounts and strengths of industrial wastes have bean
agreed upon by both parties. When a discharger discharges
20,000 gallons or more daily, strength shall be based on actual
samples from the point or points of discharge.
Agreement forms have been comeleted.by the discharger agreeing
to payment of any surcharges as required and /or agreeing to
the installation of pretreatment facilities by July 1, 1973,
and ceeratio.^, and me'--- an^.3 o f same wher3 apelleable.
(3)
(4)
Industrial :emote Surchar ,
duai.rial wastes which exhe
wastes prohibited in Secti
Persons or miners discharging 3n-
o4' the characteristics of
other than excessive 3. O. D., or
/
suspended solids, having a. concentration during al't en.y -four (24)
hour •-riod average of suspended solids of B. 016. co:tent in
eXCesz •'• "nnr!:a1 domestic :ewarerr shall be re n4fred to _7retre
the industrial wastes to meet the requirements "normal domestic
sewrage °; owrever, such wastes may be accepted / r treatment if all
the folio* g requirements are met:
(a) The wastes va 1 not cause daaage to • the cell!. on •system. .
(b) The Wastes vril not impair the treatment pr cess..
(c) The discharger oL the wastes enters into a contractual agreement
with the City of F tsville providing -fora surcharge over and
above the existing ewer rates. The bas's for surcharge on in-
dustrial. wastes is t• be computed on the following basis:
ISS - V 15.08 (BOD - 300) + oh56 (SS - -300
ISS-- Industrial.Vaste Surcharge irr dealers
V -- Volume discharged in ;million gallons
BOD- -rive day at 2p° C D of the industrial waste (mg/1)
SS-- Suspended Solids f 'the industrial -waste (ric/1)
The volume of wastes may be termined by the same methods used to
calculate the regular serer s¢ \vice charge. For establishments.
discharging less than 20,0¢0 ;allons /day, the BOD. and suspended
solids values may be dete ,.ired' from standard values for various
industries established by the Aparoving Authority. In eases here
the discharge from any establishment exceeds. 20,000 gallons /day,
or'in'the event that tha discharge• desires to determine accurate
values of 800 and suspended solids, the discharger shall install
at his expense a sampling point at a location near the outlet of
each building drain or ;connection wit - any sanitary sewer of the
City. BOD and suspended solid values .etermin.ed from samples
collected from any Pdtablishnent shall be determined by the
Approving Authority or a Registered Pro essional Fngineor employed
by the discharger. /Such report. shall e stain a statement that
the samples collect d and values determi ed are based on. a 24-hour
composite representative of the establis meat's flour. Each samplinz
point shall be installed and shall be so ,aintained by the dis-
charger so that any authorized represents ive of the City may
readily and safel* obtain samples of the .ow at ell.:times.. Plans
and location of such sampling points shall e approved by the
Approving Authority prior to constriction-... onstruction of such
sampling points .for existing discharges shal be completed. by July
1, 1972, if userof data to be considered for ate establishment by
January 1, 1973; If a discharger installs a Sampling point after
this date, adjustment of the rate to actual saaples:tisill.be made
within a 90 day period from the date of install Lion.
All flow rates'and BOD and suspended solid' value used in deter-
mination of the Industrial Serer Service Charge. s: 11. be re- evaluated
on an annual basis. However, if there is a major ' cage in the
operation to /cause changes in value, the values may e increased
or decreased% on a study of changes or, actual measurements.
The basis £or determining the surcharge shall. be reviewed bi -a. -•
nually and shall be adjusted to reflect any increase or decrease
in wastewater treatment costs based on the previous' years experience.
• •
SECTION IX: Powers and Authority of Enforcing Agents: The Approving Authority
bearing credentials and identifications shall. be. permitted to gain
access to such properties as may be necessary for the purpo:ie of
inspection, observation, measurement, sampling. and testing, to
determine compliance of the provisions of the permit and should a
violation of the permit he found, the person shall be served by
the City with written notice stating the nature o£'the violation
of the permit and providing a reasonable time limit for the satis-
factory correction thereof. Any person who shall continue any
violation beyond the time limit shall be.guilty of violation of
the permit and the permit shall be revoked by the Approving- Authority.
Any person violating any of the provisions of'this ordinance shall
become liable to the City for any expense, loss. or damage occasioned
by the City by reason of such' Violation.
SECTION X: Billing, Penaltiesand'Validation:
(a) Billing Practice - Industrial-:waste surcharges provided for in this
ordinance shall be- included as a separate-item-on the regular bill
for water and sewer charges and shall be paid monthly in. accordance
with the existing practices. Surcharges shall be )aid at the sae
time that the sei:rer charges of the person become due and payment for
sewer services shall not be accepted 'without payment also of sewer
service surcharges.
SECTION XI:
ATTEST:
7-
/
'- r:.D3; COLtWMI
Validity: All ordinances or parts of osdinance"in' Conflict herewith
are hereby repealed. The validity of any section, clause, sentence
or provision of this ordinance shall not affect the validity. of
any other part of this ordinance, which can be given without in-
validated part or parts.
Ii.
Penalty.° `It shall be unlawful to do or perform arr/ act prohibited hereby
and it shall be unlawful to fail to do or perform any adt required hereby.
Upon conviction any violation hereof shall be punished by a fine not ex-
ceeding $200.00. Each day's violation. hereof shall constitute a separate'
offense.
III.
Severability. If any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of this.
ordinance. The City Council hereby declares that it would have passed
this ordinance, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections.,
sentences, clauses, and phrases be declared unconstitutional.
Iv.
It is intended and it °..s hereby ordained that the provisions set out above
shall become and be made a part of the Code and that sections thereof may
be renumbered or relettered to accomplish such intention.
PASSED AND APPROVED IN OPEN COUNCIL this the 8th day of June, A. D., 1970.
�� {, ". ,'
�f r
W. BEN BLALOCK, JR. , 17A'Y02 t
, off? SECREI 'RY
ROVED AS TO FOIB•I:
RTIN D. COLLEY, CITY ATTO :EY / I