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ORD 1981-53 - Industrial Waste• ORDINANCE NO. 81 -53 AN ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER. 17 OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS BY REDUCING THE INDUSTRIAL WASTE SURCHARGE; PROVIDING A PENALTY OF UP TO $200; REQUIRING THE PUBLICATION OF NOTICE; AND MAKING. OTHER RELATED PROVISIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that; Section 1: Chapter 17, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the repeal . of subsection 2 of section 17.58 industrial Waste Surcharges, as presently constituted and by the adoption of a new subsection 2,.that shall read as follows: Chapter 17. Article IV. Discharge of Nondomestic Wastes: Section 17.58 Industrial Waste Surcharge (a) Users discharging industrial wastes that exhibit none of the characteristics of wastes prohibited in Division 2, other than excessive B.Q.D. or suspended solids, having a concentration during a twenty -four (24) hour period average of suspended solids or B.O.D. content in excess of "normal domestic sewage" shall be required to pretreat the industrial wastes to meet the requirements of "normal domestic sewage "; however, such wastes may be accepted for treatment if all the following requirements are met: (1) The wastes will not cause damage to the collection system. (2) The wastes will not impair the treatment process. (3) The user who accepts a discharge permit agrees to . pay a surcharge over and above the existing sewer rates with the basis for surcharge on industrial . wastes to be computed in the following manner: Surcharge* = Volume** (BOD * * *+ (250 TSS * * *) 300 ). * Surcharge is calculated in dollars. ($ .39) ** Volume is calculated in thousands of gallons. * ** If BOD is less than 250 it should be calculated as zero; if TSS is less than 300 it . should be calculted as zero. Section 2. A person commits an offense if he discharges industrial wastes into any public sewer, sanitary sewer, the POTW, or natural drainage course within the City without a. discharge permit. Section 3. Any person, firm or corporation violating any provision of this Ordinance or failing to comply with any requirement of this Ordinance will be guilty of a misdemeanor•and subject to a fine of up to two hundred ($200.00) dollars upon conviction. Each day during -or upon. which said. person shall violate or continue violation of any provision of this Ordinance or non - compliance with any requirement of this Ordinance shall constitute a distinct and separate offense. The violation of any provision. of this Ordinance or the failure to comply with any requirement of this Ordinance shall each constitute a distinct and separate offense. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect any of the remaining provisions of this Ordinance. Section 5. All Ordinances and parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other Ordinances regulating and governing the subject matter covered by this Ordinance. Section 6. The City Secretary is hereby directed to cause the caption of this Ordinance to be published at least one time within twenty days. This ordinance shall take effect ten days after the date of such publication. PASSED UNANIMOUSLY FIRST READING THIS 15th day of September 1981. PASSED SECOND READING THIS day of , 19 APPROVED THIS 15th day of September , 1981. THE CITY OF HUNTSVILLE BY APPROXED AS TO FORM: Scott Bounds, City Attorney William V. Nash, Mayor