Ordinance 2015-22 - Ord. 2015-22 - septic haulers ordinance readoption - 5-19-15ORDINANCE NO. 2015-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
ADOPTING MODIFICATIONS TO CHAPTER 46 OF THE HUNTSVILLE CODE OF
ORDINANCES; PROVIDING FOR THE SAFETY AND HEALTH FOR THE CITIZENS OF
HUNTSVILLE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SEVERABILITY
CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, AND AN
EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City of Huntsville, a home rule municipality, is authorized by Charter to adopt and
implement necessary and reasonable ordinances in the best interests of its citizenry; and
WHEREAS, it is the desire of the City Council of the City of Huntsville, Texas that the City provide
necessary facilities to insure the health and safety of its citizens and to adopt rules and regulations setting
forth requirements for the operation and maintenance of said facilities; and
WHEREAS, the City council of the City of Huntsville finds the provisions of this ordinance set forth
below are necessary to protect the health, safety, and welfare of its citizens and the public, and said rules
and regulations are reasonable;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas that
from and after the Effective Date of this Ordinance:
Section 1. Section 46 -177, "Discharge to public sewers prohibited," of the City of Huntsville, Texas, Code
of Ordinances is hereby revised and amended as follows:
Subsections B.9 and B.18 are deleted. The numbering of the subsections B.1 through B.19 are
hereby renumbered to appropriately adjust for the aforesaid deletions.
Section 2. Section 46 -183, "Discharge of hauled wastes by truck, rail, or dedicated pipeline," is hereby
amended to read:
No person shall discharge wastes, including any liquid, solid or septic tank wastes which are
generated at commercial or industrial facilities, to the sanitary sewer by means other than a
permanent sewer connection to the public sewer system and in accordance with the provisions
contained in Chapter 46. This includes wastes that are transported via truck, rail, or any other
transportation means. Further, the discharge of hazardous wastes (defined in Section 1004 of the
Resource Conservation and Recovery Act) into a pipeline connected to a public sewer, which is
dedicated to only the discharge of hazardous waste, is prohibited.
Section 3. A new section, 46-80, to be entitled "Regulation of Hauled Wastes," is hereby added as
follows:
46-80. Regulation of Hauled Wastes
A. Discharge of Hauled Waste
1. No person shall discharge or cause to be discharged to any public sewer, or to any
public sewer facility, or to any private sewer tributary to any public sewer, any water and/or waste
which has been removed and transported from any residential septic tank or aerobic system
settling tank except as authorized by this ordinance. Such water and/or waste is hereinafter
referred to in this ordinance as hauled waste.
2. Under no circumstance may hauled waste which is hazardous waste, as defined in
40 CFR 261, be discharged to City of Huntsville facilities.
B. Waste Transporter Authorization
Only City of Huntsville authorized waste transporters may discharge hauled waste at city facilities.
1. Any person wishing to obtain authorization to discharge hauled waste shall submit a
Waste Transporter Identification application on a form provided by the city complete with all
supplementary information as specified on the application form and in this section. If approved, the
applicant will be assigned a Waste Transporter Identification Number. The following supplementary
information shall be included with the application:
(a) Proof of comprehensive general liability and auto liability insurance which includes the
city as an additional insured and includes provisions for informing the city ten days prior to the time
of policy cancellations or renewals. Applicants shall maintain general liability insurance and
automobile liability insurance in such amounts as the city may, from time to time, deem
appropriate.
(b) A list of the vehicles applicant has in service for transportation of liquid waste. The list
shall include the make and model, the state of registration, the state vehicle license number and
the tank volume, in gallons, for each vehicle operated.
(c) Proof that waste transporter vehicles which are to discharge at city facilities are in
compliance with all applicable State of Texas, City of Huntsville and/or Walker County laws and
regulations applicable to waste transporters within the jurisdictions within which applicant operates.
Waste transporters shall provide a Texas Commission on Environmental Quality (TCEQ) Permit
Number for each vehicle to be operated.
(d) Volumes and types of waste transported each year for the last three years. A new
business shall submit an estimate of volumes for the first year.
2. Any person who has been granted authorization to discharge hauled waste at city
facilities shall annually provide proof to the Director of continued liability insurance and proof of
continued compliance with applicable State of Texas, City of Huntsville and/or Walker County
laws and regulations.
3. The city may rescind a transporter's authorization to discharge hauled waste if the
transporter is found to be in violation of the provisions of this ordinance or other city ordinances.
C. Waste Discharge Location
1. Any hauled waste which is acceptable to the city may be discharged only at the city's
Hauled Waste Receiving Station located at:
Robinson Creek Wastewater Treatment Plant
4420 FM 1374
Huntsville, Texas
Hauled waste may be discharged at this location only between the hours of 7:30 AM and 3:30 PM,
Monday through Friday, excluding holidays.
2. Under emergency conditions, as determined by the Director, hauled waste may be
discharged at such altemate locations and under such conditions as the Director determines are
appropriate.
D. Hauled Waste Receipts and Samples
1. No person shall discharge or cause to be discharged hauled waste without presenting a
completed Hauled Waste Receipt form to the receiving station attendant at the time of discharge.
The Hauled Waste Receipt shall be on a form provided by the city and shall fully identify, to the
satisfaction of the attendant, the source and nature of the waste.
2. Hauled waste subject to the prior approval provisions of Section B of this
ordinance may be discharged only upon verification by the attendant that such prior
approval has been granted.
3. A sample of each load of hauled waste to be discharged shall be collected by the
receiving station attendant and appropriate screening analyses performed prior to discharge being
allowed. The sample will be retained and submitted to the city's Environmental Services laboratory
for such further analyses as deemed necessary to determine its compliance with the requirements
of the city 's sewer use ordinance and applicable local, state and federal regulations. In the event
this hauled waste is found to be in violation of said ordinance or regulations, approval to discharge
this water or waste to city facilities may be revoked and any damages incurred by the city will be
charged to the person discharging said water or waste.
E. Conditions of Discharge
Any person granted authorization under Section B to discharge hauled waste at the point
designated herein and in possession of proper Hauled Waste Receipts assents to the conditions
hereinafter stated and agrees to be bound by his conditional obligations and duties, to wit:
1. The transporter will comply with all city regulations and follow the directions of city
employees while on city premises.
2. The transporter agrees to indemnify and to save the city harmless from any and all
damage and expenses which may be suffered by it by reason of any or all of his acts done on its
premises, including but not as a limitation, the discharge of the aforesaid hauled waste which
violates any standard or standards of the city's sewer use ordinance.
3. The transporter will, in the event of spills or leakage of hauled waste on the city's
premises, as a result of his acts or faulty equipment, appropriately clean, to the satisfaction of the
attendant on duty, the area involved.
F. Refusal of Waste
The city has the right to refuse to accept the discharge of any hauled waste brought to the Hauled
Waste Receiving Station if, in the opinion of the attendant on duty, based on a review of the
Hauled Waste Receipt form, city records and the screening analyses:
1. The waste does not meet the conditions under which a prior approval was granted, or
2. The waste could cause operational and maintenance problems, be detrimental to the
health of city employees or cause violations of the city NPDES Permit or any other City, State or
Federal environmental laws and regulations.
G. Discharge at Other Locations Unlawful
The discharge of hauled waste into any city facility, manhole or other location not approved for
such discharge shall be considered unlawful and the person responsible for such discharge shall
be deemed guilty of a Class C misdemeanor.
H. Fees for Discharge of Hauled Waste
Waste Transporters shall pay a fee established by the city for hauled waste discharged pursuant to
this ordinance. The fee for each discharge will be calculated based upon the full volume of the
transport vehicle. Waste transporters will be billed by the city monthly.
I. Charge for Late Payment
If any charges billed are not paid by the due date indicated on any bill rendered, then an
additional late payment charge, based on the percentage established by ordinance for late
payments of wastewater user charges, is hereby imposed for each month or portion thereof the
bill remains unpaid beyond the due date.
J. Termination of Service for Nonpayment
When any waste transporter monthly charge has not been paid and has been delinquent for more
than fifteen days after the due date, then the city may refuse to accept any further waste
discharges from that transporter.
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of
competent jurisdiction, such invalidity shall not affect the remaining provisions hereof.
SECTION 5: All ordinances, parts of ordinances, rules and regulations in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION 6: This Ordinance shall take effect upon adoption.
Passed and Approved by the City Council of the City of Huntsville, Texas on this thl 19t day of May 2015.
di
Mac Woodward', Mayor
P - • V D S TO FORM:
Schneider, City Attorney
Memorandum
To: Kevin Evans, City Manager
From: Bill Daugette, Operations Manager
Date: October 1, 2007
Re: Sewer Ordinance Revision
Please find attached a copy of my recommended revision to the City of Huntsville's Code
of Ordinances, Chapter 30, Water and Sewer. The revisions include:
1. 30.02.01 Added a "Definitions of Terns"
2. 30.02.02.02 B Updated "Winter Averaging" period
3. 30.02.03.01 Provides authority to require connecting to sewer for existing
buildings within 300 feet of an available sewer
4. 30.02.03.02 Provides authority to require connecting to sewer for existing
buildings within 300 feet of an available sewer after a change of ownership
5. 30.02.03.04 Unlawful to deposit sewer on public or private property
6. 30.02.05.04 Provides City authority to remedy an unsatisfactory sewer condition
45 days after notice to property owner, or less if required to eliminate a risk to
public safety or health, and invoice the owner for associated costs
7. 30.02.05.06 Requires owners to seal off sewer connections where buildings have
been demolished or removed
8. 30.02.05.08 Requires "One Call" notification prior to excavation
9. 30.02.07 Fats, Oils and Grease (FOG)
10. 30.02.08.01 Authorizes the City to enter property and inspect sewer system
11. 30.02.09 Provides penalties for violations
With sewer rules and regulations becoming more stringent it is necessary that our
ordinance provide the guidance . . : P i onty to our sta an• ns to insure operate
legally and efficiently whi - . rotecting public health and safety of our munity. This
revision will replace the - fisting Chapter 30, Section 02 in its entirety and hould be
amended in the future as ne
CITY COUNCIL
AGENDA ITEM
Requested By: Bill Daugette
Item No.
Date
Prepared By: Bill Daugette Department Head Approval:
Chapter 30 Code of Ordinances
ITEM DESCRIPTION:
Update Title 30, Part 30.02 of City of Huntsville Code of Ordinances
RESULT to be ACHIEVED:
Ordinance revisions provide updated guidelines and regulations to insure the sewer collection system is
constructed, operated, and maintained in an efficient and legal manner
BACKGROUND:
With sewer rules and regulations becoming more stringent it is necessary that our ordinance
provide the guidance and authority to our staff and citizens to insure we operate legally and
efficiently. This revision will replace the existing Chapter 30, Section 02 in its entirety and should
be amended in the future as necessary.
FISCAL IMPACT or FUNDING SOURCE:
None
RECOMMENDED MOTION:
Recommend the approval of Ordinance Number
Huntsville Code of Ordinances
ATTACHMENT(S):
Memo From Bill Daugette to City Manager
Copy of recommended revision
Copy of existing Ordinance
updating Title 30, Part 30.02 of the City of
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTSVILLE, TEXAS ADOPTING RULES AND
REGULATIONS HEREIN SET FORTH FOR THE
MAINTENANCE AND OPERATION OF THE CITY OF
HUNTSVILLE SEWER SYSTEM; PROVIDING FOR THE
SAFETY AND HEALTH FOR THE CITIZENS OF
HUNTSVILLE; PROVIDING A PENALTY FOR
VIOLATION; CONTAINING A SAVINGS CLAUSE, A
SEVERABIITY CLAUSE, AND A REPEALER CLAUSE;
PROVIDING FOR PUBLICATION, CODIFICATION, AND
AN EFFECTIVE DATE; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City of Huntsville, a home rule municipality, is authorized
by Charter to adopt and implement necessary and reasonable ordinances in the
best interests of its citizenry; and
WHEREAS, it is the desire of the City Council of the City of Huntsville,
Texas that the City adopt rules and regulations setting forth requirements for the
operation and maintenance of the sewer system; and
WHEREAS, the City council of the City of Huntsville finds the provisions of
this ordinance set forth below are necessary to protect the health, safety, and
welfare of its citizens and the public, and said rules and regulations are
reasonable;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Huntsville, Texas that from and after the Effective Date of this Ordinance, as
outlined in Section 30.02.11 herein, the operation and maintenance of the
Huntsville Sewer Collection System shall conform to the following rules and
regulations.
Section 30.02.01 Definitions
Unless the context specifically and clearly indicates otherwise, the meaning of
terms and phrases used in this Ordinance shall be as follows:
Act shall mean the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et. seq.
BOD shall mean the quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedures for five (5) days at 20
degrees centigrade, usually expressed as a concentration (e.g., mg /I).
Building Sewer shall mean the extension from the sanitary sewer drainage
system of any structure to the public sewer mains.
Sewer Stub shall mean the portion of the sewer that connects to the public sewer
main and extends to the property line and is available to receive a building sewer
connection.
Building Sewer Connection shall mean the pipe installed from the property line to
the building to receive the sanitary sewerage generated by a building or
household.
City shall mean the City of Huntsville, Walker County, a municipality of the State
of Texas, acting by and through its Council Members or, in appropriate cases,
acting by and through it authorized representatives.
City of Huntsville Sewer System: a treatment works which is owned by a state or
municipality as defined by section 502(4) of the Clean Water Act. This definition
includes any devices and systems used in the storage, treatment, recycling and
reclamation of municipal sewage or industrial wastes of a liquid nature. It also
includes all sewers, pipes and other conveyances that convey wastewater to the
City of Huntsville Treatment Plant. The term also means the municipality as
defined in section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works. For purposes of
this ordinance, the terms "sanitary sewer system" and "City of Huntsville" may be
used interchangeably.
COD shall mean the value of the test for Chemical Oxygen Demand, as
described in the latest edition of "Standard Methods for the Examination of Water
& Wastewater."
Domestic User shall mean sewer connected to single family or multiple family
residences.
EPA shall mean the U.S. Environmental Protection Agency or, where
appropriate, the Regional Water Management Division Director, or other duly
authorized official of the agency.
Fats, oils, and greases (FOG) shall mean the organic polar compounds derived
from animal and /or plant sources that contain multiple carbon chain triglyceride
molecules. These substances are detectable and measurable using analytical
test procedures established in 40 CFR 136, as may be amended from time to
time. All are sometimes referred to herein as "grease" or "greases."
Generator /Operator shall mean any person who owns or operates a grease
trap /grease interceptor, or whose act or process produces a grease trap waste.
Grease Trap or Interceptor shall mean a device designed to use differences in
specific gravities to separate and retain light density liquids, waterborne fats, oils,
and greases prior to the wastewater entering the sanitary sewer collection
system. These devices also serve to collect settleable solids, generated by and
from food preparation activities, prior to the water exiting the trap and entering
the sanitary sewer collection system. Grease traps and interceptors are also
referred to herein as "grease traps /interceptors."
Grease Trap Waste shall mean material collected in and from a grease
trap /interceptor in the sanitary sewer service line of a commercial, institutional, or
industrial food service or processing establishment, including the solids resulting
from de- watering processes.
Indirect Discharge or Discharge shall mean the introduction of pollutants into City
of Huntsville's sewer system from any non - domestic source.
Institutional User shall mean any person, corporation, agency of the State of
Texas, or political subdivision which uses five percent (5 %) or more of the total
water sold by the City or which discharges five percent (5 %) or more of the
wastewater treated by the City.
Interference shall mean a discharge which alone or in conjunction with a
discharge or discharges from other sources inhibits or disrupts the City of
Huntsville sewer system, its treatment processes or operations or its sludge
processes, use or disposal, or is a cause of a violation of the city's Texas
Pollution Discharge Elimination System (TDPES) permit.
Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake, or
other body of surface water.
Notice shall mean actual notice or written notice mailed postage prepaid first -
class mail to any person's last known address.
Owner shall mean any Person vested with ownership, legal or equitable, sole or
partial, or possession of any improved property, and any manager or agent of
any owner or possessor. There may be more than one Owner, and all
responsibilities and liabilities in the Part shall be joint and nonexclusive.
Person shall mean any individual, partnership, company, association, society,
corporation, or other legal entity.
QH shall mean the measure of the relative acidity or alkalinity of water and is
defined as the negative logarithm (base 10) of the hydrogen ion concentration.
Sanitary Sewerage shall mean normal water - carried household and toilet wastes
discharged from any improved property, excluding ground, surface, or storm
water.
Sewer shall mean any pipe or conduit constituting a part of the Sewer Collection
system used or usable for sewage collection purposes.
Sewer Collection System shall mean all facilities, as of any particular time, for
collecting, pumping, and transporting, treating Sanitary Sewerage located in the
city limits of Huntsville and /or owned and maintained and operated by the City of
Huntsville.
TCEQ shall mean the Texas Commission on Environmental Quality, and its
predecessor and successor agencies.
Transporter shall mean a person who is registered with and authorized by the
TCEQ to transport sewage sludge, water treatment sludge, domestic septage,
chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30
Texas Administrative code §312.142.
TSS shall mean the value of the test for Total Suspended Solids, as described in
the latest edition of "Standard Methods for the Examination of Water &
Wastewater."
User shall mean any person, including those located outside the jurisdictional
limits of the city, who contributes, causes or permits the contribution or discharge
of wastewater into the City of Huntsville sewer system including persons who
contribute such wastewater from mobile sources.
Variance For the purposes of this Part 30.02, the term "Variance" shall mean an
official dispensation to act contrary to a rule or regulation.
Winter Averaging shall mean the practice of using an average of water
consumed during the months of November, December, January, and February at
a residence to determine the monthly sewer charge for the entire year.
Section 30.02.02 Charges for Sewer.
Section 30.02.02.01 Connection Charges Except as herein provided, the
following charge shall be assessed and collected by the city for wastewater
taps or services:
1. Minimum fee for a four inch wastewater tap, location of wastewater stub,
or any new connection to the wastewater system shall be as established
from time to time by ordinance.
2. Connections requiring the installation of a manhole shall be made at
actual cost, including the cost of the manhole.
3. Any tap greater than 4" shall be made at actual cost.
4. All other wastewater service taps and special wastewater service
connections shall be made at cost as determined by the Director of Public
Utilities or his /her designee.
Section 30.02.02.02 Monthly Fee Schedule
Commercial Rate Schedule Except as hereafter provided, each commercial use
of sewer including churches, financial establishments, hospitals, nursing homes,
offices, retail and wholesale businesses supplied with sewer service by the City
shall be charged a monthly sewer service charge for each meter (regardless of
the size of the meter) based upon the amount of water consumed by the user
and applied to the rate schedule as established from time to time by ordinance.
Residential Rate Schedule.
1. Individually metered single residential units. Each individually metered
residential dwelling unit supplied with sewer service by the City shall be charged
for and owe each month a wastewater service charge and a volume charge
based upon the average amount of water consumed in November, December,
January, and February, rounded to the nearest 100 gallons, as determined by the
water meter reading, applied to the rate schedule as established from time to
time by ordinance. The monthly billing will be determined on this average.
Customers moving into an existing single family residential unit shall be billed
based on the past history of usage at such residential unit, if known, or if not
known, at eighty percent (80 %) of current monthly consumption up to a maximum
monthly amount for 10,000 gallons until the winter month history is established.
New residential units shall be billed at 80% of current monthly consumption up to
a maximum monthly amount for 10,000 gallons until the winter month history is
established.
2. Jointly metered residential units. Each multi - family dwelling unit (including
apartments, duplexes, mobile home parks, etc.) supplied with sewer service by
the City shall be charged for each meter (regardless of meter size) a monthly
sewer service charge and a volume charge based upon the amount of water
consumed by the user and applied to the rate schedule as established from time
to time by ordinance.
Institutional Users
1. Except as specifically provided otherwise by written agreement, an
institutional user shall pay to the City a monthly sewer service charge and a
volume charge based upon the amount of wastewater discharged by the user
into the City's publicly owned treatment works at a rate established from time to
time by ordinance.
2. The amount of wastewater discharged by an institutional user shall be based
upon and determined to be the metered amounts of water delivered to the user
through lines which are connected to plumbing fixtures which then return
wastewater to the City's publicly owned treatment works, or by wastewater
metered connections authorized by the Director of Public Utilities.
Users Without City Water Residential customers not connected to the
waterworks system of the city shall be billed monthly by the city for sanitary
sewer services at a rate equal to the sum of the average sewer bill for residential
customers connected to the waterworks system or at a rate based on the
average usage of the November, December, January, and February billings from
a rural water district records if applicable. Commercial customers shall be billed
at a rate that is consistent with the regular sewer charge of similar type
businesses, premises or users receiving service from the city.
Other Charges Not Affected Nothing herein shall affect or alter any other
charge for sewer service required by the Code or the city's industrial waste
ordinances.
Section 30.02.03 Use of Public Sewers Required
Section 30.02.03.01 The owner of an existing building or any part of a building
occupied as a residential, commercial, or manufacturing facility located within
300 feet of a public sewer, shall connect such building with the sewer in such a,
manner as the City may require within 180 days after notice to such owner from
the City to make such connection. This connection will be for the purpose of
discharging all sanitary sewer and industrial waste from such buildings into the
public sewer, subject to any limitations and /or restrictions as are established in
this ordinance and /or any other ordinance or the City's industrial pretreatment
program. Each such owner shall, at the same time, cease and desist from all
further discharge of sanitary sewerage or industrial waste, except into the public
sewer and monthly sewer charges will begin to be charged to the owner's City of
Huntsville utility account as described by section 30.02.02 herein.
Section 30.02.03.02 The owner of an existing building or any part of a building
occupied as a residential, commercial, or manufacturing facility located within
300 feet of a public sewer shall be required to connect upon transfer of
ownership of the property.
Section 30.02.03.03 All sanitary sewerage and industrial wastes from any
building, after connection of such building with a sewer, shall be conducted into a
sewer, subject to limitations and restrictions as shall be established herein or
otherwise shall be established by the City, from time to time.
Section 30.02.03.04
A. It shall be unlawful for any person to place, deposit, or permit to be
deposited in any unsanitary manner on public or private property within
the City, or in any area under the jurisdiction of the City, any human or
other objectionable waste.
B. It shall be unlawful to discharge to any natural outlet within the City, or in
any area under the jurisdiction of the City, any wastewater or other
polluted waters, except where suitable treatment has been provided in
accordance with the provisions of this ordinance and the State of Texas.
Section 30.02.03.05 No Privy vault, cesspool, sinkhole, septic tank, on -site
sewer system or similar receptacle shall be used and maintained at any time for
any building which has been connected to a Sewer or which shall be required
under Section 30.02.03 to be connected to a Sewer.
Section 30.02.03.06 No privy vault, cesspool, sinkhole, septic tank, on -site
sewer system, or similar receptacle at any time shall be connected with a Sewer.
Section 30.02.04 Building Sewers and Connections
Section 30.02.04.01 Grouping of more than one single family dwelling on a
sewer stub shall not be permitted, except under special circumstances and for
good sanitary reasons or other good causes shown, but then only after special
permission of the City Engineer, in writing, shall have been secured and subject
to such rules, regulations, and conditions as may be prescribed by the City of
Huntsville.
Section 30.02.04.02 The City of Huntsville may at its own expense during
construction of a new sewer construct a Sewer Stub from the public sewer to the
property line of some existing lots along the line. All costs and expenses of
construction of the remainder of the Building Sewer, including connection to the
structures served, shall be borne by the Owner of the building to be connected,
including all connection fees as stated in 30.02.02.01; and such Owner shall
indemnify and save harmless the City, its officers and agents, from all loss or
damage that may be occasioned, directly or indirectly, as a result of construction
of a Building Sewer Connection on the Owner's premises or the connection to
the Sewer System. After the initial construction of the Building Sewer
Connection the Owner shall be obligated to pay all costs of expenses of
operation, repair, maintenance, and of reconstruction of the entire Building Sewer
beginning at the Public Sewer Main and ending at the building.
Section 30.02.04.03 A Building Sewer shall be connected to Public Sewer Main
at the place designated by City and where a connection is provided.
Section 30.02.04.04 If the Owner of any building located within the City and
benefited, improved, served or accommodated by any Sewer, or to which any
Sewer is available, after 180 days notice from the City, in accordance with
Section 30.02.03, shall fail to connect such building as required, he or she shall
be in violation of this Ordinance and the City may make such connection and
may collect from such Owner the costs and expenses thereof by such legal
proceedings as may be permitted by law. The City shall have full authority to
enter Owner's property to do whatever is necessary to properly drain sewer from
the Improved Property into the Public Sewer. The City of Huntsville shall be
authorized to discontinue water service by the City until such time as the property
is in compliance.
Section 30.02.04.05 No Person shall uncover, connect with, make any opening
into or use, alter or disturb in any manner any Sewer or any Part of the Sewer
System. All taps, connects, extensions, or any alteration of the Sewer System
must be completed by the City's Public Services employees or by Contractors
employed and supervised by the City.
Section 30.02.04.06 The City Engineer may require a user of sewer services to
provide information needed to determine compliance with this Ordinance. These
requirements may include:
a. Wastewater discharge peak rates and volume over a specific time
period.
b. Chemical analyses of wastewaters
c. Information on raw materials, processes, and product affecting
wastewater volume and quality.
d. Quantity and disposition of specific liquid, sludge, oil, solvent, or other
materials important to sewer use control.
e. A plot plan of sewers on the user's property showing sewer and
pretreatment facility locations as prepared by a registered Professional
Engineer or Land Surveyor.
f. Details of wastewater pretreatment facilities.
g. Details of systems to prevent and control the losses of materials
through spills to the municipal sewer.
Section 30.02.04.07 Construction must meet the following requirements:
a. All connections and joints will be smooth and watertight.
b. All pipe materials shall be PVC, ASTM D -3034, SDR 26 or better as
approved by the City Engineer. Sewer Stubs may use ASTM D- 3034
for sewers Tess than five feet in depth. The Building Sewer Connection
shall comply with the adopted plumbing code.
c. All taps, laterals, and connections six inches and greater must be
made at a manhole.
d. All construction must be in accordance with construction details
available in the City's construction detail book, available from the City
Engineer.
e. All building sewers shall be of sufficient size and type as determined by
the City's adopted building and plumbing codes.
f. The slope from the building to the public sewer shall be satisfactory to
the Building Official. If the slope cannot be made satisfactory, then
such other reasonable steps will be taken as will be satisfactory to the
Building Official up to and including on site pumping systems. Any
pumping systems will be purchased, maintained and operated by the
Owner.
g. All work shall be performed in strict conformity to the requirements of
the City of Huntsville.
Section 30.02.04.08 In some circumstances, the city may install a meter to
monitor wastewater discharged into the city's sewer system. It shall be unlawful
for any person, other than those authorized by the city, to disconnect, connect or
remove any tap or meter, turn off and on the valve or fixture provided to control
or measure the flow without prior consent of the city. It is specifically provided
that all sewer meters turned off for nonpayment of account shall not thereafter
be turned on by any person other than an employee of the City of Huntsville and
it shall be unlawful for any person not a city employee to turn on a disconnected
sewer meter. Upon the trial of any cause for which a violation of this section is
charged, proof that the person charged is the person in whose name said water
meter is listed in official city records or the occupant of the premises obtaining
sewer service through such meter, shall be prima facie proof of the violation of
said section by the person so charged.
Section 30.02.04.09
A. Customers to whom sewer service is furnished through a meter shall have the
right to demand that any meter be tested for accuracy and when any customer
wishes such test made, he /she shall deposit a rate as established from time to
time by City ordinance for each meter desired tested. The manager of utilities
shall cause such meter to be tested under normal testing procedures and notify
the customer in writing of the results of such test.
B. If any such meter upon such test be found to be inaccurate, the deposit for
making such test shall be returned to the customer and a deduction from the
customer's bill of the proportionate amount the bill was increased by the amount
of over - registration as indicated by said test from the date complaint was first
made by the customer that such meter was over - registering the wastewater flow
but not for a period of time in excess of three (3) months.
C. If upon such test, the meter is found accurate or if such test reveals that said
meter has under - registered the amount of wastewater flow, such deposit shall be
forfeited to the city for the cost of making such test and the customer shall be
charged for such under -usage and said customer's sewer bills recalculated for
the preceding three -month period, and if the cost of making the rest exceeds the
deposit above provided, the customer shall be charged for the amount of such
excess, such charge to appear on the next monthly billing for sewer charges to
such customer.
Section 30.02.05 Rules and Regulations Governing Building and Sewer and
Connection to Sewers
Section 30.02.05.01 No Building Sewer or repair thereto shall be covered until it
has been inspected and approved by the City. If any part of a Building Sewer is
covered before being so inspected and approved, it shall be uncovered for
inspection at the cost and expense of the Owner of the building to be connected
to a Sewer.
Section 30.02.05.02 Every Building Sewer shall be maintained in a sanitary and
safe operating condition by the Owner. Failure to maintain the Building Sewer
may result in the discontinuation of service.
Section 30.02.05.03 Every excavation for a Building Sewer shall be guarded
adequately with barricades and lights to protect all persons from damage and
injury, except where the excavation presents no reasonable danger to either the
neighbors or the public.
Section 30.02.05.04 If any Person shall fail or refuse, upon receipt of a notice of
the City, in writing, to remedy any unsatisfactory condition with respect to a
Building Sewer, within 45 days of receipt of such notice (expect that in a case of
dire emergency this time period maybe reduced as necessary to protect the
health and safety of the residents of the City), the City may remedy any
unsatisfactory condition with respect to a Building Sewer and may collect from
the Owner the costs and expenses thereof by such legal proceedings as may be
provided by law. The City shall have full authority to enter on the Owner's
property to do whatever is necessary to remedy the unsatisfactory condition.
Section 30.02.05.05 Any person proposing a new discharge into the system or a
substantial change in the volume or character of pollutants that are discharged
into the system shall notify the City Engineer at least 60 days prior to the
proposed change or connection. Proposed new discharges from residential or
commercial sources involving loading exceeding 50 population equivalents
(5,000 gallons per day) shall contact the City Engineer for approval. Any new
industrial discharge, or any alteration in either flow or waste characteristics in
industrial discharge, must obtain approval of the Wastewater Services and
Environmental Services Superintendent.
Section 30.02.05.06 When a building is demolished and not immediately
replaced, the Owner, having first notified the Building Inspections Department,
shall adequately seal off of the building sewer where it connects to the public
sewer main.
Section 30.02.05.07 When a building is once connected to the sewer system the
Owner shall promptly clean and fill the prior private septic or aerobic system in a
manner satisfactory to the City.
Section 30.02.05.08 Where the Owner excavates within or otherwise disturbs
public property, then the Owner shall give the City of Huntsville prior notice of the
proposed action by utilizing the "One Call" system required by Texas law and
shall promptly and safely at the Owner's expense, complete the action and
restore the public property in a manner satisfactory to the City.
Section 30.02.06 Sewer Waste Restrictions
Section 30.02.06.01 No person shall discharge or cause to be discharged any
unpolluted waters such as stormwater, groundwater, roof runoff, or subsurface
drainage to any sanitary sewer.
Section 30.02.06.02 Stormwater and all other unpolluted drainage shall be
discharged to storm sewers, if available, or to a natural outlet approved by the
City.
Section 30.02.06.03 No person shall discharge or cause to be discharged any
substance in violation of the City's Pretreatment Ordinance or applicable State or
Federal law.
Section 30.02.07 Fats, Oils, and Greases (FOG)
Section 30.02.07.01 Applicability and Prohibitions
(a) This ordinance shall apply to all non - domestic users of the City of Huntsville's
sewer system, as defined in Section 30.02.01 of this Ordinance.
(b) Grease traps or grease interceptors shall not be required for residential users.
(c) Facilities generating fats, oils, or greases as a result of food manufacturing,
production, processing, preparation, or food service shall install, use, and
maintain appropriate grease traps or interceptors as required in Section
30.02.01. These facilities include but are not limited to restaurants, grocery
stores, delis, meat markets, bakeries, convenience stores, food manufacturers,
food processors, hospitals, entertainment centers, hotels, motels, prisons,
nursing homes, and any other facility preparing any food available for
consumption.
(d) No user may intentionally or unintentionally allow the direct or indirect
discharge of any petroleum oil, non - biodegradable cutting oil, mineral oil, or any
fats, oils, or greases of animal or vegetable origin into the City of Huntsville
sewer collection system in such amounts as to cause interference with the
collection and treatment system, or as to cause pollutants to pass through the
treatment works into the environment.
Section 30.02.07.02 Installation and Maintenance
(a) Installations
1) New Facilities. Food processing or food service facilities which are newly
proposed or constructed, or existing facilities which will be expanded or
renovated to include a food service facility, where such facility did not previously
exist, shall be required to design, install, operate and maintain a grease
trap /interceptor in accordance with locally adopted plumbing codes (International
Plumbing Code Section 1003) or other applicable ordinances. Grease
traps /interceptors shall be approved, installed and inspected prior to issuance of
a certificate of occupancy.
2) Grease traps /interceptors may not be shared by two or more establishments
including mobile food units.
3) Grease traps must not be installed within the building of an establishment
except when under the counter interceptors are approved by the City of
Huntsville.
4) Existing Facilities. Existing grease traps /interceptors must be operated and
maintained in accordance with the manufacturer's recommendations and in
accordance with these Model Standards, unless specified in writing and
approved by the City of Huntsville.
5) All grease trap /interceptor waste shall be properly disposed of at a facility in
accordance with federal, state, or local regulation.
Section 30.02.07.03 Cleaning
1) Grease traps and grease interceptors shall be maintained in an efficient
operating condition at all times.
2) Each grease trap pumped shall be fully evacuated unless the trap volume is
greater than the tank capacity on the vacuum truck in which case the transporter
shall arrange for additional transportation capacity so that the trap is fully
evacuated within a 24 -hour period, in accordance with 30 Texas Administrative
Codes §312.143.
Section 30.02.07.04 Cleaning Schedules
1) Grease traps and grease interceptors shall be cleaned as often as necessary
to ensure that sediment and grease floating materials do not accumulate to
impair the efficiency of the grease trap /interceptor; to ensure the discharge is in
compliance with local discharge limits; and to ensure no visible grease is
observed in discharge.
2) Grease traps and grease interceptors subject to these standards shall be
completely evacuated a minimum of once every ninety (90) days, or more
frequently when:
(A) twenty -five (25) percent or more of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert
of the outlet pipe, contains floating materials, sediment, oils or greases; or
(B) The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels
established by the City of Huntsville; or
(C) If there is a history of non - compliance.
Section 30.02.07.05 Reduced Cleaning Schedules
(A) Any person who owns or operates a grease trap /interceptor may submit to
the City of Huntsville a request in writing for an exception to the ninety (90) day
pumping frequency of their grease trap /interceptor. The City of Huntsville may
grant an extension for required cleaning frequency on a case -by -case basis
when:
(1) The grease trap /interceptor owner /operator has demonstrated the specific
trap /interceptor will produce an effluent, based on defensible analytical
results, in consistent compliance with established local discharge limits such
as BOD, TSS, FOG, or other parameters as determined by the City of Huntsville,
or
(2) Less than twenty -five (25) percent of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert
of the outlet pipe, contains floating materials, sediment, oils or greases
(B) In any event, a grease trap and grease interceptor shall be fully evacuated,
cleaned and inspected at least once every one hundred and eighty (180) days.
Section 30.02.07.06 Transporter Waste Manifest Requirements
1) Each pump -out of a grease trap or interceptor shall be performed by a state
registered transporter and must be accompanied by a waste manifest to be used
for record keeping purposes.
2) Persons who generate, collect and transport grease waste shall maintain a
record of each individual collection and deposit. Such records shall be in the form
of a waste manifest. The waste manifest shall include:
(A) Name, addresses, telephone, and TCEQ registration number of transporter;
(B) Name, signature, address, and phone number of the person who generated
the waste and the date collected;
(C) Type of waste collected or transported; capacity of waste facility (in gallons);
and quantity of waste removed (in gallons);
(D) Name and signature(s) of responsible person(s) generating, collecting,
transporting, and disposing the waste;
(E) Date and Disposal Site where the waste was deposited;
(F) Identification (permit or site registration number, location, and operator) of
the facility where the waste was deposited;
(G) Name and signature of facility on -site representative acknowledging receipt
of the waste and the amount of waste received;
(H) a consecutive numerical tracking number to assist transporters, waste
generators, and regulating authorities in tracking the volume of grease
transported.
3) Manifests shall be divided into five parts and records shall be maintained as
follows.
(A) One part of the manifest shall have the generator and transporter information
completed and be given to the generator at the time of waste pickup.
(B) The remaining four parts of the manifest shall have all required information
completely filled out and signed by the appropriate party before distribution
of the manifest.
(C) One part of the manifest shall go to the Disposal Site receiving facility.
(D) One part shall go to the transporter, who shall retain a copy of all manifests
showing the collection and disposition of waste.
(E) One copy of the manifest shall be returned by the transporter to the person
who generated the wastes within 15 days after the waste is received at the
disposal or processing facility.
(F) One part of the manifest shall go to the City of Huntsville.
4) Copies of manifests returned to the waste generator shall be retained for five
years and be readily available for review by the City of Huntsville.
Section 30.02.07.07 Alternative Treatment
1) A person commits an offense if the person introduces, or causes, permits, or
suffers the introduction of any surfactant, solvent or emulsifier into a grease trap.
Surfactants, solvents, and emulsifiers which allow the grease to pass from the
trap into the collection system, and include but are not limited to bacteria,
enzymes, soap, diesel, kerosene, or other solvents.
2) It is an affirmative defense to an enforcement action that the use of surfactants
or soaps is incidental to normal kitchen hygiene operations.
3) Bioremediation media may be used with the City of Huntsville's approval if the
person has proved to the satisfaction of the City of Huntsville that laboratory
testing which is appropriate for the type of grease trap to be used has verified
that:
(A) The media is a pure live microorganism product which is not inactivated by
the use of domestic or commercial disinfectants (such as chlorine bleach),
detergents, strong alkalis, acids, and /or water temperatures of 160/F (71/C).
(B) The use of the media does not reduce the buoyancy of the grease layer in the
grease trap and does not increase the potential for oil and grease to be
discharged to the sanitary sewer.
(C) The use of the bioremediation media does not cause foaming in the sanitary
sewer.
(D) The BOD, COD, and TSS discharged to the sanitary sewer after use of the
media does not exceed the BOD, COD, and TSS which would be discharged
if the product were not being used and the grease trap was being properly
maintained. pH levels must be between 5 and 11.
4) All testing designed to satisfy the criteria shall be scientifically sound and
statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and
other pollutant levels shall use appropriate tests which have been approved by
the Environmental Protection Agency and the Texas Commission on
Environmental Quality and which are defined in Title 40, Code of Federal
Regulations, Part 136 or Title 30, or Texas Administrative Code §319.11. Testing
shall be open to inspection by the City of Huntsville, and shall meet the City of
Huntsville's approval.
Section 30.02.07.08 Schedule of Penalties
(a) If the City of Huntsville determines that a generator is responsible for a
blockage of a collection system line the generator shall owe a civil penalty equal
to that of a class C misdemeanor.
(b) Consistent violations will result in an increased civil penalty and may result in
termination of service.
Section 30.02.08 Inspection
Section 30.02.08.01 Employees authorized by the City Manager of the City of
Huntsville and bearing proper credentials and identification shall be permitted to
enter all properties for the purposes of inspection, observation, measurement,
sampling, and testing pertinent to discharge to the City sewer system, and write
citations as necessary, in accordance with the provisions of the ordinance.
Section 30.02.09 Penalties
Section 30.02.09.01 Any person violating this Ordinance shall be guilty of a
Class C misdemeanor. Thirty (30) days following notice to the Owner of such
violation, each day of continued violation shall be a separate offense. This
penalty shall be in addition to the City's right to correct or enjoin any violation,
charging expense thereof to the Owner.
Section 30.02.09.02 Any person found to be violating any provision of this
Ordinance shall be served by the City with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correcting
thereof. The offender shall, within the period of time stated in such notice,
permanently cease all violations. The City may, after informal notice to the
person discharging wastewater to the public sewer, immediately halt or prevent
such discharge reasonably appearing to present an imminent endangerment to
the environment, health, safety, and welfare of the public; or which threatens to
interfere with the operation of the public sewer or wastewater treatment facilities.
Section 30.02.09.03 No person shall break, damage, destroy, uncover, deface,
or tamper with any structure, appurtenance or equipment which is part of the
wastewater facilities. Any person violating this provision shall be guilty of a Class
C misdemeanor.
Section 30.02.09.04 The utility billing supervisor shall charge a sewer customer
for either replacing a sewer meter lock broken by abuse, cutting or other misuse
not by the city; removing or replacing a sewer meter due to discontinuance of
sewer service for nonpayment of bill; or for replacing a sewer meter head not
removed by the city.
Section 30.02.09.05 Any person found to be violation any provision of this
ordinance shall be guilty of a Class C misdemeanor fined for each violation.
Each day in which such violation shall continue shall be deemed a separate
offense.
Section 30.02.10 Validity
Section 30.02.10.01 Upon the Effective Date of this ordinance, the prior
ordinance entitled "Part 30.02 Sewers" is repealed. All other ordinances or parts
of ordinances in conflict herewith are hereby repealed. Such repeal shall not
abate or otherwise affect any existing action or proceeding now pending under
the previous ordinances.
Section 30.02.10.02 The invalidity of any section, clause, sentence, or provision
of this ordinance shall not affect validity of any other part of this ordinance which
can be given effect without such invalid part or parts.
Section 30.02.11 Effective Date This ordinance shall take effect Sixty (60) days
after the approval of the ordinance by the City Council of the City of Huntsville.
The City Secretary shall publish the caption of this ordinance in the official City
newspaper at least twice within ten (10) days of its passage.
Passed and Approved by the City Council of the City of Huntsville, Texas on this
the day of , 2007.
J. Turner, Mayor
Attest:
Danna Welter, City Secretary
Approved as to Form:
Thomas A. Leeper, City Attorney
Existing Chapter 30 Part 30.02
Section 30.02.01 Monthly charges for sewer.
A. Commercial rate schedule.
Except as hereafter provided, each commercial use of sewer including churches, financial
establishments, hospitals, nursing homes, offices, retail and wholesale businesses supplied
with sewer service by the City shall be charged a monthly sewer service charge for each
meter (regardless of the size of the meter) based upon the amount of water consumed by
the user and applied to the following rate schedule:
Gallons of Water Used per Month Amount or Rate Charged
first 2,000 minimum monthly charge
all over 2,000, per 1,000 gallons
B. Residential rate schedule.
$15.00
$ 4.87
1. Individually metered single residential units. Each individually metered residential
dwelling unit supplied with sewer service by the City on shall be charged for and owe each
month a wastewater service charge and a volume charge based upon the average amount of
water consumed in November 2001, January 2002, and February 2002, rounded to the
nearest 100 gallons, as determined by the meter reading, applied to the rate schedule. The
monthly billing will be determined on this average. The average will not be recalculated
until the next rate adjustment. Customers without a consumption history will be calculated
based in actual consumption until a consumption history can be calculated, using twelve
(12) months of consumption history, or the next November, January, and February billing
period.
Gallons of Water Used per Month Amount or Rate Charged
first 2,000 minimum monthly charge
all over 2,000, per 1,000 gallons
$15.00
$ 4.87
Example:
Customer With Consumption History:
Meter Read Date Consumption
12 -10 -2001 6,500 gallons
02 -10 -2002 7,000 gallons
03 -10 -2002 6,900 gallons
Average (rounded to nearest 100 gallons) 6,800 gallons
Bill $38.38
2. Jointly metered residential units. Each multi- family dwelling unit (including
apartments, duplexes, mobile home parks, etc.) supplied with sewer service by the City
shall be charged for each meter (regardless of meter size) a monthly sewer service charge
and a volume charge based upon the amount of water consumed by the user and applied to
the following rate schedule.
Gallons of Water Used per Month Amount or Rate Charged
first 2,000 minimum monthly charge (per meter) $15.00
all over 2,000, per 1,000 gallons $ 4.87
E. Institutional users.
1. An institutional user is any person, corporation, agency of the State of Texas, or
political subdivision which uses five percent (5 %) or more of the total water sold by the
City or which discharges five percent (5 %) or more of the wastewater treated by the City.
2. Except as specifically provided otherwise by written agreement, an institutional user
shall pay to the City a monthly sewer service charge and a volume charge based upon the
amount of wastewater discharged by the user into the City's publicly owned treatment
works, as applied to the following rate:
Gallons of Wastewater Discharged per Month Amount or Rate Charged
first 2,000 minimum monthly charge $15.00
all over 2,000 per 1,000 gallons $ 4.87
3. The amount of wastewater discharged by an institutional user shall be based upon
and determined to be the metered amounts of water delivered to the user through lines
which are connected to plumbing fixtures which then return wastewater to the City's
publicly owned treatment works, or by wastewater metered connections authorized by the
City Manager.
F. Other charges not affected. Nothing herein shall effect or alter any other charge for
sewer service required by the Code or the city's industrial waste ordinances.
G. Users without city water. Residential customers not connected to the waterworks
system of the city shall be billed monthly by the city for sanitary sewer services at a rate
equal to the sum of the minimum residential sewer charge and the maximum residential
sewer charge divided by two (2) (the average) or at a rate based on the average usage of
the November 2001, January 2002, and February 2002 billings from a rural water district
records if applicable. Commercial customers shall be billed at a rate that is consistent with
the regular sewer charge of similar type businesses, premises or users receiving service
from the city. The utility office supervisor shall recommend for approval such service
charge and conditions as deemed appropriate to the Finance Committee of the City
Council and the Finance Committee shall approve the same.
(Ord. No. 80 -40; Ord. No. 81 -55; Ord. No. 82 -20; Ord. No. 82 -33; Ord. No. 84 -25; Ord.
No. 85 -16; Ord. No. 87 -26; Ord. No. 89 -23; Ord. No. 90 -11; Ord. No. 91 -22)
(2002 -21, Amended, 09/17/2001, Prior Text; 2000 -23, Amended, 09/26/2000, Prior Text;
99 -25, Amended, 09/21/1999, Prior Text; 96 -13, Amended, 09/10/1996; 95 -23, Amended,
08/08/1995; 92 -16, Amended, 09/15/1992)
Section 30.02.02 Injuring sewer system; prohibited deposits.
No person shall injure, break or remove any section of any manhole, lamp hole,
flush tank, catch basin, or any part of the sewer system, or throw or deposit or
cause to be deposited or thrown in any sewer opening or receptacle connecting
with the sewer system any garbage, offal, dead animals, vegetables, parings, ashes,
cinders, rags or other matter or things whatsoever, except feces, urine and the
necessary waste toilet paper, liquid, house and mill slops.
(Ord. of 1- 18 -49, § 12)
Section 30.02.03 Right of city to prevent discharge of private sewer or
drain into city sewer.
The city, acting through the city building official or other authorized officers, shall have
the power to stop and prevent from discharging into the sewer system any private sewer
or drain through which substances are discharged which are liable to injure the sewers or
obstruct the flow of the sewage or interfere with the operation of the disposal plant.
(Ord. of 1- 18 -49, § 14)
Section 30.02.04 Opening street or alley in which sewers are laid.
Any person desiring to lay pipes for water, gas, steam or any purpose in any street
or alley upon or under which sewers are laid shall give at least twenty -four (24)
hours notice to the city building official before opening the street or alley. The
manner of excavating for the laying and backfilling over such pipe shall be subject
to the approval of the city building official. All such work shall be planned and
executed so that no injury shall occur to any house sewer or drain connected
therewith.
(Ord. of 1- 18 -49, § 13)
Section 30.02.05 Sewer tapping charge.
A. Except as herein provided, the following charge shall be assessed and collected
by the city for sewer taps or services:
1. Minimum fee for the location of sewer stub or any connections to sewer
system $ 150.00
2. Four -inch sewer tap $ 550.00
B. A six -inch or larger sewer tap is required to be made at a manhole only. If a
manhole does not exist, customer is required to pay the actual cost of the manhole
installation.
C. Any tap requiring a bore or tunnel under a state or federal highway shall be
made at cost, except that the City will share one -half of the cost of up to three
hundred (300) feet of the line including the bore or tunnels.
D. All other sewer taps and special sewer connections shall be made at actual cost
as determined by the director of public works or his designee.
(Ord. No. 80 -68; Ord. No. 82 -6; Ord. No. 83 -51; Ord. No. 89 -23; Ord. No. 90 -21)
(93 -27, Amended, 09/21/1993
Section 30.02.06 Control and interference with meters.
In some circumstances, the city may install a meter to monitor wastewater discharged into
the city's sewer system. It shall be unlawful for any person, other than those authorized by
the city, to disconnect, connect or remove any tap or meter, turn off and on the valve or
fixture provided to control or measure the flow without prior consent of the city. It is
specifically provided that all sewer meters turned off for nonpayment of account shall not
thereafter be turned on by any person other than an employee of the City of Huntsville and
it shall be unlawful for any person not a city employee to turn on a disconnected sewer
meter. Upon the trial of any cause for which a violation of this section is charged, proof
that the person charged is the person in whose name said water meter is listed in official
city records or the occupant of the premises obtaining sewer service through such meter,
shall be prima facie proof of the violation of said section by the person so charged.
(99 -25, Added, 09/21/1999)
Section 30.02.07 Meters -- Testing for accuracy.
A. Customers to whom sewer service is furnished through a meter shall have the right to
demand that any meter be tested for accuracy and when any customer wishes such test
made, he /she shall deposit with the manager of utilities the sum of seventy -five dollars
($75.00) for each meter desired
tested. The manager of utilities shall cause such meter to be tested under normal testing
procedures and notify the customer in writing of the results of such test.
B. If any such meter upon such test be found to be inaccurate, the deposit for making such
test shall be returned to the customer and a deduction from the customer's bill of the
proportionate amount the bill was increased by the amount of over - registration as indicated
by said test from the date complaint was first made by the customer that such meter was
over - registering the wastewater flow but not for a period of time in excess of three (3)
months.
C. If upon such test, the meter is found accurate or if such test reveals that said meter has
under - registered the amount of wastewater flow, such deposit shall be forfeited to the city
for the cost of making such test and the customer shall be charged for such under -usage
and said customer's sewer
bills recalculated for the preceding three -month period, and if the cost of making the rest
exceeds the seventy -five dollar ($75.00) deposit above provided, the customer shall be
charged for the amount of such excess, such charge to appear on the next monthly billing
for sewer charges to such customer.
(99 -25, Added, 09/21/1999)
Section 30.02.08 Replacement of meter; charges therefor.
The utility billing supervisor shall charge a sewer customer fifty dollars ($50.00) per
occurrence for either replacing a sewer meter lock broken by abuse, cutting or other
misuse not by the city; removing or replacing a sewer meter due to discontinuance of
sewer service for nonpayment of bill; or for replacing a sewer meter head not removed by
the city.
(99 -25, Added, 09/21/1999)
ORDINANCE NO. 2007 -28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS ADOPTING MODIFICATIONS TO TITLES 30
AND 33 OF THE HUNTSVILLE CODE OF ORDINANCES; PROVIDING
FOR THE SAFETY AND HEALTH FOR THE CITIZENS OF
HUNTSVILLE; PROVIDING A PENALTY FOR VIOLATION;
CONTAINING A SEVERABILITY CLAUSE, AND A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, AND AN EFFECTIVE
DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, the City of Huntsville, a home rule municipality, is authorized
by Charter to adopt and implement necessary and reasonable ordinances in the
best interests of its citizenry; and
WHEREAS, it is the desire of the City Council of the City of Huntsville,
Texas that the City provide necessary facilities to insure the health and safety of
its citizens and to adopt rules and regulations setting forth requirements for the
operation and maintenance of said facilities; and
WHEREAS, the City council of the City of Huntsville finds the provisions of
this ordinance set forth below are necessary to protect the health, safety, and
welfare of its citizens and the public, and said rules and regulations are
reasonable;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Huntsville, Texas that from and after the Effective Date of this Ordinance:
Section 1. Section 33.02.01, "Discharge to public sewers prohibited," of the City
of Huntsville, Texas, Code of Ordinances is hereby revised and amended as
follows:
Subsections B.9 and B.18 are deleted. The numbering of the subsections
B.1 through B.19 are hereby renumbered to appropriately adjust for the
aforesaid deletions.
Section 2. Section 33.02.07, "Discharge of hauled wastes by truck, rail, or
dedicated pipeline," is hereby amended to read:
No person shall discharge wastes, including any liquid, solid or septic tank
wastes which are generated at commercial or industrial facilities, to the
sanitary sewer by means other than a permanent sewer connection to the
public sewer system and in accordance with the provisions contained in
Titles 30 and 30. This includes wastes that are transported via truck, rail,
or any other transportation means. Further, the discharge of hazardous
wastes (defined in Section 1004 of the Resource Conservation and
Recovery Act) into a pipeline connected to a public sewer, which is
dedicated to only the discharge of hazardous waste, is prohibited.
Section 3. A new section, 30.02.09, to be entitled "Regulation of Hauled
Wastes," is hereby added as follows:
30.02.09 Regulation of Hauled Wastes
A. Discharge of Hauled Waste
1. No person shall discharge or cause to be discharged to any public
sewer, or to any public sewer facility, or to any private sewer tributary to any
public sewer, any water and /or waste which has been removed and transported
from any residential septic tank or aerobic system settling tank except as
authorized by this ordinance. Such water and /or waste is hereinafter referred to
in this ordinance as hauled waste.
2. Under no circumstance may hauled waste which is hazardous
waste, as defined in 40 CFR 261, be discharged to City of Huntsville
facilities.
B. Waste Transporter Authorization
Only City of Huntsville authorized waste transporters may discharge hauled
waste at city facilities.
1. Any person wishing to obtain authorization to discharge hauled waste
shall submit a Waste Transporter Identification application on a form provided by
the city complete with all supplementary information as specified on the
application form and in this section. If approved, the applicant will be assigned a
Waste Transporter Identification Number. The following supplementary
information shall be included with the application:
(a) Proof of comprehensive general liability and auto liability insurance
which includes the city as an additional insured and includes provisions for
informing the city ten days prior to the time of policy cancellations or renewals.
Applicants shall maintain general liability insurance and automobile liability
insurance in such amounts as the city may, from time to time, deem appropriate.
(b) A list of the vehicles applicant has in service for transportation of
liquid waste. The list shall include the make and model, the state of registration,
the state vehicle license number and the tank volume, in gallons, for each vehicle
operated.
(c) Proof that waste transporter vehicles which are to discharge at city
facilities are in compliance with all applicable State of Texas, City of Huntsville
and /or Walker County laws and regulations applicable to waste transporters
within the jurisdictions within which applicant operates. Waste transporters shall
provide a Texas Commission on Environmental Quality (TCEQ) Permit Number
for each vehicle to be operated.
(d) Volumes and types of waste transported each year for the last three
years. A new business shall submit an estimate of volumes for the first year.
2. Any person who has been granted authorization to discharge
hauled waste at city facilities shall annually provide proof to the Director of
continued liability insurance and proof of continued compliance with applicable
State of Texas, City of Huntsville and /or Walker County laws and regulations.
3. The city may rescind a transporter's authorization to discharge
hauled waste if the transporter is found to be in violation of the provisions of
this ordinance or other city ordinances.
C. Waste Discharge Location
1. Any hauled waste which is acceptable to the city may be discharged
only at the city's Hauled Waste Receiving Station located at:
Robinson Creek Wastewater Treatment Plant
4440 FM 1374
Huntsville, Texas
Hauled waste may be discharged at this location only between the hours of 7:30
AM and 3:30 PM, Monday through Friday, excluding holidays.
2. Under emergency conditions, as determined by the Director, hauled
waste may be discharged at such alternate locations and under such
conditions as the Director determines are appropriate.
D. Hauled Waste Receipts and Samples
1. No person shall discharge or cause to be discharged hauled waste
without presenting a completed Hauled Waste Receipt form to the receiving
station attendant at the time of discharge. The Hauled Waste Receipt shall be on
a form provided by the city and shall fully identify, to the satisfaction of the
attendant, the source and nature of the waste.
2. Hauled waste subject to the prior approval provisions of
Section B of this ordinance may be discharged only upon verification by
the attendant that such prior approval has been granted.
3. A sample of each Toad of hauled waste to be discharged shall be
collected by the receiving station attendant and appropriate screening analyses
performed prior to discharge being allowed. The sample will be retained and
submitted to the city's Environmental Services laboratory for such further
analyses as deemed necessary to determine its compliance with the
requirements of the city 's sewer use ordinance and applicable local, state and
federal regulations. In the event this hauled waste is found to be in violation of
said ordinance or regulations, approval to discharge this water or waste to city
facilities may be revoked and any damages incurred by the city will be charged to
the person discharging said water or waste.
E. Conditions of Discharge
Any person granted authorization under Section B to discharge hauled waste
at the point designated herein and in possession of proper Hauled Waste
Receipts assents to the conditions hereinafter stated and agrees to be bound
by his conditional obligations and duties, to wit:
1. The transporter will comply with all city regulations and follow the
directions of city employees while on city premises.
2. The transporter agrees to indemnify and to save the city harmless
from any and all damage and expenses which may be suffered by it by reason of
any or all of his acts done on its premises, including but not as a limitation, the
discharge of the aforesaid hauled waste which violates any standard or
standards of the city's sewer use ordinance.
3. The transporter will, in the event of spills or leakage of hauled waste
on the city's premises, as a result of his acts or faulty equipment, appropriately
clean, to the satisfaction of the attendant on duty, the area involved.
F. Refusal of Waste
The city has the right to refuse to accept the discharge of any hauled waste
brought to the Hauled Waste Receiving Station if, in the opinion of the attendant
on duty, based on a review of the Hauled Waste Receipt form, city records and
the screening analyses:
1. The waste does not meet the conditions under which a prior approval
was granted, or
2.The waste could cause operational and maintenance problems, be
detrimental to the health of city employees or cause violations of the city NPDES
Permit or any other City, State or Federal environmental laws and regulations.
G. Discharge at Other Locations Unlawful
The discharge of hauled waste into any city facility, manhole or other location not
approved for such discharge shall be considered unlawful and the person
responsible for such discharge shall be deemed guilty of a Class C
misdemeanor.
H. Fees for Discharge of Hauled Waste
Waste Transporters shall pay a fee established by the city for hauled waste
discharged pursuant to this ordinance. The fee for each discharge will be
calculated based upon the full volume of the transport vehicle. Waste
transporters will be billed by the city monthly.
1. Charge for Late Payment
If any charges billed are not paid by the due date indicated on any bill rendered,
then an additional late payment charge, based on the percentage established
by ordinance for late payments of wastewater user charges, is hereby imposed
for each month or portion thereof the bill remains unpaid beyond the due date.
J. Termination of Service for Nonpayment
When any waste transporter monthly charge has not been paid and has been
delinquent for more than fifteen days after the due date, then the city may refuse
to accept any further waste discharges from that transporter.
SECTION 4: If any portion of this Ordinance shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof.
SECTION 5: All ordinances, parts of ordinances, rules and regulations in conflict
with the provisions of this Ordinance are hereby resealed.
SECTION 6: This Ordinance shall t
sed and Approved by the C Q ncil of the City of Huntsville, Texas on this
the 4th day of September, 2007.
e effect October 1, 2007.
Danna Welter, City Secretary
Approved as to F . r :
Tomas A.
• 1L I l
C': y Attorney
ner, ayor