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ORD 2008-13 - Amend Code of Ordinances Title 30 Operation & Maint for Sewer 03-20-2008ORDINANCE NO. 2008 -13 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 SEVERABILITY 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 the operation and maintenance of the Huntsville Sewer Collection System shall conform to the following rules and regulations in Exhibit "A" attached hereto and incorporated verbatim, which shall be a new part 30.02. IT IS FURTHER ORDAINED that Section 30.03.05.e is amended and restated as set forth in Exhibit "B" attached hereto and incorporated verbatim. 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, T,�this th�4ay of April 2008 J. teph Brim, City Secretary Appr ed as to Form - Thomas A. Lee p Cit Attorney Exhibit "A" 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 /1). 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. Director shall mean a department head or his/her designated employee authorized by the City Manager of the City of Huntsville and bearing proper credentials and identification 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. Failure shall mean cost of repair is greater than 51 % of the cost of the asset. 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 Exhibit "A" 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. On Site Sewer Facility (OSSF) shall mean an existing sewer facility such as a septic tank or aerated sewage disposal system. 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. pH 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, which contributes, causes or permits the contribution or discharge of wastewater into the Exhibit "A" 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 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 Exhibit "A" 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 with a functioning OSSF may continue to use the OSSF as long as it is maintained correctly and operating normally. 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 connect such building with the sewer in such a manner as the City may require upon failure of existing OSSF within 90 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 Exhibit "A" restrictions as are established in this ordinance and /or any other ordinance or the City's industrial pretreatment program and /or as established in the International Property Maintenance Code, Chapter b. 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 30.02.03.03 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 Exhibit "A" 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 and other appurtenance shall be in compliance with standards approved by the City Engineer and for Building Official. 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. Exhibit "A" 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 Director of Public Utilities or his or her designee 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. Exhibit "A" Section 30.02.05 Rules and Regulations Governing Building and Sewer and Connection to Sewers Section 30.02.05.09 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 Calf" system required by Texas law and shall promptly and safely at the Exhibit "A" 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 Exhibit "A" 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, TSS, FOG, pH, or other pollutant levels established by the City of Huntsville; or (C) If there is a history of non - compliance. Exhibit "A" 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) ofthe facility where the waste was deposited; Exhibit "A" (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 three 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 two 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 City of Huntsville 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. 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 for the purpose of allowing the grease to pass from the trap into the collection system. 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 may be an affirmative defense to an enforcement action that the use of surfactants or soaps is incidental to normal kitchen hygiene operations, when used solely for that purpose. 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 Exhibit °A" 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 Right of Entry, Inspection, and Sampling Section 30.02.08.01 The director shall have the right to enter the premises of any user to determine whether the user is complying with all requirements of this title. Users shall allow the director ready access to all parts of the premises for the purposes of inspection, sampling, record examination and copying, and the performance of any additional duties pertinent to discharge to the City sewer system, and write citations as necessary. Section 30.02.09 Penalties Section 30.02.09.01 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 30.02.09.02 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 30.02.09.03 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; Exhibit "A" 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 30.02.09.04 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 30.02.10 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. Exhibit "B" Existing: e. Every applicant applying for new service who previously has been a city utility customer and whose service was discontinued for non - payment of bills or has terminated service without paying a bill shall be required to pay all amounts due to the city as a condition of obtaining new service. Proposed: e. Every applicant applying for new service who is or previously has been a city utility customer and whose service was discontinued for non - payment of bills or has terminated service without paying a bill or is delinquent in paying a bill shall be required to pay all amounts due to the city as a condition of obtaining new service. Utility service includes anyone or more of water service, sewer service, and refuse and garbage collection service.