ORD 2007-28 - Amend Titles 30, Water and Sewer & 33, Industrial Wastewater 09-04-2007ORDINANCE 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
13.1 through 8.19 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 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.
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 October 1, 2007.
Passed and Approved by the City Council of the City of Huntsville, Texas on this
the 4th day of September, 2007. n A- \
Att
Danna Welter, City Secretary
9