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Ordinance 2000-03 CITY OF WYLIE, TEXAS ORDINANCE NO. to-:.~3 AN ORDINANCE AMENDING ORDINANCE NOS. 92-6, 96-14 AND 96-22 OF THE CITY OF WYLIE, TEXAS IN REGARD TO REGULATIONS FOR THE DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS IN WYLIE; REGULATING THE DISCHARGE OF HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES INTO THE SANITARY SEWER OF THE CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY fOR THE VIOLATION OF TillS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDTNG FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas C"City Council") has previously adopted Ordinance No. 92-6 of the City of Wylie, Texas ("Wylie"), which has been amended by Wylie Ordinance ~os. 96-14 and 96-22, establishing regulations for the disposal of sewage and the use ofpuhlic sewers, regulations for the discharge of industrial wastes into the sanitary sewer of Wylie, regulations o[ unsewered and miscellaneous discharges and providing for a permit system with denial, suspension, revocation and an appeal process. WHEREAS, the City Council has investigated and determined that it would be in the best interests of Wylie and its inhabitants to amend the limitation of hazardous metals and chemical or toxic substances discharged into the sewer system of Wylie under Ordinance No. 92-6 of Wylie, as amended by Ordinance Nos. 96-14 and 96-22; and WHEREAS, the City Council finds that it is in the best interest of Wylie and its inhabitants to amend Wylie Ordinance Nos. 92-6 (Se(,1ion 3(A)( 1)),96-14 (Section 1) and 96-22 (Section 1) as provided herein. , . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings. The findings set forth above are incorporated iuto the body of this Ordinance as if fully set forth herein. ;> :v OlU)J:'<4'\jCE A."Ii:!\OJl\G WV1.1E OKDINAN('( NOS. 92-6, 96-14 4ND 96.22 RECAJU>ING RE(;tJLATlOSS FOR THE DISPOSAL OF SF:WAG€ ~D USE OF PIISI.1C SEWERS -I'ase I J :\Illb.:lll:4\wyIIC\wwhil.:.tl1l:hlOo'lOrd/2/1 S100 SECTION 2: Amendments to Wylie Ordinance Nos. 92-6. 96-14 and 96-22. Wylie Ordinance Nos. 92-6 (Section 3(A)( 1 )),96-14 (Section 1) and 96-22 (Section 1) are hereby amended to read as follows: HAZARDOUS MET AtS AND CHEMICAL OR TOXIC SUBSTANCES. A) It shall be unlawful to discharge into the sewer system any hazardous metals and chemical or toxic substances in excess of the following conc~ntration limits: I) The following heavy metals and toxic materials in the fonn of compounds or elements in solution or suspension in concentrations exceeding these limits: PARAMETER MONTHLY AVERAGE LIMiT IN mgl1 Arsenic (Total) Cadmium (Total) Chromium (Total) Copper (Total) Cyanide (Total) Lead (Total) Mercury (Total) Nickel (Total) Silver (Total) Zinc (Total) *Biochemicaloxygen demand (BOD) *Total suspended solid (TSS) * Ammonia (NH3) 0.89 0.12 0.84 1.74 0.21 0,53 0.002 2.12 0.40 2.83 1,995 2,717 52 *Maximum Daily Average Limit For purposes of this section, the maximum daily average limit includes any consecutive 24-hour period. SECTION 3; Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Wylie Ordinance No. 92-6, or as amended, shall be deemed guilty of a misdemeanor. and upon conviction thereof shall be fined a sum not exceeding Two Thousand :'" OR1)JNANCE A.\U:SIlI~(; WYLIE ORIlIN;\NCE NOS. 92-6, 9c;.14 AND 91>>-22 RF.:(;AlWING REGlll."TIO~S FOR THf: lJlSl'OSAL Of' SF.:WACE A."'D llSli: Of PUBLIC SEWIi:RS - I'utd ,. \m/lOlt 4 \wyl ic\wwhu.Al'<:c hCn'lUnJ/2/15IO(I Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filIng suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Wylie Ordinance No. 92-6 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation ofthe repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SEcrrON 5: Severability. Should any section. subsection. sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shaU become effective from and after its adoption and publication as required by the City Charter and by law. ()1{PJ''lA.'ICE AMEI\PIl\G WYLIE ORDINANl'F NOS. 91-6., 96-14 AND 9~-Z:Z ~f.GARDlNG REGlII.4TIONS FOR 'l'Hf DISPOSAl. OF SJ,;WACE ASO llSJ;: OF rUHLlC SEWERS -I'ssc 3 I: \mbvlt4\wyl io\wwhaurd\:hcfT"AJrd/:!/ J 5/00 - DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CTTY OF WYLrE, TBXAS on this l.!!.- day ~ __ 2000. ATTESTED TO AND CORRECTLY RECO i/Q)A ~. ~~ APPROVED AS TO FORM: RICHARD M. ABERNATHY ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. City Attorneys Date of Publication: _e. 23' rn __._' in the _v..yL.-lE'" ~~S l' ORPI"IA.'lj{"t; A.'IF:NPIl\G WtLlt OI\P1NANCE NOS. 92.6,96-1" ANI> 96.%% RF.(;"RI>I~G REGlIl.ATIONS FOR THE OI!iit'OSAL OF Sf;WACE AND llSr. ()fo" PUBLIC SEWEKS . ~Oll': 4 I :\1l11l\1~4\wylic\wwh:llardchcmorJl2l15/00