Loading...
Ordinance 1970-15 ORDINANCE No.7tJ- IS AN ORDINANCE REGUL.l....TING TEE DISCHARGE OF INDUSTR~AL WASTES INTO PUBLIC SEWERS OF THE CITY OF LUU1U-, I .:Ji1/A v PROMULGATING REGULATIONS AND ES'I'ABLIS:-IING CHARGES FOR SZR- VICES RENDERED, PROVIDING FC~, A PENALTY OF NOT MORE THA~ TWO HUNDRED ($200,00) DOLLARS i;'OR EACH VIOLA':2ION THEREOF, REPEALING ALL CONFLICTING ORiJINANCES, PROVIDING A SEVERABIL- ITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City o{ tv J;u, Texas has provided facilitie S :or the collection and treatment of sewage to promote the health, safety and con- venience of its people and for the safeguarding of water resources comrr~on to all, and WHEREAS, provision has been ,.'lade in the dc:sigr., construction, and operation of su.ch facilities to accommodate certain types and qu.antitics of industrial wastes in excess of, and in addition to, normal sewage, and WHEREAS, it is the obligation of Lhe producers of indu.s~ria~ wastes to defray the cost of the waste treatn:lcnt services rende:,,'ed by the City of ev.' flLL in linear proportion to the cost of the waste trea;;:ment facilitie s anditf the operation and maintenance costs, utilized in treating the indu.strial wastes, and WEEREAS, proper protection and operation of the collection and treatrr...ent facilities may require eithe:;.- the excluding, pretreatment, or con- trolled discharge at point of origin of certain types or quantities of industrial wastes, NOW, TI-IE,REFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE C7..TY OF W j Ii e o~~. and c..iter the passage of this Ordinance, any person, iirm or corporation seeking approval to discharge industrial wastes into the public sewers within the corporate limits of the City oi c.U1J...~ :)r within its jurisdiction shall be requ.ired to comply with the requirements of this Ordin- ance before such approval may be granted, to-wit: -1- -.'~..'".""--"~" "-""'-"'~.."'''''''''','''''-''''',"'''.'_V'''~,,,,, ~"___""""__"''''""'''''.'''-_",,~'~~.__~__ CHAPTER 9 INDUSTRIAL WASTES 3 Definition of Terms 9 Admission of Industrial Wastes into Public Sewers 13 Prohibitive Discharges 18 Control of Admissable Wastes 20 Protection from Damage 21 Powers and Authority of Enforcing Agents 23 Industrial Waste Surcharges 25 Billing 26 Penalty for Failure to Pay Bills and/or Repeated Discharge of ProAibited Waste to Public Sewer 27 Penalities 28 Hearing Board 29 All Conflicting Ordinances Repealed 29 Severability 2q Effective Date -2- ,. ." CHAIY:'ER . INDUSTRIAL .,'TASTES DEFINITION OF TERMS For the purpose of interpreting this ordinance, certain words used herein are deiined as follows: 1. SHALL - The word "shall" wherever used in this ordinance will be interpreted in its mandatory sense; "may" is permissive. 2. CITY - The word "City" shall be the City of together with all its governing and operating bodies. 3. CITY COUNCIL - Thewords"City Council" shall be the duly elected governing body of the City of 4. ADMINISTRATIVE OFFICERS - Any office referred to in -chis ordinance by title, i. e., City Manager, City Attorney, City Secretary, City Engineer, Director of Public Works, etc., shall be the person so retained in'this position by the City, or d.uly authorized representative. 6. ENGINEER - The word "Engineer" shall be the City Engineer of the Ci ty of W ~l J...u...; the City's Cons'ulting Engineer, or their duly authorized representatives. 7. PERSON - The word "Person" shall mean any and all persons, natural or artificial, including any individual, firm, company, industry, municipal or private corporation, association, society, governmental agency or other entente and agents, servants or employees. 8. PERMITTEE - The word "Permittee'l shall rr...ean that pel's,)' applying for a permit to construct a sanitary sewer r...'lai~-~ C.l: :;0 connect to an existing sanitary sewer. -3- 9.. APPROVING AUTHORITY - The words "Approving Authority" shall mean the City El'lgineer (or other official de signated by the City Manager) of the City of WTI.o.-U-' ized deputy, agent or representative. 10. HEARING BOARD - The words "Hearing Board" shall IT..ean or his clul y author- that Board appointed according to the provision of Section Number 11, 11. SEWAGE - The word "sewagell shall mean a combination of wate r - carried waste from re sidence s, busine s s building s, institutions, and industrial establishrnents, together with such ground, surface and storm waters as may be present. 12. DOMESTIC SEWAGE - The words II do:mestic sewa.ge" shall mean water-borne wastes normally discharging fror::-. tr~e sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes. 13. NORMAL DOMESTIC SEWAGE - The words II normal domestic sewage" shall mean normal sewage for the City of in which concentration of suspended materials and five (5) -day 200 C B. O. D. is established at 240 parts per million each, by weight, on the basis of the nor:mal daily contribution 01 twenty hundredths (0.20) pounds per capita, per 100 galla:.;:.. 14. INDUSTRIAL WASTES - The words llindustrial wastes'l s~laL mean all water borne solids, liqu.ids or gaseous wastes r-:.;::;ulting from any industrial, manufacturing or food processing opcl-..:.~iOl: or process, or from the development of any natural reS0urce, or any mixture of the se with water or dome stic sewage a,::; <i~ "'_ tinct frolT.. normal dorne stic sewage. -4- 15. GARBAGE - The word II garbage II shall :mean solid waste 5 ar~d residue from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce. 16. PROPERLY SHREDDED GARBAGE - The words "properly shredded garbagell shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried under the flow con- ditions normally prevailing in public sewers, with no particle . greater than one -half (1/2) inch in any di:rr...ension. 17. SLUG - The wo:(d "slugll shall mean any discharge of wa;;cr, sewage., or industrial waste which in concentration of any given constituent or in quantity of flow exeeds for a:1Y period of duration longer than fifteen (15) minutes more than five (5) tirr'~e s the average twenty-four (24') hour concentration or flows during the normal operation. 18. UNPOLLUTED WATER OR WASTE - The words "unpolluted water or waste" shall mean any water or waste con~z..i.li:'6 none of the following: Free or emu.lsified grease or o~~; acid or al- kali; phenols, or other substances imparting taste and odor :":1 receiving water; toxic poisonous substances in suspension, colloidal state or solution; and noxious or odorous gasses, It ':5ha11 contain not rr...ore than ten (10) parts per million eacll 01 suspended solids and B. O. D. The color shall not exceed fifty (50) parts per rnillion. 19. SEWER - The word II sewer" shall mean a pipe or conduit ;.L" carrying sanitary sewage. 20. PUBLIC SEWER - The words Ilpublic sewer" shall rnean ~ sewer in which all owners of abutting properties shall have equal rights and is ,-ontrolled by public authority. -5- 21. SANITARY SEWER - T~le words "sanitary sewerll shall mean a f:ewer which carrie s sewage and to which storm, surface and ground waters are not intentionally admitted. 22. SEWAGE WORKS - The words II sewage works" shall mean all facilities for collecting, pumping, treating and disposing of sewage. 23. SEWAGE TREATMENT PLANT - The words "sewage treatment . plant" shall mean any arrangement of devices and structures used for treating sewage. 24. STORM SEWER OR STORM DRAIN - The words Ilstorm sewer . or storm drain" shall mean a sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial waste s. 25. STORM WATER RUN-OFF - The words "storm water run-off" shall mean that portion of the rainfall that is drained into the storm sewers. 26. SEWERAGE - The word" sewerc.. ii shall :mean the system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes, 27. BUILDING DRAIN - The words "building drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drain- age pipes inside the walls of the building and conveys to the building sewer beginning three (3) feet outside the inner face of the building wall. 28. BUILDING SEWER - The words "building sewer!1 .shall IT.Co.:: the extension from the building drain to the sewer or Oi:hcr p.i.:::..cc for disposal. I -0- , II 29. NATURAL OUTLET - The words "natural outletl! shall rr~ean any outlet into a ,watercourse, pond, ditch. lake or other body of surface or ground water. 30. WATERCOURSE - The word "waterco'urse" shall mean a channel in which a flow of water occurs, either continuously or inter:mittently. 31. PARTS PER MILLION - The words "parts per :millionll shall mean a weight to weight ratio; the parts per million value multiplied by the factor 8. 345 shall be equ.ivalent to pounds per million gallons of wate r. 32. pH - The letters "pH" shall m.ean the logarithm (base 10) of the reciprocal of the hydrogen ion concentration of a solution. It shall be determined by one of the procedures outlined in " Standa rd Me thod s" . 33. B. O. D. - The letters "B. O. D. II (denoting biochemical . oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic :matter under standard l.:lboratory procedure in five (5) days at 200 C, expressed in parts per million. The laboratory dete r:mination shall be made in accordance with the procedures set forth in IIStandard Methodsll. 34. SUSPENDED SOLIDS - The words "suspended solids" shall mean solids that either float on the surface of, or are in sus- pension in, water, sewage, or other liquids, and which are re:movable by laboratory filtering. Quantitative determination of su.spended solids shall be made in accordance with proccc~ur~ s set forth in "Standard Methods". 35. STANDARD METHODS - The words "Standard Methoc:s" s.13.11 :rr~ean the examination and analytical procedure s set 10:'th ~:'. ,.....; latest edition, at the tirr...e of analysis of "Standard M~"hod", -7- for the Examination of Water and Wastewater'l as prcpa::.-cc;, approved and published joir.tly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. 36. SEWER SERVICE CHARGE - The words "sewer service charge" shall mean the charge made on all users of the public sewerage system whose wastes do not exceed in strength the 'concentration values established as representative of normal sewage. 37. SURCHARGE - The word "surcharge" shall mean the charge in addition to th~ published water and sewer rates. The basis for surcharges on industrial wastes is a capital and operating cost for suspended solids, B. O. D. and chlorine demand exceeding "normal" sewage. -8- ADMISSION OF INDUSTRIAL WASTES INTO PUBLIC SEWER (A) Approval Required - Review and acceptance of the Approving Authority shall be obtained prior to the .discharge into the public sewers of any wastes and waters having the following: (1) A 5 day 200 Centigrade bioche:mical oxygen demand (B. O. D. ) greater than 240 ppm (parts per million). (2) Suspended solids content greater than 240 ppm. (3) Chlorine demand greater than 5 ppm. (B) Pretreatment - Where required, in the opinion of the Approving . Authority, to modify or eli:minate wastes that are har:mful to the structures, process or operation of the sewage disposal works, the Person shall provide, at his expense, such prelirninary treatrr~ent or processing facilities as rr~aybe determined necessary to render his wastes acceptable for admission to the public sewer. (C) Submission of Information - Design calculations, plans, specifications and other pertinent information relating to proposed industrial waste pretreatment or processing facilities shall be submitted for approval or disapproval by the Approving Au.thority prior to start of their construction, if the effluent from such facilities is to be discharged into the public sewers. The following industrial sewer conne ction Application shall be fully completed and sub:mitted to the Approving Adhority. The Permittee shall not connect to the public sewer withou.t prior approval by the Approving Authority of thc Pc rrn,ittco:.: I s Industrial Sewer Connection Application. It shall be the i."csponsibility of the Permittee to file an ammendment for approval to the pernut thirty (30) days prior to the change of any item of informc..tion on d:c pc rrr~it. Failure to maintain the permit as an accurate rep:;.'c 5c"-:..;:.,:i0:, of the Permittee's waste discharge s to public sewers shall bc c;.;.'-;:;.... for penalty. -9- (D) Pre -Application Conference - PriOlo to :"l.1ing an Industrial Sewer Connection Application, the Permittee shall consult with the Approving Authority or his dilly authorized representative concerning the types, concentration and vol'u:mes of industrial waste s proposed for dis- charge. Conditional approval as to the general requ.irements must be obtained from the Approving Authority prior to preparation of the Industrial Sewer Connection Application. . -10- INDUSTRIAL SEWER CONNECTION APPLICATION To the City of Wylie The undersigned being the of the pr~perty (Permittee) located at does hereby requ.est a permit to (Install, Use) an industrial sewer connection serving the (Name of Company) which company is engaged in at said location. 1. A plat of the property showing accurately all sewers and drains (Exhibit A). 2. A complete schedule of all process waters and raw industrial waste produced or expected to be produced before pretreatment (if any) at said property, including a description of the character of each waste, the daily volu:me andmaxi:mum rate of discharge and representative analysis of the raw waste (Exhibit B). . 3. Plans and specifications covering all pretreatment facilities for waste treatment proposed to be performed on the waste under this permit with a full description (laboratory analysis) of the character of the waste to be discharged to the public sewer, daily volume andmaxirnu.rn rate of discharge to the public sewer (Exhibit C). . 4. Plans and specifications of the grease, oil and sand interceptor and control :manhole (Exhibit D). 5. To operate and maintain any waste pretreatment facilities as :rl'~'::"Y b0 required or a condition of the acceptance into the public S0we r 01 "1,..... ~ I........\;; industrial wastes involved, in an efficient manner at all ti~j,les, '::":16. at no expense to the City. -11- 6. To cooperate with the Approving Authority and his representatives . in their inspecting, sampling, and study of the industrial wastes and any facilities providing pretreatment. 7. To notify the Approving Authority immediately in the event of any accident, negligence or other occurance that occasions discharge to the public sewerage system any was~es or process waters not covered by this Per:mit. 8. To accept and abide by all provisions of Ordinance No. of the City of Wylie' Texas, and of all pertinent ordinances or regu.lations that may be adopted in the future. 9. To accept and pay when billed the sewer service charge and industrial wastes surcharge which is over and above the pu.b- lished water and sewer rates as set forth in Ordinance No. Date Si gned (Permittee) (Address) $ Connection Fee Paid Atte sted: Date Application Approvcd and Pcrmit Granted: Date Signed (Approving Authority) -12- PROHIBITIVE DISCHARGES (A) KoPerson shall dischargc or cause to be discharged any storm water, ground water, roof run-off, sub-surface drainage, down spouts, yard drains, yard fountain and ponds or lawn sprays into any sanitary sewer. Stor:m water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm, sewers or to a natural outlet approved by the Approving Authority. Unpolluted processed water may be discharged upon prior written approval of the Approving Au.thority to a storm sewer or natural outlet or into the sanitary sewe r system by an indire ct connection whereby such discharge is cooled, if required, and flows into the sanitary sewer at a rate not in excess of three gallons per rr...inute, provided the waste does not contain materials or substances in suspension or solution in violation of the limits pre scribed by thi s Article. In case s where, and in the opinion of the Approving Authority, the character of the sewage from any manufacturer or indu.strial plant building or other premises is such that it will damage the systern or cannot be treated satisfactorily in the system, the Approving Au.chority shall have the right to require such user to dispose of such waste otherwise and prevent it from entering the system. (B) No Person shall discharge or cause to be discharged either directly or indircctly any of the following described su.bstances, materials, waters or waste: 1. P....ny liquid having a temperature higher than 150 G.\:;grees Fahrenheit (65 degrecs Centigrade). 2, Any water or wastc s which contain wax, greasc, 0:" 01i, plastic or othcr o\losL.......ncc c.........L will solicliiy Oi" 0c,-:oc('.,-: (.i~- cernibly viscous at tcrn:"Jcratures bccween 32 'n;g.CCC::' .0 _ :)\> degree s Fahrenheit. -13- 3. Any solids, liquids or gasscs which by tJ:1c:msclvcs or by interaction with othcr substances may cause fire or expolsion hazards, or in any other way be injurious to persons, prop- erty, or the operator of the sewage works. 4. Any solids, slurries or viscous substances of such character as to be capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, :metal, glas s, rags, feathers, tar, plastics, wood, whole blood, paunch manure, hair and fleshlings, entrails, lime slurry, lime residues, slops, chemical residues, paint residues, or bulk solids. 5. Any garbage that has not been properly comminuted or shredded. If properly comminuted or shredded, then it may be accepted under provisions established in 6. Any noxious or :malodorous substance; which either singly or by interaction with other substances is capable of causing objectionable odors, or hazard to life; or forms solids or creates any other condition deleterious to structures or treatment processes; or requires unusual provisions, alter- ation, or expense to handle such materials. 7. Any waters or wastes having a pH lower than 5.5 or higher than or having any corrosive property capable of causing damage or 'hazards to structures, equ.ip:ment, or personnel of the sewage works, 8. Any wastes or waters containing suspended or dissolved solids of such character and quantity that unusual :::.Uentio.... or expense is required to handle such :materials at the scwz,.,;c treatment or in the public sewage works. -14- 10. 11. 12. 13. 1 L!. - ~. C" :' 111:1/'1 5 , c/ I ;/!:J n,:;iI . .., , ~, '~ t~. 16. 17. 18. 19. '-'''' 20. 21. 22. .. 9. Any waters or wastes contQ.liling a toxic or poisonou.s su.b- stance su.ch as plating or heat treating wastes in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to hu.:mans or anirnals, or to create any hazard in the receiving waters or the sewage treat- ment plant. Any cyanide greater than 1. 0 part per million, as eN. A:ny hexavalent chromium greater than 2.0 parts per million. Any trivalent chromiu.m greater than 5.0 parts per million. Any copper greater f';~{,~ I. 0 part per million. Any nickel greater than 1.0 part per million. ./ Any cadmium greater than' 1. o part per million, Any zinc greater than 1. 0 part per million. Any phenols greater than 0.005 parts per million. Any iron greater than 2.0 parts p~rmillion. Any tin greater than 1. 0 part per :million. Any barium greate r than 1. 0 part per million. Any lead greater tha~!ll part per million. '--~-- " Any silver greater than). 0 part per million. 23. Any chlorides greater than 250. 0 parts per million. /~ ( 23) \__./" <'I Any radioactivity as radium -226 and strontiu.m -90 greater than 3 }l)J.c per liter and 10 }l)J.c per liter respectively. In the known absence of strontium -90 and alphi:\. emitLc t"::i the known concentration shall not be greater than 1,000 J..lF(; per liter. (C) Except in qu.antities, or concentrations, or with provisions as stipL.- 1aLed herein, it shall be unlawful for any Person, corporation or ir.dividu2.l, to discharge waters or wastes to the sanitary S02WC;.' containing the following: -15- (e) Unusual flow and concentration shall be pretreated to a co,~centration acce~, c.ble to the City, if such wastes can (1) cause damage to collection facilities, (2) impair the processes, (3) incur treatment cost exceeding those of normal sewage, or (4) render the water unfit for stream disposal. Where discharge of such wastes to the sanitary sewer are not properly pretreated or otherwise corrected, the Approving Authority shall reject the wastes or terminate the service of water and/ or sanitary sewer. -17- CONTROL OF ADWilSSABLE WASTES (A) Within sixty (60) days from the date of passage of this Ordinance, any Per son de siring to deposit or di scharge any indu.strial wast e into the pu.blic sewers 'If the City of 'Jj7l~ or any sewer conne.cted therewith, or who is now so doing, shall make application to the Approving Authority for a permit therefore upon applicati.on fortr...s to be obtained from the City. (B) Grease, oil and sand interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any fla:mable wastes, sand and other har:tT...fu.l ingredients; except that such interceptors shall not be required for private living qu.arters or dwellings. All interceptors shall be of a type and capacity approved by the Approving Authority and shall be located as to be readily and easily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, water tight and equipped with easily removable covers which, when bolted in place, shall be gas tight and water tight. Grease, oil and sand interceptors shall be main- taincd by the Pcr:miLtce, i:l.t hi:l.s expense, in continuously eHicicnt ope ration at all times. (C) Within sixty (60) days from the date of passage of this Ordinance, any Person discharging or desiring to discharge an industrial w.).ste rnixture into the public sewers of C.t:Ji,-~.v er any sewer ,-'onn~ctcci therewith, shall provide and maintain in a suitable acce ssibl.:::: posi::ion on the l:lcrmittee's pre.mises, or such pre:mises occupied by hie"1, an inspection chamber or atT...anhole near the outlet of each sew~r, ,~;".).i;1, pipe, channel, or connccLion which communicates with the s,;w,~ L" Ul" sewer works of the City or any sewer connected therewith. E~..c:. -18- su.ch manhole or inspection chamber shall be of such design and co.J.- struction which will prevent infiltration by ground and surface waters and be filtered by screens with a :maximu:m opening of one inch but sufficient fineness to prevent the entrance of objectionable slugs of solids to the sanitary sewer system, and shall be so maintained by the person discharging wastes so that any authorized rep,resentative or employee of the City may readily and safely measure the volume and obtain sa:mples of the flow at all ti:mes. Plans for construction of the control manholes, or inspection chambers, including such flow measuring devices as may be required, shall be included with the Indus- trial Sewer Connection Application. (E) Sampling of the effluent of waste discharges rn.ay be accomplished . :rr~anually or by use of :mechanical equipment to obtain a composite sample which would be representative of the total effluent. Samples shall be taken at six (6) month intervals to establish the B. O. D. , suspended solids and chlorine demand of the industrial waste lor billing purposes, or at such intervals as deter:mined by the Approving Authority as necessary to :maintain a control over the discharge s frorn. the Permittee. The :method used in the exa:mination of all industrial wastes to determine B. O. D., suspended solids, chlorine demand and prohibited wastes shall be as set forth in "Standard Methodsll. -19- PROTECTION FROM DAMAGE (A) No unauthorized Person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the sewage works. Any Person violating this provision shall be subject to im- mediate arrest under charge of disorderly conduct. . -20'- POWERS fu~D AtYf=-IO~Ir~'y 0"2 ENFORCING AGE:'-;TS (A) The Approving Authority, and other duly authorized employees of the City acting as its duly authorized agent and bearing credentials and identification, shall be permitted to gain access to such p~oper- ties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing, in accordance with provisions of thi s ordinance. The Approving Authority or his repre sentati ve shall have no authority to inquire into any process beyond that point having direct bearing on the kind and source of discharge to the sewer. (B) While performing the necessary work on private properties of para- graph (A) above, the Approving Au.thority or duly authorized employees of the City shall observe all safety rules applicable to the prernises established by the company and the company shall be held harrrJ.ess for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City e:mployees and against liability claims and derrlands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the co:mpany to maintain safe conditions. (C) 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 satisfactory correction thereof. Any Person who shall continue any violation of his Industrial Sewer Connection Application shall be disconn~cLc(: ll'0l1.1. ;.li.~ sanitary sewer and/or water service. Such disconnection and 1'e- connection shall be at the total expense of the industry or SeWel" ",-S~l'. -2.1- (D) Whe:i."e wastes, acids, che:micals or other deliteriou.s substances are released to the sewer causing rapid deterioration of these struc- Lures or intcdcl'ing with th0 proper treatment of I;il..:w;:\.ge, the Approving Authority is ;:\.u.thorized to i:mmediately ter:minate services by. s'Uch rr~eas'Uresas a.re necessary to protect the facilities. .. . -22- INDUSTRIAL WASTE SURCHARGE (A) Persons discharging industrial wastes which exhibit none of the characteristics of wastes prohibited previously other than excessive B. O. D. or suspended solids but having a concentration for a duration of fifteen (15) minutes greater than four (4) times that of "normal" sewage as measured by suspended solids and B. O. D. and/or an average concentration during a normal working day of the Perrnittee's industry of suspended solids or B. O. D. content in excess of "norrnal" sewage as defined in Definitions as "normal" domestic sewage shall be required to pretreat the industrial wastes to meet the require- ments of "normal" sewage; however, such wastes may be accepted for treatment if the following requirements are met: 1. The waste will not cause damage to the collection and treat- :ment facilit~e s. 2. The waste will not irrlpair the treatment process. 3. The donor of the waste enters into an Industrial Sewer Con- nection Application and agrees to pay the sewer service charge and industrial waste surcharge. (B) The donor of the wastes shall enter into an Industrial Sewer Connection Application with the City providing for a surcharge over and above published water and sewer rates. The basis for surcharge on indus- trial wastes is a capital and operating cost of $0. 12 per pa.rt per million per million gallons for the B. O. D. (biochemical oxy~cn demand) and a capital and operating cost of $0. 36 per pari. pcrmii.i.i011 per million gallons for the suspended solids exceeding llnOl",r.al11 sewage. The cost of the chlorination is based on the City';;> -..:on.~".::.(~t cost of chlorine pcr pound i.)cr n'lillion gallons for ca.ch p:..i.r. ..:xc..:-.;ci~;,;,:; -23- . the five (5) parts of IInor:malll sewage. These rates shall continue until changed by action of the City Council. The surcharge . .,.... 5.t.-..u.....l UC calculated for billing purposes with the following for:mula: Revised Formula for Computation of Industrial Surcharge S.C. = V 0.12 (BOD - 240) + 0.06 (SS. - 240) + 8.34 Pc (C-5) Where: s.C. = Surcharge in dollars for time related to volume. V = Volume in million gallons based on metered volume. BOD = BOD 5 day @ 200c of the industrial waste (ppm) SS. = Suspended solids of the indus trial was te Pc = City's contract price of chlorine per pound , C = Chlorine demand of the industrial waste (C) Any Eerson who refuses to comply with or who resists or willfully discharges wastes prohibited from discharge into public sewers, or who refuses to comply with the provisions of this section, shall be scrved by the Approving Authority with a written notice stating the n;:1turc of the violation and providing a rcasonable ti:me lirnit for s;:1tisfactory correction thereof. Any Person who shall continuc any violation beyond the time limt shall be gu.ilty of violation of hi s Industrial Scwer Connection Application and shall be sumn,1.arily disconnected from thc sanitary and/or water service, such discon- ncction and reconnection to be of total expense to the custor::.....cr. Where acids or cherr.icals damaging to sewcr'lines or trC;:1cl11C;1L process are released to thc sew(;r and cause rapid deterioration ~)i these structures or interferes with the proper treatment of sewag-::, the Approving Authority is authorized to immediately ternJ.inatc 3~:.:- vice by such measures as a:.:e necessary to protect the faciliti~s. -24- BILLIN G . (A) Industrial waste surcharge provided for in this Ordinance shall be included as. a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same tirne that the water, sewer and sanitation charges of the person become due arid payment for water and sanitation services shall not be accepted without payrr...ent also of the sewer service charges and industrial waste surcharges. -25- PENALTY FOR FAILURE TO PAY BILLS AND/OR REPEATED DISCHARGE OF PROHIBITED WASTE TO PUBLIC SEWER (A) Failure to. pay monthly bills for water and/or sanitary sewer service when due" or failure to pay the established sewer surcharge for indu.strial waste when due,or repeated discharge of prohibited waste to the sani- tary sewer shall be sufficient cau.se to disconnect any and all services . to the water and/or sanitary sewer :mains of the City of and the same penalties and charge s now or hereafter provided for by the 0 rdinance s of the City of Lv JLv...- for failure to pay the bill for water and sewer service when due shall be applicable in like :rr~anner in cases of failure to pay the established surcharge for in- dustrial waste discharged to the sanitary sewer mains as established herein. -20- PENALTIES (A) Any Fbrson, firm or corporation who shall violate any provisions of this ordinance or who shall fail to comply with any provision hereof shall be guilty of a 'mi sdemeanor and,upon conviction, shall b~ subject to a fine not to exceed two hundred dollars ($200. 00), and each day that such violation continue s shall constitute a separate offense and shall be punished accordingly. (B) Any Person violating any of the provisions of this Ordinance shall become liable to the City for any expense, loss or damage occasioned . by the City by reason of such violation. -27- HEARIN G BOARD (A) A Hearing Board sha.ll be a.ppointed as needed for arbitration of difference s between the Approving Au.thority and Perrn.ittee or sewer user on :matters concerning interpretation and execution of the pro- visions of this Ordinance by the Approving Authority. The cost of the arbitration will be divided equally between the City and the Perrnittee or sewer user. (B) One member of the board shall be a registered practicing professional engineer; one me:mber shall be a lawyer; one member shall be a representative of industry or manufacturing enterprise; and two rr~embers shall be selected at large for their interest in accomplishing the objectives of the Ordinance. . -28- ALL CONFLICTING O.::\.;-JIi\.'I~NCES REPEALED (A) All ordinance s and parts of ordir:..ance s inconsistent or in conflict are hereby repealed. SE VE RABILITY (A) If any section or part of any section, paragraph or clause of this O:;:d.inance is declared invalid or unconstitutional for any reason, such declaration shall not be held to invalidate or impair the validity, force or effect of any other sections, part of section, paragraph or clause of this Ordinance. EFFE CTIVE DATE (A) This Ordinance shall become effective immediately upon its publication. Passed and adopted this "c:( (;'I day of t7d7d~ ) 1 '7 c/ {kv-tl t:?--z/L~?~ Mayo r Attes~: {P,,~ .Jk."lt-l!.A/ City Secreta~ City Attorney -29-