Ordinance 1985-41
ORDINANCE NO 85-41
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE CITY CODE
BY ADDING A NEW ORDINANCE, AND DESIGNATING AREAS OF THE CITY
AND/OR CITY AND EXTRATERRITORIAL JURISDICTION. REGULATING
PRIVATE SEWAGE FACILITIES; RELATING TO DISCHARGE OF WASTE,
RELATING TO THE DELEGATION OF FUNCTIONS AND POWERS BY THE CITY;
RELATING TO WATER POLLUTION CONTROL AND ABATEMENT PROGRAMS BY THE
CITY UNDER SECTION 26.177 OF THE TEXAS WATER CODE; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Wylie, Texas, under Section 26.177, of the
Texas Water Code (Texas Legislative Senate Bill 835) is required
to establish a Water Pollution Control and Abatement Program,
authorizing monitoring and enforcing activities, requiring
reporting from significant dischargers, collecting samples,
inspecting and testing of waste discharges.
WHEREAS, it is the
waste to treat and
manner, and
obligation of the producers of
properly dispose of same in an
industrial
equitable
WHEREAS, protection of the quality of the effluent within the
City and Extraterritorial jurisdiction of all wastewater is the
concern and obligation of the City of Wylie, Texas.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS;
City Code as follows: Article Water Pollution Control
SECTION 16. Definitions unless the context specifically
indicated otherwise, the following terms and phrases, as used in
this Article, shall have the meanings hereinafter designated.
(1) Act of "the Act" - Section 26.177 of the Texas Water
Code (originally enacted in 1971 by S.B. No. 835)
(2)
Approval Authority - The Director in
with an approved State Municipal
Control and Abatement Program.
an NPDES State
Water Pollution
(3) Authorized Representative of a Significant Waste
Discharger - An authorized representative may be: (a) a
principal executive officer of at least the level of
Vice-President, if the discharger is a corporation; (b)
a general partner or proprietor if the discharger is a
partnership or proprietorship, respectively; (c) a duly
authorized representative responsible for the overall
operation of the facilities from which the discharge
originates.
(4) Biochemical Oxygen Demand (BOD) the quantity of
oxygen utilized in the biochemical oxidations of
organic matter under standard laboratory procedures,
five (5) days at 200 centigrade expressed in terms of
weight and concentration (milligram per liter (mg/1).
(5) Board - the Texas Water Development Board as defined by
26.001 et seq. of the Texas Water Code.
(6) Building Sewer - a sewer conveying wastewater from the
premises of a user to the POTW.
(7) Categorical Standards National Categorical
Pretreatment Standards of Treatment Standards.
(8) City - The City of Wylie or City Council of Wylie,
Texas.
1
(9)
(10)
(11)
(12 )
(13)
(14)
(15 )
(16)
(17)
(18)
(19 )
(20)
(21)
(22)
(23)
(24)
Cooling Water - the water discharged from any use such
as air conditioning, cooling or refrigerations, or to
which the only pollutant added is heat.
Commission - the Texas Water Commission.
Control Authority - the term "Control Authority" shall
refer to the "approved authority", defined hereinabove,
or the Director of Public Works.
Department - the Texas Department of Water Resources.
Direct Discharge
untreated wastewater
State of Texas.
the discharge
directly to the
of treated or
waters of the
Environmental Protection Agency, or EPA - the U. S.
Environmental Protection Agency, or where appropriate,
the term may also be used as a designation for the
Administration or other duly authorized official or
said agency.
ETJ - Extraterritorial Jurisdiction.
Grab Sample - sample which is taken from a waste stream
or surface runoff on a one-time basis with no regard to
the flow in the stream and without consideration of
time.
Holding Tank - any waste from holding tanks
vessels, chemical toilets, campers, trailers,
tanks, and vacuum pump tank trucks.
such as
septic
Indirect Discharge - the discharge or introduction of
non-domestic pollutants from any source regulated under
sections 307 (B) or (C) of (33USC.1317) into the POTW
or Waters of the State of Texas.
Industrial User - a source of indirect discharge which
does not constitute a "discharge of pollutants" under
regulations issued pursuant to Section 402 of 33 USC
1342.
National Prohibitive Discharge Standard or Prohibitive
Discharge Standard - any regulation developed under the
authority of 307 (B) of 33 USC, 1342 40 CFR, Section
403.5 of S.B. No. 835.
National Pollution Discharge Elimination System or
NPDES Permit - a permit issued pursuant to Section 402
of 33 USC, 1342.
Person - any individual, partnership, co-partnership,
firm, company, corporation, association, joint stock
company, trust, estate, governmental entity, or any
legal entity, or their legal representatives, agents,
or assigns. The masculine gender shall include the
feminine gender. The singular shall include the plural
where indicated by the context.
Rli - the logarithm (base 10) of the reciprocal of the
concentration of hydrogen ions expressed in grams per
liter of solution.
Pollution - the man-made or man-included alteration of
the chemical physical, biological and radiological
integrity of water.
2
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
Pollutant - any dredged spoil, solid waste, incinerator
residue, sewage, garbage, sludge, mutations, chemical
waste, biological materials, radioactive materials,
heat, wrecked or discharged equipment, rock, sand,
cellar dirt and industrial, municipal and agricultural
waste discharged into water.
Pretreatment or
of pollutants,
alteration of
lateration of
wastewater to
of discharging
into a POTW or
Treatment - the reduction of the amount
the elimination of pollutants, or the
the nature of pollutants, or the
this nature of pollutant properties in
a less harmful state prior to or in lieu
or otherwise introducing such pollutants
the waters of the State of Texas.
POTW or Publicly Owned Treatment Works
other conveyances and treatment plants.
sewers or
Shall - mandatory, May - permissive.
Significant Waste Dischargers any discharger
discharging 25,000 gallons or more per day (24 hour
period), has a waste toxic pollutants as defined
pursuant to Section 307 of 33USC 1291 or State Statutes
and Rules as is found by the City, State Control
Agency, or the U.S. EPA, to have significant impact,
either singly or in combination with other contributing
industries on the waters of the State of Texas.
State - the State of Texas.
Standard Industrial Classification (SIC) a
classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Officer
of the President, Office of Management and Budget,
1972.
Storm Water
any form
therefrom.
- any flow occurring during or following
of natural precipitation and resulting
Suspended Solids - the total
floats on the surface of, or
wastewater, or other liquids
laboratory filtering.
suspended matter that
is suspended in water,
and which is removed by
Director of Public Works - the person designated by the
City to supervise the operation of the Utilities
Department and who is charged with certain duties and
responsibilities by this Article, or his duly
authorized representative.
Toxic Pollutant any pollutant or combination of
pollutants listed as toxic in regulations promulgated
by the administration of the EPA under the provisions
of the CWA 307 (A) or other Acts.
Wastewater - the liquid and water-carried industrial or
domestic waste from dwellings, commercial buildings,
industrial facilities, and storm water that may be
present, whether treated or untreated, which is
permitted to enter the POTW or waters of the State of
Texas.
3
(37)
Waters of the State all streams, lakes, ponds,
marshes, watercourses, waterways, wells, springs,
reservoirs, aquifiers, irrigation systems, drainage
systems and all other bodies or accumulations or water,
surface or underground, natural or artificial, public
or private, which are contained within, or flow through
or border upon the State or any portion thereof and
including any other "water" as defined by Section
26.001 of the Texas Water Code.
(38)
Abbreviations:
BOD - Biochemical Oxygen Demand
CFR - Code of Federal Regulations
COD - Chemical Oxygen Demand
EPA - Environmental Protection Agency
L - Liter
MG - Hilligrams
MG/L - Milligrams per liter
NPDES - National Pollutant Discharge Elimination System
Section 16.2 - Water Pollution Control Duties of the City
A. The City of Wylie, Texas having a population of more
than 5,000 inhabitants, hereby establishes a Water
Pollution Control and Abatement Program for the City.
the City shall employ or retain an adequate number of
personnel, on either part-time or full-time basis as
the needs and circumstances of the City may require,
who by virtue of their training or experience are
qualified to perfDrm the water pollution and abatement
functions required to enable the City to carry out it's
duties and responsibilities under this Article.
B. The Water Pollution Control and Abatement Program of
this City shall encompass the entire City and it's
Extraterritorial jurisdiction to achieve the objective
of the City for the area within its territorial
jurisdiction. The City shall include in the program
the services and functions, which, in the judgment of
the City or as may be reasonably required by State or
Federal law, will provide effective water pollution
control and abatement for the City, including the
following services and functions:
1. the development and maintenance of an inventory of
all significant waste discharges into or adjacent
to the water within the City, and within the
extraterritorial jurisdiction of the City, without
regard to whether or not the discharges are
authorized by the department;
2. the regular monitoring of all significant waste
discharges included in the inventory prepared
pursuant to paragraph (1) above;
3. the collecting of samples and conducting of
periodic inspections and tests of the waste
discharges being monitored to determine whether
the discharges are being conducted in compliance
with the Act and any applicable permits, orders or
regulations of the Department, and whether they
should be covered by a permit from the commission;
4. in cooperation with the department, a procedure
for obtaining compliance by the waste dischargers
being monitored, including where necessary, the
use of legal enforcement proceedings; and
4
5.
the development and execution of reasonable and
realistic plans for controlling and abating
pollution or potential pollution resulting from
generalized discharges of waste which are not
traceable to specific sources, such as storm sewer
discharges and urban runoff from rainwater.
Section 16-3.
Director of Public Works
The City Manager of Wylie shall appoint a Director of Public
Works and such assistants as the City Manager may determine to be
necessary, and it shall be the duty of the Director of Public
Works to enforce the provisions of this article.
Section 16-4.
Use of Public Sewers
A. No person shall discharge or cause to be discharged any
storm water, surface water, ground water, roof runoff,
subsurface drainage or unpolluted industrial process
waters to any sanitary sewer.
B. Storm 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 City Manager. Unpolluted process
waters may be discharged upon approval of the City
Manager, to a storm sewer, or natural outlet, or into
the sanitary sewer system upon prior written approval
of the City Manager or Director of Public Works.
C. In cases where, and in the opinion of the Director of
Public Works, the character of the sewage from any
manufacturer or industrial plant, building, or other
premises is such that it will damage the system or
cannot be treated satisfactorily in the system, the
City Manager shall have the right to require such user
to dispose of such waste otherwise, and prevent it from
entering the system.
Except as hereinafter provided, no person shall discharge or
cause to be discharged into the sewer or drainage system of the
City, or to the waters of the State of Texas, directly or
indirectly, any of the following described matters, water or
wastes:
(1) Any gasoline, benzene, naphtha, fuel oil or other
flammable or explosive liquid solid or gas;
(2) Concentrations exceeding one hundred (100)
milligrams per liter of waste, fats, grease, oil,
plastic or other substances which will solidify or
become discernibly viscous at any temperature
between thirty-two (32) degrees Fahrenheit and one
hundred fifty (150) degrees Fahrenheit;
(3) Any garbage that has not been properly treated or
any other solid or viscous substances in
quantities capable of causing obstruction to the
flow in sewers or interfering with proper
operation of the treatment plant or to the waters
of the State of Texas including, but not limited
to, such materials as ashes, cinders, sand, mud,
straw, wood shavings, sawdust, metal shavings and
filings, glass, rags, tar, lime slurry or
residues, paint and chemical residues, bulk
solids, glue or paper for other than hygiene
tissue;
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(4) Any feathers, entrails, feet, bones, paunch
manure, hair, fleshings or egg shells, whole blood
or other liquids in quantities which exert an
unusual oxygen or chlorine requirement or which
result in a discoloration of the treatment plant
influent.
(5) Any substance which singly or by interaction with
other wastes can form a gas, or material which, by
itself or in combinations with other substances,
can be a hazard to life.
(6) Any liquids with a pH value lower than 5.5 or
higher than 10.0.
(7) Any cyanides or cyanogen compounds capable of
liberating hydrocyanic gas on acidification in
excess of one milligram per liter as CN.
(8) Any fluoride in concentration exceeding that in
the public water supply.
(9) Any salts of the following heavy metals, in
solution or suspension, at a concentration greater
than as shown below:
Metal
Arsenic
Barium
Cadmium
Chromium
Copper
Lead
Manganese
Hercury
Nickel
Selenium
Silver
Zinc
mg/l - Not to exceed:
Average Daily Composite Grab Sample
0.1 0.2 0.3
1.0 2.0 4.0
0.05 0.1 0.2
0.5 1.0 5.0
0.5 1.0 2.0
0.5 1.0 1.5
1.0 2.0 3.0
0.005 0.005 0.01
1.0 2.0 3.0
0.05 0.1 0.2
0.05 0.1 0.2
1.0 2.0 6.0
(10) All other heavy metals and toxic materials,
insolution or suspension, at concentrations
greater than that in the public water supply, such
as, but not limited to, the following:
Antimony
Beryllium
Bismuth
Cobalt
Fungicides
Molybdenum
Tin
Uranyl ion
Pesticides
Rhenium
Strontium
Tellurium
Herbicides
(11) Chlorides in concentrations exceeding two hundred
fifty (250) parts per million, unless the
discharge of chlorides in concentrations higher
than two hundred fifty (250) parts per million is
limited to rates and volumes that will not cause
the concentration of chlorides in the treated
effluent from the sewage treatment plant to exceed
two hundred (250) parts per million.
(12) Any radioactive wastes of greater concentration or
amount than the allowable releases specified by
regulatory ag~cies which control the possession
and release of radioactive materials.
6
(13) Any active or inert materials in concentrations
which interfere with the proper operation of the
treatment process to the degree that the normal
treatment process used will not produce an
effluent meeting the criteria of regulatory
agencies or which impose unusual costs for
treatment or maintenance.
(14) No substances, or mixtures which may contain any
amount of polychlorinated biphenyls (PCBS).
(15) Wastewater with a phenol concentration greater
than two (2.0) milligrams per liter.
(16) Wastewater which
(0.5) milligrams
measured as H2S.
contains more
per liter of
than five-tenths
hydrogen sulfide
(17) Wastewater with twenty-four composite samples
containing BOD or total suspended solids (TSS) in
excess of three hundred (300) milligrams per
liter, or chemical oxygen demand (COD) in excess
of eleven hundred (1100) milligrams per liter.
(D) Where the operation of a person, firm, or corporation
entails the discharge of industrial wastes, a written
statement on a standard form provided by the City
Manager, setting forth the nature of the operation
contemplated or presently carried on shall be filed
with the City Manager. The statement shall contain the
following information:
(1) Name and address of applicant;
(2) Type of industry;
(3) Quantity of plant waste;
(4) Typical analysis of the waste;
(5) Type of pretreatment proposed, if any;
(6) Proposed point of discharge.
Within thirty (30) days of receipt of such statement,
it shall be the duty of the City Manager to make an
order stating such minimum restrictions as in the
judgment of the Director may be necessary to adequately
guard against unlawful uses of the City's sewage works
or discharge to the waters of the State of Texas.
(E) Grease, oil and sand interceptors shall be provided for
the proper handling of liquid wastes containing grease
in excessive amounts, or any flammable wastes, sand,
and other harmful ingredients; except that such
interceptors shall not be required for private living
quarters or dwelling units. All interceptors shall be
of a type and capacity approved by the City Manager and
shall be located as to be readily and easily accessible
for cleaning and inspection.
Grease and oil interceptors shall be constructed in
accordance with the City of Wylie standards and shall
be impervious materials capable of withstanding abrupt
and extreme changes in temperature. They shall be of
substantial construction, watertight, and equipped with
easily removable covers which, when bolted in place,
shall be gastight and watertight.
(F) Where installed, all grease, oil, and sand interceptors
shall be maintained by the owner, at his expense, in
continuously efficient operation at all times.
7
(G) The admission into the public sewers or the waters of
the State of Texas of any waters or wastes having (1) a
five-day biochemical oxygen demand greater than three
hundred (300) parts per million by weight, or (2)
containing more than three hundred (300) parts per
million by weight of suspended solids, or (3)
containing any quantity of substances having the
characteristics described in paragraph (c) hereof, or
(4) having an average daily flow greater than five (5)
percent of the average daily sewage flow of the City,
shall be subject to the review and approval of the
Director.
Where necessary, in the opinion of the Director, the
owner shall provide, at his expense, such preliminary
treatment as may be necessary to (1) reduce the
biochemical oxygen demand to three hundred (300) parts
per million and the suspended solids to three hundred
(300) parts per million by weight, or (2) reduced
objectionable characteristics or constituents to within
the maximum limits provided for in paragraph (c)
hereon, or (3) control the quantities and rates of
discharge of such waters or wastes. Plans,
specifications and any other pertinent information
relating to proposed preliminary treatment facilities
shall be submitted for the approval of the Director and
no construction of such facilities shall be commenced
until said approvals are obtained in writing.
(H) When required by the Director, the owner of any
property carrying industrial wastes shall install a
suitable control manhole in the building sewer to
facilitate observation, sampling and measurement of the
wastes. Such manhole, when required, shall be
accessibly and safely located, and shall be constructed
in accordance with the City of Wylie standards. the
manhole shall be installed by the owner at his expense,
and shall be maintained by him so as to be safe and
accessible at all times.
(I) All measurements, tests and analysis of the
characteristics of waters and wastes to which reference
is made in paragraphs (3) and (g) shall be determined
in accordance with "Standard Methods for the
Examination of Water and Sewage". The tests shall be
performed on the samples taken at the control manhole
provided for in paragraph (h) above.
(J) No statement contained in this article shall be
construed as preventing any agreement or arrangements
between the City and any industrial concern whereby an
industrial waste of unusual strength or character may
be accepted by the City for treatment, subject to
payment therefore by the industrial concern for any
portion of the excess cost to the City of handling and
treating such industrial wastes. In the event the City
agrees to accept and treat industrial waste of unusual
strength or character, the charges for such treatment
shall be determined.
Section 16-5. Powers and Authority of Enforcing Agents.
The City Manager and other duly authorized employees of the City
bearing proper credentials and identifications shall be permitted
to enter upon all properties for the purpose of inspection,
observation, measurement, sampling and testing in accordance with
the provisions of this article.
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Section 16-6. Penalties
(A) Any person found to be violating any provisions of this
article, shall be served by the City written notice
stating the nature of the violation and providing a
reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time
stated in such notice, permanently cease all
violations. If the offender continues violation after
the expiration of time stated, the City Manager may
prohibit the further use of the sewage system by the
offender and may remove or close the offender's sewage
and water connections.
(B) Any person who shall continue any violations beyond the
time limit provided for in paragraph (A) above, shall
be guilty of a misdemeanor, and upon conviction
thereof, shall be fined in an amount not less than one
dollar ($1.00) nor more than one thousand ($1,000.00)
dollars for each violation. Each day in which such
violations exist shall be deemed a separate offense.
(C)
Any person violating any of the provisions
Article shall become liable to the City
expense, loss or damage occasioned by the
reason of such violation.
of
for
City
this
any
for
Section 16-7. Enforcement by City of Violation
(1) Steps to be taken when water pollution is detected by
the City.
A. Notice to alleged violator: Letter shall be sent
by the City to alleged offender to notify that:
1 .
Discharge of
appears to
Rules of
Resources;
wastewaters within his property
be in violation of law or the
the Texas Department of Water
2. The City suggests that the alleged violator
take immediate steps toward correcting the
problem;
3. If the alleged violator finds from his
evaluation that he is in violation of law or
of the Rules of the Texas Department of Water
Resources, he may submit an application for a
waste discharge permit from the City and
Texas Department of Water Resources'
consideration, together with a time schedule
for compliance;
4. He shall be requested to contact the City
within then (10) days so that the City can be
informed as to what he proposes to do to
correct the alleged violation.
B. A copy of the letter giving notice to the alleged
violation (described under paragraph 'A') shall be
sent to the Texas Department of Water Resources,
P. O. Box 13246, Austin, Texas 78711.
Investigation reports and names of witnesses which
are available at that time shall be attached to
the letter. A carbon copy will also be sent to
the Texas Department of Water Resources, 204-A
West 5th Street, Odessa, Texas 79761.
C. The City shall continue investigation and testing
procedures as it feels is necessary to show
whether a violation exists.
9
NOTE:
D.
The City may oppose
discharge permit, or
granting of such, etc.
to sue the polluter for
when the polluter has no
the granting of a waste
may recommend partial
The City of Wylie is free
violations which occurred
waste discharge permit.
E.
If the alleged violator is not willing to take
effective steps to control his pollution sources,
the responsible City Authority shall send a letter
to the City Attorney with a request for his
consideration of the information which is
enclosed. All investigation reports which have
been completed against this alleged violator and
lists of witnesses which may be used in the
prosecution of a lawsuit, and all test information
should be included. A copy of this letter and
attachments shall be sent to the Texas Department
of Water Resources.
F.
When the local government files suit in district
court pursuant to 26.124 of the Texas Water Code,
the Texas Department of Water Resources is a
necessary and indispensable party and must be
served with citation.
This information procedure can be varied as
circumstances warrant and as experience between
the City, Texas Department of Water Resources and
the Attorney General indicate it is necessary.
G.
Information to be furnished to the City Attorney
in cases where suit is desired by the City:
a. Metes and bounds description of real estate,
together with ownership, volume and page
number and copy of latest conveyance unto
owner.
b. A plan, map and aerial photograph of property
in question, if available.
c.
Names and
possession;
in
addresses
operators,
of
and
all persons
owners.
d. A copy, or original, of the City's file
dealing with the situation and problem.
e. Transcript of hearing, if any.
f. Witnesses: names, addresses and statements.
g.
Copies of reports
investigators.
and
by
experts
h. Copy of all waste discharge permits, if any.
i. City's order requesting the City Attorney to
file and recommendation.
j .
Name and phone number
be working with the
case.
of personnel who will
City Attorney on the
k. Other information and results of
investigations such as photographs,
samplings, measurements taken from testing
devices or manually, diagrams models, etc.
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Section 16-8. Preserving Evidence for Litigation Purposes.
1. Maps, Diagrams, and Sketches
A. Accuracy. The paper must correctly represent the
situation as it existed at the time of
consideration. It is not necessary that the map
or sketch be drawn to scale provided it is a fair
representation.
B. Verification. It is usually held that it is not
necessary that the person making the map, diagram
or sketch testify as to its correctness, but any
person acquainted with the facts may do so.
2. Photographs.
A. Instructive. Whenever the appearance of a person,
place, or object is relevant, a photograph or
picture is admissible to explain the evidence and
aid in its application and to assist the court or
jury in understanding the case.
B. Accuracy. The photograph must be a fair and
accurate reproduction of the things or conditions
as they were when the photograph was taken. Where
a photograph is offered, not as a mere general
representation of the thing or condition, but to
show distances, colors, relative sizes, or
locations of objects, it may be very deceptive and
misleading, therefore, much more convincing proof
of its accuracy is required.
c. Verification. It is best if the photograph is
verified by oath of photographer who took it;
however, sufficient verification may be furnished
by the testimony of any competent witness who has
sufficient knowledge to testify that the
photograph fairly represents what it purports to
represent. The presence of a verifying witness
when the photograph was taken may be a factor in
determining the sufficiency of the accuracy.
D.
Notice to adverse party.
the admissibility of the
adverse party should have
intention to take them.
It is not essential to
photographs that the
been notified of the
E. Inscription on picture. When an otherwise
admissible picture has an inscription on it or on
the reverse side of it, before the photograph can
be admitted, the handwriting must be identified or
concealed so that only the picture itself, and not
the message inscribed on it, can be considered as
evidence.
3. Samples
A.
Identification. Samples are admissible on an
issue as to the properties or qualities of the
substance involved in the case where they are
sufficiently identified as to their source and
that they reflect the condition of the substance
or articles as of the time involved in the issues.
Section 16-9.
Pollution Investigations.
In the investigation of pollution incidents, including
unpermitted discharges, spills of oil or other hazardous
materials, where legal action against the discharger or person
responsible for a spill may result, the investigator shall obtain
the following:
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1. Names, addresses, phone numbers and positions of all
persons who may be responsible for or have knowledge of
the discharge or spill.
2. Signed statements, wherever possible, indicating where,
when and how the discharge or spill occurred and the
extent of the discharge or spill. (In cases where a
witness will not sign a statement, his oral statement
should be immediately reduced to writing and should be
submitted with the investigator's written report).
3. Samples of discharged or spilled materials, as well as
comparative samples from affected and unaffected water
in proximity to the discharge or spill. (Sample
containers are to be immediately and indelibly labeled
with the appropriate sample number by the collector and
a Chain of Custody Record attached see Chain of
Custody.
4. Photographs at the scene to illustrate the source and
extent of pollution. (Polaroid photographs of good
quality are preferable as evidence and should be
immediately labelled with location, date, time and a
short description of what is being illustrated and
signed by the photographer. If possible, the signature
of a witness at the scene should also be obtained for
corroborative purposes.
5. License number and other registration of vehicles or
vessels involved in pollution incidents. Drivers or
operators should be identified and a record made of
their names, addresses, employers and identification.
6. Field notes made at the scene. (Since these can be
used on the witness stand, the investigator should
complete them at the scene and, if possible, have a
witness at the scene initial or sign them. Field notes
should also contain sketch of the site with appropriate
labelling).
Chain of Custody
All samples and other tangible evidence should be maintained in
proper custody until disposition or until the samples are
dispatched to a laboratory for analysis. A record of sample
number, source of sample, time, date, and name of person taking
the sample and each person handling the sample will be kept with
the sample on a Chain of Custody Record until the sample is
delivered to the laboratory. (Placing a sample addressed to the
laboratory in the U. S. Mail constitutes delivery to the
laboratory). Upon delivery to the laboratory, the Chain of
Custody Record should be immediately submitted to the City's
Water Pollution Control Office attached to a signed and dated
memorandum of transmittal.
Reports
All reports of investigations of water pollution incidents should
be completed promptly. The report should include appropriate
descriptions, sample date, maps, photographs, etc., to accurately
and fully depict:
1 .
The waste generating activities or the incident
which a spill occurred;
in
2. The quantitative and qualitative characteristics of the
waste generated or the material spilled;
3. The route of the waste or spilled material to the
receiving waters;
4. The receiving waters;
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5. The effects of the waste or spilled material on the
receiving waters;
6. The location of the waste generating activity (include
street address, if any) or the location of the spill;
7. The names and addresses of witnesses and complaints
willing to provide information;
8. A current list of responsible officials;
9. A list of other
investigation, such
authorities, etc;
agencies concerned in the
as cities, counties river
10. All other pertinent information.
Section 16-10. Severability Clause.
The provisions of this Article are severable. If any word,
phrase, clause, sentence, section, provision or part of this
Article should be held to be invalid or unconstitutional, it
shall not affect the validity of the remaining portions, and it
is hereby declared to be the City's legislative intent that this
Article would have been passed as to the remaining portions,
regardless of the invalidity of any part.
Section 16-11. Conflict
All other Ordinances and parts of other Ordinances inconsistent
or conflicting with any part of this Article are hereby repealed
to the extent of such inconsistency or conflict.
This ordinance shall be in full and effect after it's passage,
approval and publication as provided by law.
The passage of this ordinance constitutes an emergency and an
imperative Public necessity that the Charter Rule requiring that
City Ordinances be read at three (3) separate meetings of the
City Council be suspended and said rule is hereby suspended, and
this ordinance shall take effect immediately upon it's passage.
Pass and
the City
with all
approved on emergency ~ading at a ~e ular meeting of
Council on the ;:{<.3 -t.&- day of t) , 1985
members present voting "aye" for thtJpa ge of same.
APPROVED:
~MO~
/ John W. Akin, Mayor
(/'
ATTEST:
Jld day of /Ju~
' 1985 vn
1985 and the
11-1
day
Published the
of O?JII~'r
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