HomeMy WebLinkAboutORD 71-16ORDINANCE NO. t - !
ENTITLED AN ORDINANCE -AMENDING CHAPTER 32A OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY REPEALING CHAPTER 32A AND ENACTING IN LIEU
THEREOF A NEW CHAPTER 32A, BEING A CHAPTER
REGULATING THE DISPOSAL OF INDUSTRIAL WASTE
IN THE CITY OF BEAUMONT, TEXAS; PROVIDING FOR
THE APPOINTMENT OF AN INDUSTRIAL WASTE SU-
PERVISOR AND A SUPERINTENDENT OF SEWAGE TREAT-
MENT ;REGULATING THE USE OF PUBLIC AND PRIVATE
SEAS AND DRAINS; REGULATING THE DISCHARGE OF
WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM;
PROVIDING A PENALTY;•REPEALING'ALL ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING A SEVER-
ABILITY CLAUSE.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Chapter 32A of the Code of Ordinances, City of
Beaumont, Texas is hereby enacted and, after being so enacted
the same shall read as follows:
Section 32A-1. Definitions
Unless the context specifically indicates otherwise,
the meaning of terms used in this ordinance shall be as follows:
(1) "B.O.D." (denoting Biochemical Oxygen Demand)
shall mean the quantity of oxygen utilized in the biochemical
osidation of organic matter under standard laboratory procedure
in 5 days at 20°C., expressed in milligrams per liter.
(2) "Building Drain" shall mean that part of the lowest
horizontal piping of a drainage system which receives the dis-
charge from soil, waste, and other drainage pipes inside the
walls of the building and conveys it to the building sewer,
beginning 3 feet outside the inner face of the building wall.
(3) "Building Sewer" shall mean the extension from the
building drain to the public sewer or other place of disposal.
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(4) "City" shall mean the City of Beaumont, Texas.
(5) "Director of Water Utilities" shall mean the
Director of Water Utilities of the City of Beaumont, Texas, or
his authorized depity, agent, or representative.
(6) 1°Domestic Sewage" shall mean water -borne wastes
normally discharging from the sanitary conveniences of dwellings
(including apartment houses and hotels), office buildings,
factories and institutions, free from storm surface water and
industrial wastes. "Normal" domestic sewage shall mean "normalt1
sewage for Beaumont in which the average concentration of 5 -day
B.O.D. is established at 250 milligram per liter, on the basis
of the normal daily contribution of twenty hundredths (.20)
prounds per capita, per 100 gallons, and the average concentra-
tion of Suspended Solids is established at 300 milligram per
liter.
(7) "Garbage" shall mean solid wastes from the prepara-
tion, cooking, and dispensing of food, and from the handling,
storage, and sale of produce.
(8) "Industrial Waste Supervisor" shall mean the Agent
of the Superintendent of Sewage Treatment responsible for
maintaining constant control over Liquid Industrial Wastes in
the City of Beaumont, or his authorized deputy, agent or
representative.
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(9) "Industrial Wastes" shall mean all waterborne
solids, liquids, or gaseous wastes resulting from any industrial,
manufacturing or food processing operation or process, or from
the development of any natural resource, or any mixture of
these with water or domestic sewage.
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(10) "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body or surface or
ground water.
(11) "Person" shall mean any individual, firm, company,
association, society, corporation, group, or partnership.
(12) "pH" shall mean the logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
(13) "Properly Shredded Garbage" shall mean the wastes
from the preparation, cooking, and dispensing of food that
have been shredded to such degree that all particles will be
carried freely under the flow conditions normally prevailing
in public sewers, with no particle greater than 1/2 inch in
any dimension.
(14) "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is con-
trolled by public authority.
(15) "Sanitary Sewer1° shall mean a sewer which carries
sewage to which storm,- surface, and ground waters are not
intentionally admitted.
(16) 11Sewage" shall mean a combination of the water
carried wastes from residences, business buildings, institutions,
and industrial establishments, together with such ground, sur-
face and storm waters -as may be present.
(17) "Sewage Treatment Plant" shall mean any arrange-
ment of devices and structuresused for treating sewage.
(18) "Sewage Works" shall mean all facilities for
collecting, pumping, treating, and disposing of sewage.
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sewage.
(19) "Sewer" shall mean a pipe or conduit for carrying
(20) "Shall" is mandatory; "May" is permissive.
(21) "Storm Sewer" or "Storm Drain" shall mean a sewer
which carries storm and surface waters and drainage, but ex-
cludes sewage and polluted industrial wastes.
(22) "Superintendent" shall mean the Superintendent of
Sewage Treatment of the City of Beaumont, or his authorized
deputy, agent, or representative.
(23) "Suspended Solids" shall mean solids that either
float on the surface or are in suspension in water, sewage,
or other liquids, and which are removable by laboratory filtering.
(24) "Unpolluted Water or Waste" shall mean any water
or waste containing none of the following; free or emulsified
grease or oil; acid or alkali; phenols, or other substances
imparting taste and odor in receiving water; toxic poisonous
substances in suspension, colloidal state or solution; and
noxious or odorous gases. It shall contain not more than ten
parts per million each of suspended solids and B.O.D. The
color shall not exceed fifty parts per million.
(25) "Watercourse" shall mean a channel in which a flow
of water occurs, either continuously or intermittently.
Section 32A-2. Industrial Waste Supervisor
The Director of Water Utilities shall appoint an
Industrial Waste Supervisor, and it shall be the duty of the
Industrial Waste Supervisor to see that the certain provisions
of this Ordinance are carried into effect and enforced. The
Industrial Waste Supervisor shall be an employee of, and under
the jurisdiction of, the Department of Water Utilities.
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Section 32A-3. Superintendent of Sewage Treatment
The Director of Water Utilities shall appoint a
Superintendent of Sewage Treatment., and it shall be the duty
of the Superintendent to see that certain provisions of this
Ordinance as pertaining to the use of Public Sewers are carried
out; to determine if -the sewage collected by the sewer co-
llection system is treatable; and to supervise the treatment
of the sewage.
Section 32A-4. Use of the Public Sewers
(1) Discharge of storm water, etc. to sanitary sewer
prohibited. No person shall discharge or cause to be discharged
any storm water, surface water, ground water, roof run off,
subsurface drainage or uppolluted industrial process waters
to any sanitary sewer.
(2) Designation of sewers for storm water, etc.— 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 Director of WaterUtilities.
Unpolluted process waters may be discharged, upon approval of
the Director of Water Utilities, to a storm sewer, or natural
outlet, or into the sanitary sewer system upon prior written
approval of the Director of Water Utilities or Superintendent
of Sewage Treatment.
(3) Discharge of manufacturing, industrial, etc. sewage.
In cases where, in the opinion of the Superintendent, 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,
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the Director of Water Utilities shall have the right to require
such user to dispose of such waste otherwise, and prevent it
from entering the system.
(3.1) Prohibited Discharges. Except as hereinafter pro-
vided, no person shall discharge or cause to be discharged into
the sewer or drainage system of the city, directly or indi-
rectly, any of the following described matters, waters or wastes:
(a) Any liquid or vapor having a temperature higher
than 150°F:
(b) Any water or waste which may contain more than one
hundred (100) milligram per liter, by weight, or fat, oil or
grease.
(c) Any gasoline, benzine, naptha, fuel oil or other
flammable or explosive liquid, solid or gas.
(d) Any garbage that has not been properly shredded.
(e) Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch
manure, or other solid or viscous substances capable of causing
obstruction to the flow in sewers or other interference with
the proper operation of the sewage works.
(f) Any wastes or waters containing suspended or
dissolved solids of such character and quantity that unusual
attention or expense is required to handle such materials at
the sewage treatment plant or in the public sewage works.
(g) Any noxious or malodorous gas or substance capable
of creating a public nuisance.
(h) Any waters or wastes having a pH lower than 5.5
or higher than 10:.=0, or having any other corrosive property
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capable of causing damage or hazard to structures, equipment,
and personnel of the sewage works.
(i) Any water or wastes containing a toxic or poisonous
substance, such as plating or heat treating wastes, in suf--
ficient quantity to injure or interfere with any sewage treat-
ment process, or to constitute a hazard in the receiving waters
of the sewage treatment plant.
(j) Any heavy metals, in solution or suspension, in
concentration exceeding the following:
or CN.
Arsenic
1.0
milligram
per
liter
Barium
5.0
milligram
per
liter
Chromium
5.0 •
milligram
per
liter
Cadmium
0.05
milligram
per
liter
Copper
1.0
milligram
per
liter
Lead
1.0
milligram
per
liter
Manganese
5.0
milligram
per
liter
Mercury
0.005
milligram
per
liter
Nickel
5.0
milligram
per
liter
Iron
5.0
milligram
per
liter
Zinc
5.0
milligram
per
liter
(k) Any cyanide greater than 1.0 milligram per liter
(1) Any phenols greater than 10 milligram per litter.
(m) Any radio active waste greater than allowable
releases as specified by current United States Bureau of Stan-
dards Handbooks dealing with the handling and release of
radioactivity.
(4) Discharge of water, wastes containing toxic or
poisonous substances, statement required. Where the operation
of a person, firm or corporation entails the discharge of water
or wastes containing toxic or poisonous substances, a written
statement, on a standard form.provided by the Director of Water
Utilities, setting forth the nature of the operation contemplated
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or presently carried on shall be filed with the Director of
Water Utilities. The statement shall contain the amount of
water which will be used and its source, the proposed point of
discharge of wastes into the sewage system of the city, the
estimated amount so to be discharged, and a fair statement
setting forth the expected bacterial, physical, chemical, and
other known characteristics of said wastes.
Within 30 days of receipt of such statement, it'shall
be the duty of the Director of Water Utilities to make an order
stating such minimum restrictions as in the judgment of the
Superintendent may be necessary to guard adequately against
unlawful uses of the City's Sewage Works.
(5) Interceptors - When required; type, capacity, lo-
cation, construction. 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 inter-
ceptors shall not be required for premises used exclusively
as private living quarters or dwelling units. All interceptors
shall be of a type and capacity approved by the Director of
Water Utilities and shall be located as to be readily and
easily accessible for 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 of substantial con-
struction, watertight, and equipped with easily removable
covers which when bolted in place shall be gastight and
watertight.
(6) Same - Maintenance. 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) Review and approval of certain wastes; preliminary
treatment facilities generally. The admission into the public
sewers of any waters or wastes having (a) a five-day Biochemical
Oxygen Demand greater than 250 milligram per liter, or (b) con-
taining more than 300 milligram per liter of suspended solids,
or (c) containing any quantity of substances having the
characteristics described in Section 32A-4(3), or (d) having
an average daily flow greater than 1% of the average daily
sewage flow of the City, shall be subject to the review and
approval of the Superintendent.. Where necessary in the opinion
of the Superintendent, the owner shall provide, at his expense,
such preliminary treatment as may be necessary to, (a) reduce
the Biochemical Oxygen Demand to 250 milligram per liter and
the suspended solids to 300 milligrams per liter, or (b) reduce
objectionable characteristics or constituents to within the
maximum limits provided for in Section 32A-4(3.1), or (c) control
the quantities and rates of discharge of such waters or wastes.
Plans, specifications, and any other pertinent information re-
lating to proposed preliminary treatment facilities shall be
submitted for the approval of the Superintendent and of the
State Department of Health of the State of Texas, and no con-
struction of such facilities shall be commenced until said
approvals are obtained in writing.
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(8) Maintenance of preliminary treatment facilities.
Where preliminary treatment facilities are provided for any
waters or wastes, they shall be maintained continuously, in
satisfactory and effective operation, by the owner at his
expense.
(9) Manholes. When required by the Superintendent,
the owner of any property served by a building sewer 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 plans approved by the Director of Water Utilities.
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.
(10) Standard of acceptance of sewage excessive in
concentration; surcharge; determination of concentration.
Persons, firms, or corporations discharging industrial waste
which exhibit none of the characteristics of wastes prohibited
in Section 32A-4 other than excessive B.O.D. or Suspended
Solids but having a concentration in excess of "normal11 sewage
as defined in Section 32A-1(6) as "normal" domestic sewage may
be accepted for treatment if all the following requirements
are met:
1. The waste will not cause damage to the
collection system.
2. The waste will not impair the treatment
processes or plant effluent quality.
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3. The donor agrees to a surcharge over and
above sewer rates as established in Section
32-8 Code of Ordinances, City of Beaumont,
Texas.
The method for computing the surcharge shall be as set
by the following formula:
IC B + V [a(B.0.D. -. 250) +b(S.S. - 300) ]
IC - Industrial Charge
B - Basic rate for Domestic sewage as set forth in
Section 32-8 Code of Ordinances, City of
Beaumont, Texas.
a - B.O.D. surcharge factor (dollars per million
gallon per milligram per liter.)
b - S.S. surcharge factor (dollars per million
gallon per milligram per liter.)
B.O.D. - Five day Biochemical Oxygen Demand of
the industrial waste (mg/1) to be
measured at intervals from composite
samples.
S.S. - Suspended Solids of industrial waste
(mg/1) to be measured.at intervals from
composite samples.
V - Volume discharge in million gallons
per month.
The basic for surcharge on industrial waste is a capital
and operating cost of $0.23/million gallons/milligram per liter
for suspended solids and B.O.D. exceeding 10normal" sewage, such
rates to continue until changed by action of the governing body.
Surcharge shall be effective at such time as the average
daily flow from a customer exceeds 0.002% of the average daily
plant flow or at such time as the quality of the customer's
effluent exceeds 200% of the values established in Section
32A-1, Paragraph 6, for B.O.D. and Suspended Solids. Surcharge
calculations shall be based on all values of B.O.D. and S.S.
in excess of those established in Section 32A-1, Paragraph 6.
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Determination of the average concentration of strength
of the waste delivered shall be made by the City and tests
made on representative average samples collected by the City
shall be made at intervals as the City may desire. Samples
shall be taken and tests made and approved by the City and
values shall be final in fixing the applicable surcharge.
However, the Company may request in writing that parallel
sampling and tests at all times be made by the Company and the
City, in which case the surcharge may be made,.assuming City
approval of Company's test methods, using the average of com-
parable values obtained, by Company and City. The rate factor,
as established by test, for a producer will not be subject to
revision more often than once each six months.
(11) Measurements, tests and analysis. All measurements,
tests, and analyses of the characteristics of waters and wastes
to which reference is made in Section 32A-4(3) and 32A-4(7)
shall be determined in accordance with the latest edition of
91Standard Methods for the Examination of Water and Sewage",
and shall be determined at the control manhole provided for
in Section 32A-4(9) or upon suitable samples taken at said
control manhole. In the event that no special manhole has
been required, the control manhole shall be considered to be
the nearest downstream manhole in the public sewer to the
point at which the buildi-gg sewer is connected.
Section 32A-5. Protection from Damage
No unauthorized person shall maliciously, willfully,
or negligently break, damage, uncover, deface or tamper with
any structure, appurtenance, or equipment which is a part of
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the municipal sewage works. Any person violating this pro-
vision shall be subject to immediate arrest for said violation.
Section 32A-6. Power and Authority of Enforcing Agents
The Director of Water Utilities and other duly author-
ized employees of the City bearing proper credentials and
identification shall be permitted to enter upon all properties
for the purposes of inspection, observation, measurement,
sampling, and testing, in accordance with the provisions of
this ordinance.
Section 32A-7. Penalties
(1) Any person found to be violating any provision of
this ordinance except Section 32A-5 shall be served by the
City with written notice stating the nature of the violation
and providing a reasonable time limit for the satisfactory
correction thereof, said time limit to be determined by the
Director of Water Utilities, but in no event shall the time
limit for correction of the violation exceed thirty (30).days.
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 the time stated,
the Director of Water Utilities .may prohibit the further use
of the sewage system by the offender and may remove or close
the offender's sewage and water connections.
Where acids or chemicals damaging to sewer lines or
treatment processes are released to the sewer causing rapid
deterioration of these structures or interfering with proper
treatment of sewage, the Director of Water Utilities is
authorized to immediately terminate service, and the Director
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of Water Utilities, if he shall find that the same constitutes
a public nuisance, shall have the power to abate the same
forthwith'.'.
(2) Any person who shall continue any violation beyond
the time limit provided for in the preceding section shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished as provided in Section 1-8 of the Code of Ordinances
of the City of Beaumont, Texas. Each day in which any such
violation shall continue shall be deemed a separate offense.
(3) Any person violating any of the provisions of this
ordinance shall become liable to the City for any expense,
loss, or damage occasioned the City by reason of such violation.
Section 2.
That all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3.
That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a par-
ticular person, or to a particular set of circumstances, should
for any reason be held to be invalid, such invalidity shall
in no way affect the remaining portions of this ordinance, and
to such end, the various portions and provisions of this ordi-
nance are declared to be severable.
PASSED by the City Council this the Op day of
1971.
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