HomeMy WebLinkAboutORD 70-472
ORDINANCE N0.
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ENTITLED AN ORDINANCE ENACTING CHAPTER
32A OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT, BEING A CHAPTER REG-
ULATING: THE DISPOSAL OF INDUSTRIAL
WASTE IN THE CITY OF BEAUMONT, TEXAS;
PROVIDING FOR THE APPOINTMENT. OF AN
INDUSTRIAL WASTE SUPERVISOR AND A
SUPERINTENDENT OF SEWAGE TREATMENT;
REGULATING THE USE OF PUBLIC AND
PRIVATE SEWERS AND DRAINS; REGULAT-
ING THE DISCHARGE OF WATERS AND WASTES
INTO THE PUBLIC SEWER SYSTEM; PRO-
VIDING A PENALTY; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND
PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
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) "City" shall mean the City of Beaumont, Texas.
(2) "Director of Water Utilities" shall mean the
Director of Water Utilities of the City of Beaumont, Texas, or
his authorized deputy, agent, or representative.
(3) "Superintendent" shall mean the Superintendent of
Sewage Treatment of the City of Beaumont, or his authorized deputy,
agent, or representative.
(4) "Industrial Waste Supervisor" shall mean the Agent
of the Superintendent of Sewage Treatment responsible for main-
taining constant control over Liquid Industrial Wastes in the
City of Beaumont, or his authorized deputy, agent or representative.
(5) "Sewage Works" shall mean all facilities for collect-
ing, pumping, treating, and disposing of sewage.
(6) "Sewage" shall mean a combination of the water-
carried wastes from residences, business buildings, institutions,
and industrial establishments, together with such ground, surface,
and storm waters as may be present.
sewage.
(7) "Sewer" shall mean a pipe or conduit for carrying
(8). "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is controlled
by public authority.
(9) "Sanitary Sewer01 shall mean a sewer which carries
sewage and to which storm, surface, and ground waters are not
intentionally admitted.
(10) "Storm Sewer" or "Storm Drain" shall mean a sewer
which carries storm and surface waters and drainage, but excludes
sewage and polluted industrial wastes.
(11) "Sewage Treatment Plant" shall mean any arrangement
of devices and structures used for treating sewage.
(12) "Industrial Wastes" shall mean the liquid wastes
from industrial processes as distinct from sanitary sewage.
(13) "Garbage" shall mean solid wastes from the pre-
paration, cooking, and dispensing of food, and from the handling,
storage, and sale of produce.
(14) "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.
(15) "Building Drain" shall mean that part of the lowest
horizontal piping of a drainage system which receives the discharge
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.
(16) "Building Sewer" shall mean the extension from the
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building drain to the public sewer or other place of disposal.
(17) "B.O.D.01 (denoting Biochemical Oxygen Demand)
shall mean the quantity o:f oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure
in 5 days at 200C., expressed in parts per million by -weight.
(18) "pH" shall mean the logarithm of the reciprocal
of the weight of hydrogen ions in grams per liter of solution.
(19) "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.
(20) "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body or surface or
ground water.
(21) "Watercourse" shall mean a channel in which a flow
of water occurs, either continuously or intermittently.
(22) "Person" shall mean any individual, firm, company,
association, society, corporation, group, or partnership.
(23) "Shall" is mandatory; "May" is permissive.
Section 32A-2. Industrial Waste Supervisor
The Director of Water Utilities shall appoint an
Industrial Waste Supervisor, who shall receive such salary as shall
be determined from time to time by the City Council, 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.
Section 32A-3. Superintendent of Sewage Treatment
The Director of Water Utilities shall appoint a Superinten-
dent of Sewage Treatment, who shall receive such salary as shall be
determined from time to time by the City Council, 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
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carried out; to determine if the sewage collected by the sewer
collection system is treatable; and to supervise.the treatment
of the :sewage.
Section 32A-4. Use of the Public Sewers
(1) No person shall discharge or cause to be dis-
charged any storm water, surface water, ground water, roof run-
off, subsurface drainage or unpolluted industrial process waters
to any sanitary sewer.
(2) 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 Water Utilities. 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) 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,,
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.
Except as hereinafter provided, no person shall discharge
or cause to be discharged into the sewer or drainage system of
the city, directly or indirectly, any of the following described
matters, waters or wastes:
(a) Any liquid or vapor having a temperature higher
than 1500F.
(b) Any water or waste which may contain more than one
hundred (100) parts per million, by weight, or fat, oil or grease.
(c) Any gasoline, benzine, naptha, fuel oil or other
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flammable or explosive liquid, soli& 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 op-
eration 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 treat-
ment 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 capable
of causing damage or hazard to structures, equipment, and per-
sonnel of the sewage works.
(i) Any water or wastes containing a toxic or poisonous
substance, such as plating or heat treating wastes, in sufficient
quantity to injure or interfere with any sewage treatment process,
to constitute a hazard to humans or animals, or to create any
hazard in the receiving waters of the sewage treatment plant.
(j) Any cyanide greater than 1.0 part per million, as
CN.
million.
million.
(k) Any hexavalent chromium greater than 1.0 part per
(1) Any trivalent chromium greater than 10 parts per
(m) Any copper greater -than 1.0 part per million.
(n) Any nickel greater than 1.0 part per million.
(o) Any cadmium greater than 1.0 part per million.
(p). Any zinc greater than 1.0 part per million.
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(q) Any phenols greater than 10 parts per million.
(r) Any iron greater than 5 parts per million.
(s) Any tin greater than 1.0 parts per million.
(t) Any radioactive wastes greater than allowable
releases as specified by current United States Bureau of Standards
Handbooks dealing with the handling and release of radioactivity.
(4) Where the operation of a person, firm or corpora-
tion entails the discharge of water or wastes containing toxic or
poisonous substances, a written statement, on a standard form pro-
vided by the Director of Water Utilities, setting forth the nature
of the operation contemplated 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 acid 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) Grease, oil, and sand interceptors shall be pro-
vided 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 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
No
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.
(6) Where installed, all grease, oil and sand inter-
ceptors shall be maintained by the owner, at his expense, in
continuously efficient operation at all times.
(7) The admission into the public sewers of any waters
or wastes having (a) a five-day Biochemical Oxygen Demand greater
than 325 parts per million by weight, or (b) containing more than
400 parts per million by weight of suspended solids, or (c) con-
taining any quantity of substances having the characteristics
described in Section 32A-4(3), or (d) having an average daily
flow greater than 5% 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 325
parts per million and the suspended solids to 400 parts per million
by weight, or (b) reduce objectionable characteristics or con-
stituents to within the maximum limits provided for in Section
32A-4(3), or (c) 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 Superintendent
and of the State Department of Health of the State.of Texas, and no
construction of such facilities shall be commenced until said
approvals are obtained in writing.
(8) Where preliminary treatment facilities are pro-
vided for any waters or wastes, they shall be maintained con-
tinuously,in satisfactory and effective operation, by the owner
at his expense.
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(9) 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) 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 edi:tion. of 11Standard Methods for the Examination
of Water and Sewage", and shall be determined at the control man-
hole provided for in Section 32A-4(10) or upon suitable samples
taken at said control manhole. In the event that no special man-
hole 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 building sewer is connected.
(11) No statement contained in this article shall be
construed as preventing any agreement or arrangement 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, as may be established by the
City Council.
Section -32A-5.-- Protec't'ion - 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 the
municipal. sewage works. Any person violating this provision
shall be subject to immediate arrest
Section 32A.-6. Power and Authority of Enforcing Agents
The Director of Water Utilities and other duly authorized
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 pro-
viding 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 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 of-
fender's sewage and water connections.
(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. 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.
M
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That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a particular
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 ordinance are declared to
be severable.
PASSED by the City Council this the 4-t, day of
�VLrUS� 1970.
ATTEST:
City Clerk -
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- Mayor -