HomeMy WebLinkAboutORD 08-040 ORDINANCE NO. 08-040
ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE
II, DIVISION 1, SECTIONS 28-20.1, 28-20.2, 28-20.5, 28-20.6 AND
28-20.14, DIVISION 2, SECTIONS 28-21.1, 28-21.2, 28-21.3,
SUBSECTION 28-21.6(d), SECTIONS 28-21.7 AND 28-21.9,
DIVISION 3, SECTION 28-22.3, DIVISION 4, SECTIONS 28-23.2,
28-23.3 AND 28-23.4, DIVISION 5, SECTION 28-24.1,
SUBSECTIONS 28-24.2(a), (b) and (d), AND SECTION 28-24.3,
DIVISION 6, SECTIONS 28-40, 28-41 , 28-43 AND 28-44, ARTICLE
III, SUBSECTIONS 28-51(a) AND (e), 28-53(e), SECTION 28-55,
SUBSECTIONS 28-56(a) AND (b), 28-57(b)(5), (c), (e), 0), (k), (1),
(m), (n) AND (o), 28-58(b), (d)(1) AND (12), (e), (f)(2) AND (3),
(g)(1), (h), AND (i)(3) AND (4), 28-59(i)(2)c AND (q)(1)c, ARTICLE
IV, SECTIONS 28-80, 28-21 AND SUBSECTION 28-87(a),
ARTICLE V, SECTION 28-100 AND SUBSECTION 28-103(e)(3),
AND ARTICLE 28-112 THROUGH 28-115; AND REPEALING
ARTICLE IV, SECTION 28-88, ARTICLE VI, SECTIONS 28-116
THROUGH 28-120, AND ARTICLES VII, SECTIONS 28-130
THROUGH 28-140, OF THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;
AND PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to conform with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Article 11, Division 1, Section 28-20.1, be and the same is
hereby amended to read as follows:
Sec. 28-20.1. Definitions.
The following definitions shall apply in the interpretation and enforcement
of this article:
Automated containers means any containers for refuse provided by the
city having a capacity of sixty (60) to ninety-six (96) gallons and equipped with
wheels for mobility.
Building materials means any material such as lumber, brick, plaster,
gutters or other substances accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or demolition of existing
structures.
Bulk container means a metal container of not less than two (2) cubic
yards nor larger than ten (10) cubic yards, made of watertight construction with
doors opening on two (2) sides and top, and constructed so that it can be
emptied mechanically by specially equipped trucks. Containers shall be covered.
Business trash means any waste accumulation of dust, paper and
cardboard, excelsior, rags or other accumulations, other than garbage or
household trash, which are usually attendant to the operation of stores,
restaurants, offices, churches, apartments and similar businesses.
City means the City of Beaumont.
Commercial establishment means any retail, restaurant, manufacturing,
wholesale, institutional, religious, governmental or other nonresidential
establishment at which garbage or trash may be generated, and having
connection to the city's water system.
Curbline means the area directly behind the curb. In the absence of a
curb, the area directly behind the edge of pavement.
Garbage means every accumulation of animal, vegetable, and other waste
matter that attends the preparations, handling, consumption, storage or decay of
plant and animal matter, including meats, fish and seafoods, birds, fruits,
vegetable or dairy products and the waste wrappers or containers thereof.
Hazardous refuse means materials such as poison, acids, caustics,
chemical, infected materials, offal, fecal matter, and explosives or as defined by
the Texas Commission on Environmental Quality.
Household trash means every waste accumulation of paper, sweepings,
dust, rags, bottles, cans, or other matter of any kind, other than garbage, which is
usually attendant to housekeeping.
Industrial waste means all waste, including solids, semisolids, sludges and
liquids, created by factories, processing plants or other manufacturing
enterprises or as defined by the Texas Natural Resource Conservation
Commission.
Inspectors means person appointed by the department director authorized
to enforce health and sanitation, building, and sanitation codes or ordinances.
Landfill operations means a section of the solid waste division designated
to perform sanitary landfill disposal services for the public.
Litter means any manmade or man-used object, organic or inorganic
material, or solid waste and specifically includes trash which is not placed in: a
container, or an authorized sanitary waste disposal site; or another approved
area, depository, a vehicle designated for transport or disposal of litter, trash,
garbage or waste.
Loading and unloading area means any stream, river or lakeside or land
dock, space or area used by any moving vehicle for the purpose of receiving,
shipping and transporting goods, wares, commodities or persons.
Multiple residential unit means any duplex, apartments, group or
apartments or condominium used as a dwelling place for more than one family.
Person means any individual, firm, company, corporation, or association.
Postconsumer waste means a material or product that has served its
intended use and has been discarded after passing through the hands of a final
user. For the purpose of this article, the term does not include industrial or
hazardous waste.
Portable packing unit means a metal container, not exceeding four
thousand five hundred (4,500) pounds gross weight, with four (4) to six (6) cubic
yard capacity, that contains a packing mechanism and an internal or external
power unit.
Private collector means any person or firm engaging in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse.
Refuse means all putrescible and nonputrescible solid and semisolid
wastes, including garbage, rubbish, and ashes.
Refuse container means a metal or plastic container for refuse, of
substantial construction, with a tight-fitting lid, and handles sufficient for safe and
convenient handling for collection at curbside. Except for those areas served by
automated collection equipment, such containers shall have a capacity of not
more than thirty-two (32) gallons and a total weight, when full, of not more than
fifty (50) pounds or an empty weight of not more than ten (10) pounds, and shall
be kept in serviceable condition at all times. Any areas serviced by automated
collection equipment shall only use the automated containers as approved by the
director of public works. Any container which does not meet standards set by the
director of public works or his designee shall be removed. Exceptions to these
requirements may be made by the director of public works or his designee.
Residentially zoned property means property zoned for only single family
residential uses under the zoning ordinances of the city.
Roll-off/roll-on container means a unit, varying in capacity between five (5)
cubic yards and forty (40) cubic yards, which is used for collecting, storing, and
transporting building materials, business trash, industrial waste, hazardous
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refuse, refuse or yard trash. The unit may or may not use an auxiliary stationary
packing mechanism for composition of materials into the container and may be of
the open or enclosed variety. The distinguishing feature of the detachable
container is that it is picked up by a specially-equipped truck and becomes an
integral part of the truck for transporting the waste material to the disposal site.
Single residential unit means any dwelling place occupied by one family.
Small dead animals means dead cats, dogs, small household pets and
other animals of similar size.
Solid waste division means the division under the control of the director of
public works designated to perform garbage and trash collection services, landfill
waste disposal and recycling for the city.
Solid Waste Disposal Act means the Solid Waste Disposal Act, Chapter
361 of the Health and Safety Code, VTCS, as amended and under the authority
of the Texas Commission on Environmental Quality.
Tree and shrubbery trimmings means waste accumulation of tree
branches, tree limbs, parts of trees, bushes, shrubbery and cuttings or clippings
created as refuse in the case of trees or bushes.
Vacant property means property that does not contain any structure
whatsoever.
White goods means major appliances such as refrigerators, freezers,
washing machines, dryers, hot water heaters, stoves, dishwashers, etc.
Yard waste means leaves, grass clippings, yard and garden debris, and
brush, including clean woody vegetative material not greater than six (6) inches
in diameter, that results from landscaping maintenance and land-clearing
operations. The term does not include stumps, roots, or shrubs with intact root
balls.
Section 2.
That Chapter 28, Article 11, Division 1, Section 28-20.2, be and the same is
hereby amended to read as follows:
Sec. 28-20.2. Administration and enforcement.
The administration and enforcement of the provisions of this article,
including provisions for refuse collection throughout the city, by both private
contractors and the city, shall be primarily the duty of the solid waste division with
assistance from other city departments.
Section 3.
That Chapter 28, Article 11, Division 1, Section 28-20.5, be and the same is
hereby amended to read as follows:
Sec. 28-20.5. Same--Response.
The party whom receives a notice of violation by certified mail, will pay the
fee assessment set forth herein below as in full satisfaction of such violation. The
fee assessment will be included on the water bill for payment in accordance with
section 28-24.6. Continued violation of the section in 28-20.3 may result in
termination of garbage service and institution of legal action.
For violation of section:
Fee Assessment
28-20.8.......................................... ..........
28-20.11 ............................................................................................$15.00
28-20.12............................................ ...................
28-20.13............................................................................................
$15.00
28-21.1 ..............................................................................................$10.00
28-21.3..............................................................................................
$10.00
28-21 .4..............................................................................................$10.00
28-21.8..............................................................................................$15.00
Section 4.
That Chapter 28, Article II, Division 1, Section 28-20.6, be and the same is
hereby amended to read as follows:
Sec. 28-20.6. Violation of article.
Unless otherwise specifically provided, a violation of any provision of this
article shall constitute a Class C misdemeanor and, unless the penalty for such
violation is paid in accordance with section 28-20.3 through 28-20.5 of this
article, upon conviction thereof, the court may impose a fine of not less than
twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00).
Section 5.
That Chapter 28, Article 11, Division 1, Section 28-20.14, be and the same
is hereby amended to read as follows:
Sec. 28-20.14. Interference with or damaging containers.
No person, other than employees of the city charged with such duty, shall
interfere with the contents of any refuse container set out for removal by the city
or any private collection agency, unless authorized by the director of public works
or his designee. It shall be unlawful for any person to damage or destroy any
refuse container placed at the curbline for collection.
Section 6.
That Chapter 28, Article II, Division 2, Section 28-21.1, be and the same is
hereby amended to read as follows:
Sec. 28-21.1. Containers generally.
All refuse to be collected by the city shall be stored in proper containers
between times of collection. Any container provided by the city shall not be filled
to exceed two hundred (200) pounds total weight and all refuse therein must fit
inside the container. The cover of any container shall be kept on at all times
except when the container is being filled, emptied or cleaned. Animal waste and
ashes shall be wrapped separately from other refuse in a manner to prevent
spillage prior to placing the same in a container. All areas serviced by the city
shall use ninety-gallon round or ninety-six-gallon containers as approved by the
director of public works. All refuse shall be placed within the automated
containers. No other type of container is permitted for use in the automated
collection areas. Exceptions to these requirements may be made by the director
of public works or his designee.
Section 7.
That Chapter 28, Article 11, Division 2, Section 28-21.2, be and the same is
hereby amended to read as follows:
Sec. 28-21.2. Solid waste collection service.
Standard residential solid waste collection service shall include:
(1) Once a week collection of one garbage container and bagged or
containerized yard waste. All materials shall be collected by
separate vehicles on the same day as designated by the director of
public works or his designee.
(2) Twice monthly collection of oversized tree and shrubbery
trimmings, household trash, and bulky items such as major
appliances or furniture.
To receive service, the dweller of the property shall be current on the
garbage collection service fee in accordance with section 28-24.1.
Residential and commercial accounts are limited to three (3) containers. If
additional containers are obtained and then discontinued, there will be a six (6)
month waiting period to reapply for additional containers. Requests for additional
containers must be submitted in writing to the public works department. The
person whose name appears on the account must sign the request.
Section 8.
That Chapter 28, Article II, Division 2, Section 28-20.1, be and the same is
hereby amended to read as follows:
Sec. 28-21.3. Points of collection.
(a) Refuse containers and yard waste which are collected by the city, shall be
placed on the curbline of a city right-of-way abutting their property by 7:00
a.m. on scheduled day of collection. All containers must be removed from
the curbline by 8:00 p.m. after collection on the day of collection.
(b) Garbage and trash collection service on private property may be provided,
when alleys or streets of sufficient width are available and all of the
adjoining property owners or the owners association by written document
indemnify the city for damages to curbs, alleys, pavements, and the
private property of residents served.
(c) Some residents serviced by automated collection equipment may be
required to place the automated containers on the opposite side of the
street from their residence. Solid waste vehicles may travel against the
flow of traffic on a one-way street when so equipped with appropriate
warning devices.
Section 9.
That Chapter 28, Article II, Division 2, Subsection 28-21.6(d), be and the
same is hereby amended to read as follows:
Sec. 28-21.6. Storage or preparation of yard trash, limbs, shrubbery, etc.
for collection.
(d) Collection of items such as building debris (lumber), shingles, siding,
insulation, brick, dirt, plaster, sand, gravel, large automobile parts, scrap
metal, wire, dead animals and other bulky or heavy material shall not be
included in the regular garbage and trash collection service furnished by
the solid waste division. The owner shall have such debris removed at his
own expense.
Section 10.
That Chapter 28, Article II, Division 2, Section 28-21.7, be and the same is
hereby amended to read as follows:
Sec. 28-21.7. Forking of debris flooded or washed upon private property.
On seasonal occasions, when various types of debris from public
waterways, highways or drainage systems is either flooded or washed upon
private property (commercial or residential), and when carted to the curbline for
collection by the city, the director of public works or his designee may authorize
the forking of such accumulations of debris not in containers or stacked as
normally required by this article.
Section 11.
That Chapter 28, Article II, Division 2, Section 28-21.9, be and the same is
hereby amended to read as follows:
Sec. 28-21.9. Collection of white goods.
White goods must have doors taped shut or removed before placing on
city streets. White goods must be totally separated from all other waste to allow
for separate collection. White goods are prohibited from being buried on the
landfill. White goods allowed at the landfill must be deposited in the white goods
recycling area as directed by the landfill personnel. It shall be unlawful to deposit
any materials other than white goods in the white goods recycling areas.
Section 12.
That Chapter 28, Article II, Division 3, Section 28-22.3, be and the same is
hereby amended to read as follows:
Sec. 28-22.3. Inspection of containers and vehicles.
All containers and vehicles owned or operated by private refuse collectors
shall be subject to inspection by officials of the public works department to insure
safety compliance and to insure that proper lids or covers are provided to prevent
litter problems.
Section 13.
That Chapter 28, Article II, Division 4, Section 28-23.2, be and the same is
hereby amended to read as follows:
Sec. 28-23.2. Same--Disposal permit.
(a) No person engaged in the business of collecting solid waste, refuse,
debris or garbage shall deposit such material at any city refuse disposal
area, unless he has a current refuse disposal permit issued by the director
of public works or his designated agent.
(b) The fee for a permit required by this section shall be twenty-five dollars
($25.00) per vehicle per year or any part thereof. Each such permit shall
expire on December 31 of each year.
(c) When a permit is issued under this section, a decal shall be issued for
each vehicle listed on the permit. Such decal shall be affixed to the left
side of the vehicle windshield at all times when it is being used at any city
refuse disposal area.
(d) The director of public works, or his designee, is hereby authorized to
revoke or suspend any permit issued under this section, to prevent the
holder thereof from utilizing the city refuse disposal areas, for good cause.
Section 14.
That Chapter 28, Article II, Division 4, Section 28-23.3, be and the same is
hereby amended to read as follows:
Sec. 28-23.3. Hours of operation.
The director of public works, with the approval of the city manager, is
hereby authorized to establish reasonable hours of operation for the city landfill.
Section 15.
That Chapter 28, Article II, Division 4, Section 28-23.4, be and the same is
hereby amended to read as follows:
Sec. 28-23.4. Determination of acceptability of deposits.
The director of public works, or his desigee, shall have the authority to
determine what solid waste, refuse or garbage shall be acceptable for deposit at
the city landfill.
Section 16.
Ili That Chapter 28, Article 11, Division 5, Section 28-24.1, be and the same is
I
hereby amended to read as follows:
Sec. 28-24.1. Collection and removal charges--Residential service.
(a) The solid waste division shall systematically collect and remove garbage,
trash and yardwaste from premise used for residential purposes. All
residences in the city are subject to, and the owners or occupants are
required to pay a collection services fee except:
(1) Residences from which the owners or occupants are serviced by a
private collector as defined in this article.
(2) Residences on which the owners or occupants use an on-property
disposal method that is approved by the city, county, and state.
(3) Residences that are vacant and water service for which is
discontinued.
(4) Owners of vacant residences who do not require water service will
not be required to pay a garbage and trash collection fee.
(b) Garbage and trash rates. No rate adjustment will be made for temporary
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nonuse of service. Nonpayment of the collection services fee shall be
sufficient grounds for discontinuance of city water service. The rate for
collection outside the city limits shall be one hundred fifty (150) per cent of
the rate established for service inside the city limits. No type of service will
be offered residences exempted under section 28-20.9(c) or for vacant
lots except as provided in section 28-21.12. If a business is located in a
part of a residence, a collection services fee shall be charged for each
connection to the city's water system. The following monthly rates apply
for collection services.
(1) The monthly rate for standard collection services per household
unit shall be fourteen dollars ($14.00) and shall consist of the
following elements:
Garbage and trash collection..................................................$13.50
Litterremoval..............................................................................0.50
The monthly fee for an additional container is two dollars and fifty
cents ($2.50) per month. Single-family and owner-occupied
residential units will be charged a litter removal fee at a rate of fifty
cents ($0.50) per unit. Multifamily dwellings and/or rented
properties of two (2) or more units will be charged a litter removal
fee at a rate of twenty-five cents ($0.25) per unit.
(2) The monthly collection fee for senior citizens shall be twelve dollars
and sixty-five cents ($12.65) and shall consist of the following
elements:
Senior citizen garbage and trash collection ............................$12.15
Litterremoval fee........................................................................0.50
The senior citizen garbage and trash collection fee shall apply to
customers residing in single-family residences who are sixty-five
(65) years of age or older. To obtain the senior citizen garbage and
trash collection rate, eligible persons must file a sworn application
on a form provided therefor with the central collections division. The
rate shall remain in effect so long as the customer residing in the
single-family residence is sixty-five (65) years of age or older.
Section 17.
That Chapter 28, Article II, Division 5, Subsections 28-24.2(a), (b) and (d),
be and the same are hereby amended to read as follows:
Sec. 28-24.2. Same--Public, business and commercial establishments.
(a) Applicability. All commercial establishments in the city are required to pay
a collection services fee except:
(1) Institutions that haul their own garbage.
(2) Institutions that have a private collector.
(3) Institutions that use an on-property disposal method that is
approved by the city, county, and state.
(4) Institutions that are vacant and the water service is discontinued.
(b) Nonpayment of the collection services fee shall be sufficient grounds for
discontinuance of city water and sewer serving the location.
(d) Commercial establishments may be provided, at their option, the same
refuse container service provided to residents. No separate trash service
will be provided to commercial establishments for trees, shrubs, white
goods, or yard waste.
Section 18.
That Chapter 28, Article II, Division 5, Section 28-24.3, be and the same is
hereby amended to read as follows:
Sec. 28-24.3. Collection of charges.
The charges fixed herein for the removal and disposal of all garbage and
trash shall be entered by the city against the owner or occupant using or
occupying any building or structure receiving such service. To avoid duplication
in billing and as a convenience to the public, the city shall include such charges
on the monthly city invoice. Any person who shall fail or refuse to pay the charge
herein specified within fifteen (15) days from the date of the bill shall have his
garbage service suspended and the director of public works shall be notified
immediately for appropriate action in accordance with the provisions of this
article.
Section 19.
That Chapter 28, Article II, Division 6, Section 28-40, be and the same is
hereby amended to read as follows:
Sec. 28-40. Disposal permit; condition for issuance of permit.
Upon filing of an application, the landfill superintendent shall grant such
permit if the following conditions have been met:
(1) Provision is available to lawfully dispose of the garbage, trash,
waste or refuse within the city landfill;
(2) The provisions of this article have been met;
(3) The proposed removal and disposition of such garbage, trash,
waste or refuse will not create a public nuisance;
(4) The vehicle for conveyance has been inspected and measured by
the landfill division; and
(5) Applicant has been current in payment for previous disposal
services.
Section 20.
That Chapter 28, Article 11, Division 6, Section 28-41, be and the same is
hereby amended to read as follows:
Sec. 28-41. Revocation of permit; appeal.
The permit herein authorized to be issued may be revoked by the landfill
superintendent at any time for the violation of or noncompliance with any of the
provisions of this article or the conditions under which it was issued and
immediately upon such revocation, the permit issued thereunder shall be
surrendered to the landfill superintendent or any of his duly authorized
representatives; however, any person feeling aggrieved by such revocation shall
have the right to appeal to the director of public works for redress, and such
appeal shall be made either by personal appearance on the part of the aggrieved
party or by written communication addressed to the director of public works
setting forth the cause of complaint.
Section 21.
That Chapter 28, Article 11, Division 6, Section 28-42, be and the same is
hereby amended to read as follows:
Sec. 28-42. Landfill--Vehicles entitled to unload.
All persons or businesses hauling into the city landfill shall deposit such
material only in the place designated by a landfill attendant. Such dumping shall
only be from Monday through Saturday during the hours of operation as
determined by the public works director.
Section 22.
That Chapter 28, Article II, Division 6, Section 28-43, be and the same is
hereby amended to read as follows:
Sec. 28-43. Same--Unauthorized removal of material from.
It shall be unlawful for any person to remove trash, waste or refuse, or any
material from the city landfill without the written permission of the director of
public works or his designee.
Section 23.
That Chapter 28, Article II, Division 6, Section 28-44, be and the same is
hereby amended to read as follows:
Sec. 28-44. Same--Materials not accepted.
Entrance to and dumping of the following at the city landfill shall not be
allowed without prior approval of the public works director or his designee:
(1) Junk automobiles;
(2) Human excrement;
(3) Inflammable liquids;
(4) Dangerous chemicals;
(5) Insecticides;
(6) Industrial chemicals or industrial solid waste;
(7) Waste oil or grease;
(8) Liquid waste;
(9) Other waste prohibited from landfill disposal by the Solid Waste
Act.
Section 24.
That Chapter 28, Article III, Subsections 28-51(a) and (e), be and the
same are hereby amended to read as follows:
Sec. 28-51. Wastewater service rates.
(a) Effective July 1 in each year as shown below, the following rates per
month shall be the rates charged for wastewater services furnished to
customers within and outside of the corporate limits of the city where the
wastewater produced by such customers is a normal strength wastewater
(150 mg/1 lb) except as provided in paragraph (b) of this section.
WATER/WASTEWATER RATE INCREASES
JUNE 15, 2004
MINIMUM MONTHLY RATES
WASTEWATER
TABLE INSET:
Meter Inside City Outside City
Size/Inches 2004 2005 2006 2004 2005 2006
5/8 $4.61 $4.79 $4.98 $6.91 $7.19 $7.47
1 4.68 4.87 5.07 7.02 7.31 7.60
1 1/2 4.76 4.95 5.15 7.14 7.43 7.72
2 5.17 5.38 5.60 7.76 8.07 8.39
3 5.85 6.08 6.33 8.78 9.13 9.49
4 8.58 8.93 9.28 12.87 13.39 13.93
6 14.05 14.61 15.20 21.07 21.92 22.79
8 17.18 17.87 18.58 25.77 26.80 27.88
10 23.43 24.37 25.34 35.15 36.55 38.01
12 29.66 30.85 32.09 44.50 46.28 48.13
Usage rate Minimum Minimum Minimum Minimum Minimum Minimum
first 1,000
gallons
Over 1,000
gallons $ per $2.21 $2.30 $2.39 $3.32 $3.45 $3.59
1,000
gallons
(e) Commercial and industrial sewer usage charges shall be based on one-
hundred (100) percent of the metered water usage. In circumstances
where a commercial or industrial customer desires a credit for metered
water being consumed but not being returned to the sanitary sewer, it
shall be the responsibility of the user to furnish to the director of water
utilities an engineering report, certified by a professional engineer, that
justifies and supports the discharge reduction as being a continuous
normal part of the process. Based on the data provided, the director of
water utilities may estimate said return or require submetering of the
process water. Meter used for submetering shall be furnished at the
customer's expense and shall be approved by the director of water
utilities.
Section 25.
That Chapter 28, Article III, Subsection 28-53(e), be and the same is
hereby amended to read as follows:
Sec. 28-53. Connection to water and sewer systems and fees.
(e) Connection permits required; applications. Application for connection
permits shall be made in writing to the building official by the property
owner or his authorized agent.
Section 26.
That Chapter 28, Article III, Section 28-55, be and the same is hereby
amended to read as follows:
Sec. 28-55. Water and sewer service outside city.
No water or sewer service shall be furnished any subdivision outside the
city unless and until a plan, plat or replat shall have been first approved in the
manner provided by law. If such a plan, plat or replat shall have been so
approved in accordance with the state statutes, the city may, if it is deemed
advisable, furnish water service to premises outside the city limits of the city,
under the following rules:
(1) Any person residing outside of the city desiring to use city utilities
shall make a pp lication to the water department requesting service
which shall state the location of the premises to be served and the
purpose for which service is to be used. Such application shall be
made upon blanks furnished by the city and shall be signed by the
agent or owner of the property to be served, and he will become
liable for charges for water furnished under such services, and
subject to the same remedial action as for service inside the city.
(2) Water services to customers outside the city limits shall be
rendered at a rate that is equal to one hundred fifty (150) per cent
of the rate established inside the city limits.
Section 27.
That Chapter 28, Article III, Subsections 28-56(a) and (b), be and the
same are hereby amended to read as follows:
Sec. 28-56. Fluoridation of water supply.
(a) A source of fluoride ion approved by the Texas Department of State
Health Services shall be added to the water supply of The City of
Beaumont, under the rules and regulations of the Texas Commission on
Environmental Quality, such addition to be administered by the director of
water utilities of the city in a manner approved by the health officer of the
city.
(b) The addition of fluoride shall be in amounts recommended by the Texas
Department of State Health Services, not to exceed more than one (1)
art of fluoride to eve million parts of water being distributed in the water
p every
supply .I system of the city.
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Section 28.
That Chapter 28, Article III, Subsections 28-57(b)(5), (c), (e), (j), (k), (1),
(m), (n) and (o), be and the same are hereby amended to read as follows:
Sec. 28-57. Cross-connection control and prevention.
(b) Cross-connections prohibited.
(5) No water service connection shall be made to any establishment
where a potential or actual contamination hazard exists unless the
public water supply is protected in accordance with the rules and
regulations of the Texas Commission on Environmental Quality
(TCEQ) and this section. Water service shall be discontinued by the
city if a required backflow prevention assembly is not installed,
maintained, and tested in accordance with TCEQ Rules and this
section.
(c) Definitions. The following definitions shall apply to this section:
Air gap. The unobstructed vertical distance through free atmosphere
between the lowest opening from any pipe or faucet conveying water or waste to
a tank, plumbing fixture, receptor, or other assembly and the flood level rim of the
receptacle. These vertical, physical separations must be at least twice the
diameter of the water supply outlet, never less than one (1) inch (25 mm).
Auxiliary supply. Any water supply on or available to the premises other
than the city's approved public water supply. These auxiliary waters may include
water from another purveyor's public potable water supply or any natural
sources, such as, but not limited to a well, spring, river, stream, used waters, or
industrial fluids. These waters constitute an unacceptable water source over
which the city does not have sanitary control.
Backflow. The undesirable reversal of flow in a potable water distribution
system as a result of a cross-connection.
Backflow prevention device or assembly. Any mechanical or physical
means to prevent backflow into the potable water system, including reduced
pressure backflow assemblies, double-check valve assemblies, atmospheric
vacuum breakers, pressure vacuum breaker assemblies, or air gap. All backflow
prevention assemblies must be approved by the city and shall have been
manufactured in full conformance with the standards established by the
American Water Works Association and have met completely the laboratory and
field performance specifications of the Foundation for Cross-Connection Control
and Hydraulic Research of the University of Southern California established by
"Specification of Backflow Prevention Assemblies" of the most current issue of
the Manual of Cross-Connection Control.
City or the city. The City of Beaumont, Texas or its authorized
representative, which, for the purposes of implementation and enforcement of the
backflow prevention program, shall normally mean representatives of water
utilities.
Commission or TCEQ. Texas Commission on Environmental Quality,
regulatory agency of the state.
Cross-connection. Any actual or potential connection or structural
arrangement between a potable water supply system and any plumbing fixture or
any tank, receptacle equipment or device, through which it may be possible for
any nonpotable, used, unclean, polluted and/or contaminated water, or other
contaminant, to enter into any part of such potable water system under any
condition or set of conditions.
Double check valve assembly. A backflow prevention assembly which
consists of two internally loaded check valves, either spring loaded or internally
weighted, installed as a unit between two tightly closing resilient-seated shutoff
valves and fittings with properly located resilient-seated test cocks.
Person. Any individual, partnership, associations, corporations, firms,
clubs, trustees, receivers, and bodies politic and corporate.
Plumbing code. The city's plumbing code as adopted under section 6-144
of the Code of Ordinances of the city.
Potable water supply. Any water supply intended or used for human
consumption or other domestic use.
Public water system or supply. Any public or privately owned water system
which supplies water for public domestic use. The system will include all
services, reservoirs, facilities, and any equipment used in the process of
producing, treating, storing, or conveying water for public consumption. For the
purposes of this section, this shall normally mean the public water supply
maintained by the city.
Premises. Any piece of property to which water is provided, including all
improvements, mobile structures, and structures located on it.
Recognized backflow prevention assembly tester. An individual meeting
the requirements of the most recent revisions to Title 30, Texas Administrative
Code § 290.44(h)(4) and holding a current endorsement from the Texas
Commission on Environmental Quality or its designated agent, for the type of
assembly being tested.
Reduced pressure principle assembly. A backflow prevention assembly
consisting of two independently acting approved check valves together with a
hydraulically operating, mechanically independent pressure differential relief
valve located between the check valves and below the first check valve. These
units are located between two tightly closing resilient-seated shutoff valves as an
assembly and equipped with properly located resilient-seated test cocks.
Water utilities director. Person in charge of the city water utilities
department or his/her designated representative.
(e) Cost of compliance. The cost of complying with these regulations shall be
the responsibility of the property owners and their lessees. These costs
include but are not limited to the purchase, installation, testing, and repair
of backflow prevention assemblies. These costs shall also include point-
of-use and premise isolation assemblies.
Q) Abatement by city.
(1) The city shall conduct a plumbing inspection or customer service
inspection on any residential or commercial establishment served
by the city's public water supply prior to providing continuous water
service to all new construction, on any existing service when the
water utilities director has reason to believe that cross-connections
or other contaminant hazards exist, or after any material
improvement, correction, or addition to the customer's private
distribution facilities. The purpose of the inspection is to determine
compliance with this section and applicable portions of the city's
plumbing code relating to cross-connection control and unsafe
plumbing practices. Upon determination by the city that the
residential or commercial establishment falls under the provisions
of this section and requires a backflow prevention assembly, the
water utilities director shall issue a notice to abate the condition or
order the establishment to install the proper backflow prevention
assembly(ies) commensurate with the degree of hazard. A copy of
the notice which is issued or caused to be issued by the water
utilities director shall be forwarded to the chief plumbing inspector
of the city.
(2) An approved backflow prevention assembly shall be installed on
each service line or point of delivery to a consumer's water system
whenever the following conditions exist:
a. In the case of premises having an auxiliary water supply
which is not or may not be of safe bacteriological or chemical
quality and which is not acceptable as an additional source
by the TCEQ or the city, the public water system shall be
protected against backflow from the premises by installing
an approved backflow prevention assembly in the service
line commensurate with the degree of hazard.
b. In the case of premises on which any industrial fluids or any
other objectionable substance is handled in such a fashion
as to create an actual or potential hazard to the public water
system, the public system shall be protected against
backflow from the premises by installing an approved
backflow prevention assembly in the service line
commensurate with the degree of hazard. This shall include
the handling of process waters and waters originating from
the city's public water system which have been subject to
deterioration in quality.
C. In the case of premises having (1) internal cross-connections
that cannot be permanently corrected or protected against,
or (2) intricate plumbing and piping arrangements or where
entry to all portions of the premises is not readily accessible
for inspection purposes, making it impracticable or
impossible to ascertain whether or not dangerous cross-
connections exist, the city's public water system shall be
protected against backflow from the premises by installing
an approved backflow prevention assembly in each service
line.
(3) Using the city's plumbing code, TCEQ regulations and guidelines,
and American Water Works Association (AWWA)
recommendations, the water utilities director shall designate the
type of backflow prevention assembly required for each type of
establishment or hazard. In the case of conflict between these
references, the more stringent standard shall apply.
(4) Any backflow prevention assembly required by this section shall be
of a model and size approved by the water utilities director.
(k) Fire hydrant protection. An approved double check valve backflow
prevention assembly or reduced pressure zone backflow prevention
assembly shall be the minimum protection for fire hydrant water meters
which are being used for a temporary water supply during any
construction or other uses which would pose a potential hazard to the
city's public water supply. A reduced pressure zone backflow prevention
assembly must be installed if any contaminant other than the potable
water can be introduced into the system.
h responsibility of all ersons engaging in the use and rental
(1) It is the p
of a fire hydrant water meter to abide by the conditions of this
section. All fire hydrant water meter rentals shall meet the current
requirements as provided for by the customer service section and
water distribution section.
(2) Only fire hydrant water meters with approved backflow prevention
assemblies are allowed to be used on fire hydrants in the city public
water supply system. All fire hydrant meters shall be obtained from
the city water utilities department.
(3) A deposit is required to ensure the return of all water meters and
backflow prevention assemblies to the water distribution section.
Failure to return the assemblies will result in forfeiture of the deposit
and enforcement action may be taken against the responsible
party, as allowed for in the penalty section of this section.
(4) Non-approved fire hydrant meters which are found to be in use in
the city's public water system will be confiscated and not returned.
Enforcement action may be taken against the responsible party, as
allowed for in the enforcement section of this section.
(5) It shall be a violation of this section for anyone other than
authorized employees of the city to open, tamper with, or use water
from any fire hydrant without the express written permission of the
city water utilities department.
(I) Installation requirements. Backflow prevention assemblies shall be
installed in accordance with the following requirements, to ensure their
proper operation and accessibility:
(1) Backflow prevention assemblies shall be installed in accordance
with the city's plumbing code and the manufacturer's instructions.
All backflow prevention assemblies installed in accordance with this
section shall be tested upon installation by a recognized backflow
prevention assembly tester. The test report shall be sent to the
water utilities department within ten (10) days of the installation.
The assembly installer shall obtain the required plumbing permits
prior to installation as required by the city's plumbing code.
(2) No part of a reduced pressure principle backflow prevention
assembly shall be located in water or installed in a pit or other
location subject to flooding. If a double check valve assembly is
installed in a vault, brass plugs shall be maintained in the test ports
at all times and adequate drainage shall be provided.
(3) When a backflow prevention assembly is installed to serve an
entire establishment, the assembly shall be installed at the service
connection of the water supply, before any branch in the line, and
on private property located just inside the boundary of the city's
right of way. The water utilities director may specify additional areas
for installation of assemblies if needed.
(4) Backflow prevention assemblies shall be protected from freezing
and other severe weather conditions.
(5) All vertical installations shall be approved in writing by the water
utilities director prior to installation.
(6) Backflow prevention assemblies shall be readily accessible with
adequate room for maintenance and testing. Assemblies two (2)
inches and smaller shall have at least six-inch clearance on all
sides of the assembly. All assemblies larger than two (2) inches
shall have a minimum clearance of twelve (12) inches on the back
side, twenty-four (24) inches on the test cock side, twelve (12)
inches below the assembly, and thirty-six (36) inches above the
assembly. "Y" pattern double check valve assemblies shall be
installed so that the checks are horizontal and the test cocks face
upward.
(7) If an assembly is installed five (5) feet or higher above the ground
or floor, it shall be equipped with a suitable platform for use by
testing or maintenance personnel. This installation shall meet all
applicable Occupational Safety and Health Administration (OSHA)
regulations and occupational safety and health laws of the state.
(8) Bypass lines are prohibited. Pipe fittings which could be used for
connecting a bypass line shall not be installed.
(m) Annual inspections and maintenance.
(1) Regular inspections and testing of mechanical backflow prevention
assemblies shall be conducted at least once per year by a
recognized backflow prevention assembly tester on backflow
prevention assemblies which are installed to provide protection
against health hazards, as defined by TCEQ rules, AWWA
standards, or as determined by the water utilities director. The
water utilities director may also require more frequent testing in
certain applications to protect against high health hazards. If upon
inspection of the backflow prevention assembly, it is deemed to not
be operating properly, it is the responsibility of the establishment to
immediately make all necessary repairs. It is the responsibility of
the tester to report all assemblies found not to be operating
correctly to the water utilities department. Test reports shall be
submitted to the water utilities department within ten (10) working
days of the test. Only tests conducted by recognized backflow
prevention assembly testers and which are reported correctly on
city report forms shall be in compliance with this section.
(2) The maintenance and repair of any backflow prevention assembly
shall be the responsibility of the property owner of the premises, the
lessee of the premises, or both. The backflow prevention assembly
is to be installed and maintained in proper working order at all
times, including repair as required. All maintenance and repair of
assemblies or assemblies shall be in accordance with all applicable
regulations of the TCEQ and with acceptable industry practice. In
the event that the water to an establishment may not be turned off
for testing of the backflow prevention assembly, the establishment
shall be equipped with dual backflow prevention assemblies of the
same type so that testing, repair, and maintenance may be
performed.
(3) No backflow prevention assembly shall be removed from use,
relocated, or other assembly substituted without the approval of the
water utilities director. Whenever an existing backflow prevention
assembly is moved from its present location or cannot be repaired,
the assembly shall be replaced with a backflow prevention
assembly in compliance with this section. The new assembly shall
be installed and tested in compliance with this section.
(4) Test gauges used for backflow prevention assembly testing shall be
calibrated at least annually in accordance with the American Water
Works Association's Recommended Practice for Backflow
Prevention and Cross-Connection Control (Manual M14) or the
University of Southern California's Manual of Cross-Connection
Control. The water utilities director may require calibration reports
or other documentation of compliance with this requirement.
(5) City personnel may perform inspections and request testing of
backflow prevention assemblies while they are present to verify
proper testing and to determine the proper operation of assemblies.
The city shall not be liable for damage caused to any backflow
prevention assembly as a result of the inspection or testing.
(n) Emergency suspension of water utility service.
(1) The water utilities director may, without prior notice, suspend water
service to any premises when such suspension is necessary to
stop an actual or threatened backflow which:
a. Presents or may present imminent and substantial danger to
the environment or to the health or welfare of persons; or
b. Presents or may present imminent and/or substantial danger
to the city's public water supply.
(2) As soon as is practical after the suspension of service, the water
utilities director shall notify the owner or person in charge of the
premises of the suspension, in person or by certified mail, return
receipt requested, and shall order such person to correct the cross-
connection which allowed the backflow to occur. When time
permits, the water utilities director should also notify the owner or
person in charge prior to suspending water service.
(3) The water utilities director shall not reinstate suspended services
until:
a. The person presents proof, satisfactory to the water utilities
director, that the hazard has been eliminated and its cause
determined and corrected;
b. The person pays the city for all costs the city incurred in
responding to the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in
reinstating service.
(4) A person whose service has been suspended, may appeal such
enforcement action to the water utilities director, in writing, within
ten (10) days of notice of the suspension.
(5) A person commits an offense if the person reinstates water service
to the premises suspended pursuant to this section, without the
prior written approval of the water utilities director.
(o) Non-emergency termination of water utility service.
(1) The water utilities director may terminate the city provided water
supply of any user who violates the following conditions:
a. Refusing the water utilities director reasonable access to the
water user's premises for the purpose of inspection;
b. Hindering or denying the water utilities director access to
backflow prevention assemblies;
C. Failing to install maintain, or test backflow prevention
assemblies as required by the water utilities director and this
section; or
d. Failing to install, maintain, and operate their piping and
plumbing systems in accordance with the city's plumbing
code.
(2) The water utilities director will notify a water user in writing of the
proposed termination of its water supply by certified mail, return
receipt requested. The water user may petition the water utilities
director for a reconsideration of the decision.
(3) Exercise of this enforcement option by the water utilities director
shall not be a bar to, nor a prerequisite for, taking any other action
against the water user.
(4) The water utilities director shall not reinstate suspended services
until:
a. The person presents proof, satisfactory to the water utilities
director, that the condition has been eliminated and its cause
determined and corrected;
b. The person pays the city for all costs the city incurred in
responding to the backflow or threatened backflow; and
C. The person pays the city for all costs the city will incur in
reinstating service.
(5) A person commits an offense if the person reinstates water service
to the premises terminated pursuant to this section, without the
prior written approval of the water utilities director.
Section 29.
That Chapter 28, Article III, Subsections 28-58(b), (d)(1) and (12), (e),
(f)(2) and (3), (g)(1), (h) and (i)(3) and (4), be and the same are hereby amended
to read as follows:
Sec. 28-58. Grease and grit traps.
(b) Definitions.
Biochemical oxygen demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure in
five (5) days at twenty (20) degrees Celsius.
Bioremediation media. Bacterial cultures, enzymes, or other media which
are designed to eliminate or reduce the need for the mechanical cleaning of
grease traps.
City or the city. The City of Beaumont, Texas, or its authorized
representative, which, for the purposes of implementation and enforcement of the
grease and grit trap program, shall normally mean representatives of water
utilities.
Commercial grease generator. All commercial food preparation and food
service establishments that may discharge grease including, but not limited to
bakeries, caterers, butcher shops, cafes, clubhouses, delicatessens, hospitals,
hotels, restaurants, schools, institutions, or similar places where meat, poultry,
seafood, dairy products, fried foods or other foods are prepared or served, but
shall not apply to any residence not used for the commercial preparation and
sale of food items or to an exempt establishment.
Commercial/industrial grit generator. All commercial or industrial
generators of liquid waste containing petroleum-based oil and grease wastes,
and inorganic solids including, but not limited to automotive or heavy machinery
repair and/or washing facilities. Those facilities monitored under the city's
federally and state approved pretreatment program shall be exempted from the
provisions of this section.
Director. The person in charge of water utilities for the city, or his/her
authorized representative.
Exempt establishment. A commercial establishment that:
(1) Operates for a maximum duration of ten (10) days in connection
with an annual event such as a fair, carnival, circus, public
exhibition, or other public gathering;
(2) Sells or serves prepackaged or precooked foods that would require
warning only or served without additional processing, no cooking;
(3) Serves only snow cones, drinks, or ice cream products;
(4) Bars and clubs serving drinks only and where no food is prepared;
(5) Produce markets without food grinders;
(6) Grocery or convenience stores without food preparation, meat
cutting, or packaging, delicatessens, or bakeries;
(7) Day care centers who primarily serve microwave dishes, using
single service items.
Food. Any substance, whether solid or liquid, and whether animal,
vegetable, or fruit origin, intended to be used or commonly used as a food for
human consumption.
Food establishment. Any place where food is manufactured, packaged,
produced, processed, prepared, or served for commercial, public, or facility
resident consumption. The term includes any such place regardless of whether
there is a charge for the food. The term does not include private homes where
food is prepared for individual family consumption.
Generator. A person who causes creates, generates, stores, or otherwise
produces liquid waste or owns property upon which liquid waste is caused,
created, generated, stored, or produced, including but not limited to grease trap
waste, grit trap waste, and food waste as a by-product of a domestic or
nondomestic activity other than merely as a result of mere residence at a
nonbusiness location. "Generator" as used in this section includes both a
commercial grease generator and a commercial/industrial grit generator.
Grease trap. A receptacle utilized by commercial or industrial generators
of liquid waste to intercept, collect, and restrict the passage or organic, inorganic,
greasy or fatty liquid, semi-liquid, and/or solid wastes into both public and private
sanitary sewers to which the receptacle is directly or indirectly connected.
Grease trap waste. Any organic, inorganic, greasy or fatty liquid, semi-
liquid, and/or solid wastes collected by and ultimately removed from a grease
trap for proper disposal.
Grit trap. A receptacle utilized by commercial or industrial generators of
liquid waste to intercept, collect, and restrict the passage of petroleum-based oil
and grease wastes and inorganic or other solids into private and public sanitary
sewers to which the receptacle is directly or indirectly connected.
Grit trap waste. Oil and grease wastes and inorganic solids generated by
commercial, industrial, automotive or heavy machinery repair and/or washing
facilities that are collected by and ultimately removed from a grit trap for disposal.
Manifest. The written, multi-part documentation detailing the generator of
the grease trap waste, who the transporter is, and the disposal facility for the
waste.
POTW. Publicly owned treatment works as defined in 40 CFR Section
403.3, including any amendments thereto; the municipal wastewater treatment
system including the sanitary sewer system.
Sampling port or sample well. An approved device or manhole installed in
the facility sewer specifically designed to facilitate sampling of the wastewater
discharge.
Sanitary sewer. System of pipes, conduit, manholes, and treatment
facilities owned or operated by the city which collect, transport, and treat sanitary
sewage, and to which storm, surface, and ground waters are not intentionally or
normally admitted.
Separator truck. A truck equipped with a tank or other liquid holding
container designed to separate the grease portion from the waste removed from
a grease trap and to return the other liquid portion to the trap.
Total suspended solids. The total suspended matter that floats on the
surface of or is suspended in water, wastewater, or other liquid, and which is
removed by laboratory filtering.
Water quality manager. The person in charge of the city's approved
pretreatment program.
(d) Responsibilities of generator.
(1) A generator shall provide grease traps or grit traps when, in the
opinion of the water quality manager, they are necessary for the
proper handling of wastewater. Appeals of the decision of the water
quality manager shall be handled as provided for other appeals
under 28-57.6(c) hereof.
(12) A generator that is located in a multi-user building may be required
to separate sanitary sewer flows from adjacent sites and install a
water submeter to measure individual water consumption or utilize
some other method approved by the water quality manager or his
designee.
(e) Bioremediation.
(1) It shall be unlawful for any generator to introduce, cause, or permit
the introduction of any bioremediation media into a grease trap
except as authorized by the water quality manager.
(2) Bioremediation media may be used with the water quality
manager's approval if a generator proves to the water quality
manager's satisfaction that:
a. The media will be a pure, live, bacterial product and will not
contain any surfactants, emulsifiers, or substances which act
as a solvent for fats, oils, or greases;
b. The amount of oil and grease discharged to the sanitary
sewer after the use of the media will not exceed the
discharge limits for oil and grease of 200 mg/I;
C. The pH of the discharge will not be less than 6.0 or greater
than 11.0;
d. The use of the media will not reduce the buoyancy of the
grease layer in the grease trap and will not increase the
potential of oil and grease to be discharged to the sanitary
sewer;
e. The media will not be destroyed by the use of domestic or
commercial disinfectants and detergents or hot water;
f. Any waste pumped from the grease or grit trap after use of
the media must be acceptable at disposal sites for the
waste;
g. The use of the bioremediation media will not cause foaming
in the sanitary sewer.
(f) Request for exemption from the regulations of this section.
(2) If a generator believes that they do not need a grease or grit trap
and do not fall into any of the exempted categories they must
submit to the water quality manager the following information to
prove their exemption:
a. The name, address, and telephone number of the business;
b. The name of the manager or other contact at the business;
C. A description of the business;
d. The type, size, and maintenance schedules of any
wastewater pretreatment devices;
e. The names of all haulers of any waste and recycled products
who have hauled from the business in the previous year;
f. A statement of whether employees are trained in waste
disposal practices;
g. A plan showing the locations of all water and sewer
connections, fixtures, sample ports, backflow prevention
devices, and any other treatment devices;
h. A copy of all printed menus if it is an eating establishment;
i. A description of any changes planned to the structure;
j. Any planned significant changes to the user's operation or
system which might alter the nature, quality, or volume of its
wastewater;
k. A statement as to why the generator believes it qualifies for
an exemption;
I. Any other information as may be deemed necessary by the
water quality manager to evaluate the wastewater discharge.
(3) The water quality manager shall make a decision in regard to all
requests. Should the generator disagree with the decision of the
water quality manager, the generator may appeal such decision in
writing within five (5) days after the written decision of the water
quality manager. The appeal shall be to the water utilities director
and shall include any evidence the generator wishes to provide to
prove that the required pumping of grease or grit traps is not
necessary. The decision of the water utilities director shall be final.
(g) Monitoring and surcharges for BOD/TSS concentrations.
(1) Generators shall, once a year, submit to the water utilities
department, an analytical report documenting the BOD and TSS
concentration discharged to the sanitary sewer. Samples will not be
taken within one week of having the grease or grit trap cleaned,
exceptions shall be granted if the trap is being pumped out on a
weekly basis.
(h) Right of entry, inspection, and sampling.
(1) It shall be unlawful for a generator to refuse to allow the water
quality manager or their authorized representative to enter their
premises during business hours to determine whether the
generator is complying with all the requirements of this section. A
generator shall allow the water quality manager or their authorized
representative access to all parts of the premises for the purposes
of inspection, sampling, records examination, copying, and the
performance of all other duties.
(2) If the water quality manager or their authorized representative has
been refused access to a building, structure, or property, or any
part thereof, and is able to demonstrate probable cause to believe
there may be a violation of this section, or that there is a need to
inspect and/or sample as part of a routine inspection and sampling
program of the city designed to verify compliance with this section,
to protect the overall public health, safety, and welfare of the
community, or to protect the wastewater collection system or
POTW, then the water quality manager may seek issuance of a
search warrant from any court of competent jurisdiction.
(i) Penalties.
(3) The water quality manager may suspend water service and/or
wastewater service to a generator to stop an actual or threatened
discharge which presents or may present an imminent or
substantial endangerment to the health or welfare of persons, to the
environment, or causes interference to the POTW and/or the
sanitary sewer system. Service may also be suspended if the
generator refuses to abide by this section or pay any penalty
issued.
(4) If a generator is penalized, they may file a written appeal to the
water utilities director. The appeal must include evidence proving
that the generator did not violate this section and the appeal must
be filed within five (5) city working days of the generator receiving
the penalty. The decision of the water utilities director shall be final.
Section 30.
That Chapter 28, Article III, Subsections 28-59(i)(2)c and (q)(1)c, be and
the same are hereby amended to read as follows:
Sec. 28-59. Drought contingency.
(i) Drought response stages. The city manager, or his/her designee, shall
monitor water supply and/or demand conditions on a daily basis and, in
accordance with the triggering criteria set forth in subsection (h) of this
plan, shall determine that a mild, moderate, severe, critical, emergency or
water shortage condition exists and shall implement the following
notification procedures:
(2) Additional notification: The city manager or his/her designee shall
notify directly, or cause to be notified directly, the following
individuals and entities:
C. TCEQ (required when mandatory restrictions are imposed)
(triggers 4 and 5);
(q) Application of drought contingency plan to wholesale customers of the city
water system.
(1) Pro rata water allocation. In the event that the triggering criteria
specified in subsection (h)(3) of the plan for stage 3 severe water
shortage conditions have been met, the city manager is hereby
authorized initiate allocation of water supplies on a pro rata basis in
accordance with Texas Water Code section 11.039 and according
to the following water allocation policies and procedures:
C. The city manager shall provide notice, by certified mail, to
each wholesale customer informing them of their monthly
water usage allocations and shall notify the news media and
the executive director of the TCEQ upon initiation of pro rata
water allocation.
Section 31.
That Chapter 28, Article IV, Section 28-80, be and the same is hereby
amended to read as follows:
Sec. 28-80. Definitions.
As used in this article, the following terms shall have the respective
meanings ascribed to them:
Boundary sewer. A sewer installed in a street bounding a development or
faced on only one side by a development, which can also serve property not
included in the development on the opposite side of the street.
Boundary water line: A water line, installed in a street bounding a
development or faced on only one side by a development, which can also serve
property not included in the development on the opposite side of the street.
Department: The water utilities department of the city.
Development: A subdivision, as defined in the city's subdivision
regulations.
Director: The director of the water utilities department or his appointed
representative.
Engineer. A professional engineer licensed by the state.
Lot: Land occupied or intended for occupancy by a main building together
with its accessory buildings, and the yard and parking spaces required, and
having its principal frontage upon a street as defined herein.
Owner's front footage: Owner's front footage, for purposes of determining
pro rata charges to be paid by the owner of a lot for sewer service or water
service and for which there will be no reimbursement, shall be determined by the
owner's lot condition, as follows:
(a) Regular lot: A lot generally rectangular in shape. Front footage of a
regular lot shall be measured along the property line facing the
street.
(b) Irregular lot: Any lot of a nonrectangular shape, except the radial lot
defined below. The front footage of an irregular lot shall be equal to
one front foot for each one hundred twenty-five (125) square feet of
lot area, but shall never exceed the maximum measured width of
the lot at any depth of the lot, parallel to the street line.
(c) Radial lot: A lot abutting a curved street and in general having sides
which are radial to the street. Front footage of a radial lot shall be
measured as the chord distance at a point twenty-five (25) feet from
the front property line.
(d) Corner lot: A lot situated on the corner of a block and having more
than one side facing a street. Front footage shall be measured
along the side of the lot to which service connection is made.
Pro rata: The charge per front foot of abutting land to be paid by the lot
owner or owner of a development to aid in defraying the cost of supplying sewer
service or water service (as the case may be) to their lot or site. The amount of
the charge will be determined by the department.
(a) Single pro rata: The charge based on the front footage of abutting
land on only one side of the street or easement.
(b) Double pro rata: The charge based on the front footage of abutting
land on both sides of the street or easement.
Street: A public thoroughfare which has been dedicated or deeded to the
public for public use, which has been officially approved by the governing body of
the city, and which affords the principal means of access to property abutting it.
Section 32.
That Chapter 28, Article IV, Section 28-81, be and the same is hereby
amended to read as follows:
Sec. 28-81. Purpose and scope.
The purpose of this article is to establish a policy for the city for extending
sanitary sewer and water lines and for the sewer and water service connections
to such extensions, and to establish rules governing such extensions and
connections. It is not the intention of this article to obligate, and the city shall not
be obligated to participate in or proceed with any construction covered by this
article when funds are not available or when, in the discretion of the director of
water utilities, the construction is not practical. It is not the intention of this article
to limit the right of the city to extend sanitary sewer or water lines at its own cost
and collect the charges herein set forth from the applicants for sewer or water
service, and such right is herein reserved. The city shall own all sewers and
water lines, including service connections, constructed and accepted under the
terms of this article.
Section 33.
That Chapter 28, Article IV, Subsection 28-87(a), be and the same is
hereby amended to read as follows:
Sec. 28-87. Construction requirements.
(a) Before work begins under a contract for construction of sewers or water
lines in a development, proof of the following must be submitted to the
director by the owner of the development:
(1) All construction will be in accordance with department approved
plans and specifications.
(2) The contractor has public liability insurance acceptable to the city in
the amount of not less than two hundred fifty thousand dollars/five
hundred thousand dollars ($250,000.00/$500,000.00) for bodily
injury and twenty thousand dollars ($20,000.00) for property
damage.
Section 34.
That Chapter 28, Article IV, Section 28-88, be and the same is hereby
repealed.
Section 35.
That Chapter 28, Article V, Section 28-100, be and the same is hereby
amended to read as follows:
Sec. 28-100. Definitions.
As used in this article, the following terms shall have the respective
meanings ascribed to them:
Act of God or Unpreventable Event: The affirmative defense that if a
person can establish that an event that would otherwise be a violation of this
ordinance or permit issued under the ordinance which was caused solely by an
act of God, war, strike, riot, or other catastrophe, and was unpreventable, then
the event is not a violation of the ordinance or permit.
Act or the Act: The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended.
Administrator: The Region 6 Administrator of the Environmental Protection
Agency or his duly authorized representative.
Administrative orders: Enforcement documents which direct an industrial
user to undertake or cease specific activities. The orders may take the form of:
Cease and Desist Orders, Consent Orders, Show Cause Orders, or Compliance
Orders.
Approval authority: The executive director of the Texas Commission on
Environmental Quality (TCEQ). The TCEQ received the authorization to
implement the NPDES Program in Texas.
Authorized representative of industrial user. An authorized representative
of an industrial user may be:
(1) An owner;
(2) A principal executive officer of at least the level of vice-president, if
the industrial user is a corporation;
(3) Any partner or proprietor if the industrial user is a partnership or
proprietorship, respectively;
(4) A duly authorized representative of the individual above if such
representative is responsible for the overall operation of the
facilities from which the indirect discharge originates.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure
in five (5) days at twenty (20) degrees centigrade, as specified in 40 CFR § 136,
expressed in milligrams per liter.
Building drain: That part of the lowest horizontal piping of a drainage
system which receives the discharge from waste and other drainage pipes inside
the walls of the building and conveys it to the building sewer, beginning three (3)
feet outside the inner face of the building wall.
Building sewer The extension from the building drain to the public sewer
or other place of disposal.
Chemical Oxygen Demand (COD): The measure of the oxygen consuming
capacity of inorganic and organic matter present in water, sewage, industrial
waste, or other liquid under standard laboratory procedures as specified in 40
CFR § 136, expressed as milligrams per liter.
City or the city: The City of Beaumont, Texas.
Composite sample: A compound sample created by combining samples
taken at different times.
Control authority: The City of Beaumont.
Direct discharge: The discharge of treated or untreated wastewater
directly to the waters of the state.
Director.' The water utilities director of the City of Beaumont, or his
authorized deputy, agent or representative.
Domestic wastewater. Waterborne waste normally discharged from the
sanitary conveniences of dwellings (including apartment houses and hotels),
office buildings, factories, and institutions, free from storm water, surface water,
and industrial waste. Normal domestic wastewater shall mean "normal" sewage
for the city, in which the following average concentrations are established:
(1) BOD = 250 milligrams per liter of wastewater
(2) COD = 550 milligrams per liter of wastewater
(3) TSS = 300 milligrams per liter of wastewater
(4) O and G = 200 milligrams per liter of wastewater
Grab sample: A sample which is taken from a waste stream on a one-time
basis with no regard to the flow in the waste stream and over a period of time not
to exceed fifteen (15) minutes as required in appendix E of 40 CFR § 403.
Hazardous waste: Any liquid, semi-liquid or solid waste (or combination of
wastes), which because of its quantity, concentration, physical, chemical or
infectious characteristics may:
(1) Have any of the following characteristics: toxic, corrosive, an
irritant, a strong sensitizer, flammable or combustible, explosive or
otherwise capable of causing substantial personal injury or illness;
(2) Pose a substantial hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or
otherwise improperly managed, and is identified or listed as a
hazardous waste as defined by the Texas Solid Waste Disposal
Act, V.T.C.S. Article 4477, or the administrator, U. S. Environmental
Protection Agency (EPA) pursuant to the federal "Solid Waste
Disposal Act," as amended by the "Resource Conservation and
Recovery Act of 1976" and as may be amended in the future.
Environmental Protection Agency or EPA: The U. S. Environmental
Protection Agency, or other duly authorized official of said agency.
Extra-territorial jurisdiction: An area outside the corporate limits of a
municipality as defined in Local Government Code, § 42.021.
Garbage: Solid waste from the preparation, cooking and dispensing of
food, and from the handling, storage, and sale of produce. Properly shredded
garbage has been shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers with no
particle greater than one-half inch in any dimension.
Holding tank waste: Any waste from holding tanks such as vessels,
chemical toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
Indirect discharge or discharge: The introduction of pollutants into a
POTW from any non-domestic source regulated under Section 307(b), (c), or (d)
of the Act.
Industrial user: Any person, business or governmental agency that
discharges nondomestic waste to the city wastewater treatment system.
Industrial waste. All gases, solids or liquids resulting from any industrial,
manufacturing, food processing, oil and/or gas well and/or gas field site
operations or processes, or from the development of any natural resource, or any
mixture of these with water or domestic wastewater.
Industrial wastewater discharge permit: A permit required of all significant
industrial users to deposit or discharge industrial wastewater to the city's
wastewater treatment system. This permit does not grant a waiver to allow
discharge of any waste prohibited by this article or allow discharge of any waste
that exceeds the limits or is in violation of the requirements of this article.
Interference: The inhibition or disruption of the wastewater treatment
system which contributes to a violation of any requirement of the city's TPDES
permit. This term includes prevention of sewage sludge use or disposal by the
wastewater treatment plant in accordance with section 405 of the Act, or any
criteria, guidelines, or regulations developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or more
stringent state criteria applicable to the method of disposal or use employed by
the wastewater treatment plant.
May: "May" is a permissive or discretionary statement.
Maximum discharge limit: The flow limitations as prescribed to collection
system capacity and allowable head loading at the POTW.
Non-contact cooling water: Water used for cooling which does not come
into direct contact with any raw material, intermediate product, wastewater
product, or finished product.
Non-hazardous waste hauler permit: A permit required of all persons
engaged in draining, flushing, or cleaning out any tanks containing chemical
liquid wastes, septic tank wastes, oil and grease trap wastes, or any type of
domestic or nondomestic waste within the city. This permit shall also be required
of all persons transporting such wastes into the city for final disposal.
National categorical pretreatment standard or pretreatment standard: Any
regulation containing pollutant discharge limits promulgated by the EPA in
accordance with section 307(b) and (c) of the Act which applies to a specific
category of industrial users.
Natural outlet: Any outlet to a watercourse, pond, ditch, lake or other body
of surface water or groundwater.
National Pollutant Discharge Elimination System or NPDES permit: A
permit issued by the EPA pursuant to section 402 of the Act.
New source: Any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction of which
commenced after the publication of proposed pretreatment standards under
section 307(c) of the Act which will be applicable to such source and such
standards are thereafter promulgated in accordance with that section, provided
that the source meets the requirements listed in 40 CFR § 403.3 (k) including any
amendments thereto.
Oil and grease (O and G): The total quantity of material recovered under
standard laboratory procedures as specified in 40 CFR § 136, expressed as
milligrams per liter.
Pass through: A discharge which exits the POTW into waters of the United
States in quantities or concentrations which, alone or in conjunction with a
discharge or discharges from other sources, is a cause of a violation of any
requirement of the POTW's TPDES permit, including an increase in the
magnitude or duration of a violation.
Person: Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental entity,
or any other legal entity; or their legal representatives, agents, or assigns. This
definition includes all federal, state, and local governmental entities.
pH: The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution.
Pollutant: Any substance discharged into a POTW or its collection system
which is prohibited or limited by section 28-101 of this article. This term includes
dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials,
heat wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal and agricultural wastes.
Pollution: The man-made or man-induced alteration of the chemical,
physical, biological and/or radiological integrity of water.
POTW.- Publicly owned treatment works as defined in 40 CFR § 403.3,
including any amendments thereto; the municipal wastewater treatment system.
Pretreatment: The reduction of the amount of pollutants, the elimination of
pollutants or the alteration of the nature of pollutant properties in wastewater to a
less harmful state prior to or in lieu of discharging to the wastewater treatment
system.
Pretreatment requirement: Any substantive or procedural requirement
related to pretreatment, other than a national pretreatment standard, imposed on
an industrial user.
Pretreatment standard: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with section 307(b), and (c) of the Act
which applies to industrial users. This term includes prohibitive discharge limits.
Public sewer: A sewer in which all owners of abutting properties have
equal rights, and which is controlled by public authority.
Sanitary sewer.' A sewer which carries wastewater to which storm,
surface, and ground waters are not intentionally admitted.
Significant industrial user: Any industrial user who;
(1) Has a discharge flow of process wastewater to the POTW
(excluding sanitary, noncontact cooling and boiler blowdown
wastewater) of an average of twenty-five thousand (25,000) gallons
or more per average work day;
(2) Has a flow greater than ten (10) percent of the average daily flow in
the city's wastewater treatment system;
(3) Contributes a process waste stream which makes up five (5)
percent or more of the average dry weather hydraulic or organic
capacity of the POTW treatment plant;
(4) Is subject to requirements under the national categorical
pretreatment standards under 40 CFR § 403.6 and 40 CFR chapter
I, subchapter N, including any amendments thereto;
(5) Has a reasonable potential in the opinion of the director to
adversely affect the POTW's operation, or for violation, any
pretreatment standard or requirement (in accordance with 40 CFR
403.8(f)(6) including any amendments thereto).
Significant noncompliance: Instances of SNC are industrial user violations
which meet one or more of the following criteria:
(1) Violations of wastewater discharge limits.
a. Chronic violations. Sixty-six (66) percent or more of the
measurements exceed the same daily maximum limit or the
same average limit in a six-month period (any magnitude of
exceedance).
b. Technical review criteria (TRC) violations. Thirty-three (33)
percent or more of the measurements exceed the same daily
maximum limit or the same average limit by more than the
TRC in a six-month period.
C. The TRC applies to those measurements found to be 1.4
times the limit for BOD, TSS, fats, oil, and grease, and 1.2
times the limit for all other pollutants except pH.
d. Any other violation(s) of an effluent limit (average or daily
maximum) that the city believes has caused, alone or in
combination with other discharges, interference (e.g., slug
loads) or pass-through; or endangered the health of the
sewage treatment personnel or the public.
e. Any discharge of a pollutant that has caused imminent
endangerment to human health/welfare or to the
environment and has resulted in the city's exercise of its
emergency authority to halt or prevent such a discharge.
(2) Violations of compliance schedule milestones, contained in a local
control mechanism or enforcement order, for starting construction,
completing construction, and attaining final compliance by 90 days
or more after the scheduled date.
3 Failure to provide reports for compliance schedules self-monitoring
data, or categorical standards (baseline monitoring reports, 90-day
compliance reports, and periodic reports) within thirty (30) days
from the due date.
(4) Failure to accurately report noncompliance.
(5) Any other violation or group of violations that the city considers to
be significant.
Shall: "Shall" is a mandatory statement.
Slug: Any discharge at a flow rate or concentration centration which could cause a
violation of the discharge standards of this article or any discharge of a non-
routine, episodic nature, including but not limited to, an accidental spill or a non-
customary batch discharge.
Standard Industrial Classification (SIC) Code: A classification pursuant to
the Standard Industrial Classification Manual issued by the United States Office
of Management and Budget.
Standard methods: The examination and analytical procedures set forth in
the latest EPA approved edition, at the time of analysis, of standard methods for
the examination of water and wastewater.
Storm sewer: A sewer which carries storm and surface waters and
drainage, but excludes wastewater and polluted industrial waste.
Texas Commission on Environmental Quality or TCEQ: The TCEQ, the
administrator, or other duly authorized official of said agency.
Texas Pollutant Discharge Elimination System or TPDES permit:
Total suspended solids (TSS): The total suspended matter that floats on
the surface of, or is suspended in, water, wastewater or other liquids, and which
is removable by laboratory filtering, as specified in standard methods, expressed
in milligrams per liter.
Trap: A device designed to skim, settle, or otherwise remove grease, oil,
sand, flammable waste or other harmful substances from wastewater.
Wastewater: The liquid and water-carried industrial or domestic waste
from dwellings, commercial buildings, industrial facilities, and institutions together
with any ground water, surface water, and storm water that may be present
whether treated or untreated, which is discharged into or permitted to enter the
wastewater treatment system.
Wastewater treatment system: All facilities for collecting, pumping,
treating, and disposing of wastewater.
Unpolluted water or waste: 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 and odorous
gases. It shall contain not more than ten (10) milligrams per liter each of
suspended solids and BOD. The color shall not exceed fifty (50) parts per million
as measured by the Platinum-Cobalt method as listed in standard methods.
Watercourse: A channel in which a flow of water occurs, either
continuously or intermittently.
Section 36.
That Chapter 28, Article V, Subsection 28-103(e)(3), be and the same is
hereby amended to read as follows:
Sec. 28-103. Enforcement.
(e) Show cause hearing: The city may order any user who causes or allows
an unauthorized discharge to enter the waste treatment system to show
L-
cause before the city council why the proposed enforcement action should
not be taken. A notice shall be served on the user specifying the date,
time and place of a hearing to be held by the city council regarding why
the action is to be taken, the proposed enforcement action, and directing
the user to show cause before the city council why the proposed
enforcement action should not be taken. The notice of the hearing shall be
served personally or by registered or certified mail (return receipt
requested) at least ten (10) days before the hearing. Service may be
made on any agent or officer of a corporation.
(3) After the city council has reviewed the evidence, it may issue an
order to the user responsible for the discharge directing that,
following a specified time period, the sewer service be discontinued
unless the unauthorized discharge is properly treated, or otherwise
prevented from entering the wastewater treatment system, or proof
of an act of God event is shown. Further orders and directives as
are necessary and appropriate may be issued.
Section 37.
That Chapter 28, Article VI, Section 28-112, be and the same is hereby
amended to read as follows:
Sec. 28-112. Centerpoint Energy--Definitions.
(a) Residential consumer. The term "residential consumer" as used in the
schedules cited in section 28-114 shall mean a customer or user of gas to
whom service is supplied in a dwelling or a residential apartment for uses
usual in a home. The terms "residential consumer" and "domestic
consumer" are considered to be synonymous.
(b) Commercial consumer. The term "commercial consumer" as used in the
schedules cited in section 28-114 shall mean a customer or user of gas
engaging in any business, professional or institutional activity, for all
unrestricted uses of gas, including cooking, heating, refrigeration, water
heating, air conditioning and power.
Section 38.
That Chapter 28, Article VI, Section 28-113, be and the same is hereby
amended to read as follows:
Sec. 28-113. Same--Natural gas supplied for individual use; resale or
sharing prohibited.
Natural gas supplied by Centerpoint Energy, its successors and assigns,
is for the individual use of the customer at one point of delivery and shall not be
resold or shared with others.
Section 39.
That Chapter 28, Article VI, Section 28-114, be and the same is hereby
amended to read as follows:
Sec. 28-114. Same--Schedules of rates for natural gas, natural gas service.
Centerpoint Energy, its successors and assigns (hereinafter sometimes
referred to as the "company"), is hereby authorized to place in effect the
schedules of rates within the city for the supply of natural gas and natural gas
service, which schedules are on file in the office of the city clerk.
Section 40.
That Chapter 28, Article VI, Section 28-115, be and the same is hereby
amended to read as follows:
Sec. 28-115. Same--Right of city council to regulate rates preserved.
Nothing contained in sections 28-112, 28-113 and 28-114 shall be
construed as in any manner, now or hereafter, limiting or modifying the right and
power of the city council under the law to regulate the rates charged by
Centerpoint Energy, its successors and assigns, within the city.
Section 41.
That Chapter 28, Article VI, Sections 28-116 through 26-120, be and the
same are hereby repealed.
Section 42.
That Chapter 28, Article VII, Sections 28-130 through 28-140, be and the
same are hereby repealed.
Section 43.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 44.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 45.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED by the City Council of the City of Beaumont on this 13th day of
May, 2008.
AW
Mayor Becky Ames -
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