HomeMy WebLinkAboutORD 72-52KEWJr/im/9/28/710
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 32A OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY REPEALING CHAPTER 3.2A AND ENACTING IN LIEU
THEREOF A NEW CHAPTER 32A, BEING A CHAPTER
REGULATING THE DISPOSAL OF INDUSTRIAL WASTE IN
THE CITY OF BEAUMONT, TEXAS; REGULATING THE USE
OF PUBLIC AND PRIVATE SEWERS AND DRAINS; REGULATING
THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC
WASTEWATER FACILITIES; PROVIDING A PENALTY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Chapter 32A of the Code of Ordinances, City of
Beaumont, Texas, is hereby enacted and, after being so enacted,
the same shall read as follows:
Section 32A-1. Definitions.
Unless the context specifically indicates otherwise,
the meaning of terms used in this ordinance shall be as follows:
(1) "B.O.D." (denoting Biochemical Oxygen Demand)
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure
in 5 days at 200C., expressed in milligrams per liter.
(2) "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.
(3) "Building Sewer" shall mean the extension from
the building drain to the public sewer or other place of
disposal.
(4)
"City" shall
mean the City of
Beaumont, Texas.
(5)
"Director of
Public Utilities"
shall mean the
Director of Public Utilities of the City of Beaumont, Texas, or
his authorized deputy, agent, or representative.
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(6) "Domestic Wastewater" shall mean waterborne
wastes normally discharging from the sanitary conveniences of
dwellings (including apartment houses and hotels), office
buildings, factories and institutions, free from storm surface
water and industrial wastes. "Normal" domestic wastewater
shall mean "normal" sewage for Beaumont in which the average
concentration of 5 -day B.O.D. is established at 250 milligram
per liter, on the basis of the normal daily contribution of
twenty hundredths (.20) pounds per capita, per 100 gallons,
and the average concentration of Suspended Solids is established
at 300 milligram per liter.
(7) "Garbage" shall mean solid wastes from the prepara-
tion, cooking, and dispensing of food, and from the handling,
storage, and sale of produce..
(8) "Industrial Waste Inspector" shall mean the
Agent of the Superintendent of Water Reclamation responsible
for maintaining constant control over Liquid Industrial Wastes
in the City of Beaumont, or his authorized deputy, agent or
represents Live.
(9) "Industrial Wastes" shall mean all waterborne
solids, liquids, or gaseous wastes resulting from any industrial,
manufacturing or food processing operation or process, or
from the development of any natural resource, or any mixture
of these with water or domestic wastewater.
(10) "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body or surface of
ground water.
(11) "Person" shall mean any individual, firm, company,
association, society, corporation, group, or partnership.
(12) "pH" shall mean the logarithm of the reciprocal of
the weight of hydrogen ions in grams per liter of solution.
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(13) "Properly Shredded Garbage" shall mean the
wastes from the preparation, cooking and dispensing of food
that have been shredded to such degree that all particles
will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than
1/2 inch in any dimension.
(14) "Public Sewer" shall mean a sewer in which all
owners of abutting properties have equal rights, and is controlled
by public authority.
(15) "Sanitary Sewer" shall mean a sewer which carries
wastewater to which storm, surface, and ground waters are not
intentionally admitted.
(16) "Wastewater" 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.
(17) "Wastewater Treatment Plant" shall mean any
arrangement of devices and structures used for treating waste-
water.
(18) "Wastewater Facilities" shall mean all facilities
for collecting, pumping, treating, and disposing of wastewater.
(19) "Shall" is mandatory; "May" is permissive.
(20) "Slug" shall mean any discharge of water, waste-
water or industrial waste other than toxic materials which in
concentration of any given constituent or in quantity or flow
exceeds for any period of duration longer than fifteen (15)
minutes more than five (5) times the average twenty-four (24)
hour concentration or flows during normal operation.
(21) "Storm Sewer" or "Storm Drain" shall mean a sewer
which carries storm and surface waters and drainage, but excludes
wastewater and polluted industrial wastes.
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(22) "Superintendent1° shall mean the Superintendent of
Water Reclamation Division of the City of Beaumont, or his
authorized deputy, agent, or representative.
(23) "Suspended Solids" shall mean solids that either
float on the surface or are in suspension in water, wastewater,
or other liquids, and which are removable by laboratory filter-
ing.
(24) "Unpolluted Water or Waste" shall mean any water
or waste containing none of the following: free or emulsified
grease or oil; acid or alkali; phenols, or other substances
imparting taste and odor in receiving water; toxic poisonous
substances in suspension, colloidal state or solution; and noxious
or odorous gases. It shall contain not more than ten parts per
million each of suspended solids and B.O.D. The color shall not
exceed fifty .parts per million as measured by the Platinum -
Cobalt method of determination specified in the Standard Methods
for the Fxami nati nn of Water nnrd WA G t-Pwa tar
(25) "Watercourse" shall mean a channel in which a flow
of water occurs, either continuously or intermittently.
Section 32A-2. Use of the Public Sewers.
(1) Discharge of storm water, etc. to sanitary sewer
prohibited. No person shall discharge or cause to be discharged
any storm water, surface water, ground water, roof run off,
subsurface drainage or unpolluted industrial process waters to any
sanitary sewer.
(2) Designation of sewers for storm water, etc. In
compliance with the Texas Water Quality Act and other statutes,
the Director of Public Utilities may designate storm sewers and
other watercourses into which unpolluted drainage described in
subsection (1) of this section may be discharged. Unpolluted
process waters may be discharged, upon approval of the Director
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of Public Utilities, to a storm sewer, or watercourse, or
into the sanitary sewer system upon prior written approval of
the Director of Public Utilities or Superintendent of Water
Reclamation.
(3) Discharge of manufacturing, industrial, etc.
wastewater. In cases where, in the opinion of the Superintendent,
the character of the wastewater 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 Public Utilities shall have the right
to require such user to dispose of such waste otherwise, and
prevent it from entering the system.
(3.1) Prohibited Discharge. 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 150°F or which will cause the temperature of the total
wastewater treatment plant influent to increase at a rate of
10°F or more per hour, or a combined total increase of plant
influent temperature to 1100F.
(b) Any water or.waste which may contain more than
one hundred (100) milligram per liter, by weight, or fat, oil
or grease, or containing substances which may solidify or
become viscous at temperatures between 320 and 1500 Fahrenheit
(0-650 centigrade).
(c) Any gasoline, benzine, naptha, fuel oil or other
flammable or explosive liquid, solid or gas.
(d) Any garbage that has not been properly shredded.
(e) Any ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, paunch manure,
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1
or other solid or viscous substances capable of causing obstruction
to the flow in sewers or other interferences with the proper
operation of the wastewater facilities.
(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 wastewater treatment plant or in the public wastewater
facilities.
(g) Any noxious or maloderous 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 personnel of the wastewater facilities.
(i) Any water or waste containing a toxic or poisonous
substance, such as plating or heat treating waste, in sufficient
quantity to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to con-
stitute a hazard in the receiving waters of the wastewater
treatment plant effluent.
(j) Any heavy metals, in solution or suspension, in
concentration exceeding the following:
Arsenic
0.05
milligram
per
liter
Barium
5.0
milligram
per
liter
Boron
1.0
milligram
per
liter
Chromium
5.0
milligram
per
liter
Cadium
0.02
milligram
per
liter
Copper
1.0
milligram
per
liter
Lead
0.1
milligram
per
liter
Maganese
1.0
milligram
per
liter
Mercury
0.005
milligram
per
liter
Nickel
1.0
milligram
per
liter
Iron
5.0
milligram
per
liter
Selenium
0.02
milligram
per
liter
Silver
0.1
milligram
per
liter
Zinc
5.0
milligram
per
liter
(k) Any cyanide greater than 1.0 milligram per liter
or CN.
(1) Any waters or wastes containing phenols, hydrogen
sulfide, or other taste -and -odor producing substances, shall
conform to concentration limits established by the Public
Utilities Department. After treatment of the composite waste-
water, concentration limits may not exceed the requirements
established by state, federal, or other agencies with jurisdiction
over discharges to receiving waters.
(m) Any radio active waste greater than allowable
releases as specified by current United States Bureau of Standards
Handbooks dealing with the handling and release of radioactivity.
(4) Discharge of water, wastes containing toxic or
poisonous substances, statement required. Where the operation
of a person, firm or corporation entails the discharge of water
or wastes containing toxic or poisonous substances, a written
statement, on a standard form provided by the Director of Public
Utilities, 'setting forth the nature of the operation contemplated
or presently carried on shall be filed with the Director of
Public Utilities. The statement shall contain the amount of
water: which.will be used and its source, the proposed point of
discharge of wastes into the sewer 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 Public Utilities to make an order
stating such minimum restrictions as in the judgment of the
Superintendent may be necessary to guard adequately against un-
lawful uses of the City's Wastewater Facilities.
(5) Interceptors—When required; type, capacity,
location, construction. Grease, oil, and sand interceptors
shall be provided for the proper handling of liquid wastes,
containing grease in excessive amounts, or any flammable wastes,
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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 Public Utilities
and shall be located as to be readily and easily accessible for
cleaning and inspection.
Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial construction,
watertight, and equipped with easily removable covers which when
bolted in place shall be gastight and watertight.
(6) Same—Maintenance. Where installed, all grease,
oil and sand interceptors shall be maintained by the owner, at
his expense, in continuously efficient operation at all times.
(7) Review and approval of certain wastes; preliminary
treatment facilities generally. The admission into the public
sewers of any waters or wastes having (a) a five-day Biochemical
Oxygen Demand greater, than 250 milligram per liter, or (b)
containing more than 300 milligram per liter of suspended solids,
or (c) containing any quantity of substances having the
characteristics described in Section 32A-2(3), or (d) having an
average daily flow greater than one percent of the average
daily wastewater flow of the City, or unusual (slugs) flow and
concentration, shall be subject to the review and approval of the
Superintendent. Where necessary to comply with this ordinance,
the owner shall provide, at his expense, such preliminary
treatment as may be necessary to, (a) reduce the Biochemical
Oxygen Demand to 250 milligrams per liter, or (b) reduce
objectionable characteristics or constitutents to within the maximum
limits provided for in Section 32A-2 (3.1), or (c) control the
quantities and rates of discharge of such waters or wastes.
IM
1. Natural outlet;
2. Watercourse;
3. Storm sewer;
4. Other area within the jurisdiction of
the City.
(c) The Director of Public Utilities Department shall verify
prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of laws,
regulations, ordinances, rules m d orders of federal, state and
local government.
Section 32A-3. Protection from Damage.
The city may pursue all criminal and civil remedies
to which it is entitled under authority of statutes and ordinances
against a person negligently, willfully or maliciously causing
loss by tampering with or destroying public sewers or treatment
facilities.
Section 32A-4. Power and Authority of Enforcing Agents.
The Director of Public Utilities and other duly authorized
employees of the City bearing proper credentials and identifica-
tion shall be permitted to enter upon all properties for the
purpose of inspection, observation, measurement, sampling,
and testing, in accordance with the provisions of this ordinance.
Section 32A-5
Penalties.
(1) Any person found to be violating any provision of
this ordinance except Section 32A-3 shall be served by the City
with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction
thereof, said time limit to:be'determined by the Director of
Public Utilities, but in no event shall the time limit for
correction of the violation exceed thirty (30) days. The
offender shall, within the period of time stated in such notice,
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•
permanently cease all violations.
If the offender continues
violation after the expiration of the time stated, the Director of
Public Utilities may prohibit the further use of the wastewater
facilities by the offender and may remove or close the offender's
sewer and water connections.
Where acids or chemicals damaging to sewer lines or
treatment processes are released to the sewer causing rapid
deterioration of these structures or interfering with proper
treatment of wastewater, the Director of Public Utilities is
authorized to immediately terminate service, and the Director of
Public Utilities, if he shall find the same constitutes a public
nuisance, shall have the power to abate the same forthwith.
(2) Any person who shall continue any violation beyond
the time limit provided for in the preceding section shall be
guilty of a misdemeanor, and upon conviction thereof shall be
punished as provided in Section 1-8 of the Code of Ordinances
of the City of Beaumont, Texas. Each day in which any such
violation shall continue shall be deemed a separate offense.
(3) Any person violating any of the provisions of this
ordinance shall become liable to the City for any expense, loss,
or damage occasioned the City by reason of such violation.
Section 2.
That all ordinances and parts of ordinances in conflict
herewith are hereby repealed.
Section 3.
That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a 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.
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PASSED by the City Council this the 1611 day of
ac��'�9"l1� -3 1972.
�z
Mayor -
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KEWJr/im/9/28/720
ORDINANCE NO.
F
ENTITLED AN ORDINANCE AMENDING CHAPTER 32A OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY REPEALING CHAPTER 32A AND ENACTING IN LIEU
THEREOF A NEW CHAPTER 32A, BEING A CHAPTER
REGULATING THE DISPOSAL OF INDUSTRIAL WASTE IN
THE CITY OF BEAUMONT, TEXAS; REGULATING THE USE
OF PUBLIC AND PRIVATE SEWERS AND DRAINS; REGULATING
THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC
WASTEWATER FACILITIES; PROVIDING A PENALTY;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1.
That Chapter 32A of the Code of Ordinances, City of
Beaumont, Texas, is hereby enacted and, after being so enacted,
the same shall read as follows:
Section 32A-1. Definitions.
Unless the context specifically indicates otherwise,
the meaning of terms used in this ordinance shall be as follows:
(1) '"B.O.D." (denoting Biochemical Oxygen Demand)
shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure
in 5 days at 200C., expressed in milligrams per liter.
(2) "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.
(3) "Building Sewer" shall mean the extension from
the building drain to the public sewer or other place of
disposal.
(4) "City" shall mean the City of Beaumont, Texas.
(5) "Director of Public Utilities" shall mean the
Director of Public Utilities of the City of Beaumont, Texas, or
his authorized deputy, agent, or representative.
P
(6) "Domestic Wastewater" shall mean waterborne
wastes normally discharging from the sanitary conveniences of
dwellings (including apartment houses and hotels), office
buildings, factories and institutions, free from storm surface
water and industrial wastes. "Normal" domestic wastewater
shall mean "normal" sewage for Beaumont in which the average
concentration of 5 -day B.O.D. is established at 250 milligram
per liter, on the basis of the normal daily contribution of
twenty hundredths (.20) pounds per capita, per 100 gallons,
and the average concentration of Suspended Solids is established
at 300 milligram per liter.
(7) "Garbage" shall mean solid wastes from the prepara-
tion, cooking, and dispensing of food, and from the handling,
storage, and sale of produce.
(8) "Industrial Waste Inspector" shall mean the
Agent of the Superintendent of Water Reclamation responsible
for maintaining constant control over Liquid Industrial Wastes
in the City of Beaumont, or his authorized deputy, agent or
representative.
(9) "Industrial Wastes" shall mean all waterborne
solids, liquids, or gaseous wastes resulting from any industrial,
manufacturing or food processing operation or process, or
from the development of any natural resource, or any mixture
of these with water or domestic wastewater.
(10) "Natural Outlet" shall mean any outlet into a
watercourse, pond, ditch, lake or other body or surface of
ground water.
(11) "Person';' shall mean any individual, firm, company,
association, society, corporation, group, or partnership.
(12) "pH" shall mean the logarithm of the reciprocal of
the weight of hydrogen ions in grams per liter of solution.
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No Text
(22) "Superintendent" shall mean the Superintendent of
Water Reclamation Division of the City of Beaumont, or his
authorized deputy, agent, or representative.
(23) "Suspended Solids" shall mean solids that either
float on the surface or are in suspension in water, wastewater,
or other liquids, and which are removable by laboratory filter-
ing.
(24) "Unpolluted Water or Waste" shall mean any water
or waste containing none of the following: free or emulsified
grease or oil; acid or alkali; phenols, or other substances
imparting taste and odor in receiving water; toxic poisonous
substances in suspension, colloidal state or solution; and noxious
or odorous gases. It shall contain not more than ten parts per
million each of suspended solids and B.O.D. The color shall not
exceed fifty parts per million as measured by the Platinum -
Cobalt method of determination specified in the Standard Methods
for the Examination of Water and Wastewater.
(25) "Watercourse" shall mean a channel in which a flow
of water occurs, either continuously or intermittently.
Section 32A-2. Use of the Public Sewers.
(1) Discharge of storm water, etc. to sanitary sewer
prohibited. No person shall discharge or cause to be discharged
any storm water, surface water, ground water, roof run off,
subsurface drainage or unpolluted industrial process waters to any
sanitary sewer.
(2) Designation of sewers for storm water, etc. In
compliance with the Texas Water Quality Act and other statutes,
the Director of Public Utilities may designate storm sewers and
other watercourses into which unpolluted drainage described in
subsection (1) of this section may be discharged. Unpolluted
process waters may be discharged, upon approval of the Director
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No Text
or other solid or viscous substances capable of causing obstruction
to the flow in sewers or other interferences with the proper
operation of the wastewater facilities.
(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 materia]s at
the wastewater treatment plant or in the public wastewater
facilities.
(g) Any noxious or maloderous 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 personnel of the wastewater facilities.
(i) Any water or waste containing a toxic or poisonous
substance, such as plating or heat treating waste, in sufficient
quantity to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals, or to con-
stitute a hazard in the receiving waters of the wastewater
treatment plant effluent.
(j) Any heavy metals, in solution or suspension, in
concentration exceeding the following:
Arsenic
0.05
milligram
per
liter
Barium
5.0
milligram
per
liter
Boron
1.0
milligram
per
liter
Chromium
5.0
milligram
per
liter
Cadium
0.02
milligram
per
liter
Copper
1.0
milligram
per
liter
Lead
0.1
milligram
per
liter
Maganese
1.0
milligram
per
liter
Mercury
0.005
milligram
per
liter
Nickel
1.0
milligram
per
liter
Iron
5.0
milligram
per
liter
Selenium
0.02
milligram
per
liter
Silver
0.1
milligram
per
liter
Zinc
5.0
milligram
per
liter
(k) Any cyanide greater than 1.0 milligram per liter
or CN.
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 Public Utilities
and shall be located as to be readily and easily accessible for
cleaning and inspection.
Grease and oil interceptors shall be constructed of
impervious materials capable of withstanding abrupt and extreme
changes in temperature. They shall be of substantial construction,
watertight, and equipped with easily removable covers which when
bolted in place shall be gastight and watertight.
(6) Same—Maintenance. Where installed, all grease,
oil and sand interceptors shall be maintained by the owner, at
his expense, in continuously efficient operation at all times.
(7) Review and approval of certain wastes; preliminary
treatment facilities generally. The admission into the public
sewers of any waters or wastes having (a) a five-day Biochemical
Oxygen Demand greater than 250 milligram per liter, or (b)
containing more than 300 milligram per liter of suspended solids,
or (c) containing any quantity of substances having the
characteristics described in Section 32A-2(3), or (d) having an
average daily flow greater than one percent of the average
daily wastewater flow of the City, or unusual (slugs) flow and
concentration, shall be subject to the review and approval of the
Superintendent. Where necessary to comply with this ordinance,
the owner shall provide, at his expense, such preliminary
treatment as may be necessary to, (a) reduce the Biochemical
Oxygen Demand to 250 milligrams per liter, or (b) reduce
objectionable characteristics or constitutents to within the maximum
limits provided for in Section 32A-2 (3.1), or (c) control the
quantities and rates of discharge of such waters or wastes.
IRR
• � ��� M. �. �� 4 C � �p �fbs
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) Maintenance of preliminary treatment facilities.
Where preliminary treatment facilities are provided for any
waters or wastes, they shall be maintained continuously, in
satisfactory and effective operation, by the owner at his
expense.
(9) Manholes. When required by the Superintendent,
the owner of any property served by a building sewer carrying
industrial wastes shall install a suitable control manhole in
the building sewer to facilitate observation, sampling and
measurement of the wastes. Such manhole, when required, shall
be accessibly and safely located, and shall be constructed in
accordance with plans approved by the Director of Public
Utilities. The manhole shall be installed by the owner at his
expense, and shall be maintained by him so as to be safe and
accessible at all times.
(10) Standard of acceptance of wastewater excessive
in concentration; surcharge; determination of concentration.
Persons, firms, or corporations discharging industrial waste
which exhibit none of the characteristics of wastes prohibited
in Section 32A-3 other than excessive B.O.D. or Suspended Solids
but having a concentration in excess of 11normal" sewage as
defined in Section 32A-1(6) as "normal" domestic sewage may be
accepted for treatment if all the following requirements are
met:
Q
1. The waste will not cause damage to the
wastewater facilities.
2. The waste will not impair the treatment
processes or plant effluent quality.
3. The donor agrees to a surcharge over and
above sewer rates as established in
Section 32-8 Code of Ordinances, City of
Beaumont, Texas.
The method for computing the surcharge shall be set by
the following formula:
IC - B + V [a(B.O.D. - 250) + b(S.S. - 300)]
IC - Industrial Charge
B - Basic rate for Domestic Wastewater as
set forth in Section 32-8 Code of
Ordinances, City of Beaumont, Texas.
a - B.O.D. surcharge factor ($0.125 per
million gallon per milligram per liter).
b - S.S. surcharge factor ($0.117 per
million gallon per milligram per liter).
B.O.D. - Five day Biochemical Oxygen Demand of
the industrial waste (mg/1) to be
measured at intervals from composite
samples.
S.S. - Suspended Solids of industrial waste
(mg/1) to be measured at intervals from
composite samples.
V Volume discharge in million gallons
per month.
The basis for determining the surcharge shall be reviewed
bi-annually and shall be adjusted to reflect any increase or
decrease in wastewater treatment costs based on the previous years
experience.
Determination of the average concentration of strength
of the waste delivered shall be made by the City and tests made
on representative average samples collected by the City shall be
made at intervals as the City may desire. Samples shall be
taken and tests made and approved by the City and values shall
be final in fixing the applicable surcharge. However, the
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(1) Any waters or wastes containing phenols, hydrogen
sulfide, or other taste -and -odor producing substances, shall
conform to concentration limits established by the Public
Utilities Department. After treatment of the composite waste-
water, concentration limits may not exceed the requirements
established by state, federal, or other agencies with jurisdiction
over discharges to receiving waters.
(m) Any radio active waste greater than allowable
releases as specified by current United States Bureau of Standards
Handbooks dealing with the handling and release of radioactivity.
(4) Discharge of water, wastes containing toxic or
poisonous substances, statement required. Where the operation
of a person, firm or corporation entails the discharge of water
or wastes containing toxic or poisonous substances, a written
statement, on a standard form provided by the Director of Public
Utilities, 'setting forth the nature of the operation contemplated
or presently carried on shall be filed with the Director of
Public Utilities. The statement shall contain the amount of
water: which will be used and its source, the proposed point of
discharge of wastes into the sewer 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 Public Utilities to make an order
stating such minimum restrictions as in the judgment of the
Superintendent may be necessary to guard adequately against un-
lawful uses of the City's Wastewater Facilities.
(5) Interceptors® -When required; type, capacity,
location, construction. Grease, oil, and sand interceptors
shall be provided for the proper handling of liquid wastes,
containing grease in excessive amounts, or any flammable wastes,
am
Company may request in writing that parallel sampling and tests
at all times be made.by the Company and the City, in which case
the surcharge may be made, assuming City approval of Company's
test methods, using the average of comparable values obtained
by Company and City. For establishments discharging less than
20,000 gal/day, the B.O.D. and suspended solids may be determined
from standard values for various industries established by the
Public Utilities Department. The rate factor, as established by
test, for a producer will not be subject to revision more often
then once each six months.
(11) Measurements, tests, and analysis. All measure-
ments, tests and analyses of the characteristics of waters and
wastes to which. reference is made in Section 32A-2(3) and 32A-2(7)
shall be determined in accordance with the latest edition of
"Standard Methods for the Examination of Water and Wastewater",
and shall be determined at the control manhole provided for in'
Section 32A-2(9) or upon suitable samples taken at said control
manhole. In the event that no special manhole has been required,
the control manhole shall be considered to be the nearest down-
stream manhole in the public sewer to the point at which the
building sewer is connected.
(12) Compliance with existing authority. (a) Unless
exception is granted by the Director of Public Utilities, the
public sewer system shall be used by all persons discharging:
1. Wastewater;
2. Industrial waste;
3. Polluted liquids; or
4. Unpolluted waters or liquids.
(b) Unless authorized by the Texas Water Quality -Board, no person
may deposit or discharge any wasteincluded in subsection (a) of
this section on public or private property in or adjacent to any:
1 9)�
1. Natural outlet;
2. Watercourse;
3. Storm sewer;
4. Other area within the jurisdiction of
the City.
(c) The Director of Public Utilities Department shall verify
prior to discharge that wastes authorized to be discharged will
receive suitable treatment within the provisions of laws,
regulations, ordinances, rules and orders of federal, state and
local government.
Section 32A-3. Protection from Damage.
The city may pursue all criminal and civil remedies
to which it is entitled under authority of statutes and ordinances
against a person negligently, willfully or maliciously causing
loss by tampering with or destroying public sewers or treatment
facilities.
Section 32A-4. Power and Authority of Enforcing Agents.
The Director of Public Utilities and other duly authorized
employees of the City bearing proper credentials and identifica-
tion shall be permitted to enter upon all properties for the
purpose of inspection, observation, measurement, sampling,
and testing, in accordance with the provisions of this ordinance.
Section 32A-5. Penalties.
(1) Any person found to be violating any provision of
this ordinance except Section 32A-3 shall be served by the City
with written notice stating the nature of the violation and
providing a reasonable time limit for the satisfactory correction
thereof, said time limit to�be determined by the Director of
Public Utilities, but in no event shall the time limit for
correction of the violation exceed thirty (30) days. The
offender shall, within the period of time stated in such notice,
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permanently cease -all violations. If the' offender continues
violation after, the expiration .of the time : stated, the Director of
Public Utilitie.s.may prohibit the further use of the wastewater.
...facilities by, -the -offender and may remove, or close the offender's
sewer.'and'water. connections
-Where acids or chemicals -damaging -to :sewer _lines or
treatment -processes are. released to the, sewer causing, rapid,
deterioration` of ;these structures or interfering with proper-
treatment of was tewa ter, the Director-. of Public Utili ties is
authorized -to _immediately.terminate service., and the Director of.,
Public ,Utilities;_ if he shall find the same constitutes a -public
nuisance, shall have.. the power; .to abate the same forthwith. -
,(2) Any person who :s, haft- continue any violation beyond
the time limit provided for in. the preceding,section shall be'
guilty of a misdemeanor, andupon conviction thereof shall 'be
punished `as provided in,, Sec tion .l--8' of the Code of ordinances
of the City' of Beaumont, Texas. Each day in which, any such•
violation shall, continue sha11: be deemed .a. sepa-rate offense.
(3.)
Any person vio a.ting. 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..
"Sec tion - 2.
:That:'all ordinances and parts of ordinances in-coriflict.
herewith are -,hereby repealed
Sec tion . 3 .
That if any section; ubsection, 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 thi`s ordinance, . and to .such end
the- various portions and provisions of this ordinance are -declared
to:be severable:
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