HomeMy WebLinkAboutOrdinance - 1076-1951 - Regulating The Use Of Property Within The City Of Lubbock - 04/26/1951~
ORDlNANC O. 1076
04-2lJ)-1..9 51
AN ORDINANCE REGULATING THE USE OF PROPERTY WITHIN THE
CITY OF LUBBOCK AS DEPOSITORY OF EXCREMENT, GARBAGE OR OBJEC-
TIONABLE WASTE, THE DISCHARGE OF UNTREATED WASTE INTO A
NATURAL OUTLET, THE CONSTRUCTION OF FACILITIES TO BE USED FOR
THE DISPOSAL OF WASTE, AND THE CONNECTING OF TOILET FACILITIES
WITH PUBLIC SEWER: PROVIDING FOR A PRIVATE SEWAGE DISPOSAL
WHERE PUBLIC SEWER IS NOT AVAILABLE UPON SECURING A PERMIT
THEREFOR AND INSPECTION THEREOF AND REGULATING USE OF PRIVATE
SEWAGE DISPOSAL; REGULATING PUBLIC SEWERS AND CONNECTIONS
THERETO AND OWNER BEARING EXPENSE OF INSTALLATION AND CONNEC-
TION AND BEING RESPONSIBLE FOR MAINTENANCE OF BUILDING SEWER
LINE AND INDEMNIFYING CITY OF LUBBOCK FROM LOSS OR DAMAGE AND
REQUIRING APPLICANT TO NOTIFY INSPECTOR FIFTEEN (15) DAYS BEFORE
INSTALLATION NEEDED; STATING THE SPECIFICATIONS FOR INSTALLA-
TIONS; RESTRICTING USE OF PUBLIC SEWERS TO WASTE THAT IS NOT
INFLAMMABLE, POISONOUS NOR PROPERLY SHREDDED AND THAT WHICH
WILL NOT OBSTRUCT THE SEWER; PROVIDING FOR GREASE,. OIL AND SAND
INTERCEPTORS AND MANHOLES& AND SPECIAL ARRANGEMENTS; PROHIBIT
ING DAMAGES TO A PORTION OF THE MUNICIPAL SEWAGE SYSTEM; PROVID
ING INSPECTORS SHALL ENTER PREMISES FOR THE PURPOSE OF INSPECT-
ING; PROVIDING A PENALTY AND REPEALIN~~ PORTIONS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE AND FOR
PUBLICATION.
( BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
ARTICLE I
Definitions
Unless the context specifically indicates otherwise, the meaning of terms
used in this ordinance shall be as follows:
SECTION 101. "Sewage Works" shall mean all facilities for collecting,
pumping, treating, and disposing d sewage.
SECTION 102. "lnspector11 shall mean the Plumbing Inspector of the City
of Lubbock, or his authorized deputy agent or representative.
SECTION 103. 11Sewage11 shall mean a combination of the water-carried
wastes from residences, business buildings, institutions, and industrial estab-
lishments, together with such ground, surface, and storm waters as may be
present.
SECTION 104. "Sewer" shall mean a pipe or conduit for carrying sewage.
SECTION 105. 11Public Sewer•• shall mean a sewer in which all owners of
abutting properties have equal rights, and is controlled by public authority.
SE~TION 106. 11Combined Sewer" shall mean a sewer receiving both
surface runoff and sewage.
SEC'tt'ION 107. 11Sanitary Sewer" shall mean a sewer which carries sewage
and to wh~ch storm, surface, and ground waters are not intentionally admitted.
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SECTION 108. 11Storm Sewer" or 11Storm Draih11 shall mean a sewer
which carries storm and surface waters and drainage, but excludes sewage and
poluted industrial wastes.
SECTION 109. "Sewage Treatment Plant'1 shall mean any arrangement
of devices and structures used for treating sewage.
SECTION 110. 11Industrial Wastes" shall mean the liquid wastes from
industrial pil"ocesses as distinct from sanitary sewage.
SECTION 111.. 11Garbage11 shall mean solid wastes from the preparation,
cooking a.nd dispensing of food, and from the handling, storage, and sale of
produce.
SECTION 112. "Properly Shredded Garbage" shall mean the wastes
froin the preparation, cooking, and dispensing of foed 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.
SECTION 113. "Building Drain" shall mean that part o1 the lG>west hori•
zontal piping of a drainage system which receives the discharge from soil,
·waste, and other drainage pipes inside the walls of the building a1.d conveys it to
the building sewer, beginning 3 feet outside the face of the building wall.
SECTION 114. 11Building Sewer11 shall mean the e~tension from the
building drain to the p.1blic sewer or other place of disposal.
SECTION 115. 11 B. o. D. 11 {denoting Biochemical Ozygen Demand) shall
mean the quantity of oxygen utilized in the biochemical oxidation of organic
matter under standard laboratory procedure in 5 days at 2.0° c., expressed in
parts per million by weight.
SECTION 116. 11pH11 shall mean the logarithm of the reciprocal of the
weight of hydrogen ions in grams per liter or solution.
SECTION 117. "Suspended Solids11 shall mean solids that either float on
the surface of, or are in suspension in water, sewage, or other liquids! and
which are removable by laboratory filtering.
SECTION 118. "Natural Outlet11 shall mean any outlet into a watercourse,
pond, ditch, lake or other body of &rface or ground water.
SECTION 119. "Watercourse" shall mean a channel in which a flow of
water occurs, either continuously or intermittently.
SECTION 120. 11Person11 shall mean any individual, firm, company,
association, society, corporation, or group.
SECTION 12.1. 11Shall11 is mandatory; 11May" is permissive.
ARTICLE II
Use of Public Sewers,_R~e~u~i~r:.Je::Jd~---------~-""""lt-
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SECTION 201. It shall be unlawful for any person to place, deposit, or
permit to be deposited in an insanitary manner upon public or private property
within the City of Lubbock, or in any area under the jurisdiction of said City,
any human or animal excrement, garbage, or other objectionable waste.
SECTION 202. It shall be unlawful to discharge to any natural outlet
within the City of Lubbock, or in any area under the jurisdiction of said City,
any sanitary sewage, industrial wastes, or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent provisions
of this ordinance.
SECTION 203. Except as hereinafter provided, it shall be unlawful
to construct or maintain any privy, privy vault, septic tank, cesspool, or other
facility intended or used for the disposal of sewage.
SECTION 204. The owner of all houses, buildings or properties used
for human occupancy, employment, recreation, or other purpose, situated
within the City 011d abutting on any street, alley or right-of-way in which there is
now located or may in the future be located a public sanitary or combined sewer
of the City, is hereby required at his expense to install suitable toilet facilities
therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this ordinance, within ninety (90) days after
date of official notice to do so, provided that said public sewer is within one
hundred (100) feet of the property line.
ARTICLE III
Private Sewage Disposal
SECTION 301. Where a public sanitary or combined sewer is not
available under the provisions of Section 204, the building sewer shall be con-
nected to a private sewage disposal system complying with the provisions d
this article.
SECTION 302. Before commencement of construction of a private sew-
age disposal system the owner shall first obtain a written permit signed by the
Inspector. The application for such permit shall be made on a form furnished
by the City which the applicant shall supplement by any plans, specifications
and other information as are deemed necessary by the Inspector. A permit and
inspection fee of One Dollar ($1. 00) shall be paid to the Inspector at the time the
application is filed.
SECTION 303. A permit for a private sewage disposal system shall
not become effective until the installation is c.ompleted to the satisfaction of the
Inspector. He shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the Inspector when
the work is ready for final inspection, end before any underground portions are
covered. The inspection shall be made within forty-eight (48) hours of the
receipt of notice by the Inspector.
SECTION 304. The type, capacities, location, and layout of a private
sewage disposal system shall comply with al recommendations of the Department
of Public Health of the State of Texas.
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SECTION 305. At such time as a public sewer becomes available to a
property served by a private sewage disposal 9{..stem, as provided in Section 204,
a direct connection shall be made to the public sewer in compliance with this
ordinance, and any septic tanks, cesspools, and similar private sewage disposal
facilities shall be abandoned and filled with suitable material.
SECTION 306. The owner shall operate and maintain the private sewage
disposal facilities in a sanitary manner at all times. at no expense to the City.
SECTION 307. No statement contained in this article shall be construed
to interfere with any additional requirements that may be imposed by the Health
Officer.
ARTICLE IV
Building Sewers and Connections
SECTION 401. No unauthorized person shall uncover, make any connec-
tions with or opening into, use, alter, or disturb any public sewer or appurten-
ances thereof '*thout first obtaining a written permit from the Inspector.
SECTION 402. There shall be two {2) classes of building sewer permits
(l) for residential and commercial service, and (Z) for service to establishments
producing industrial wastes. In either case, the owner or his agent shall make
application on a special form furnished by the City. The permit application shall
be supplemented by any plans, specifications, or other information considered
pertinent in the judgment of the Inspector. The construction of that portion of the
building sewer between the public sewer and the property line of the alley shall
be done by the .Ci~y of-Lubbock or its agent, md the owner or his agent shall pay
the cost of this work at the time that the Plumbing Permit is issued. This fee
shall also include the permit and inspection fee of One Dollar ($1. 00). The aver-
age actual cost shall be determined by the City Water and Street Superintendent.
a n d this average cost shall be the amount charged to the property owner per
sewer tap. Ten per cent (lOo/o) shall be added to. and included in the fee for the
engineering and supervision of the work. The Building Inspector shall be governe
by the actual cost determined by the City Water and Street Superintendent.
SECTION 40Z-A. In the event that the public sewer is in the street right
of way, the Building Inspector shall require an estimate to be made by the City
Water and Street Superintendent of the particular job and the actual cost deter-
mined before issuance of the Plumbing Permit by the Building Inspector.
SECTION 403. All costs and expense incident to the installation and
connection of the building sewer shall be borne by the owner. The owner shall
indemnify the City from any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer,. The owner of the property
shall be responsible for the maintenance of the building sewer except when the
maintenance requires that the tap at the public sewer be replaced, and when the
said tap needs to be replaced, the replacing of the tap at the public sewer shall
be done by the City Water and Street Superintendent, and the owner of the property
shall pay the City the a ctual cost of the work done by the City of Lubbock.
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SECTION 404. A separate and independent building sewer shall be
provided for every building; except where one building stands at the rear of
another and no private sewer is available or can be constructed to the rear
building through an adjoining alley, court, yard, or driveway, the building
sewer from the front building may be extended to the rear building and t~e
whole considered as one building sewer.
SECTION 405., Old building sewers may be used in connection with new
buildings only when they are found, on examination and test by the Inspector, to
meet all requirements of this ordinance.
SECTION 406. The building sewer shall be cast-iron soilpipe, ASTM
specification (A 74-4Z) or equal; vitrified clay sewer pipe, ASTM specification
(C13-44T) or equal; or other suitable material approved by the Inspector. Joints
shall be tight and waterproof. If installed in filled or unstable ground, the
building sewer shall be of cast-iron soilpipe, except that non-metallic material
may be accepted if laid on a suitable concrete bed or cradle as approved by the
Inspector.
SECTION 407. The size and ·slope of the building sewer shall be subject
to the approval of the Inspector, but in no event shall the diameter be less than
four (4) inches. The slope of such 4-inch pipe shall bemot less than one-fourth
(1/4) inch per foot.
SECTION 408. Whenever possible the building sewer shall be brought
to the building at an elevation below the basement floor. No building sewer shall
be laid parallel to or within three (3) feet of any bear~g wall, which might
thereby be weakened. The depth shall be sufficient to afford protection from frost.
The building sewer shall be laid at uniform grade and in straight alignment insofa
as possible. Changes in direction shall be made only with properly curved pipe
and fittings.
SECTION 409. In all buildings in which any building drain is too low to
permit gravity flow to the public sewer, sanitary sewage carried by such draitn
shall be lifted by approved artificial means and discharged to the building sewer.
SECTION 410. All excavations required for the installation of a building
sewer shall be open trench work unless otherwise approved by the Inspector.
Pipe laying and backfill shall be performed in accordance with ASTM specifica-
tion (Cl2-19) except that no backfill shall be placed until the work has been
inspected.
SECTION 411. All joints and connections shall be made gastight and
watertight. Cast iron pipe joints shall be firmly packed with oakum or hemp and
filled with molten lead, Federal Specification (QQ-L-156), not less than one (1)
inch deep. · Lead shall be run in one pouring and calked tight. No paint, varnish,
or other coatings shall be permitted on the jointing material until after the joint
has been tested and approved.
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All joints in vitrified clay pipe <r between such pipe and metals shall
be made with approved hot-poured jointing material or cement mortar as
specified ~elow.
Material for hot-poured joints shall not soften sufficiently to destroy
the effectiveness of the joint when subJ;ected to a temperature of one hundred S.Xty
(160 F.) degrees Fahrenheit, nor be solublE!. in any of the wastes carried by the
drainage system. The joint shall first be caulked tight with jute, hemp, or simi-
lar approved materal •
. Cement joints shall be made by packing a closely twisted jute or oakum
gasket, of suitable size to fill partly the annular space between the pipes. The
remaining space shall be filled and firmly compacted with mortar composed of
one part Portland cement and three parts mortar sand. The material shall be
mixed dry• only sufficient water shall be added to make the mixture workable.
Mortar which has begun to set ·shall not be used or retempered. Lime putty or
hydrated lime may be substituted to the extent of not more than 25 per ceht of the
volume of the Portland cement that may be added.
Other jointing materials and methods may be used only by approval of
the lnspector.
SECTION 412. The connection of the building sewer into the public
sewer shall be made a the property line in the alleyt to a stub-out or 11 Y" branch
so placed by·the City of Lubbock Engineering Departmentfor this connection. The
applicant for the building sewer permit shall notify the Inspector at least fifteen
(15) days prior to the time that the ·installation is actually needed for connection to
the public sewer, and upon giving the said notice the applicant shall specify the
approximate location of the sewer tap, the depth,and shall establish the flo.v line
elevation of the building sewer line at the rear property line.
SECTION 413. In the event that the tap is installed by the City pmr to
the tie-in with the building sewer line, the applicant shall notify the Inspector
when the btlilding sewer is ready for inspection and connection to the public sewer.
The connection shall be made under the supervision oLthe Inspector or his
representative.
SECTION 414. All excavations for building sewer installation shall be
adequately guarded with barricades and lights so .as to protect the public from
hazard. Streets, sidewalks, parkways and other public property disturbed in
the course of the work shall be restored in a manner satisfactory to the City.
ARTICLE V
Use of the Public Sewers
SECTION 501. No person shall discharge or cause to be discharged any
storm water, surface water, ground water, roof runoff, subsurface drainage,
cooling water or unpolluted industrial process waters to any sanitary sewer.
SECTION 502. Storm water and all other unpolluted drainage shall be
discharged to such sewers as are specifically designated as combined sewers or
storm sewers, or to a natural outlet approved by the Inspector. Industrial cool-
ing water or unpolluted process waters may be discharged, upon approval of the
Inspector, to a storm sewert combined sewer or natural outlet.
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SECTION 503. Except as hereinafter provided, no person shall dis-
charge or cause to be discharged any of the following described waters or wastes
to any public sewer:
(a) Any liquid or vapor having a temperature higher than 150 F.
(b) A:ny water or waste which may contain more than 100 parts per
million, by weight, of fat, oil or grease.
{c) Any gasoline, benzene, naphtha, fuel oil, or other flammable or
explosive liquid, solid or gas.
(d) A:ny garbage that has not 'been properly shredded.
{e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscou
substance capable of causing obstruction to the flow in sewers or other inte-rfer-
ence with the proper ope;raition of the sewage works.
(f) Any waters or wastes having a pH lower than 5. 5 or higher than 9. O,
or having any other corrosive property capable of causing damage or hazard to
structurest equipment, and personnel of the sewage works.
(g) Any waters or wastes containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment process, con-
stitute a hazard to humans or animals, or create any hazard in the receiving
waters of the sewage treatment plant. .
(h) A:ny waters or wastes containing suspended S>lids of such character
and quantity that unusual attention or expense is required to handle such mater-
ials at the sewage treatment plant.
{i) Any noxious or malodorous gas or substance capable of creating a
public nuisance.
. SECTION 504. Grease, oil~ and sand interceptors shall be provided
when, in the opinion of the Inspector, they are necessary for the proper handling
of liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand, and other harmful ingr'edients; except that such interceptors shall
not be required for .private living quarters or dwelling units. All interceptors
shall be of a type and capacity approved by the Inspector, and shall be located
as to be readily and easily accessible for cleaning and inspection.
Grease and oil interceptors shall be constructed of impervious mater-
ials capable of withstanding abrupt and extreme changes in temperature. They
shall be of substantial.construction, watertight, and equipped with easily remov-
able covers which when bolted in place shall be gastight and watertight.
SECTION 505. Where installed, all grease, oil and sand interceptors
·shall be maintained by the owner, at his expense, in continuously efficient
operation at all times. ·
SECTION 506. The admission int-o the public sewers of any waters or
wastes ha-ving (aj a five (5) day Biochemical Oxygen Demand greater than 300
parts per million by weight, or (b) containing mol}.e than 350 parts per million
by weight of sU:spended solidst or (c) containing any quantity of substances having
the characteri-stics described in Section 593·, or (d) having an average daily flow
greater than two per cent (Zo/o) of the average daily sewage flow of the City, shall
be subject to the review and approval of the Inspector. Where necessary in the
opinion of the Inspecto-r, the owner shall provide, at his expens-e, such
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preliminary treatment as may be necessary to (a) reduce the Biochemical G>xy-
gen Demand to 300 parts per million and the suspended solids to 350 parts per
million by weight, or (b) reduce objectionable characteristics or constituents
to within the maximum limits provided for in Section 503, or (c) control the
quantitie.s.. and rates of discharge of such waters or wastes. Plans, specifica-
tions, and any other pertinent information relating to proposed preliminary
treatment facilities shall be submit'J;ed for the approval of the Inspector and of
the Department of Public Health of the State of Texas, and no construction of
such facilities shall be commenced until said approvals are obtained in writing.
SECTION 507. ~he}."e 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.
SECTION 508. When required by the Inspector, the owner of any prop-
erty served by 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 ...Wth plans approved
by the Inspector. 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.
SECTION 509. All measure ments, test, and analyses of the character-
istics of waters and wastes to which reference is made in Sections 503 and 506
shall be determined in accordance with "Standard Methods for the Examination
of Water and Sewage, 11 and shall be determined at the control manhole provided
for in Section 508, o~ upon suitable samples taken at said control manhole. In
the event that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer t(!) the
point at which the building sewer is connected.
SECTION 510. No statement contained· in this article shall be mnstrued
as preventing any special agreement or arrangement between the City and any
industrial concern whereby an industrial waste of unusual strength or character
may be accepted by the City for treatment, subject to payment therefor by the
industrial concern.
ARTICLE VI
Protection from Damage
SECTI.QN 601. No unauthorized person shall maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or tamper with any struc-·
ture, appurtenance, or equipment which is a part of the municipal sewage works.
Any person violating this provision shall be subject to immediate arrest under
charge of disorderly conduct.
ARTICLE VII
Powers and Authority of Inspectors
SECTION 701. The Inspector and other duly authorized employees of
the City bearing proper credentials and identification shall be permitted to enter
upon all properties for the purposes of inspection., observation, measurement,
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sampling, and testing, in accordance with the provisions of this ordinance.
ARTICLE VIII
Penalties
SECTION 801. Any person found to be violating any provision of this
ordinance except Section 601 shall be served by the City of Lubbock with written
notice stating the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the period
of time stated in such notice, permanently cease all violations.
SECTION 802. Any person who shall continue any violation beyond the
time limit provided for in Section 801 shall be guilty of a misdemeanor, and
upon conviction thereof shall be fined in an amount not exceeding Two Hundred
Dollars ($200. 00) for each violation. Each day in which any such violation shall
continue shall be deemed a separate offense.
SECTION 803. Any person violating any of the provisions of this -ordin-
ance shall become liable to the City of Lubbock for any expense, loss, or
damage occasioned the City of Lubbock by reason of such violation.
ARTICLE IX
Validity
SECTION 901. All ordinances or parts of ordinances in conflict here-
with are hereby repealed.
SECTION 902. The invalidity of any section, ·clause, sentence, or pro-
vision of this ordinance shall not affect the validity of any other part of this
ordinance which can be given effect without such invalid part or parts.
ARTICLE X
Effective Date
SECTION 1001. This ordinance shall be in full force and effect from and
after October 1, 1951.
ARTICLE XI
Publication
SECTION 1101. The City Secretary is hereby directed to cause publica-
tion of the descriptive caption of this ordinance, together with the penalty
clauses (being Section 802) as an alternative provided by law.
AND IT IS SO ORDERED.
On motion of Commissioner Davia , seconded by Commis-----------------sioner Mor ris , this ordinance was passed on first reading by unanimous
vote of the City Commission, this the 26th day of April , 1951.
On motion of Commissioner , seconded by Commis-
----------------sioner , this ordinance was passed on second reading by unani-
mous vote of the City Commission7 the day of , 1951.
ATTEST: Ma
City Secretary
ORDINANCE
# 101Lo
FIRST READING
ONLY
NO FINAL
PASSAGE