HomeMy WebLinkAboutOrdinance - 9920-1996 - Amending Chapter 28 Wastewater Collection And Treatment - 07/11/1996I
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First Reading
July 11, 1996
: Item #44
Second Reading
July 25, 1996
Item #11
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ORDINANCE NO. 9920 ------
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF
THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTEWATER COLLECTION
• AND TREATMENT; PROVIDING A PENAL TY; PROVIDING A SAVINGS CLAUSE; AND
1 PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, deems it to be in the best
interest of the health, safety and welfare of the citizens of the City of Lubbock to make the
· following amendment to Chapter 28 of the Code of Ordinances of the City of Lubbock; NOW
THEREFORE:
. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 28-72 of the Code of Ordinances of the City of Lubbock,
! Texas, is hereby amended by adding thereto a new definition to read as follows:
Sec. 28-72. Definitions.
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 violation of any
requirement of the City of Lubbock's NPDES permit, including an increase in
magnitude or duration of a violation.
SECTION 2. THAT Subsections 28-98(5), (6) and (10) of the Code of Ordinances of
the City of Lubbock, Texas, are hereby amended to read as follows:
Sec. 28-98. General discharge prohibitions.
(5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers; tar,
plastics, wood, paunch manure, hair and fleshings, entrails, lime residues, slops,
chemical residues, paint residues, bulk solids or any other solid or viscous
substance capable of causing obstruction to the flow in sewers or other
interference with the proper operation of the sewage works.
(6) Any waters or wastes having a pH lower than five point zero (5.0) or higher than
ten point zero (10.0), or having any other corrosive property capable of causing
damage or hazard to structures, equipment or personnel of the wastewater system.
(10) Any trucked or hauled pollutants, except at discharge points designated by the city
in accordance with section 28-128 Regulation 4 of this article.
SECTION 3. THAT Section 28-99 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as·follows:
Section 28-99. Specific pollutant limitations.
No person shall discharge wastewater containing in excess of:
Substance Quantity (mg I l)
Aluminum .................................... .
Arsenic ...................................... .
Barium ...................................... .
BOD5 (composite) ............................. .
BOD5 (grab) ................................. .
Cadmium .................................... .
Copper ...................................... .
Cyanide ..................................... .
Hexavalent Chromium .......................... .
Lead ........................................ .
Mercury ..................................... .
Nickel ....................................... .
Selenium ..................................... .
Silver ..... · ................................... .
Trivalent Chromium ............................ .
Zinc .......................................... .
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80.14
0.36
7.69
3,000
5,000
0.03
2.67
0.07
1.29
0.68
0.0002
2.98
0.03
0.14
10.75
4.69
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SECTION 4. -TIIAT Section 28-102 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 28-102. Determination of measurement, test, and analysis of characteristics
of water and wastes.
All measurements, tests and analyses of the characteristics of water and wastes to
which reference is made in sections 28-98 and 28-99 of this Code shall be determined in
accordance with the EPA approved methods referenced in 40 CFR part 136 and shall be
determined at the control manhole provided for in section 28-131 of this Code, or upon
suitable samples taken at such control manhole. If 40 CFR part 136 does not contain
sampling or analytical techniques for the pollutant in question, sampling and analyses
must be performed in accordance with procedures approved by the EPA. In the event that
no special manhole has been required, the control manhole shall be considered to be the
nearest downstream manhole in the sanitary sewer to the point at which the building
sewer is connected. In the event the nearest downstream manhole is unsuitable for
collection of a representative sample, the building's sewer cleanout shall be used for
sample collection.
SECTION 5. TIIAT Section 28-103 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 28-103. Agreement for treatment of unusual waste.
No statement contained in this Division 3 Discharge Regulations, shall be
construed as preventing an agreement between the city and any industrial concern
whereby an industrial waste of unusual strength or character may be accepted by
the city for treatment. The city may agree to treat abnormal wastes if all the
following requirements are met and specifically authorized by the Director of
Water Utilities in a wastewater discharge permit:
a. The wastes do not violate Section 28-98 and Section 28-99 or categorical
pretreatment standards;
b. The wastes will not cause damage to the collection system;
c. The wastes will not impair the treatment processes;
d. The waste is amenable to treatment such that when it leaves the treatment
plant to be discharged, the waste does not exceed, or cause the total
discharge to exceed, the standards set by federal and state agencies having
jurisdiction; and
e. The user agrees to payment for all tests and reports necessary to
demonstrate the above requirements.
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SECTION 6. THAT Section 28-132 of the Code of Ordinances of the City of Lubbock,
Texas, is hereby amended to read as follows:
Sec. 28-132. Inspection and sampling.
The city shall inspect the facilities of any user to ascertain whether the purpose of
this article is being complied with and requirements are met. Minimally, the city shall
inspect on an annual basis the premises of each significant industrial user and shall talce at
least one (1) sample from each significant industrial user each year. Persons or occupants
of premises where wastewater is created or discharged shall allow the city or their
representative ready access at all reasonable times to all parts of the premises for the
purposes of inspection, sampling, records examination or in the performance of any of
their duties. Hours of operation of the plant and times during which the plant is making
discharge to the POTW' s collection system shall be deemed reasonable hours for entry of
city inspectors for the purposes of this section. The city, TNRCC, other state agencies
and EPA shall have the right to set upon the user's property such devices as are necessary
to conduct sampling inspection, compliance monitoring and/or metering operations.
Where a user has security measures in force which would require proper identification
and clearance before entry into their premises, the user shall make necessary
arrangements with their security guards so that upon presentation of suitable
identification, personnel from the city, TNRCC, other state agencies and EPA will be
permitted to enter, without delay, for the purposes of performing their specific
responsibilities.
SECTION 7. THAT Section 28-136 of the Codes of Ordinances of the City of Lubbock,
Texas, is hereby amended by adding subsection (c) as follows:
Sec. 28-136. Harmful contributions.
(c) When the Director of Water Utilities finds that it would be appropriate, the
Director of Water Utilities may issue an order to the user responsible for the discharge
directing that the user come into compliance within a specified time. If the user does not
come into compliance within the time provided, sewer service may be discontinued
unless adequate treatment facilities, devices, or other related appurtenances are installed
and property operated. Compliance schedules also may contain other requirements to
address the noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged to the sewer. A
compliance schedule may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance schedule relieve the user of
liability for any violation, including any continuing violation. Issuance of a compliance
schedule shall not be a bar against, or a prerequisite for, taking any other action against
the user.
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SECTION 8. THAT violation of any provision of this ordinance shall be deemed a
misdemeanor punishable as provided by Section 1-4 of the Code of Ordinances of the City of
Lubbock, Texas.
SECTION 9. THAT should any paragraph, sentence, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 10. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of publication
provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 1 1 tb
Passed by the City Council on second reaai'ITTJZ..att:!r" =..!""..urt...+t::.-
ATTEST:
Harold Willard, Interi~y Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
. nald G. Vandiver, First Assistant City
: Attorney
ddord\ccdocs\water.ord
i rev, June 25, 1996
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_......,.T1.,_.1l-11-Y-----'' 1996.
_ .... ,I ..... uJ....,y,_ __ _,, 1996.
nd for Lubbock County, Texas on this day
LD1~l.ll.J~rn£:lQ.U.g~=4~i!l!!::"2:d.tiga...~~~~;c_of the Southwestern Newspa-
publishers of the Lubbock Avalanche-Journal Morning, a d Sunday, who being by me duly
sp P.er bas been published continuously for more than fifty-two weeks pri-lJi-k._e.,
-1,.,Jo,C0-....:9L ......... !,,.L---<1t Lubbock County, Texas and the attached print-
tr e copy of the ori · nd was printed in the Lubbock
NOTARY PUBLIC In an or the State of Texas
My Commission Expires .................. ___ _
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~ :PATTI TATE
Notary Public, State of Texas ~ ... , My Commission Expires
7-05-2000,