HomeMy WebLinkAboutOrdinance - 9294-1989 - Amending Chapter 28 Of The Code Of Ordinances Regard To Wastewater Regulations - 07/27/1989II
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First Reading July 27, 1989 Item #30
Second Reading
August 10, 1989
Item ~!'
ORDINANCE NO. _.;;...92.;...;.94..:..._ __
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF LUBBOCK, TEXAS, WITH REGARD TO WASTE WATER REGULATIONS BY ENACTING
A NEW ARTICLE III THERETO; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in
the best interest of the health, safety and general welfare of the
citizens of the City of Lubbock to update and revise the waste water
regulations of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article III of Chapter 28 of the Code of Ordinances
of the City of Lubbock, Texas, BE and is hereby amended to read as
follows:
ARTICLE III. WASTEWATER SYSTEM
DIVISION I. GENERAL PROVISIONS
Sec. 28-71. Purpose and policy
This article sets forth uniform requirements for direct and indirect
contributors into the wastewater collection and treatment system for the
City of Lubbock and enables the City to comply with all applicable State
and Federal laws required by the Clean Water Act of 1977 and the General
Pretreatment Regulations (40 CFR, Part 403).
The objectives of this article are:
(1) To prevent the introduction of pollutants into the municipal
wastewater system which will interfere with the operation of the system or contaminate the resulting sludge;
(2} To prevent the introduction of pollutants into the municipal
wastewater system which will pass through the system, inadequately
treated, or otherwise be incompatible with the system;
(3} To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system;
(4) To provide for equitable distribution of the cost of the municipal wastewater system; and
(5) To protect the health and safety of wastewater treatment and
wastewater collection personnel.
I
This article provides for the regulation of direct and indirect
contributors to the municipal wastewater system through the issuance of
permits to certain non-domestic Users and through enforcement of general requirements for the other Users, authorizes monitoring and enforcement
activities, requires User reporting, assumes that existing customer's
capacity will not be preempted, and provides for the setting of fees for
the equitable distribution of costs resulting from the program established
herein.
This article shall apply to the City of Lubbock and to persons outside the City of Lubbock who are, by contract or agreement with the City of
Lubbock, Users of the City of Lubbock's publicly owned treatment works
(POTW). Except as otherwise provided herein, the Director of Water
Utilities of the City of Lubbock POTW shall administer, implement, and
enforce the provisions of this article.
Sec. 28-72. Definitions
Unless the context specifically indicates otherwise, the meaning of the
terms used in this article shall be as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
A£1. The Clean Water Act (33 U.S.C. 1251 et seq), as amended.
Approved metering device. A metering device approved by the
Director of Water Utilities and/or his duly authorized
representatives.
Authorized representative of Industrial User. An authorized
representative of an Industrial User may be: (1) A principal
executive officer of at least the level of vice-president, if the
Industrial User is a corporation; (2) A general partner or
proprietor if the Industrial User is a partnership or
proprietorship, respectively; (3) A duly.authorized representative
of the individual designated above if such representative is
responsible for the overall operation of the facilities from which the indirect discharge originates.
Biochemical Oxvgen Demand !BOD). The quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard
laboratory procedure, as specified in "Standard Methods" in five (5)
days at twenty (20) degrees Centigrade expressed as milligrams per liter.
Boiler blow-down. The discharge of waters or wastes from a boiler.
Building sewer. The extension from the building drain to the public sewer or other place of disposal.
Categorical standards. National Categorical Pretreatment Standards
or Pretreatment Standard.
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(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
Cesspool. A covered pit into which raw sewage is discharged for
final disposal by leaching into the surrounding porous soil.
City. The City of Lubbock, a home rule municipal corporation of
Lubbock County, Texas.
Commercial. Establishments which primarily discharge domestic
wastes, but are not limited to such wastes.
Control authority. The Director of Water Utilities for the City of
Lubbock, Texas or his duly authorized representatives.
Cooling water. The water discharged from any use such as air
conditioning, cooling or refrigeration, or to which the only
pollutant added is heat.
Djrect discharge. The discharge of treated or untreated wastewater
directly to the waters of the State of Texas.
Director of Water Utilities. The person designated by the City to
supervise the operation of the publicly owned wastewater collection
and treatment works and who is charged with certain duties and
responsibilities by this article, or his duly authorized
representatives.
Domestic wastewater. The wastewater normally discharging into the
sanitary conveniences of dwellings (including apartment houses and
hotels), office buildings, factories and institutions, free of storm water, free of extraneous nonpolluted water, and free of industrial
waste.
Environmental Protection Agency, or EPA. The United States
Environmental Protection Agency, or where appropriate the term may also be used as a designation for other duly authorized official of
said agency.
Garbage. Solid wastes and residue 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 one-quarter inch in any dimension.
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
without consideration of time.
Grease. Any material recovered as a substance soluble in trichlorotrifluoroethane including biological and mineral
hydrocarbons, such as, but not limited to, thick oils, viscous
lubricants, fats, etc.
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)
(20) Health Official. City Health Officer, Public Health Administrator,
or the duly designated representative of the City or State Health
Department.
(21)
{22)
(23)
(24)
{25)
{26)
(27)
(28)
Holding tank waste. Any waste from holding tanks; receptacles in
boats, chemical toilets, campers, trailers, etc.; and/or any wastes
from septic tanks, and vacuum-pump tank trucks.
Indirect discharge. The discharge or the introduction of
nondomestic pollutants from any source regulated under section
307(b) or (c) of the Act, (33 U.S.C. 1317), into the POTW (including holding tank waste discharged into the system).
Industrial. Establishments that produce industrial waste.
Industrial User. Any industry that discharges industrial processing
wastewater, including sanitary wastewater, into the City of
Lubbock's sanitary sewer system.
Industrial waste. Any water-borne solid, liquid or gaseous waste
resulting from any commercial, industrial, manufacturing or food
processing operation or from the development of any natural resource
or any mixture of these with water or domestic sewage as distinct
from normal domestic sewage.
Inspector. Any authorized agent or representative of the City.
Interference. The inhibition or disruption of the POTW treatment
processes or operations which contributes to a violation of any
requirement of the City's TWC Permit. The term includes prevention
of sewage sludge use or disposal by the POTW in accordance with 405
of the Act, {33 U.S.C. 1345) or any criteria, guidelines, or
regulations developed pursuant to the Solid Waste Disposal Act
(SWDA), the Clean Air Act, the Toxic Substances Control Act, or more
stringent state criteria (including those contained in any State
sludge management plan prepared pursuant to Title IV of SWDA)
application to the method of disposal or use employed by the POTW.
land application site. The designated site for final disposal of effluent from the City's POTW's.
(29) H!Y. Permissive.
(30) Multi-family dwelling units. Two {2) or more dwelling units on a
single lot or tract, whether in one building or more than one
building or structure including a mobile home or homes located on a
single Jot or tract of land irrespective of the fact that water
service for each unit may or may not be one meter or all on the same
meter. This definition also applies to multi-family dwelling units
with a private water supplier if connected to the City of lubbock's
sanitary sewer system.
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(31)
(32)
(33)
(34)
(35)
National c~tegorical pretreatment or pretreatment standard. Any
regulation containing pollutant discharge limits promulgated by the
EPA in accordance with section 307(b) and (c) of the Act (33 U.S.C.
1347) which applies to a specific category of Industrial Users.
Natural outlet. Any outlet into a watercourse, pond, ditch, lake or
other body of surface or ground water.
Normal domestic sewage. Sewage which, when analyzed, shows by
weight a daily average of not more than 250 mg/L of BOD and not more
than 250 mg/L of TSS, and which is otherwise acceptable into a
public sewer under the terms of this Article III of Chapter 28 of
the Code of Ordinances of the City of Lubbock.
National prohibitive discharge standard or prohibitive discharge
standard. Any regulation developed under the authority of 307(b) of
the Act and 40 CFR, Section 403.5
New source. Any source, the construction of which is commenced
after the publication of proposed regulations prescribing a section
307(c) (33 U.S.C 1317) Categorical Pretreatment Standard which will
be applicable to such source, if such standard is thereafter
promulgated within 120 days of proposal in the Federal Register.
Where the standard is promulgated later than 120 days after
proposal, a new source means any source, the construction of which
is commenced after the date of promulgation of the standard.
(36) Official notice. Registered or certified letter (return receipt requested) from the Director of Water Utilities or his duly
authorized representatives.
(37)
(38)
(39)
On-site sewerage systems. Septic tanks, pit privies, cesspools,
sewage holding tanks, injection wells used to dispose of sewage,
chemical toilets, treatment tanks, and all other facilities,
systems, and methods used for the disposal of sewage other than the
disposal systems operated under a permit issued by the Texas Water
Commission.
OWner. The person, firm or public or private corporation using a
lot, parcel of land, building or premises that discharge water-borne
wastes, either polluted or unpolluted, within the City limits of the
City of Lubbock, who pays or is legally responsible for the payment
of water rates or charges made against the said lot, parcel of land,
building or premises, if connected to the water distribution system of the City of Lubbock, or who would be legally responsible for such
payment if so connected.
Person. Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate,
governmental entity or any other legal entity, or their legal
representatives, agents or assigns. The masculine gender shall
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include the feminine, the singular shall include the plural where
indicated by the context.
(40) RH· The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
(41)
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
Polluted water. Any water or water-borne waste that is not approved
for discharge into a watercourse or stream by the appropriate
governmental authority or any water that requires treatment prior to acceptance for a domestic water supply.
Pollution. The man-made or man-induced alteration of the chemical,
physical, biological, and radiological integrity of water.
Pollutant. Any dredged spoil, solid waste, incinerator residue,
sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, and industrial,. municipal, and
agricultural waste discharged into water.
POTW treatment plant. That portion of the POTW designed to provide treatment to wastewater.
Pretreatment or treatment. 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 or otherwise introducing such
pollutants into a POTW. The reduction or alteration can be obtained
by physical, chemical or biological processes, or process changes
other means, except as prohibited by 40 CFR Section 403.6(d), also
pretreatment or treatment includes such devices as grease, oil, or
sand interceptors, and hydrocarbon removal units but is not limited
to these units.
Pretreatment reguirements. Any substantive or procedural
requirement related to pretreatment, other than a National
Pretreatment Standard, imposed on an Industrial User.
Private water supplier. Water supplied from a private source, such
as a well, or any source other than the public water supply.
Public sewer. A sewer in which all owners of abutting properties
have specific rights and is controlled by public authority.
Publicly Owned Treatment Works CPOTW). A treatment works as defined
by section 212 of the Act, (33 U.S.C. 1292) which is owned in this
instance by the City. This definition includes any sewers that
convey wastewater to the POTW treatment plant and the designated
land-application site, but does not include pipes, sewers or other
conveyances not connected to a facility providing treatment. For
the purposes of this ordinance, "POTW" shall also include any sewers
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that convey wastewaters to the POTW from persons outside the City
who are, by contract or agreement with the City, Users of the City's
POTW.
(50) Residential. Dwelling Units that are individually metered and produce domestic wastewater, including those with private water
supply but connected to the City of lubbock's sanitary sewer system.
(51) Reverse osmosis. The separation of a solvent and a solute by the
application of pressure in excess of natural osmotic pressure to the
solution side of the membrane forcing the solvent to the other side.
(52) Sanitary sewer. A publicly owned pipe or conduit designed to
collect and transport industrial waste and domestic sewage.
(53) Sewage. Domestic or Industrial waste carried in the drains and
pipes of the sanitary sewer.
(54) Sewer. A pipe or conduit designed to collect and transport sewage.
(55) Shall. Mandatory.
(56) Significant Industrial User. Any Industrial User of the City's POTW
who (i) has an average discharge flow of 25,000 gallons or more per
average work day, or (ii) has a flow greater than 5% of the flow in
the City's POTW, or (iii) has in his wastes toxic pollutants or EPA
priority pollutants as defined pursuant to Section 307 of the Act of
Texas Statutes and Rules, or {iv) is found by the City, Texas Water
Commission or the U.S. Environmental Protection Agency (EPA) to have
significant impact, either singly or in combination with other
contributing industries, on the POTW, the quality of sludge; the
system's effluent quality, or air emission generated by the system,
or (v) is a categorical industry.
(57) Single·family residence. One building structure or mobile home on a single lot or tract occupied as one dwelling unit.
{58) Slugload. Any substance released in a discharge at a rate and/or
concentration which causes Interference to a POTW.
(59) State. State of Texas
{60) Standard Industrial Classification (SIC). A classification pursuant
to the latest edition of the Standard Industrial Classification
Manual issued by the executive office of the President, Office of
Management and Budget.
{61) Standard methods. The examination and analytical procedures set forth in the latest edition, at the time of adoption of this
section, of "Standard Methods for the Examination of Water and
Wastewater" as prepared, approved and published jointly by the
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American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation.
(62) Storm sewer or storm drain. A sewer which carries storm and surface
waters and drainage but excludes sewage and polluted industrial
wastes.
(63) Storm water. Any flow occurring during or following any form of
natural precipitation and resulting therefrom.
(64) Texas Department of Health fTDH). The Texas Department of Health has been established by state law to better protect and promote the
health of the people of Texas.
(65) Total Suspended Solids (ISS) or suspended solids. The solids that
either float on the surface of, or in suspension in, water, sewage
or other liquids; and which are removable by laboratory filtering.
Quantitative determination of suspended solids shall be made in
accordance with procedures set forth in "Standard Methods."
(66) Toxic waste. Any water-borne liquid, solid or gaseous substance in
sufficient quantity to damage, injure or interfere with any sewage
treatment process, constitute a hazard to humans, animals or plants,
or create any hazard to humans, animals or plants, or create any
hazard in the ground waters.
(67) Toxic pollutant. Any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the Administrator of the
Environmental Protection Agency under the provision of CWA 307(a) or
other Acts.
(68) Texas Water Commission (TWC). The commission is the agency of the State given primary responsibility for implementing the constitution
and laws of this State relating to water.
(69) Unpolluted water. Water or water-borne waste that is free of
emulsified grease or oil, acids or alkalies, phenols, or other
substances that would cause taste and odor in receiving water, toxic
or poisonous substances in suspension, solution or gaseous state,
shall not contain more than ten (10) mg/L each of BOD and suspended
solids. The color shall not exceed fifty (50) units. Any water or
wastewater approved for discharge into a stream or waterway by the
appropriate state authority shall be considered unpolluted water.
(70) ~. Any person who contributes, causes or permits the contribution of wastewater into the City's POTW.
(71) Watercourse. A channel in which a flow of water occurs either
continuously or intermittently.
(72) Water-borne. Supported or transported by water.
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(73)
(74)
(75)
Wastewater. The liquid and water-carried industrial or domestic
wastes from dwellings, commercial buildings, industrial facilities,
and institutions, together which may be present, whether treated or
untreated, which is contributed into or permitted to enter the POTW.
Waters of the State. All streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, reservoirs, aquifers,
irrigation systems, drainage systems and all other bodies or
accumulations of water, surface or underground, natural or
artificial, public or private, which are contained within, flow
through, or border upon the State or any portion thereof.
Wastewater contribution permit. As set forth in section 28-117 of
this ordinance.
ABBREVIATIONS
The following abbreviations shall have the designated meanings:
BOO -Biochemical Oxygen Demand.
CFR -Code of Federal Regulations.
CWA -Clean Water Act.
COO -Chemical Oxygen Demand. i£A -Environmental Protection Agency.
~ -Fats, Oils, and Grease.
1 -Liter.
mg -Milligrams.
msLL -Milligrams per liter.
O&M -Operations and Maintenance.
POTW -Publicly Owned Treatment Works. IDH -Texas Department of Health.
TDS -Total Dissolved Solids.
TSS -Total Suspended Solids.
TWC -Texas Water Commission.
SIC -Standard Industrial Classification.
Sec. 28-73. Toilet facilities; time of connection with sewer
Suitable toilet facilities shall be installed at the owner's expense in
places of human occupancy, employment, recreation or other purposes,
situated within the City and abutting on any street, alley or right-of-way
in which there is now located or may in the future be located a public
sewer in accordance with the provisions of this Article III, Chapter 28 of
the Code of Ordinances of the city of Lubbock. Such facilities shall be
connected to the public sanitary sewer system within ninety (90) days
after date of official notice to do so; provided, that such public sewer
is within one hundred (100) feet of the property line where said facilities are located.
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Sec. 28-74. Connecting building sewer with on-site sewerage system
Where a public sanitary sewer is not available under the provisions of
section 28-73 of this Code, the building sewer shall be connected to an
on-site sewerage system complying with the provisions of this Division I
General Provisions of this Ordinance.
Sec. 28-75. Construction of on-site sewerage systems
Regulations for construction of on-site sewerage systems will be the regulations set forth in the TDH "Construction Standards for On-site
Sewerage Facilities," and the regulations set forth by the City Health
Department.
Sec. 28-76. Operating an on-site sewerage system at no expense to City
The owner shall operate and maintain the on-site sewerage facilities in a
sanitary manner at all times, at no expense to the City.
Sec. 28-77. Guards, barricades; restoration of streets, sidewalks.
etc.
All excavations for building sewer installations 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 wort shall be restored in a manner satisfactory to
the City.
Sec. 28-78. Damaging, destroying. defacing, etc., the sanitary sewer
system and POTW
No person shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is a part of the City sanitary sewer and POTW.
Sees. 28-79 -28·85. Reserved.
DIVISION II. SEWER SERVICE AND CHARGES
Sec. 28-86. Rates charged for sewer service
(a) Sewer service charges presently in effect under this Section
shall remain effective for all billings scheduled to be
rendered on and after July 1, 1989, there shall be charged for
sewer service to all residences, places of business, private
and public buildings, churches, schools, institutions, and all other sewer services customers the following service charges:
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RESIDENTIAL:
Individually Metered Residential $5.60 per month minimum
including 3,000 gallons; $0.68 per thousand gallons per month
thereafter maximum charge $10.36 (10,000 gallons per month)
for each non-sprinkler meter.
Individually Metered Residential units shall pay the above
service charge based on a calculated estimate of sewer flow
determined from water consumption records for individual
customers. Water consumption information for months of
typically low irrigation usage will be examined to establish a
"basis" for sewer service charges. Sewer charges will be
levied based on water consumption up to the maximum determined
by the "basis.•• The basis for new customers shall be 6,000
gallons until adequate historical information is available.
COMMERCIAl:
5/8 inch or 3/4 inch meter $5.60 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
1 and 1 1/4 inch meter $13.52 per month minimum
including 3,000 gallons;
$.68 per thousand gallons
per months thereafter.
1/2 inch meter $24.09 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
2 inch meter $34.66 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
3 inch meter $92.77 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
4 inch meter $161.45 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
6 inch meter $330.50 per month minimum
including 3,000 gallons;
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8 inch meter
10 inch meter
$0.68 per thousand gallons
per months thereafter.
$475.79 per month minimum
including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
$766.35 per month minimum
, including 3,000 gallons;
$0.68 per thousand gallons
per months thereafter.
Universities, Schools,
Geriatric Institutions,
Orphan Homes, Public or
Private Institutions,
Public Schools, Churches,
Multi-Family Residential
and all other sewer service
customers except individually
metered residents and indus-
trial customers.
INDUSTRIAL:
SURCHARGE:
The charge for these
Users shall be the
same as the commercial
rate.
The charge for Industrial
Users shall be the same as
the commercial rate.
Any wastewater which exceeds
BOD, grease or TSS concentration
limits shall be subject to addi-
tional treatment charges. The
charge for treating BOD and
grease shall be $0.1076/lb. and
treating TSS shall be $0.0918/
lb.
(b} Surcharge calculations for Grease, BOD, and TSS:
Surcharge ($) • [A(B -C) X D x E]
A • Flow in million of gallons
B • Grease, BOD, or TSS concentration in mg/L
C • Grease, BOD, or TSS ordinance limit
D • (8.34) pounds per gallon of water
E • Cost per pound
{c) The rates for sewer service as shown in paragraphs (a}
and (b}, shall be reviewed annually to insure the adequacy of
the rates to cover the total cost of operation, maintenance,
and capital costs. These rates shall examined by the
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Assistant City Manager for Financial Services and the
Assistant City Manager for Financial Services shall make such
recommendations for adjustments and changes in such rates to
the City Council as deemed necessary after each annual review
for consideration by the City Council.
Sec. 28-87. Measurement of wastewater flow of Commercial or Industrial
Users
It shall be the responsibility of all the Commercial or Industrial Users
to provide an approved metering device for the sewage flow or metering for
the private water supplier to determine the quantity discharged. In the
event the metering measurement is not provided, sewer service shall be
determined and assessed by the City until such a measuring device is
provided. Measuring devices shall be installed by the User within 90 days
of official notice from the City.
Sec. 28-88. Measurement of wastewater flow of Commercial or Industrial
Users with irrigation, in plant, in process or in product
water losses
It shall be the responsibility of all the Commercial and/or Industrial
Users with substantial irrigation, in plant, in process or in product
water losses, to provide an approved metering device to determine the
quantity of sewage discharged. Such metering devices, quantities, and
exemptions claimed shall be approved by the Director of Water Utilities
prior to incorporation into the billing process. In the event the
metering measurement is not provided, the service charge shall be determined and assessed by the City until such a measuring device is
provided. Measuring devices shall be installed by the User, and at the
User's expense, within 90 days of official notice from the City.
Sec. 28-89. Disconnection for nonpayment for service
(a) In the event any person, firm or institution presently
connected with City water service fails or refuses to pay the
assessed sewer charge within fifteen (15) days after due date,
water and sewer service shall be discontinued at the premises
assessed and not be renewed until payment of the assessed
charges plus the conditions and charges for reestablishment of
water service as provided in section 28-24 of this Code.
(b) In the event any person, firm or institution not connected
with City water service fails or refuses to pay the assessed
sewer charge within fifteen (15) days after due date, sewer
service shall be disconnected for those residences or
businesses assessed and not less than a fifty dollar ($50.00)
or greater than a five hundred dollar ($500.00) reconnect
charge shall be due with all back payments before reconnect will be made.
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Sees. 28-90 -28-95. Reserved.
DIVISION III. DISCHARGE REGULATIONS
Sec. 28-96. Manner of discharging storm water, etc.
(a) No person shall discharge or cause to be discharged, any storm
water, surface water, groundwater, roof runoff, subsurface
drainage, or unpolluted industrial process waters into any
sanitary sewer.
(b) Storm water and all other unpolluted drainage shall be
discharged into such sewers as are specifically designated as
storm sewers, or into a natural outlet approved by the
Director of Water Utilities. Unpolluted process waters may be
discharged, upon approval of the Texas Water Commission, into a storm sewer or natural outlet.
Sec. 28-97. Discharging polluted waters into natural outlets
It shall be unlawful for any person to discharge into any natural outlet
within the City, or in any area under the jurisdiction of the City, any
sanitary sewage, industrial waste or other polluted waters, except where
suitable treatment has been provided in accordance with subsequent
provisions of this Article III, Chapter 28 of the Code of Ordinances of
the City of Lubbock, and a permit to discharge such has been obtained from
the Texas Water Commission.
Sec. 28-98. General discharge prohibitions
No User shall contribute or cause to be contributed, directly or
indirectly, any pollutant or wastewater which will interfere with the
operation or performance of the POTW. These general prohibitions apply to
all such Users of a POTW whether or not the User is subject to National
Categorical Pretreatment Standards or any other National, State, or local
Pretreatment Standards or Requirements. A User may not contribute the following substances to any POTW:
1) Any liquid or vapor having a temperature higher than one hundred
fifty (150) degrees Fahrenheit.
2) Any water or waste which may contain more than one hundred mg/L by
weight, of fat, oil or grease.
3) Any gasoline, benzene, naphtha, fuel oil or other flammable or
explosive liquids, solid or gas.
4} Any garbage that has not been properly shredded.
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5) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
feathers, tar, plastics, wood, paunch manure, whole blood, 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 5.5 or higher than 9.0,
or having any other corrosive property capable of causing damage or
hazard to structures, equipment or personnel of the wastewater system.
7) Any waters or wastes containing a toxic or poisonous substance
(including but not limited to herbicides, pesticides, fungicides,
and other organic and inorganic pollutants) which could injure or
interfere with any wastewater treatment process, constitute a hazard
to humans or animals or create any hazard in the receiving water of
the POTW.
8) Any waters or wastes containing suspended solids of such character
and quantity that unusual attention or expense is required to handle
such materials at the wastewater treatment plant.
9) Any noxious or malodorous gas or substance capable of creating a
public nuisance.
10) Any water or wastewater containing any quantity of
formaldehyde or carbide wastes.
11) Any radioactive wastes greater than allowable releases as specified
by the current Texas Department of Health -"Texas Regulations for Control of Radiation" dealing with the handling and release of
radioactive materials, in effect at the time of adoption of this article.
12) Any substance which may cause the POTW'S effluent or any
other product of the POTW such as residues, sludges, or scums, to be
unsuitable for reclamation and reuse or to interfere with the
reclamation process. In no case, shall a substance discharged to
the POTW cause the POTW to be in non-compliance with sludge use or
disposal criteria, guidelines or regulation developed under Section
405 of the Act; any criteria, guidelines, or regulations affecting
sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act,
or State criteria applicable to the sludge management method being
used.
13) Any substance which contributes to the POTW's violation of its TWC and/or other Disposal System Permit.
-15 -
14} Any wastewater with objectionable color not removed in the treatment
process, such as, but not limited to, dye wastes and vegetable
tanning solutions.
15} Any slugload, which shall mean any pollutant, including
oxygen demanding pollutants (BOD, etc.), released in a single
extraordinary discharge episode of such volume or strength as to
cause Interference to the POTW.
16) Any wastewater which causes a hazard to human life or creates a
public nuisance.
When the Director of Water Utilities determines that a User{s) is
contributing to the POTW any of the above enumerated substances in such
amounts as to interfere with the operation of the POTW, the Director of
Water Utilities shall: 1) Advise the User{s) of the impact of the
contribution on the POTW; 2} Develop effluent limitation{s} for such User
to correct the Interference with the POTW; and 3) Advise or recommend
corrective action which may include plugging of the service line or
disconnection from the sanitary sewer.
Sec. 28-99. Specific pollutant limitations
No person shall discharge wastewater containing in excess of:
Substance Quantity (mg!l)
Arsenic .......................................... 0.05
Barium ........................................... 1.00
Boron ............................................ 1. 00
Bromide ........................................ 100.00
I od 1 n e . • . • • • . • . . . . . . • . • . . . • . . • . . . . . . . • . . ......• 1 00 . 00
Chlorine •••.•.••.••••••••...•.•••.•....••.•.••• 100.00
Cadmium •.••••...•....••••.••..•.••..•..••.•.•.•.• 0.10
Chloride •.•••••.••..••••••••.•....••..•••••••• 1000.00
Chromium;
Hexavalent ••••...•..••..••..•.•..••••.••..•.• 0.70
Trivalent ••••••.••..••.•.••.•••.•.••..••.•..• 3.00
Copper ..•.•••.••.•.•••.....•....•.•.•.•..••.•...• 1 . 00
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Cyanide .......................................... 0. 04
Fluoride •••••.•.••••••.•.••••.•.•.••.•...•.•••.• lO.OO
Iron ............................................. s.oo
lead ............................................. 0~12
Mercury ......................................... 0. 005
Nickel ........................................... 0.50
Phenols ......................................... 12. 00
Se 1 en i um •••.•••.••••••.•••.•..••.••..•••..•..••.• 0. 02
Silver ........................................... 0.15
Sulfates ....................................... 500.00
Tin .............................................. 1 . 00
Zinc ............................................. s.oo
Sec. 28-100. Permitting oil. grease, antifreeze. battery acid,
or any other drain1ngs to run to sanitary sewer
It shall be unlawful for any person to pour or place any oil, grease,
antifreeze, battery acid, or any other dra1n1ngs from automobile, tractor or other engine or motor, at any place so that oil, grease, antifreeze,
battery acid, or drainings will run by gravity or otherwise into any sink,
trap, grating, pipe or other plumbing connected with the sanitary sewer or storm sewer systems of the City.
Sec. 28-101. Reverse osmosis. boiler blow-down. cooling tower
water-discharges
Wastes discharged into the sanitary sewer system from units such as, but
not limited to, reverse osmosis, boilers, and cooling towers may be
subject to analysis such as lOS, TSS, and chlorides. If the discharges
are determined to cause Interference with the POTW or pass-through the
POTW untreated or have reasonable possibility to interfere with or pass-
through the POTW untreated, the Director of Water Utilities may require
alternate disposal or treatment of such effluent discharges.
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 "Standard Methods for the
-17 -
Examination of Water and Wastewater," or EPA approved methods, 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. 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.
Sec. 28-103. Agreement for treatment of unusual waste
No statement contained in this Division III Discharge Regulations of this
Ordinance shall be construed 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.
Sec. 28-104. Industries to comply with federal and local pretreatment
standard when
Any industry falling within any industrial category subject to Categorical
Pretreatment Standards promulgated pursuant to Section 307(b) and (c) of
the Clean Water Act on 1977 and any subsequent amendments applying to this
Act shall comply with all Federal regulations, pretreatment requirements,
and/or discharge limits applicable to that particular industrial category.
These Federal pretreatment regulations take precedent over this Division
III Discharge Regulations of this Ordinance; provided, however, such
industry shall continue to meet specific discharge limits set forth in
this Division III Discharge Regulations of this Ordinance which are not
inconsistent with the Categorical Pretreatment Standards applicable to its
industry, and shall meet more stringent local standards which have been
justified as necessary for the protection of the wastewater treatment
process.
Sec. 28-105. State requirements
State requirements and limitations on discharges shall apply in any case
where they are more stringent than Federal requirements and limitations or
those in this ordinance.
Sec. 28-106. City's right of revision
The City reserves the right to establish by ordinance more stringent
limitations or requirements on discharges to the wastewater disposal
system if deemed necessary to comply with the objectives presented in
Section 28-71 of this Ordinance.
Sec. 28-107. Excessive discharge
No User shall increase the use of process water or, in any way, attempt to
dilute a discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in the
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Federal Categorical Pretreatment Standards, or in any other pollutant-
specific limitation developed by the City or State.
Sec. 28-108. Accidental discharge
Each User shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Ordinance within 90 days
from the effective date of this Ordinance. Facilities to prevent
accidental discharge of prohibited materials shall be provided and
maintained at the Owner or User's own cost and expense. In the case of an
accidental discharge, it is the responsibility of the User to notify the
City Operator at 762-6411, 24 hours a day, 7 days a week, of the incident.
The notification shall include date, time, and location of discharge, type
of waste, concentration and volume, and corrective actions.
Written Notice: Within five (5) days following an accidental discharge;
the User shall submit to the Director of Water Utilities detailed written
report describing the cause of the discharge and the measures to be taken
by the User to prevent similar future occurrences. Such notification
shall not relieve the User of any expense, loss, damage, or other
liability which may be incurred as a result of damage to the POTW, fish
kills, or any other damage to person or property; nor shall such
notification relieve the User of any fines, civil penalties, or other
liability which may be imposed by this Article III, Chapter 28 of the Code
of Ordinances of the City of lubbock or other applicable law.
Notice to Employees: A notice shall be permanently posted on the User's
bulletin board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall insure that all
employees who may cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedure.
Sees. 28-109 -28-115. Reserved.
DIVISION IV. PERMITS
Sec 28-116. Wastewater discharges
It shall be unlawful to discharge without a (City) permit to any natural
outlet within the City of lubbock, or in any area under the jurisdiction
of said (City), and/or to the POTW any wastewater except as authorized by
the Director of Water Utilities in accordance with the provisions of this
Ordinance.
Sec 28-117. Wastewater Contribution Permits -generally
All significant Users proposing to connect to or to contribute to the POTW
shall obtain a Wastewater Contribution Permit before connection to or
contributing to the POTW. All existing Significant Industrial Users
connected to or contributing to the POTW shall obtain a Wastewater
-19 -
Contribution Permit within 180 days after the effective date of this
Ordinance.
Sec 28-118. Permit app11cat1on
Users who discharge industrial wastewater are required to obtain a
Wastewater Contribution Permit shall complete and file with the City Pro
Rata Clerk at 1625 13th, Room 107, phone 762-6411, an application in the
form prescribed by the City, and accompanied by a fee of $35.00. Existing
Users shall apply for a Wastewater Contribution Permit within 30 days
after the effective date of this Ordinance, and proposed new Users shall apply at least 90 days prior to connecting to or contributing to the POTW.
Applications can be obtained from the Pro Rata Clerk. In support of the
application, the User shall submit, upon request, in units and terms
appropriate for evaluation, part or all of the following information:
a) Name, address, and location of actual facility (if different from the mailing address);
b) SIC number according to the current Standard Industrial
Classification Manual, Bureau of the Budget;
c) Wastewater constituents and characteristics including but not
limited to those mentioned in Division II of this Ordinance as
determined by a reliable analytical laboratory; sampling and
analysis shall by performed in accordance with procedures
established by the EPA pursuant to Section 304(g) of the Act
and contained in 40 CFR, Part 136, as amended;
d) Time and duration of contribution;
e) Average daily and 30 minute peak wastewater flow rates,
including daily, monthly and seasonal variations if any;
f) Site plans, floor plans, mechanical and plumbing plans and
details to show all sewers, sewer connections, and
appurtenances by the size, location and elevation;
g) Description of activities, facilities and plant processes on
the premises including all materials which are or could be discharged;
h) The nature and concentration of any pollutants in the
discharge which are limited by any City, State, or Federal
Pretreatment Standards, and a statement regarding whether or
not the pretreatment standards are being met on a consistent
basis and if not, whether additional Operation and Maintenance
(O&M) and/or additional pretreatment is required for the User
to meet applicable Pretreatment Standards;
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i) If additional pretreatment and/or O&M.will be required to meet
the Pretreatment Standards, and if so, the shortest schedule
by which the User will provide such additional pretreatment.
The completion date in this schedule shall not be later than
the compliance date established for the applicable
Pretreatment Standard;
j)
k)
1)
m)
The following conditions shall apply to this schedule:
(1)
(2)
(3)
The schedule shall contain increments of progress in the
form of dates for the commencement and completion of
major events leading to the construction and operation
of additional pretreatment required for the User to meet
the applicable Pretreatment Standards (e.g., hiring an
engineer, completing preliminary plans, executing
contract for major components, commencing construction,
completing construction, etc.).
No increment referred to in paragraph (1) shall exceed 9
months.
Not later than 14 days following each date in the
schedule and the final date for compliance, the User
shall submit a progress report to the Director of Water
Utilities including, as a minimum, whether or not it
complied with the increment of progress to be met on
such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for
delay, and the steps being taken by the User to return
the construction to the schedule established. In no
event shall more than 9 months elapse between such
progress reports to the Director of Water Utilities.
Each product produced by type, amount, process or processes
and rate of production;
Type and amount of raw materials processed (average and
maximum per day);
Number of employees, hours of operation of plant and proposed
or actual hours of operation of pretreatment system;
Any other information as may be deemed by the City to be
necessary to evaluate the permit application.
The City will evaluate the data furnished by the User and may
require additional information. After evaluation and acceptance of the data furnished, the City may issue a Wastewater Contribution
Permit subject to terms and conditions provided herein.
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Sec 28-119. Permit modifications
Within 9 months of the promulgation of a National Categorical Pretreatment
Standard, the Wastewater Contribut.ion Permit of Users subject to such
standards shall be revised to require compliance with such standard within
the time frame prescribed by such standard. Where a User, subject to a
National Categorical Pretreatment Standard, has not previously submitted
an application for a Wastewater Contribution Permit as required by Sec 28-
117 the User shall apply for a Wastewater Contribution Permit within 180
days after the promulgation of the Applicable National Categorical
Pretreatment Standard. In addition, the User with an existing Wastewater
Contribution Permit shall submit to the Director of Utilities within 180 days after the promulgation of an applicable Federal Categorical
Pretreatment Standard the information required by paragraphs (h) and (i)
of Section 28-118.
Sec 28-120. Permit conditions
Wastewater Contribution Permits shall be expressly subject to all
provisions of this Ordinance and all other applicable regulations, User
charges and fees established by the City. Permits may contain the following:
a) The unit charge or schedule of User charges and fees for the
wastewater to be discharged to a community sewer;
b) limits on the average and maximum wastewater constituents and
characteristics;
c) limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalization;
d) Requirements for installation and maintenance of inspection and sampling facilities;
e) Specifications for monitoring programs which may include
sampling locations, frequency of sampling, number, types and
standards for tests and reporting schedule;
f) Compliance schedules;
g) Requirements for submission of technical reports or discharge
reports Section 28-130;
h) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the City, and
affording City access thereto;
1) Requirements for notification to the City of any new
introduction of wastewater constituent or any substantial change in the volume or character of the wastewater
-22 -
constituent being introduced into the wastewater treatment system;
j) Requirements for notification of slug discharges as per
Section 28·123;
k) Other conditions as deemed appropriate by the City to ensure
compliance with this Ordinance.
Sec 28-121. Permits duration
Permits shall be issued for a specified time period, not to exceed five
(5) years. A permit may be issued for a period less than a year or may be stated to expire on a specific date. The User shall apply for permit
reissuance a minimum of 60 days prior to the expiration of the User's
existing permit. The terms and conditions of the permit may be subject
to modification by the City during the term of the permit as limitations
or requirements as identified in Division III Discharge Regulations of
this Ordinance are modified or other just cause exists. The User shall be
informed of any proposed changes in his permit at least 30 days prior to
the effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
Sec 28-122. Permit transfer
Wastewater Discharge Permits are issued to a specific User for a specific
operation. A wastewater discharge permit shall not be reassigned or
transferred or sold to a new Owner, new User, different premises, or a new
or changed operation without the approval of the City. Any succeeding
Owner or User shall also comply with the terms and conditions of the
existing permit.
Sec 28-123. Revocation of permit
Any User who violates the following conditions of this Ordinance, or
applicable state and federal regulations, is subject to having his Permit
revoked in accordance with the procedures of Division VI of this
Ordinance:
a) Failure of a User to factually report the wastewater
constituents and characteristics of his discharge in a timely
manner;
b) Failure of the User to report significant changes in
operations, or wastewater constituents and characteristics;
c) Refusal of reasonable access to the User's premises for the
purpose of inspection or monitoring; or,
d) Violation of conditions of the permit.
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Sec. 28-124. Preliminary treatment facilities -when required
Users shall provide necessary wastewater treatment as required to comply
with this Ordinance and shall achieve compliance with all Federal
Categorical Pretreatment Standards within the time limitations as
specified by the Federal Pretreatment Regulations. Preliminary
Pretreatment facilities may be required when:
(a) The admission into the public sewers of any waters or wastes:
(1)
(2)
(3)
(4)
(5)
Have a five (5) day biochemical oxygen demand greater
than two hundred fifty (250) mg/1; or
Contain more than two hundred fifty (250) mg/L of suspended solids; or,
Contain any quantity of substances having the
characteristics described in Division II of this
Ordinance; or
Have an average daily flow greater than two (2) percent
of the average daily sewage flow of the City; or
Shall be subject to review and approval of the Director
of Water Utilities.
(b) Where necessary in the opinion of the Director of Water
Utilities, the Owner shall provide, at his expense, such
preliminary treatment as may be necessary to:
(1) Reduce the biochemical oxygen demand to two hundred
fifty (250) mg/L and the suspended solids to two hundred fifty (250) mg/L; or
(2) Reduce objectionable characteristics or constituents to
within the maximum limits provided for in Division III
General Regulations of this Ordinance; or
{3) Control the quantities and rates of discharge of such
waters or wastes.
Plans and operating procedures will in no way relieve the User from the
responsibility of modifying the facility as necessary to produce an
effluent acceptable to the City under the provisions of this Ordinance.
Any subsequent changes in the pretreatment facilities or method of
operation shall be reported to and be acceptable to the City prior to the User's initiation of the changes.
The City shall annually publish, as required by and in accordance with the
EPA, in the Lubbock newspaper, a list of the Users which were not in
compliance with any Pretreatment Requirements or Standards at least once
-24 -
during the 12 previous months. The notification shall also summarize any
enforcement actions taken against the User(s) during the same 12 months.
All records relating to compliance with Pretreatment Standards shall be
made available to officials of the EPA, TWC, and Control Authority upon
request.
Sec. 28-125. Preliminary treatment facilities maintenance
Where preliminary treatment facilities are provided for any water or
wastes as provided for in the preceding section, they shall be maintained
continuously in satisfactory and effective operation.
Sec. 28-126. Preliminary treatment facilities -sand, grease.
and oil interceptors
(a)
(b)
(c)
Grease, oil and sand interceptors shall be provided when, in
the opinion of the Director of Water Utilities, they are
necessary for the proper handling of liquid wastes containing
grease in excessive amounts, or any flammable wastes, sand or
other harmful ingredients; 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 Director of Water Utilities, and shall be
located so 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.
Where installed, all grease, oil and sand interceptors shall
be maintained by the owner, at his expense, and kept in
continuously effective operation at all times.
Sec. 28-127. Preliminary treatment facilities -hydrocarbon
removal units
Regulation 1. Intent to discharge. Persons intending to discharge
effluents from hydrocarbon removal units into the sanitary sewer system,
shall notify the Director of Water Utilities thirty (30) days prior to
permit application.
Regulation 2. Permits. Persons intending to use devices for the
removal of hydrocarbons shall file an application for a Wastewater
Contribution Permit with the Pro Rata Clerk thirty (30) days prior to discharge into the City of Lubbock's sanitary sewer system.
-25 -
Regulation 3. Limits. Persons operating hydrocarbon removal units
will be required to send monthly sample results to the Director of Water
Utilities and the results must meet all requirements of this Ordinance in
addition to the following criteria:
1) Benzene less than 1 mg/L
2) Toluene less than 1 mg/L
3) Xylene less than 1 mg/L
4) Ethylbenzene less than 1 mg/l
Regulation 4. Separators. All hydrocarbon removal units will be
required to have a separator to help control free product from entering the sanitary sewer.
Sec. 28-128. Septic tank emptying
Regulation 1. Permit required. No septic tank, cesspool or
chemical toilet, or any similar receptacle for waste storage shall be
emptied at the Southeast Water Reclamation Plant or any other designated emptying site or its contents removed except by a person holding an annual
transport permit from the City Health official, as well as an annual
disposal permit from the City's Pro Rata Clerk.
Regulation 2. Sanitary requirements. The permittee shall take all
reasonable measures to prevent the development or existence of a nuisance
or of any condition hazardous to health which can arise from his
operations, and shall comply with the following:
(a) Material taken from a septic tank, cesspool, chemical toilet,
or any similar receptacle for waste storage shall be disposed
of only in a manner and place approved by the Health Official.
Approval shall be obtained at the time of issuance of the TDH
permit and no change in the approval procedure shall be made
by the permittee without prior approval of the Health
Official.
(b) Every vehicle and all auxiliary equipment used for the
transportation or handling of the contents of any septic tank,
cesspool, chemical toilet or any similar waste storage
receptacle shall be liquidtight, gastight, and soundproof, so
that no foul material may spill or escape therefrom. Tanks on
septic vehicles shall have a minimum capacity of seven hundred
fifty (750) gallons, as per City Health Department
regulations.
(c) No vehicle or auxiliary equipment used for carrying,
transporting or handling the contents of septic tanks,
cesspools, chemical toilets or any similar waste storage
receptacle shall be allowed to stand or remain near any
occupied premises.
-26 -
(d) Vehicles and equipment shall be kept in a clean condition and
shall not be opened longer than is necessary when in use.
(e) Each vehicle used under this regulation shall have the permittee's TDH permit number visibly inscribed on the side
door panels and the rear face in numerals not less than three
(3) inches high.
(f) Mixing of incompatible wastes within the same container is
prohibited. Transporters shall not use the same container or
pumping equipment to collect or transport incompatible waste
without first emptying and cleaning the container and
equipment of all previously handled wastes. For purposes of
this subsection, incompatible waste means wastes which have
different processing, storage, or disposal requirements.
However, transporters may mix wastes with different
characteristics provided the facility to which the waste is
being transported is authorized to store, process, or dispose
of such waste mixture.
Regulation 3. Waste Control Record. Persons who collect and/or transport waste subject to control under this subchapter shall initiate
and maintain a record of each individual collection and deposit. Such
record shall be in the form of a manifest trip ticket or other similar
documentation approved by the Director of Water Utilities. The
transporter shall provide the person who generates the waste a copy of the
waste control record or other document showing receipt of waste and shall
provide the facility operator a copy of all control records of wastes
deposited. The transporter shall retain a copy of all records showing the
collection and disposition of waste. Such copies shall be retained for 3
years and made available to the Director of Water Utilities upon request. The waste control record shall include:
(1) OWner, address, telephone number, and TDH registration number of transporter;
(2) Name, address, and telephone number of the person who .
generates the waste and date collected;
(3} Type and amount of waste collected or transported;
(4) Name of responsible person (driver) collecting,
transporting, and depositing the waste;
(5) Date and place where the waste was deposited;
(6) Identification (permit application or site registration
number, location, and operator} of the facility where
the waste was deposited; and
-27 •
(7) Name and signature of facility representative
acknowledging receipt of the waste and the amount of
waste received.
Regulation 4. Location of waste dumping. Transporters shall
deposit wastes at a facility designated by or acceptable to the generator
of said wastes and the City of lubbock where the operator of the facility agrees to receive the wastes.
(a)
(b)
Only true septage will be accepted at the Southeast Water
Reclamation Plant. Grease and grit trap wastes shall not be
accepted and should be disposed of at the municipal or
approved land fill.
In the event of a discharge of waste during collection or
transportation, the collector or transporter must take
appropriate action to protect human health and the
environment, e.g. notify local law enforcement, TDH, and the
City Health Department as to size, nature, and location of the
discharge area; cleanup any waste discharge that occurs during
transportation; or take such action as may be required or
approved by Federal, State, or local officials having
jurisdiction so that the waste discharge no longer presents a
public health or environmental problem. Transporters are
responsible for reporting spills in accordance with
requirements of the 11State of Texas Oil and Hazardous
Substance Spill Contingency Plan."
Regulation 5. Plant operation disposal hours. Transporters shall
deposit wastes at the Southeast Water Reclamation Plant or other
designated site only during the hours posted at the gate.
Regulation 6. Notification of Waste Dumping. Prior to dumping each tank truck transporter shall stop at the gate, notify the facility
operator, and allow inspection and sampling of the contents.
Regulation 7. Sampling, Analysis, and Charges. Samples of tank
contents will be obtained and analyzed. Analysis will be performed and any results outside the acceptable analysis limits will be rejected and
the Texas Department of Health will be notified of results. Tank truck
companies will be surcharged for BOD and TSS.
Regulation 8. load Fees. Each tank truck load of 750 gallons or
less will be assessed a minimum dump fee of $15. Tank truck loads in
excess of 750 gallons will be assessed a fee of $15 plus $.10 per 100 gallons over the 750 gallon minimum.
Regulation 9. Disposal Permit Fees. The following annual disposal
permits are obtainable from the Pro Rata Clerk at 1625 13th, Room 107,
762-6411, at a cost of $50.00 per vehicle.
-28 -
Regulation 10. Transport Permit Fees. The following Transport
permits are obtainable from the City Health Department, 1902 Texas Ave, 762-6411, at a cost of:
On-site sewage disposal system . • . • • $61.00
Commercial septic tank emptying • • • • • $61.00
Veterans administration loan inspection fee • $21.00
Sec 28-129. Compliance date report
Within 90 days following the date for final compliance with applicable Pretreatment Standards or, in the case of a New Source, following
commencement of the introduction of wastewater into the POTW, any User
subject to Pretreatment Standards and Requirements shall submit to the
Director of Water Utilities a report indicating the nature and
concentration of all pollutants in the discharge from the regulated
process which are limited by Pretreatment Standards and Requirements and
the average and maximum daily flow for these process units in the User
facility which are limited by such Pretreatment Standards or Requirements.
The report shall state whether the applicable Pretreatment Standards or
Requirements are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the User into
compliance with the applicable Pretreatment Standards or Requirements.
This statement shall be signed by an authorized representative of the
Industrial User, and certified to by a qualified professional pretreatment engineer.
Sec 28-130. Periodic compliance reports
(1} Any User subject to a Pretreatment Standard, after the
compliance date of such Pretreatment Standard, or, in the case
of a New Source, after commencement of the discharge into the
POTW, shall submit to the Director of Water Utilities during
the months of June and December, unless required more
frequently in the Pretreatment Standard or by the Director of
Water Utilities, a report indicating the nature and
concentration, of pollutants in the effluent which are limited
by such Pretreatment Standards. In addition, this report
shall include a record of all daily flows which during the
reporting period exceeded the average daily flow. At the
discretion of the Director and in consideration of such
factors as local high or low flow rates, holidays, budget
cycles, etc., the Director may agree to alter the months
during which the above reports are to be submitted.
(2) The Director may impose mass limitations on Users which are
using dilution to meet applicable Pretreatment Standards or
Requirements, or in other cases where the imposition of mass
limitations are appropriate. In such cases, the report
required by subparagraph (1} of this paragraph shall indicate
the mass of pollutants regulated by Pretreatment Standards in
-29 -
the effluent of the User. These reports shall contain the
results of sampling and the nature and concentration, or
production and mass where requests by the Director, of pollutants contained therein which are limited by the
applicable Pretreatment Standards. The frequency of
monitoring shall be prescribed in the applicable Pretreatment
Standard. All analysis shall be performed in accordance with
procedures established by the Director of Water Utilities
pursuant to section 304(g) of the Act and contained in 40 CFR,
Part 136 and amendments thereto or with any other test
procedures approved by the Director of Water Utilities.
Sampling shall be performed in accordance with the techniques
approved by the Director of Water Utilities. Where 40 CFR,
Part 136 does not include a sampling or analytical technique
for the pollutant in question sampling and analysis shall be
performed in accordance with the procedures set forth in the
EPA publication, Sampling and Analysis Procedures for
Screening of Industrial Effluents for Priority Pollutants,
April, 1977, and amendments thereto, or with any other
sampling and analytical procedures approved by the Director of
Water Utilities.
Sec 28-131. Monitoring facilities
The City shall require to be provided and operated at the User's own
expense, monitoring facilities to allow inspection, sampling, and flow
measurement of the building sewer and/or internal drainage systems. The
monitoring facility should normally be situated on the User's premises, but the City may, when such a location would be impractical or cause undue
hardship on the User, allow the facility to be constructed in the public
street, alley, or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow accurate sampling and preparation of samples for analysis. The
facility, sampling, and measuring equipment shall be maintained at all
times in a safe and proper operating condition at the expense of the User.
Whether constructed on public or private property, the sampling and
monitoring facilities shall be provided in accordance with the City's
requirements and all applicable local construction standards and
specifications. Construction shall be completed within 90 days following
official notice by the City.
Sec 28-132. Inspection and sampling
The City shall inspect the facilities of any User to ascertain whether the
purpose of this Ordinance is being complied with and requirements are met.
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
• 30 •
inspection, sampling, records examination or in the performance of any of
their duties. The City, TWC, other state agencies and EPA shall have the
right to set up on 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, TWC, other state agencies and EPA will be permitted to
enter, without delay, for the purposes of performing their specific
responsibilities.
Sec 28-133. Confidential information
Unless a contrary ruling under the Texas Open Records Act is issued by the
Texas Attorney General or a court, information and data on a User obtained
from reports, questionnaires, permit applications, permits and monitoring
programs and from inspections shall be available to the public or other governmental agency without restriction unless the User specifically
requests and is able to demonstrate to the satisfaction of the City that
the release of such information would divulge information, processes or
methods of production entitled to protection as trade secrets of the User.
When requested by the person furnishing a report, the portions of a report
which might disclose trade secrets or secret processes shall not be made
available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this
Ordinance, TWC permit, State Disposal System permit and/or the
Pretreatment Programs; provided, however, that such portions of a report
shall be available for use by the State or any state agency in judicial
review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be
recognized as confidential information.
Sees. 28-134 -28-140. Reserved.
DIVISION V. FEES
Sec. 28·141. Charges and fees
The City may adopt charges and fees which may include:
a) fees for reimbursement of costs of setting up and operating the City's Pretreatment Program;
b) fees for monitoring, inspections and surveillance procedures;
c) fees for reviewing accidental discharge procedures and
construction;
d) fees for permit applications;
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e)
f)
g)
fees for filing appeals;
fees for consistent removal (by the City) of pollutants
otherwise subject to Federal Pretreatment Standards;
other fees as the City may deem necessary to carry out the
requirements contained herein.
These fees relate solely to the matters covered by this Ordinance and are
separate from all other fees chargeable by the City.
Sees. 28-142 -28-149. Reserved.
DIVISION VI. ENFORCEMENT
Sec 28-150. Harmful contributions
The City may suspend the wastewater treatment service and/or a Wastewater Contribution Permit when such suspension is necessary, in the opinion of
the City, in order 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, causes Interference to the POTW or contributes to cause the City to violate any condition of its
TWC Permit.
Any person notified of a suspension of the wastewater treatment service
and/or the Wastewater Contribution Permit shall immediately stop or
eliminate the contribution. In the event of a failure of the person to
comply voluntarily with the suspension order, the City shall take such
steps as deemed necessary including immediate severance of the sewer
connection, to prevent or minimize damage to the POTW system or
endangerment to any individuals. The City shall reinstate the Wastewater
Contribution Permit and/or the wastewater treatment service upon proof of
the elimination of the non-complying discharge. A detailed written
statement submitted by the User describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall
be submitted to the City within 15 days of the date of occurrence.
Sec 28-151. Administrative enforcement
Enforcement to address noncompliance:
1) Issuance of a ''warning notice" to a company for significant
noncompliance;
2) Issuance of a 11 Violation notice" after 30 days or more if
compliance is not reestablished;
3) Issuance of a "final violation notice", followed by a
compliance meeting after another 30 days (or longer time) if
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compliance is not attained. The enforcement compliance
meeting is held with the industrial company to explore the
reasons for noncompliance.
Sec 28-152. Show cause hearing
(a)
(b)
(c)
(d)
The City may order any User who causes or allows an
unauthorized discharge to enter the POTW to show cause before
the City Council why the proposed enforcement action should not be taken. A notice shall be served on the User specifying
the time and place of a hearing to b~ held by the City Council
regarding the violation, the reasons 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 by registered or certified mail
(return receipt requested) at least (ten) days before the
hearing. Service may be made on any agent or officer of a
corporation.
The City Council may itself conduct the hearing and take the
evidence, or may designate any of its members or any board or
commission or officer or employee of the water utilities
department to:
1) Issue in the name of the City Council notices of
hearings requesting the attendance and testimony of
witnesses and the production of evidence relevant to any
matter involved in such hearings;
2) Take the evidence;
3) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with
recommendations to the City Council for action thereon.
At any hearing held pursuant to this Ordinance, testimony
taken must be under oath and recorded stenographically. The
transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the
usual charges thereof.
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 adequate treatment facilities, devices or
other related appurtenances shall have been installed on existing treatment facilities, devices or other related
appurtenances are properly operated. Further City Council
orders and directives as are necessary and appropriate may be
issued to deal with specific discharges.
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Sec 28-153. Legal action
If any person discharges sewage, industrial wastes or other wastes into
the City's wastewater disposal system contrary to the provisions of this
Ordinance, Federal or State Pretreatment Requirements, or any order of the
City, the City Attorney may commence an action for appropriate legal
and/or equitable relief in an appropriate court of this county. In
addition to the penalties provided herein, the City may recover reasonable
attorneys' fees, court costs, court reporters' fees and other expenses of
litigation by appropriate suit at law against the person found to have
violated this Ordinance or the orders, rules, regulations, and permits
issued hereunder.
Sec 28-154. Penalties
Any User who is found to have violated an Order of the City Council or who
willfully or negligently failed to comply with any provision of this
Ordinance, and the orders, rules, regulations and permits issued
hereunder, shall be guilty of a misdemeanor and upon conviction shall be
fined not more than one thousand dollars ($1000.00) for each offense.
Each day on which a violation shall occur or continue shall be deemed a
separate and distinct offense.
Sec 28-155. Falsifying information
Any person who knowingly makes any false statements, representation of
certification in any application, record, report, plan or other document
filed or required to be maintained pursuant to this Ordinance, or
Wastewater Contribution Permit, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required
under this Ordinance, shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not more than $1,000.
Sec 28-156. Severability
If any provision, paragraph, word, section or article of this Ordinance is
invalidated by any court of competent jurisdiction, the remaining
provisions, paragraphs, words, sections, and chapters shall not be
affected and shall continue in full force and effect.
Sec 28-157. Conflict
All other Ordinances and parts of other Ordinances inconsistent or
conflicting with any part of this Ordinance are hereby repealed to the
extent of such inconsistency or conflict.
SECTION 2. THAT violation of any provision of this Ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed one thousand
dollars ($1,000.00) as provided by Section 1-4 of the Code of Ordinances of the City of Lubbock.
-34 -
SECTION 3. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized and
directed to cause publication of the descriptive caption of this Ordinance
as an alternative method of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 27th day of
July , 1989.
Passed by the City Council on second reading this iOth day of
August , 1989.
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THE STATE OF TEXAS R-197
COUNTY OF LUBBOCK
Before me Frances Hernandez a Notary Public in and for I.Albbock County, Texas on this day
personally appeared T.J. Aufill' Account Mlnal!:er of the Southwestern Newspa-
pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday, who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this ---=L::.:::«::.:::I!=.;I::::..:..I --:..:N:...::o;...;t;.;:1;;..;c=.;e;;;.._ ________ _
-------------No. 506435 at Lubbock County, Texas and the attached print-
ed copy of the L«a!a I Notte« is a true copy of the original and was printed in the I.Albbock
Avalanche-Journal on the following dates: 5 • 19' 1989
Account Menal!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this ---14 day of Sep tcmbe r, 19 89
FRANCES HERNANDEZ
Nr_~!~;ry Puh:\,::, ~ ta~(~ ofT t:>-lS
Mt Cornrn:$Sion Exp!fes 7·6·91
; ORDINANCE NO. f301
AN ORDINANCE APPROV· lNG AND ADOPTING A BUDGET
FOR FISCAL YEAR 198?-90; AI'·
PROVING REVISED BUDGET
FIGURES FOR. FISCAL YEAR 1988·89; .PROVIDING FOR NEC·
ESSARY TRANSFERS OF FIINDS. BETWEEN ACCOUNTS AND DE· PARTMENl$, IF REQUIRE[)·
. PROVIDING INCREASED REV:
ENUES AS REFLECTED IN SAID
BUDGET BY REVISING MINI·
MUM WATER RATE$ AS CON·
TAINEO IN SECTIONS 28-S2 AND
28-53 OF THE CODE OF ORDI· NANCES OF THE CITY OF LUB· ,
BOCK; PROVIDING INCREASED '
.REVENUES AS REFLECTED IN
SAID BUDGET BY REVISING
SECTION 23-66(1')(11 A~D 12) OF
THE CODE OF ORDINANCES OF .
THE. CITY OF LUBBOCK IN·
CREASING CERTAIN RATES
FOR. GARBAGE AND TRASH
COLLECTION AS SET FORTH IN ·
SAID SECTION; PROVIDING IN·
CREASED REVENUES AS RE-
,FLECTEO IN SAID BUDGET BY
:REVISING DUMPING RATES AT ;THE CITY SANITARY LANDFILl.
,BY REVISING SECTION 23·2l(b) OF .THE CODE OF ORDI~ANCES OF THE CITY OF LUBBOCK•
AND APPROPRIATING FUNDS
FOR THE 1919-90 FISCAL YEAR
llUDGET QF THE CITY OF LUB-
IlOCK; AND PROVIDING A SAV· lNGSCLAUSE.
R·lt7