HomeMy WebLinkAboutOrdinance - 2014-O0151 - Amending Chapter 22 Of The Code Of Ordinances - 11/06/2014First Reading
October 23, 2014
Item 6.17
ORDINANCE NO. 2014-00151
Second Reading
November 6, 2014
Item 6.9
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO
VARIANCE AND APPEAL PROCESSES FOR DETERMINING AVERAGE
WINTER CONSUMPTION AND HISTORY BASED CONSUMPTION;
WASTEWATER RELATED DEFINITIONS; RATES CHARGED FOR
WASTEWATER SERVICE; MEASUREMENT OF WASTEWATER FLOW;
DISCONTINUANCE AND RESTORATION OF WASTEWATER SERVICE;
PAYMENT FOR SEWER LINE BLOCKAGES AND TREATMENT OF
WASTEWATER SPILLAGE; PROHIBITION OF DISCHARGES; DISCHARGE
PERMIT APPLICATION ISSUANCE AND REVOCATION; REGULATION OF
PRELIMINARY TREATMENT FACILITIES, TRAPS, INTERCEPTORS, AND
SEPARATORS; SEPTIC TANK EMPTYING; MONITORING FACILITIES FOR
PERMITTED AND NON PERMITTED INDUSTRIAL USERS; CERTAIN
CHARGES AND FEES IN CONNECTION WITH CITY WASTEWATER
SERVICES; MUNICIPAL SETTING DESIGNATION APPLICATION, REVIEW,
AND HEARING PROCESSES; PROVIDING A SAVINGS CLAUSE; PROVIDING
A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas finds and determines
that it is in the best interest of the health, safety, and welfare of the citizens of the City
of Lubbock to make the following amendments to Chapter 22 of the Code of
Ordinances of the City of Lubbock; NOW, THEREFORE,
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 22.03.096 of the Code of Ordinances of the City
tock, Texas, is hereby amended to read as follows:
22.03.096 Variance and appeal
(a) The water board of appeals, as established in article 2.03, division 11 of
s code, may grant in writing a temporary variance determining the average winter
isumption (AWC) of a customer as prescribed in section 22.03.085 of this article,
the history based consumption (HBC) as prescribed in section 22.04.041 of this
icle, in the event that it is determined by the water board of appeals that failure to
mt such variance would cause an emergency condition adversely affecting the
dth or sanitation, or would work an unnecessary hardship due to fundamental
Fairness of the application of the AWC or HBC to the customer requesting the
(b) Customers that have no billing history or only a partial billing history
the entire calculation period may request an AWC default value pursuant to
ion 22.03.085 of this article, or an HBC default value pursuant to section
X4.041 of this article, as the case may be. Customers may appeal the AWC or
default value so determined by filing a petition for variance with the water
of appeals. The water board of appeals may consider water use during the
s used to calculate the AWC or HBC in approving an adjustment thereof. The
board of appeals may also consider water use by previous occupants or
gable customer use in approving an adjustment to the AWC or HBC.
Iments will become effective prospectively upon approval, and no retroactive
ments shall be approved.
(c) Customers requesting a modification from the computation of the AWC
set forth in section 22.03.085 of this article, or from the computation of the HBC as
forth in section 22.04.041 of this article, shall file a petition for variance with the
ter board of appeals. All petitions for variances shall be reviewed by the water
aid of appeals and shall include, in addition to the information provided in article
13, division I I of this code, the following:
(1) Detailed statement as to how the city's computation of the
AWC, or HBC as the case may be, would cause an emergency condition
adversely affecting the petitioner or fundamentally unfair to the petitioner.
(2) Description of the relief requested.
(3) Period of time for which the variance is sought.
(4) Other pertinent information.
(d) Variances granted by the water board of appeals shall be subject to the
ng conditions:
(1) The variance granted shall not be retroactive, but shall be
effective for all utility account billings dated on or after the date the variance
is granted until the variance shall expire.
(2) Variances granted shall expire on the later to occur of
(A) The last day of the last month utilized to compute the
AWC or HBC; or
(B) The implementation of the AWC or HBC, next
following the granting of the variance by the water board of appeals.
(C) Once a variance has been granted, no additional
variances will be considered or granted until after the next scheduled
recalculation of the AWC or HBC, as the case may be.
(e) In the event that a customer disputes the accuracy of the city's billing
water, the customer may appeal such billing in accordance with the internal
administrative procedures prescribed by the city manager and/or his/her designee.
The disputes shall be limited to situations or occurrences wherein actual inaccuracies
in the quantity of water consumed by the customer and/or inaccuracies or errors in
-ates or fees billed for water are asserted. The appeal must be made in writing to the
:ity by the customer within six months of the date on the bill that is being appealed.
Examples of appeals include:
(1) Inaccurate meter readings;
(2) Inaccurate rates and/or fees applied to such customer; and
(3) Inaccurate volumes of water due to leaks.
(f) In the event that a customer desires to appeal the decision of the
.internal administrative process, the customer may appeal to the water board of
appeals, by making application within five (5) business days of the denial of the
.ntemal administrative appeal described in subsection (b) of this section.
SECTION 2. THAT Section 22.04.002 of the Code of Ordinances, City of
:k, Texas, is hereby amended by adding the following terms, definitions, and
22.04.002. Definitions
meal Oxygen Demand (COD): The amount of a specified oxidant that reacts
the subject sample under controlled conditions as described in the latest edition
Itandard Methods for the Examination of Water & Wastewater," according to the
s Administrative Code, Title 30 Environmental Quality, 319.11., Sampling and
ratory Testing Methods.
as, oils and greases (FOG): Organic polar compounds derived from animal and/or
ant sources that contain multiple carbon chain triglyceride molecules. These
bstances are detectable and measurable using analytical test procedures established
40 CFR, Part 136, as may be amended from time to time. Fats, oils and greases
ty be referred to collectively in this article as "grease" or "greases".
Any entity or person whose act or process produces waste that is
into the POTW.
ease trap or interceptor: A device designed to use differences in specific gravities
separate and retain light density liquids, waterborne fats, oils and greases prior to
e wastewater entering the POTW. These devices also serve to collect settleable
lids, generated by and from food preparation activities, prior to the water exiting
: trap and entering the POTW. Grease traps and interceptors may also be referred
in this article as "grease/interceptors."
Grease trap waste: Material collected in and from a grease trap/interceptor in the
sanitary sewer service line of a commercial or industrial user, including the solids
resulting from de -watering processes.
Crit/Sand trap or oil water separator: A device used in commercial or industrial
applications designed to use differences in specific gravities to separate and retain
light density liquids, waterbome hydrocarbon oils, greases, and settable solids prior to
the wastewater entering the sanitary sewer collection system.
and trap waste: Material collected in and from a grit/sand trap in the sanitary
service line of a commercial or industrial user.
History Based Consumption (HBC): The average water volume used by a single-
family residential customer, or other customer not required to meter pursuant to
Section 22.04.042 of the Code of Ordinances of the City of Lubbock, said volume to
be calculated by the non -irrigation meter readings for the months of November,
December, January, and February of the previous twelve month period.
trap.: Wire basket or similar device, removable for cleaning, used in laundry
ties, that prevents the discharge of solids 0.25 inch (6.35 mm) or larger, into the
'oring Facilities: Appurtenance provided by user to sample process wastewater
to the wastewater entering the POTW. The requirements of the monitoring
ies are set forth in Section 22.04.173 of this article.
Water Separator: See Grit/Sand Trap, Oil Water Separator.
Water Separator Waste: Hydrocarbon laden material collected in and from an oil
:r separator, or combination grit/sand trap or oil water separator in the sanitary
er service line of a commercial or industrial user.
ransporter: A person who is registered with and authorized by the TCEQ, and
here applicable, the City of Lubbock, to transport sewage sludge, water treatment
udge, domestic septage, chemical toilet waste, grit/sand trap waste, or grease trap
ante in accordance with 30 TAC, Chapter 312, Subchapter G, Sections 312.141 —
12.150, as same may be amended from time to time,
following abbreviations shall have the designated meanings:
TAC: Texas Administrative Code
SECTION 3. THAT Section 22.04.041(b) of the Code of Ordinances, City of
It, Texas, is hereby amended to read as follows:
Sec. 22.04.041. Rates charged for wastewater service.
(b) In addition to the base charge, t
determine the volume of wastewater floN
herein and each customer shall pay the
(1,000) gallons, which shall be as follows:
Flow Rate: $2.05
he city, through the city manager, shall
v produced by each customer as described
wastewater volume rate per one thousand
The volume of wastewater flow produced by a single-family residential customer and
customers not required to meter as provided in section 22.04.042 of the Code of
Ordinances of the City of Lubbock shall be determined by calculating the average
water volume used as measured by the non -irrigation meter readings for the months
of November, December, January and February. This volume shall be defined as the
History Based Consumption (HBC), and it shall be updated for billing purposes in
March of each year. In the event a residential customer or premises (i.e., a new
premises) does not have a water consumption history for such months, a water
volume of 7,000 gallons per month shall be utilized as the HBC by default. If the
volume of water used drops below the HBC volume, the lesser volume shall be used
for determining the volume used for single-family residential customers in the
calculation of the monthly bill for services rendered. If the volume of water used
exceeds the HBC volume, the HBC volume shall be used for determining the volume
used for single-family residential customers in the calculation of the monthly bill for
services rendered. The volume of wastewater flow produced by other customers shall
be determined as provided for in section 22.04.042 of the Code of Ordinances of the
City of Lubbock.
SECTION 4. THAT Section 22.04.043 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.04.043. Measurement of wastewater flow of commercial or industrial
users with in -plant, in -process or in -product water losses.
It shall be the responsibility of all the commercial and/or industrial users with
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 ninety (90) days of official notice from the city.
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SECTION 5. THAT Section 22.04.044 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.04.044. Disconnection for nonpayment for service.
In the event any person, firm or institution presently connected with city water and or
sewer service fails or refuses to pay the assessed sewer charge, which shall include,
without limitation, those charges prescribed in section 22.04.046 and section
22.04.047 of this article, 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 22.03.095 of this chapter is made.
SECTION 6. THAT Section 22.04.046 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
22.04.046. Payment for sanitary sewer line blockages.
a) In the event any person, firm, or institution connected to the city sanitary
sewer system is determined to be the cause of obstruction of the City of Lubbock's
unitary sewer line, the person, firm, or institution responsible shall be assessed a
;harge no less than the sum of the costs of the personnel and equipment used to
mblock the sewer line, and the cost of the personnel to clean the sanitary sewer line.
Jonpayment of these charges may result in discontinuance of water and/or sewer
ervice as per Section 22.03.095 and Section 22.04.044 of this article.
b) Any person, firm, or institution deemed to have violated this provision shall
to provided notice at the address to which the monthly sewer charge is billed,
aforming the addressee of the violation and the charge associated with such
,iolation, and providing the addressee not less than ten (10) days opportunity to
:ontest the validity of such charge. In the event the validity of the charge is not
ontested by the addressee, or it is determined by the director of water utilities that
uch charge is valid, such charge shall become part of the "assessed sewer charge" as
ger section 22.04.044 of this article. Any charges assessed under Section (a) above
nay be contested by the person, firm, or institution assessed the charges within ten
10) days of the assessment.
SECTION 7. THAT Section 22.04.047 of the Code of Ordinances, City of
k, Texas, is hereby amended to read as follows:
22.04.047. Payment for treatment of wastewater spillage.
a) In the event that any person, firm or institution causes wastewater to be spilled
nto any storm sewer or natural water outlet, the person, firm or institution
esponsible shall be assessed a charge no less than the sum of the costs of the city's
iersonnel responding to the spill and coordinating clean-up efforts, and the
Ci
:quipment, personnel and chemicals necessary to clean the wastewater spillage.
Nonpayment of these charges may result in discontinuance of water and/or sewer
service as per section 22.03.095 and section 22.04.044 of this article.
b) Any person, firm, or institution deemed to have violated this provision shall
ae provided notice at the address to which the monthly sewer charge is billed,
informing the addressee of the violation and the charge associated with such
violation, and providing the addressee not less than ten (10) days opportunity to
:onlest the validity of such charge. In the event the validity of the charge is not
:ontested by the addressee, or it is determined by the director of water utilities that
inch charge is valid, such charge shall become part of the "assessed sewer charge" as
per section 22.04.044 of this anicle. Any charges assessed under Section (a) above
may be contested by the person, firm, or institution assessed the charges within ten
;10) days of the assessment.
SECTION 8. THAT Section 22.04.083(a)(13) of the Code of Ordinances of
ie City of Lubbock, Texas, is hereby amended to read as follows:
'pec. 22.04.083. General discharge prohibitions.
13) Any substance which contributes to the POTW's violation of its TCEQ and/or
ther disposal system permit.
SECTION 9. THAT the first paragraph of Section 22.04.133(a) of the Code
f Ordinances, City of Lubbock, Texas, is hereby amended to read as follows:
ec. 22.04.133. Permit application.
i) Significant industrial users, as defined in Section 22.04.002„ shall complete
nd file with the city Southeast Water Reclamation Plant, P.O. Box 2000, Lubbock,
X 79457, phone 806-775-3221, an application in the form prescribed by the city,
nd accompanied by a fee of three hundred dollars ($300.00). Existing users shall
pply for a wastewater contribution permit within thirty (30) days after the effective
ate of this article, and proposed new users shall apply at least ninety (90) days prior
t connecting to or contributing to the POTW. Applications can be obtained from the
outheast Water Reclamation Plant, P.O. Box 2000, Lubbock, TX 79457, phone 806-
75-3221. In support of the application, the user shall submit, upon request, in units
ad terms appropriate for evaluation, part or all of the following information:
(1) Name, address, and location of actual facility (if different from the
tailing address);
(2) SIC number according to the current Standard Industrial Classification
lanual, Bureau of the Budget;
(3) Wastewater constituents and characteristics including but not limited to
those mentioned in Division 2 of this article as determined by a reliable analytical
laboratory; sampling and analysis shall be 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;
(4) Time and duration of contribution;
(5) Average daily and thirty -minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
(6) Site plans, floor plans, mechanical and plumbing plans and details to
show all sewers, sewer connections, and appurtenances by the size, location and
elevation;
(7) Description of activities, facilities and plant processes on the premises
including all materials which are or could be discharged;
(8) The nature and concentration of any pollutants in the discharge which
limited by any city, state, or federal pretreatment standards, and a statement
rding whether or not the pretreatment standards are being met on a consistent
s and if not, whether additional operation and maintenance (O&M) and/or
tional pretreatment is required for the user to meet applicable pretreatment
(9) If additional pretreatment and/or O&M will be required to meet the
eatment standards, and if so, the shortest schedule by which the user will provide
additional pretreatment. The completion date in this schedule shall not be later
the compliance date established for the applicable pretreatment standard;
The following conditions shall apply to this schedule:
a. 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.).
b. No increment referred to in paragraph (a) shall exceed
nine (9) months.
C. Not later than fourteen (14) days following each date in
the schedule and the final date for compliance, the user
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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 nine (9) months elapse between such
progress reports to the director of water utilities.
(10) Each product produced by type, amount, process or processes and rate
of production;
(11) Type and amount of raw materials processed (average and maximum
per day);
(12) Number of employees, hours of operation of plant and proposed or
hours of operation of pretreatment system;
(13) Any other information as may be deemed by the city to be necessary to
uate the permit application;
(14) Name and title of industrial user (IU) official;
(15) List of any other environmental permits the IU has held;
(16) Applicable categorical standards such as: the date IU commenced
ge to the city, date of receipt of baseline monitoring report (BMR), date of
of the 90 day report for categorical industrial users (CIUs);
(17) Certification or the requirement of total toxic organics (TTO)
(18) Submittal of toxic organic management plan (TOMP) or other
;ment plan;
(19) Any planned changes in the production rate by the IU;
(20) Identification of sources of discharge - such as regulated, dilution flow,
lated, (used for the combined wastewater formula to derive pollutant limits);
(21) Indication of the applicability of combined wastewater formula;
(22) Estimation or measurement of process and nonprocess flows;
(23) Identification of types of discharge, such as continuous or batch
discharge;
(24) Description of pretreatment facilities;
(25) Submittal of slug discharge control plan as required under 40 CFR
403.8(f)(2)(v), if needed;
(26) Description of manufacturing facilities;
(27) Description of chemical spill prevention areas; and
(28) List of hazardous waste and description of storage area of hazardous
waste.
SECTION 10. THAT Section 22.04.139(a) of the Code of Ordinances, City
of Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.04.139. Wastewater discharge permit revocation.
(a) The director of water utilities may revoke a wastewater discharge permit for
good cause, including, but not limited to, the following reasons:
(1) Failure to notify the director of water utilities of significant changes to
wastewater prior to the changed discharge;
(2) Failure to provide prior notification to the director of water utilities of
i conditions pursuant to section 22.04.136(c)(9) of this division;
(3) Misrepresentation or failure to fully disclose all relevant facts in the
ater discharge permit application;
(4) Falsifying self-monitoring reports;
(5) Tampering with monitoring equipment;
(6) Refusing to allow the director of water utilities timely access to the
premises and records;
(7) Failure to meet effluent limitations;
(8) Failure to pay fines;
(9) Failure to pay sewer charges or charges prescribed by Section 22.04.218
this article;
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(10) Failure to meet compliance schedules;
(11) Failure to complete a wastewater survey or the wastewater discharge
permit application;
(12) Failure to provide advance notice of the transfer of business ownership
of a permitted facility; or
(13) Violation of any pretreatment standard or requirement, or any terms of
the wastewater discharge permit or this article.
SECTION 11. THAT Section 22.04.173 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.04.173. Same—Grease traps/interceptors, grit/sand traps, oil water
separators and lint traps and monitoring facilities.
(a) Grease traps/interceptors, grit/sand traps, oil water separators and lint traps 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 single-family living quarters or dwelling
units. All interceptors shall be located so as to be readily and easily accessible for
cleaning and inspection.
(b) All grease traps/interceptors, grit/sand traps, oil water separators and lint traps
(collectively or individually, "trap") and monitoring facilities shall comply with the
City of Lubbock document, "Subject: Grease Interceptor Regulations," attached
hereto as Appendix I and incorporated herein for all purposes, and shall be installed
in accordance therewith. All users shall comply with the discharge limitations
specified in this article of the Code of Ordinances of the City of Lubbock.
(c) Any person responsible for discharges requiring a trap shall at his own expense
and as required by the director of water utilities:
(1) Maintain the trap in effective operating condition by removing the
oil and grease and solids buildup in the trap, subject to the exception set
forth below, at a minimum of once every ninety (90) days to ensure
compliance with this article. If a user can, at his/her own expense,
produce scientific evidence consisting of FOG test results analyzed in
accordance with Code of Federal Regulations, 40 CFR 136.3, as same may
be amended from time to time, that establishes that a ninety (90) day
pumping schedule is not necessary to otherwise comply with this article,
the director of water utilities may prescribe an alternate maintenance
interval for such user. Evaluation of the disputed trap maintenance
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schedule shall be performed on a case-by-case basis requiring scientific
evidence for each individual factual situation.
(2) Receive a copy of the manifest from the person who transports the
liquid waste and trap material and shall be responsible for maintaining
manifests at the business address of the trap for a period of not less than
three (3) years. Transporters of waste and trap material shall provide to
the director of water utilities a copy of all liquid waste and trap material
transport trip manifests. These copies shall be due to the director of water
utilities on or before the tenth (10'h) day of each month following the
transportation event.
SECTION 12. THAT Section 22.04.175 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Sec. 22.04.175. 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:
(1) Material taken from a septic tank, cesspool, chemical toilet, or any
ilar receptacle for waste storage shall be disposed of only in a manner and place
roved by the health official. Approval shall be obtained at the time of issuance of
TCEQ permit, and no change in the approval procedure shall be made by the
nittee without prior approval of the health official.
(2) Every vehicle and all auxiliary equipment used for the transportation or
tndling of the contents of septic tanks, cesspools, chemical toilets or any similar
este storage receptacle shall be liquidtight, gastight, and soundproof, so that no foul
aterial may spill or escape therefrom. Tanks on septic vehicles shall have a
inimum capacity of seven hundred fifty (750) gallons, as per city health department
(3) No vehicle or auxiliary equipment used for carrying, transporting or
g the contents of septic tanks, cesspools, chemical toilets or any similar waste
receptacle shall be allowed to stand or remain near any occupied premises.
(4) Vehicles and equipment shall be kept in a clean condition and shall not
opened longer than is necessary when in use.
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(5) Each vehicle used under this regulation shall have the permittee's TCEQ
permit number visibly inscribed on the sides of the vehicle and the rear face in
numerals not less than two (2) inches high.
(6) 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 three (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 TCEQ 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
(7) Name and signature of facility representative acknowledging receipt of
the waste and the amount of waste received.
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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.
(1) Only true septage will be accepted at the Southeast Water Reclamation
Plant. Grease and grit trap wastes or any blending of grease and grit trap waste with
septage shall not be accepted.
(2) 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, TCEQ, and the city health
department as to size, nature, and location of the discharge area; clean up 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 "State 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.
n 6. Notification of waste dumping. Prior to dumping each tank truck,
r shall stop at the gate, notify the facility operator, and allow inspection and
of the contents.
[ion 7. Sampling, analysis, and charges. Samples of tank contents will be
d and analyzed. Analysis will be performed and any results outside the
ble analysis limits will be rejected and the TCEQ will be notified of the
Tank truck companies will be surcharged for BOD and TSS.
gulation 8. Load fees. Each truck load of seven hundred fifty (750) gallons or less
Il be assessed a minimum dump fee of thirty-five dollars ($35.00). Tank truck loads
excess of seven hundred fifty (750) gallons will be assessed a fee of thirty-five
Ilars ($35.00) plus twenty cents ($0.20) per one hundred (100) gallons over the
,en hundred fifty (750) gallon minimum.
Aation 9. Disposal permit fees. Annual disposal permits are obtainable from the
rata clerk at 1625 13th, Room 107, 806-767-2333, at a cost of fifty dollars
.00) per vehicle.
gulation 10. Disposal permit renewal. Existing permits shall be renewed October 1
each year beginning October 1, 1991. In the event a septic waste transporter
flies for a new permit after October 1, the permit fee of fifty dollars ($50.00) will
prorated in order to include only the months of waste disposal. The permittee shall
ew all permits on October 1 of each year thereafter.
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Regulation 11. Transport permit fees. The following transport permits are obtainable
from the city health department, 1902 Texas Avenue, 806-767-2951, at a cost of:
On-site sewage disposal system $61.00
Commercial septic tank emptying $61.00
Veterans Administration loan inspection $21.00
SECTION 13. THAT Section 22.04.212 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
Section 22.04.212. Monitoring facilities, Permitted and Non Permitted
Industrial Users
(a) 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, by either (i) sampling manhole,
applicable to users issued a wastewater contribution permit under Division 4 of this
article; or (ii) sample port for non -permitted industrial users. The monitoring facility
shall be situated on the user's premises.
There shall be ample room in or near such sampling manhole or facility to
iw accurate sampling and preparation of samples for analysis. Monitoring
ilities must not be located in drive areas. The facility, sampling, and measuring
ipment shall be maintained at all times in a safe and proper operating condition at
expense of the user.
c) Sampling and monitoring facilities shall be provided in accordance with the
;ity's requirements and all applicable local construction standards and specifications.
;onstruction shall be completed within ninety (90) days following official notice by
he City.
SECTION 14. THAT Section 22.04.218 of the Code of Ordinances, City of
ubbock, Texas, is hereby amended to read as follows:
22.04.218. Charges and fees.
a) The city may adopt charges and fees in accordance with Section 1.03.004 of the
,ode of Ordinances of the City of Lubbock, which may include:
(1) Industry specific fees for reimbursement of costs incurred by the
City of Lubbock related to setting up and operating the city's pretreatment
program, including without limitation the following activities:
(a) Monitoring, inspections and surveillance procedures, at the following
rates:
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(i) Personnel $25.00/hour
(ii) Vehicle Use $20.00/hour
(iii) Sampling Equipment Use $10.00/day
(iv) Analysis:
A. BOD, TSS, FOG, TPH, and pH: $40.00
B. Metals: $50.00/analyte
C. Semi -Volatiles: $300.00
D. Volatiles: $150.00
(v) Reinspection: $25.00/hour
(b) Reviewing accidental discharge procedures and construction;
(c) Permit applications;
(d) Filing appeals;
(e) Consistent removal (by the city) of pollutants otherwise subject to
federal pretreatment standards;
(2) 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 article and are separate
all other fees chargeable by the city.
SECTION 15, THAT Section 22.10.004(a) and (b) of the Code of
lances, City of Lubbock, Texas, are hereby amended to read as follows:
22.10.004. Application for City Council approval of municipal setting
A person, including the City of Lubbock, seeking City Council approval of a
aicipal setting designation (MSD) for property within the corporate limits of the
� of Lubbock, or within its extraterritorial jurisdiction, shall file an original and six
copies of the application with the city secretary. The application may be filed in
;on, by United States mail, or by a document delivery service.
An application shall be on a forth provided by the director, and shall contain:
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(1) Applicant's name and address and the name, address, daytime
telephone number, and email address of a contact person;
(2) The location and legal description of the proposed outer boundaries
of the MSD;
(3) A statement as to whether applicant has filed an application with the
executive director of the commission for an MSD for the property;
(4) A statement as to whether a public drinking water supply system
exists that satisfies the requirements of Texas Health and Safety Code
chapter 341 and that supplies or is capable of supplying drinking water to
the property for which the MSD is sought, and property within one-half
(1/2) mile of the property for which the MSD is sought;
(5) A description of the groundwater sought to be restricted, including
the identified chemicals of concern therein and the levels of contamination
known to applicant, and the identified vertical and horizontal area of the
contamination. If applicant has not documented groundwater
contamination off site that originates from the property for which an MSD
is sought, the application shall include a statement as to whether
contamination more likely than not exceeds a non -MSD residential
assessment level off site and the basis for that statement;
(6) Identification of the person(s) responsible for the contamination of
the groundwater, if known;
(7) A listing of:
(A) All owners of real property lying within one-half (112)
mile of the subject property, as the ownership appears on the last approved
city tax roll;
(B) All state -registered private water wells within five (5)
miles from the boundary of the property for which the designation is
sought, including a notation of those wells that are used for potable water
purposes (if known), and a statement as to whether applicant has provided
the owners with notice as provided in Texas Health and Safety Code
section 361.805;
(C) Each retail public utility that owns or operates a
groundwater supply well located not more than five (5) miles from the
property for which the MSD is sought, and a statement as to whether
applicant has provided the utilities with notice as provided in Texas Health
and Safety Code section 361.805; and
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(D) Each municipality, other than the City of Lubbock, with a
boundary located not more than one-half (112) mile from the property for
which the MSD is sought; or that owns or operates a groundwater supply
well located not more than five (5) miles from the property for which the
MSD is sought, and a statement as to whether applicant has provided the
municipalities with notice as provided in Texas Health and Safety Code
Section 361.805, as amended;
(8) A copy of the application to the executive director of the TCEQ, if
filed;
(9) A site map, drawn to scale, including a metes and bounds
description of the property, the boundary of the proposed MSD, and a
statement by a professional land surveyor registered by the Texas Board of
Professional Land Surveying attesting to the accuracy of the metes and
bounds property description;
(10) A series of maps, diagrams, and figures sealed by a professional
engineer and/or a professional geoscientist registered by the Texas Board
of Professional Engineers or Geoscientists, respectively, depicting the
following information:
(A) the location and depth of groundwater and monitor
wells on the property,
(B) the direction of groundwater flow, and
(C) the vertical and horizontal extent of contaminated
groundwater, to the extent it has been defined; and
(11) Any other information that the director deems pertinent.
SECTION 16. THAT Section 22.10.006(c) of the Code of Ordinances, City
Lubbock, Texas, is hereby amended to read as follows:
22.10.006. Director's action following application review.
c) If the director determines that the application is incomplete, he will return the
application to the applicant, noting the deficiencies in writing. The applicant shall
lave thirty (30) days from the date of the deficiency letter to correct the deficiencies
ind resubmit the application. If the returned application contains deficiencies, the
lirector shall again return the application to the applicant and note the deficiencies in
vriting, and the applicant shall again have thirty (30) days to resubmit the
application. If an applicant fails to remedy the deficiencies after the director has
wovided notice in writing on at least two occasions, the director may return the
application and require a new application fee prior to further consideration of the
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SECTION 17. THAT the first paragraph of Section 22.10.007(a) of the Code
of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows:
See. 22.10.007. Notice of public hearing.
(a) Notice of the public hearing on a MSD application may be combined with
notice of additional public meetings on the same subject and must include the date,
time and location of the public hearing; the identity of the applicant; the location and
legal description of the property for which the MSD is sought; the purpose of the
MSD; the type of contamination identified in the groundwater of the property for
which the MSD is sought; and a statement that a copy of the application is available
for public viewing at the City Secretary's office. Notice will be made as follows:
(1) The director will provide published notice of a public hearing for the
proposed MDS by means of a legal advertisement appearing in the official newspaper
of the city, or a paper of general circulation, not less than fifteen (15) day before the
public meeting;
(2) The director will provide posted notice of a public hearing by
requesting that the city secretary post the notice at city hall, in a place readily
accessible to the general public at all times, not less than fifteen (15) days before the
public meeting; and
(3) The director will serve written notice of a public hearing for a
proposed MSD not less than fifteen (15) days before the date set for the public
meeting. Such notice shall be deemed served when it is deposited, properly
addressed and regular postage paid, in the United States mail. Notice will be served
(A) The applicant;
(B) The list provided by applicant of owners of real property lying
tin one-half (1/2) mile of the subject property, as the ownership appears on the
-approved city tax role;
(C) The list provided by applicant of persons who own private
stered water wells within five (5) miles of the subject property;
(D) The list provided by applicant of each retail public utility that
is or operates a groundwater supply well located not more than five (5) miles from
property for which the MSD is sought; and
(E) The list provided by applicant of each municipality with a
ndary located not more than one-half (1/2) mile from the property for which the
D is sought or that owns or operates a groundwater supply well located not more
i five (5) miles from the property for which the MSD is sought.
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SECTION 18. THAT Section 22.10.009 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
See. 22.10.009. Limitation on reapplication
If, after the public hearing, the City Council disapproves an application, or if the
applicant has withdrawn its application after public notice has been issued, no new
MSD applications for the property shall be accepted by the City or scheduled for a
hearing by the City Council within a period of twelve (12) months of the date of
disapproval or withdrawal. If the water utilities director has not issued public notice,
he may, in the interest of the public health and safety, ask the Applicant to withdraw
the MSD application voluntarily. After addressing the health and safety issues, the
Applicant may reapply without forfeiting the original two thousand dollar ($2,000.00)
SECTION 19. THAT, unless otherwise provided herein, a violation of any
vision of this Ordinance shall be deemed a misdemeanor punishable as provided
Section 1.01.004 of the Code of Ordinances of the City of Lubbock.
SECTION 20. THAT should any paragraph, section, sentence, phrase, clause
word of this Ordinance be declared unconstitutional or invalid for any reason, the
minder of this Ordinance shall not be affected thereby.
SECTION 21. THAT the City Secretary of the City of Lubbock is hereby
authorized and directed to cause publication of the descriptive caption of this
Ordinance as an alternative method provided by law.
SECTION 22. THAT this Ordinance shall become effective, except as may
ise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
by the City Council on first reading this 23rd day of October , 2014.
by the City Council on second reading this 6th day W
f November , 2014.
RTSON,MAYOR
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APPROVED AS TO CONTENT: