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HomeMy WebLinkAboutOrdinance 1515 ORDINANCE NO. 1515 AN ORDINANCE PROVIDING FOR THE ASSESSMENT OF AN ABNORMAL SEWAGE SURCHARGE ON CERTAIN COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS WHICH DISCHARGE CONCENTRATIONS OF BIOCHEMICAL OXYGEN DEMAND (BOD) AND TOTAL SUSPENDED SOLIDS (TSS) IN AMOUNTS EXCEEDING NORMAL DOMESTIC WASTEWATER CONCENTRATIONS INTO THE CITY OF NORTH RICHLAND HILLS' SANITARY SEWER SYSTEM AND PROVIDING A STANDARD FOR SAMPLING BOD AND TSS CONCENTRATIONS FOR THE THREE (3) CLASSES OF ESTABLISHMENTS REGULATED BY THIS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. DEFINITIONS When used in this ordinance, these terms shall be defined as follows: Abnormal Sewage: Any sewage having a total suspended solids or BOD content in excess of that found in normal domestic wastewater but which is otherwise acceptable into a sanitary sewer under the terms of this ordinance and Ordinance No. 1063. Abnormal Sewage Surcharge: The charge levied against any person for services rendered during treatment of abnormal sanitary sewage or waste. This charge shall be in addition to the usual monthly charge for sanitary sewage service. Biochemical Oxygen Demand (BOD): The quantity of oxygen utilitzed in the biochemical oxidation of organic matter specified by procedure in "Standard Methods", and results expressed in terms of weight and concentration (milligrams per liter (mg/l». City: City of North Richland Hills, Texas. Composite Sample: A sample of the wastewater discharged to the collection system by a user and composed of a series of not less than three samples taken during the periods when industrial wastes are being discharged. The period of time over which the samples are collected for compositing into a single sample shall not exceed twenty-four hours. The series of samples may be collected on a time-proportional of flow-proportional basis. Director: The Director of Public Works/Utilities for the City of North Richland Hills, Texas or his authorized representative. Grab Sample: A single sample of effluent flow taken at any time. mg/l: Milligram per liter. ppm: Parts per million Person: Any individual, business, partnership, any type of corporation, governmental agency, or political subdivision. POTW: Publicly Owned Treatment Works -- Any sewage treatment plant and the sewers, watercourses and appurtenances thereto, owned and operated by the City or by others under contract to treat the City's sewage. Sanitary Sewer: A publicly owned pipe or conduit designed to collect and transport industrial waste and domestic sewage to the POTW. Sewage: Water-carried human wastes or a combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, storm or other waters as may be present. Shall: Is mandatory. User: Any person who contributes, causes or permits the contribution of wastewater into the City's sanitary sewer. Wastewater: Industrial waste, sewage or any other waste that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, including that which may be combined with any ground water, surface water or storm water, that may be discharged to the POTW. Said water may be either polluted or unpolluted. SECTION II. INDUSTRIAL SURCHARGE FOR CLASS GROUPS (A) Commercial and industrial establishments hereafter described as Class I, II, or III which discharge wastewater into the City sanitary sewer system shall be required to meet the requirements of this section: Class Description I Eating places: includes restaurants, bars, lounges, and other establishments which engage in preparation of food or beverage which is served directly to the consumer. II Equipment service facilities: includes establishments which perform or provide washing, cleaning, or servicing, of automobiles, trucks, buses, machinery, or equipment, this class to include public facilities, facilities limited to specific companies, attended and coin operated establishments. III Food and kindred products processing: includes commercial establishments which engage in the preparation, packaging, processing, or distributing of food, food other than those included in Class I and which discharge less than 150,000 gallons of wastewater per month. All commercial and industrial establishments falling within one or more of the above class groups shall be subject to and pay a surcharge as set forth in the paragraphs below. At the discretion of the Director of Public Works, any commercial or industrial establishment may be monitored individually. Page 2 Ord. No. (B) A surcharge shall be charged the customers based on wastewater strength determination for that particular class group. Strengths for BOD and TSS are determined for each class group according to the table set forth in paragraph (F) below. (C) The volume of flow used in computing abnormal sewage surcharges shall be based upon metered water consumption as shown in the records of meter reading maintained by the City. (1) Any User who procures any part or all of his water supply from sources other than the City, all or part of which is discharged into the sanitary sewer system, shall install and maintain, at his expense, water meters of the type approved by the City for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the City. (2) In those circumstances where a User desires a credit for metered water being consumed, but not being returned to the sanitary sewer, a volume credit shall be allowed if said water User installs an effluent meter or meters to measure wastewater flow. Said meter shall be installed and maintained at the customer's expense, be installed pursuant to plans and specifications approved by the City, be installed in an approved location, be calibrated annually and a certified calibration statement for said meter be annually provided the City, and have a totalization device. The aforementioned calibration shall be witnessed by a representative of the City. (3) In those circumstances involving a Class I User which desires a credit for metered water being consumed, but not being returned to the sanitary sewer, and where such User is located in such a mannger that effluent meters may not be properly located, the figure of 12.5 gallons of wastewater per customer served shall be used. Such Users shall submit to the City the total number of individuals served within the preceding 12 month period, from which an average monthly wastewater flow shall be determined for the next 12 month period. (4) In those circumstances where a User desires a credit for metered water being consumed but not being returned to the sanitary sewer, and further where none of the preceding paragraphs are applicable, it shall be the responsibility of the User to provide satisfactory evidence of discharge reduction upon which an accurate credit be estimated, and the City may estimate said discharge upon the presentment of such evidence. (5) If the City finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, it shall determine the quantity or reality of the waste in any manner or method it may find practicable in order to arrive at the percentage of water entering the sanitary sewer system of the City and/or the quality of the sewage to be used to determine the sewer service charge and the abnormal sewage surcharge for class groups. Page 3 Ord. No. (D) If a commercial or industrial establishment contains operations from more than one class group and it is determined that the surcharge rate for a particular class group would not adequately compensate the City for its costs of treatment, then the Director or his designee may assess an additional charge based on a proportional average of the class groups involved or he may require the commercial or industrial establishment to be billed for an abnormal sewage surcharge which is based on the maximum values of BOD or TSS from either class group. (E) A commercial or industrial establishment placed into a class group may elect to have its surcharge determined from composite samples in lieu of the class averages provided that: (1) A request to do so is submitted to, and approved by, the Director or his designee. (2) Install a manhole or sample tee built to the Director's specifications at the sole expense of the requesting industry and approved by the Director or his designee. (3) A self-monitoring procedure to include sampling and analyses as prescribed by the Director or his designee is obtained and strictly followed. Such collections and analyses being at the sole expense of the requesting entity or the City may provide monitoring after placement of the manhole or sample tee as provided above, with the requesting industry compensating the City for its actual expenses. (4) The requesting entity agrees and understands that the City shall obtain check samples, either grab or composite, from the monitoring site for the purpose of checking the accuracy of the self-monitoring procedures and analyses prescribed above and that in the event of discrepancies, the City's data or the normal average strengths of the appropriate class, shall be used for determining the surcharge. (5) The laboratory employed by the requesting industry shall be approved by the Director or his designee, prior to implementation of self- monitoring. Subsequent changes in the laboratory shall require prior approval. (F) The initial determination for BOD and TSS strength shall be based on the following levels: Class I: BOD 1193 mg/l TSS 526 mg/l BOD 267 mg/l TSS 1079 mg/l BOD 752 mg/l TSS 423 mg/l Class II: Class III: Normal Domestic Wastewater: BOD TSS 210 mg/l 240 mg/l Page 4 Ord. No. These strengths may be revised from time to time based on study information from the Federal, State, local government, or the City. (G) The abnormal sewage surcharge shall be determined through the following formula: S b t B T DB DT 8.34 7.48 1.0 1.05 S [b x (B - DB)] + [t x (T - DT)] x 8.34 x 7.48 x 1.0 + 10,000 x 1.05 surcharge rate per 100 cubic feet of wastewater flow unit cost of treatment per pound of Biochemical Oxygen Demand, $/lb. = unit cost of treatment per pound of Total Suspended Solids, $/lb. actual or assumed BOD strength of discharge from User in mg/l (ppm) actual or assumed TSS strength of discharge from User in mg/l (ppm) normal BOD strength in domestic wastewater expressed in mg/l (ppm) normal TSS strength in domestic wastewater expressed in mg/l (ppm) weight in pounds per gallon of water = gallons per one cubic foot million cubic feet sampling recovery factor SECTION III. SEVERANCE That it is hereby declared that the sections, articles, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, subsection, article, or section of this ordinance shall be declared void, ineffective, or unconstitutional by a valid judgment or final decree of the court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs, subsections, article, or sections of this ordinance since the same would have been enacted by the City Council with the incorporation herein of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, subsection, article, or section. SECTION IV. REPEALER All ordinances or parts of ordinances not consistent or conflicting with the provisions of this ordinance are hereby repealed; provided that such repeal shall be only to the extent of such inconsistency and in all other aspects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this ordinance. SECTION V. The City Secretary of the City of North Richland Hills is hereby directed to engross and enroll this ordinance by copying the caption of this Ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. Page 5 Ord. No. SECTION VI. This ordinance shall be in full force and effect from the date of passage and approval and publication as required by law: ,19 87 PASSED AND APPROVED this 21st day of DECEMBER ~~ Dan Echols, Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: Page 6 Ord. No.