HomeMy WebLinkAboutOrdinance 0406
ORDINANCE NO., 406
AN ORDINANCE ESTABLISHING REGULATIONS COVERING
INDUSTRIAL WASTES: DEFINING TERMS PROHIBITING
SOME WASTES: PROVIDING LIMITS FOR B.O.D.,
TEMPERATURE, ACIDS, ALKALINES, SYNTHETIC PRODUCTS,
EXPLOSIVE MIXTURES, GREASES AND OILS: REQUIRING
PRETREATMENT; PROVIDING FOR RATES AND SURCHARGES;
PROHIBITING OUTSIDE SOURCE OF WATER; REQUIRING
SUBMISSION AND APPROVAL OF PLANS & SPECIFICA-
TIONS; SETTING FORTH REQUIREMENTS FOR TREATING
AND CONTROL FACILITIES; PROVIDING FOR CITY IN-
SPECTION AND TESTING; PROVIDING AUTHORITY TO
DISCONNECT; REPEALING ALL CONFLICTING ORDINANCES;
PROVIDING A PENALTY; PROVIDING FOR METHOD
OF PUBLICATION AND EFFECTIVE DATE; AND CONTAIN-
ING A SEVERABILITY CLAUSE.
WHEREAS, the City Council of North Richland Hills, Texas, finds
that it is necessary and essential in the public interest of the health,
safety and general welfare of the citizens of the City of North Richland
Hills, Texas to enact provisions governing the discharge of wastes into
the City sewage facilities, to read hereafter in full as more particularly
provided in the body of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1. DEFINITIONS. The following words and phrases
shall have the meanings herein ascribed to them:
B.O.D., denoting Biochemical Oxygen Demand means the quantity
of oxygen utilized in the biochemical oxidation of organic matter by
standard methods procedure in five (5) days at twenty (20) degrees C.,
expressed in parts per million by weight.
City means the City of North Richland Hills, Texas, or any
authorized person acting in its behalf.
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Domestic Sewage meanswater-b6rne wastes normally discharged
from sanitary conveniences of dwellings, including apartment houses,
hotels, office buildings, factories and institutions, free from storm
surface water and industrial wastes. Normal domestic sewage shall
mean normal sewage for North Richland Hills, Texas, in which the average
concentration of suspended materials and five (5) day B.O.D. is established
at two hundred fifty (250) parts per million each, by weight, on the
basis of the normal contribution of twenty hundredths (0.20) pounds per
capita. It is further expressly provided that for the purpose of this
ordinance, any waste that exceeds the above concentration of suspended
materials and/or B.O.D. shall be classified as industrial waste and
made subject to all regulations pertaining thereto, whether or not such
waste was partially domestic origin.
Garbage means solid wastes from the preparation, cooking and
disposing of food, and from handling, storage and sale of produce.
Industrial wastes means all water-borne solids, liquids, or
gaseous wastes resulting from any industrial, manufacturing or food
processing operation or process, or from the development of any natural
resources, or any mixture of these with water or domestic sewage as
distinct from normal domestic sewage.
Manager means the manager of the water and sewer systems of
the City, or his authorized deputy, agent or representative.
Person, establishment or owner means any individual, firm,
company, association, society, corporation, partnership, or group,
their agents, servants or employees.
-2-
~ means the logarithm (base 10) of the reciprocal of the
hydrogen-ion concentration of a solution.
Properly shredded garbage means the wastes from the preparation~
cooking and dispensing of food~ exclusive of egg shells, bones, etc.,
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 particles greater than one-half (~) inch 'in any dimension.
Public sewer means a sewer in which all owners abutting properties
shall have equal rights, and is controlled by public authority.
Sanitary sewer means a public sewer which carries sewage and
to which storm, surface and ground waters are not intentionally admitted.
Sewage means a combination of the water-carried wastes from
residences, business buildings, institutions and industrial establishments.
Sewage works means all facilities for collecting~ pumping,
treating and disposing of sewage.
Sewer means a pipe or conduit for carrying sanitary sewage.
Sewage treatment plant means any city owned facility, devices
and structures used for receiving and treating sewage from the city sanitary
sewer system.
Suspended solids means solids that either float on the surface,
or are in suspension in water, sewage, or other liquids; and which, in
accordance with standard methods, are removable by laboratory filtering.
Standard methods means the laboratory procedures set forth in
the latest edition, at the time of analysis~ of Standard Methods for the
Examination of Water and Waste Water as prepared, approved and published
jointly by the American Public Health Association, the American Water Works
Association and the Water Pollution Control Federation.
-3-
Unpolluted water or waste means any water or waste containing
none of the following: free or emulsified grease or oil, acid or alkali,
phenole, or other substances in suspension, colloidal state or solution,
and noxious or odorous gases. It shall contain not more than ten parts
per million each of suspended solids and B.O.D. The color shall not
exceed fifty parts per million.
SECTION 2. PROHIBITED WASTES.
A. It shall be unlawful for any person to discharge or cause
to be discharged any polluted water or corrosive waste
into any storm drain or water course within the City.
B. No person shall discharge or cause to be discharged any
storm water, ground water, roof runoff, subsurface or
drainage from down spouts, yard drains, yard fountains and
ponds, or lawn sprays into any sanitary sewer. Water
from swimming pools, unpolluted industrial water, such as
water drains, blow-off pipes, or cooling water from
various equipment shall not be discharged into sanitary
sewers if a closed storm sewer is available. If a closed
storm sewer is not available, such water may be discharged
into the sanitary sewer by indirect connection whereby
such discharge is cooled, if required, and flows into
the sanitary sewer at a rate not in excess of 5 gallons per
minute, provided that the waste does not contain materials
or substances in suspension or solution in violation of
the limits prescribed by this Ordinance.
-4-
c. No person shall dischárge or cause to be discharged, into
any sanitary sewer any of the following described substances, material,
waters, or wastes:
(1) Any liquid or vapor having a temperature higher than
one hundred fifty (150) degrees Fahrenheit (sixty-five (65)
degrees centigrade), or any discharge which causes the
temperature of the total treatment plant influent to increase
at a rate of ten (10) degrees Fahrenheit or more per hour
or a combined total increase to a plant influent temperature
of one hundred ten (110) degrees Fahrenheit;
(2) Any water or wastes which contain wax, grease or oil,
plastic, or other substance that will solidify or become
discernibly vicous at temperatures between thirty-two (32)
degrees to one hundred fifty (150) degrees Fahrenheit;
(3) Flammable or explosive liquid, solids or gas, such as
gasoline, kerosene, benzine, naptha, etc.;
(4) Solid vicous substance in quantities capable of causing
obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as
ashes, cinders, sand, mud, straw, shavings, metal, glass,
rags, feathers, tar, plastics, wood, whole blood, paunch
manure, hair and fleshings, entrails, lime slurry, lime
residues, slops, chemical residues, paint residues or
bulk solids;
-5-
(5) Any garbage not within definition of properly shredded
garbage as defined in SECTION 1 hereof;
(6) Any noxious or malodrous substance and which can form
a gas, which either singly or by interaction with other
wastes, is capable of causing objectionable odors; or
hazard to life; or forms solids in concentration exceed-
ing limits established in Paragraph D of this section;
or creates any other condition deleterious to structures
or treatment processes; or requires unusual provisions,
attention or expense to handle such materials.
D. Except in quantities, or concentration, or with provisions
as stipulated herein, it shall be unlawful for any person or corporation or
individual, to discharge water or wastes to the sanitary sewer containing:
(1) Free or mulsified oil and grease exceeding on analysis an
average of one hundred (100) parts per million (eight hundred
thirty-three (833) pounds per million gallons) of either or
both combinations of free or emulsified oil and grease, if,
in the opinion of the manager, it appears probable that
such wastes:
(a) Can deposit grease or oil in the sewer lines in such
a manner as to clog the sewers;
(b) Can overload skimming and grease handling equipment.
(c) Are not amendable to bacterial action and will
therefore pass to the receiving waters without being
affected by normal sewage treatment processed, or,
-6-
(d) Can have deleterious effects on the treatment
process due to the excessive quantities.
(2) Acids or alkalies which attach or corrode sewers or
sewage disposal structures, or have a pH value lower
than 5.5 or higher than 9.5;
(3) Cyanide or cyanogen compounds capable of liberating
hydrocyanic gas or acidification in excess of two (2)
Parts per million by weight as CN in the wastes from
any outlet into the public sewers;
(4) Materials which exert or cause:
(a) Unusual concentrations of solids or composition;
as for example; total suspended solids of greater
than 250 parts per million of inert nature or
such as Fuller's Earth and/or total dissolved
solids such as sodium chloride, or sodium sulfate;
(b) Excessive discoloration;
(c) Biochemical oxygen demand or an immediate oxygen
demand greater than two hundred fifty (250) parts
per million;
(d) High hydrogen sulfide content, or
(e) Unusual flow and concentration shall be pretreated
to a concentration acceptable to the North Richland
Hills Sewer System if such wastes can cause damage to
collection facilities, impair the processes, incur
treatment cost exceeding those of normal sewage, or
render the water unfit for stream disposal or industrial
use.
-7-
(5) Salts of a heavy metal in solution or suspension in
concentrations exceeding the following:
Chromium as Cr - 3 parts per million
Copper as Cu - 3 parts per million
Zinc as Zn - 3 parts per million
Nickel as Ni - 3 parts per million
Cadmium as CD - 3 parts per million
or elements which will damage collection facilities or
are detrimental to treatment processes.
(6) Any water or waste that contains more than 10 parts per
million of the following gases: Hydrogen sulphide, sulphur
dioxide or nitrous oxide.
(7) Radioactive materials.
SECTION 3 PRETREATMENT AND CONTROL OF INDUSTRIAL WASTES
A. Persons or owners discharging industrial wastes which exhibit
any of the prohibited wastes set out in this ordinance shall be required
to pretreat said wastes or otherwise dispose of such wastes so as to make
the remaining waste acceptable to the City of North Richland Hills prior
to admission of said waste into a sanitary sewer.
B. Plans, specifications, or any other pertinent information
relating to proposed preliminary treatment and control facilities shall be
submitted for the approval of the City of North Richland Hills, and no
construction of such facilities shall be commenced until approval is obtained
in writing. Preliminary treatment and control facilities shall be
constructed so as to provide all of the following:
-8-
(1) Prevention of prohibited waste from entering a
sanitary sewer;
(2) Control of the quantities and rates of discharge of
industrial wastes into a sanitary sewer; and,
(3) An accessible entry so that any authorized employee
of the City of North Richland Hills may readily and
safely measure the volume and samples of the flow prior to
the admission of said industrial wastes into a sanitary
sewer.
C. When preliminary treatment and control facilities are provided
for any water or wastes, they shall be maintained continuously in satisfactory
and effective operation by the owner at his expense.
D. The mayor and other duly authorized employees or representatives
of the City of North Richland Hills acting as his duly authorized agent and
bearing proper credentials and identification, shall be permitted to gain
access to such properties as may be necessary for the purpose of inspection,
observation, measurement, sampling and testing of sewage and/or industrial
wastes.
SECTION 4. SURCHARGE FOR WASTES OR ABNORMAL STRENGTH.
A normal service charge shall be established by the City of
North Richland Hills for any person, firm, owner or corporation discharging
wastes into the system, provided that the B.O.O. in the waste water or the
suspended materials does not exceed the normal concentration of two
hundred fifty (250) ppm.
When either the B.O.O. or the suspended solids or both are found
to exceed the stated two hundred fifty (250) ppm at the point entering the
City's sytem, a surcharge shall be applied to the billing rate by
-9-
multiplying the normal service base rate by the factor obtained from
dividing the actual measured B.O.D. by two hundred fifty and also by
the factor obtained from dividing the actual measured suspended solids
by two hundred-fifty, each such factor to be applied individually and
only when greater than one. The surcharge will be made for each factor
that exceeds one and shall be additive.
The determination of B.O.D. and suspended materials shall be
by an independent laboratory selected by the City. The time of selection
of the sample shall be at the sole discretion of the City. The applicable
surcharge determined by such tests shall be retroactive for two billing
periods and shall continue for six (6) billing periods unless subsequent
tests determine that the surcharge should be further increased.
When any such tests made at the discretion of the City shows
that a surcharge shall be applied, continued or increased over the base
rates, whichever is applicable, then the Owner shall be billed at the
rate of Five Dollars ($5.00) for each test to cover the cost of sampling,
mailing and handling plus the laboratory fees. When a surcharge is in
effect, the test will be made at least once every fifteen (15) days. When
such tests made at the discretion of the city reveals that the surcharge
is no longer applicable, then no costs will be made to the Owner for
such test or tests.
SECTION 5. AUTHORITY TO DISCONNECT SERVICE.
The City shall retain the right to disconnect waste disposal
service in the following circumstances:
A. Where acids or chemicals damaging to sewer lines or treat-
ment processes are released to the sewer causing rapid deterioration of
-10-
(
these structures or interferi ng wi th" proper treatment of sewage) the
City is authorized immediately to terminate service by such measure as
are necessary to protect facilities.
B. Where any governmental agency informs the Ci ty that the
effluent from the treatment plant is no longer of a standard permitted
for release into the watercourse and it is found that the Oi'mer is
delivering waste water to the City's system that cannot be sufficiently
diluted by mixing with the City's \vaste or requires treatment that is
not provided by the City as normal domestic treatment.. In this instance)
the City shall immediately supply the owner with the. governmenta" agencies
report and provi de the' owner wi th all perti nent i nforma ti o"n. The owner IS
waste line will then be disconnected \vhen the City is informed that it
can no longer continue to release their effluent into the watercourse.
The owner's waste treatment service shall remain disconnected until s~ch
time that the owner has pravi ded addi ti anal pretreatment facil-j-¡:i es desi gned
to remove the objectionable cause from owner's industrial wastes;
C. Where the owner delivers his waste water at an uncontrolled)
variable rate in sufficient quantity that it causes an imbalance in the
sewage treati.ng system.
SECTION 6. REPEALER. All ordinances and parts' of ordinances
inconsistent with or in conflict with the provision~ of this ordinance
shall be and the same are hereby expressly repealed.
SECTION 7. PENALTY. Any person) firm or corporation violating
any provi s ions of th is ordi nance s ha 11 be gui lty of a mi sdemeanor > and
shall upon conviction be fined in a sum not to exceed Two Hundred Dollars
(
.-:.,H-
($200.00) with each day of violation constituting a separate violation
of this ordinance.
SECTION 8. PUBLICATION. The City Secretary shall cause the
publication of the caption and penalty clause of this ordinance in two
consecutive issues of the official paper of the City of North Richland
Hills, Texas, and said ordinance shall become effective ten (10) days
after the date of its passage.
SECTION 9. SEVERABILITY. If any section, paragraph, subdivision,
clause, phrase or provision of this ordinance shall be judged invalid or
held unconstitutional, the same shall not in any manner be so construed
as to effect the validty of the remainder of this ordinance as a whole
or any part or provision thereof, other than the part so decided to be
invalid or unconstitutional.
APPROVED AND PASSED in regular Council Meeting on this the
8th day of
May
, 1972.
., Z/!
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I
. C, . ?
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/ løt j. .f1L. .
:~t L:MA~AYOR üt
ATTEST:
¡ n .? p ClA/)/> -~
DONN~CITY SECRETAR~/
APPROVED AS TO FORM AND LEGALITY:
~~/
~7? ~//7Mh1./
TIM TRUMAN, Cìf11~ORNEY
-12-
LEGAL AFr~DAVIT
THE STATE OF TEXAS:
A'M'ACH LEGAL
COpy HERE
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally
Eleanor Lewis
appeared known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
That she is th~ookkeepeðf the Mid Cities DStliYnMpiper
which has been regularly and continuously published and of general
circulatiob in the City/Town of
Hur~t , for a period of
more than one year next preceding the first publication of the
attached
Legal Notice
and that he caused said notice to be
5/10/72,
published in said newspaper on the following date/s. 5/17/72
That the attached is a true and correct copy of said notice as pub-
Hshed on said date/s in said
Mid Cities Dsi]v News
~/~'
Sworn to and subscribed before me, this the~l-(fay of J unfi
19 ~
COUDty ,
Form -- 110
~
',,':,~~pal..,"i~\e~(c":. "', '~i'
. .. ." .,. . . . '.' .. .... .... . '¡I
:~~~i .:~flbINAN<3ENO.. AND CONT.u1"UNQ A SEVER~
AN> ORDlNÁNCEESTAB- ABn.ri'Y çl.AÙ$E. '
LISHlNG REGULATIONS SECTION·1. PlNALTY." Any
COVE2UNG ...·.··..INDUSTRIAL person,.fiI'tn. or COI'POràtion
.;WA.S'I'ES: ÐEFtNING TERMS violating ant provisionsøf this
'PRœ1iITINQ .' ..', '. SOME ordinance shall be guilty of a
:t"'A~~:;~lDtNG LIM- n¡iSdetneánor, and siulllupon
ITS FOR B.O.tl... TEMPERA- conviction be' fined .in a¡SlID
TURE, ACIDS, . ALKALINES, not to exceed 'l'woHùDâred
_ SYNTHETIC PRODUCTS, Dollars ($7AIO.OO) witheacl1 day
EXPLOSIVE MIX.'l'tJRES, of violation e<#tituµDg à~7
-GREASES AND· O!LS: {a~- rateviòlation of this . 0I'ìU~
jUJRINQ P:R~~~; nance.. . ... . '.;
fJlIDVIDINO.FOR 'RATES APPR"OVED AND PASSED in
i.~ ..SURCHARGES; PRO- regular C~l)cil Meet¡ng, of the
~IBITING OUTSIDE. SOURCE city of North Richland Hills on
¡...OF!~~~; R.EQt,J1RING this the 8th dayofMây,~I72.
ic" flJBlII~ION , AND.. .AB.·
a 'PL4NS~ SPECI-
. þ; . :r;)'SE'!'TING
NTS ATTEST:
coN-. - -s- DonnaPairsh
OVID- CITY SECRETARY
ION
~jipROVIPING
~UTHOJutY>·To. iDISCoN-
~ÜJ~~~ING o~t
,)ií\NCES; .,.,PROVIDING A
. PENAL1W;·~ªQ¥lDINGFOR
ME'I1IOD OF'~ICATION
AND· EFFEß'I'WE DATE;
-5- Marion L. Massey
MAYQR
APPROVED AS TO FORM
AND LEGA4fl'Y:
-s- Tim Trom,an .
. City ATTORNEY
MCLegarN~, i96 )
Wed., May 10,¡.1$?2
Wed., May 17, 1m
r;
LEGAL AFrJDAVIT
THE STATE OF TEXAS:
COUNTY OF TARQA1',TT
Before me, the undersigned authority on this day personally
Eleanor Lewis
appearect known to me to be a credible person. who
first being sworn, deposed and upon her oath said:
That she is thJ3ookkeepeðfthJ1id Cities D3i~Yà ~éWlÞaper
which has been regularly and continuously published and of general
circulatidtl in the City/Town of
Hurst
, for a period of
more than one year next preceding the first publication of the
attached Legal Notice
and that he caused said notice to be
published in said newspaper on the following date/s 5//10//72,
. 5 17 72
That the attached is a true and correct copy of said notice as pub-
lished on said date/s in said
Mid Cities Daily News
t/~~·
Sworn to and subscribed before me, this the6thday ofJun~
19 ..E
e Hall
ublic, Tarrant County,
Texas .
A'M'ACH LEGAL
COpy HERE
Form -- 110
I
Legal Notice
_/
PRDINANCE NO. 406 AND CqNTAINING A SEVER-
AN " ORDINANCEESTAB- ABILITY CLAUSE.
LIsHi:NG REGULATIONS SECTlON L PEl'i...ALTJ, Any
COVERING INDUS'!'RIAL-person, firm or corporation
WAS'fES: D..~FINlNG1'ERMS violating any provisions of this
PROOIBITING SOME ordinance shall be guilty of a
-WASTES: PROVIDING LIM- misdemeanor, and shall uPon
ITS fOR B.OD., TEMPERA- conviction be fined in a sum
TURE, ACIDS, ALKALINES, not to exceed Two Hundred
",YNTHETIC PRODUCTS, Dollars ('200.00) with each day
~XPLOSIVE MIXTURES, of violation constituting a sepa-
GREASES AND OILS: RE- rate violàtion of this ordi-
QUIRING PRETREATMENT; nance.
PROVIDING FOR RATES APPROVED AND PASSEI)in
ANQ SURCHARGES; PRO- regular Council Meeting of the
HIBITING OUTSIDE SOUnCE city of North Richland Hills 01V
OF : WATER; REQUIRING this the 8th day of May, 1972.
SVB1\iISSION AND AP-
PROV AL OF PLANS & SPECI-
FICÀTIONS; SETTING
FORTH REQUIREMENTS
FOR TREATING AND, CON-
TRoL FACILITIES; PROVID-
ING:FOR CITY INSPECTION
ANn TESTING; . PROVIDING
AUTHORITY TO DlSCON-
NEGT' REPEALING ALL
CONFLICTING ,ORDI-
NANCES; PROVIDING ,A
PENALTY; PROVIDING FOR
METHOD OF PUBt.ICATION
AND EFFECTIVE DATE;
-s- Marion L. Massey
MAYOR
AT1'EST :
-s- DonnaPairsh
CITY SECRETARY
APPROVED AS TO FORM
ANt) LEGALITY:
-s- Tim Troman
City ATTORNEY
MC Legal No.6968
Wed., May 10, 1972
Wed., May 17, 1972