8-3-16: INDUSTRIAL WASTE DISCHARGE AGREEMENT AND PAYMENT OF COSTS:

   A.   When discharges of industrial waste are approved by the approving authority, the City or its authorized representatives shall enter into an agreement or arrangement providing:

      1.   Terms of acceptance by the City; and

      2.   Payment by the persons making the discharge.

   B.   Persons making discharges of industrial waste shall pay a charge to cover the cost of collection and treatment as provided by the LRGVPCA.

   C.   If the volume or character of the waste to be treated by the City does not cause overloading of the sewerage collection of the City and treatment or disposal facilities of the LRGVPCA, then prior to approval, the City, LRGVPCA and the person making the discharge shall enter into an agreement which provides that the discharger pay an industrial waste charge to be determined from the schedule of charges.

   D.   If the volume or character of the waste to be treated by the LRGVPCA requires that the wastewater collection system of the City or treatment or other disposal facilities of the LRGVPCA be improved, expanded or enlarged in order to treat the waste, then prior to the approval, the City, LRGVPCA and the person making the discharge shall enter into an agreement which provides that the discharger pay in full all added costs the City may incur due to acceptance of the waste.

   E.   The agreement entered into pursuant to subsection C of this Section shall include but not be limited to:

      1.   Amortization of all capital outlay for collecting the waste, including new capital outlay for and the proportionate part of the value of the existing system used in handling waste;

      2.   Operation and maintenance costs, including salaries and wages, power costs, costs of chemicals and supplies, proper allowances for maintenance, depreciation, overhead and office expense. (Ord. 592, 9-16-75)

8-3-17: INDUSTRIAL WASTE CHARGES; ADJUSTMENTS 1 :

   A.   Formula:

      1.   The formula shown below is the method that will be used to determine the equitable industrial waste charge for the transportation and treatment of industrial waste. The costs associated with transportation include the unamortized costs of existing facilities (as represented by the outstanding debt), new facility construction costs (exclusive of funds that do not have to be repaid), operation and maintenance costs (including repair and replacement costs), and any other costs borne by the City (i.e., site acquisition, easement costs, administrative costs, etc.). Treatment costs will be determined by adding the cost of treatment of the waste in question as submitted to the City by the LRGVPCA to an equitable service charge to be determined by the City.

      2.   The total cost to be charged to the industrial waste discharger per one thousand (1,000) gallons of sewage shall be computed by application of the following formula:

A charge per one thousand (1,000) gallons of industrial waste assessed by the LRGVPCA, divided by sixty eight (68), then multiplied by one hundred (100), equals the total amount per one thousand (1,000) gallons of industrial waste to be charged to the industrial waste discharger.

Example: If LRGVPCAs charge per 1,000 gallons of industrial waste is 23.8¢, then:

23.8¢ ÷ 68 x 100 = amount to be charged industrial waste discharger;

   or

2.38 ÷ 68 = .0035 x 100 = $0.35 the total charge to industrial waste discharger

      3.   The effect of the application of such formula shall be that the total cost to the City of LRGVPCA treatment of industrial waste represent sixty eight percent (68%) of the total charged to the industrial waste discharger and the City will receive thirty two percent (32%) of such total sum to cover its costs and services rendered. (Ord. 623, 3-15-77)

   B.   Adjustment of Charges:

      1.   The City shall adjust charges at least annually to reflect the changes in the characteristics of wastewater based on the results of sampling and testing as well as sampling and testing of the LRGVPCA.

      2.   Increases in charges shall be retroactive for two (2) billing periods and shall continue for six (6) billing periods unless subsequent tests determine that the charge should be further increased.

      3.   The City and the LRGVPCA shall review at least annually the basis for determining charges and shall adjust the unit treatment cost in the formula to reflect the increases or decreases in wastewater treatment costs based on the previous year's experience by the LRGVPCA.

   C.   Billing: The City shall bill the discharger by the month and shall show industrial waste charges as a separate item on the regular bill of water and sewer charges. The discharger shall pay monthly in accordance with practices existing for payment of sewer charges 2 . (Ord. 579, 6-7-74)

 

Notes

1	1. See also subsection 8-5-2B of this Title.
2	1. See Section 8-5-2 of this Title.

8-3-18: CONTINUATION OF PRIOR USE:

A person discharging industrial wastes into public sewers prior to the effective date hereof may continue without penalty so long as he:

   A.   Does not increase the quantity or quality of discharge, without permission of the approving authority;

   B.   Has discharged the industrial waste at least six (6) months prior to the effective date hereof; and

   C.   Applies for and is granted a permit no later than ninety (90) days after the effective date hereof. (Ord. 579, 6-7-74)

8-3-19: DISCHARGE PERMITS AND QUALIFICATIONS:

   A.   Continuance of Discharge: The City may grant a permit to discharge to persons meeting all requirements of the saving clause; provided, that the person:

      1.   Submit an application within thirty (30) days after the effective date hereof on forms supplied by the approving authority (see Attachment 2 to Ordinance 592, on file in the office of the City Secretary).

      2.   Secure approval by the approving authority and/or LRGVPCA of plans and specifications for pretreatment facilities when required; and

      3.   Has complied with all requirements for agreements or arrangements, including but not limited to provisions for:

         a.   Payments of charges;

         b.   Installation and operation of pretreatment facilities; and

         c.   Sampling and analysis to determine quantity and strength; and

      4.   Provides a sampling point subject to the provisions of this Chapter and approval of the approving authority.

   B.   New Discharge Permit: A person applying for a new discharge shall:

      1.   Meet all conditions of subsection A of this Section; and

      2.   Secure a permit prior to discharging any waste. (Ord. 579, 6-7-74)

8-3-20: RIGHT OF ENTRY:

   A.   Right of Entry: The Director of Public Works and other duly authorized employees of the City bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this Chapter.

   B.   Observance of Rules and Regulations: Anyone acting under this authority shall observe the establishment's rules and regulations concerning safety, internal security and fire protection.

   C.   Indemnification: Except when caused by negligence or failure of the company to maintain safe conditions, the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the sampling operation.

   D.   Negotiated Easements: The Director of Public Works and other duly authorized employees of the City bearing proper credentials and identification are entitled to enter all private properties through which the City holds a negotiated easement for the purposes of:

      1.   Inspection, observation, measurement, sampling or repair;

      2.   Maintenance of any portion of the sewerage system lying within the easements; and

      3.   Conducting any other authorized activity. All activities shall be conducted in full accordance with the terms of the negotiated easement pertaining to the private property involved.

   E.   Confidential Processes: No person acting under authority of this provision may inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having direct bearing on the kind and source of discharge to the public sewers. (Ord. 579, 6-7-74)

8-3-21: AUTHORITY TO DISCONNECT SERVICE:

   A.   The City may terminate water and wastewater disposal service and disconnect an industrial customer from the system when:

      1.   Acids or chemicals damaging the sewer lines or treatment process are released to the sewer causing rapid deterioration of these structures or interfering with the proper conveyance and treatment of wastewater;

      2.   A governmental agency informs the City that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse and it is found that the customer is delivering wastewater to the City's system that cannot be sufficiently treated or requires treatment that is not provided by the City as normal domestic treatment; or

      3.   The industrial customer:

         a.   Discharges industrial wastes or wastewater that is in violation of the permit issued by the approving authority;

         b.   Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;

         c.   Fails to pay monthly bills for water and sanitary sewer services when due 1 ; or

         d.   Repeats a discharge of prohibited wastes to public sewers.

   B.   If the service is disconnected pursuant to subsection A2 of this Section, the City shall:

      1.   Disconnect the customer;

      2.   Supply the customer with the governmental agency's report and provide the customer with all pertinent information; and

      3.   Continue disconnection until such time as the industrial customer provides additional pretreatment or other facilities designed to remove the objectionable characteristics from his industrial wastes. (Ord. 579, 6-7-74)

 

Notes

1	1. See Chapter 5 of this Title for payment provisions.