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(A) Other sections of the city code dealing with cross connections, items pertaining to safeguarding the water supply, waste traps, and items safeguarding the sanitary system remain applicable.
(B) Compliance with this chapter does not exempt or excuse a person from complying with provisions of the Texas Water Quality Act and its amendments, the Clean Water Act and its amendments, or the requirements of any applicable waste discharge permit, order, rule or regulation issued by the Texas Water Commission and/or the Environmental Protection Agency.
(C) No section or division in this chapter shall preclude any agreement between the director and any person to discharge wastewater, which complies with the objectives of this chapter, for treatment by the city. Said agreements shall provide for reimbursement to the city for any expenses incurred in the treatment and disposal of such wastewater.
(Ord. 041718, passed 4-17-2018)
The city may adopt reasonable fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:
(A) Fees for wastewater discharge permit applications including the cost of processing such applications;
(B) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user's discharge, and reviewing monitoring reports submitted by users;
(C) Fees for reviewing and responding to accidental discharge procedures and construction;
(D) Fees for filing appeals; and
(E) Other fees as to the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines, and penalties chargeable by the city.
(Ord. 041718, passed 4-17-2018)
(A) Persons generating abnormal industrial waste may discharge the waste into the sanitary sewer provided:
(1) The waste will not cause interference;
(2) The waste will not endanger or be harmful to the operating personnel of the sewer system;
(3) The waste will not cause damage to the collection system;
(4) The waste will not impair the treatment processes;
(5) The waste will not affect sludge quality and/or require modifications in sludge disposal practices;
(6) The waste will not have an affect on receiving water quality;
(7) The discharge is in compliance with all limitations and requirements in this chapter;
(8) The waste shall be assessed a surcharge for any abnormal levels of BOD or TOC, TSS and FOG or TPH. There shall be one surcharge rate for BOD, TOC, FOG, or TPH, and a separate rate for TSS; and
(9) All required permits are in force and approval in writing has been given by the director for any waivers or special agreements.
(B) (1) Computation of the surcharge for the abnormal industrial waste shall be based on the following formulas:
S = V (8.34 [X (BOD/TOC-220 + Y (TSS-220) + Z (FOG-100) + Z (TPH-20)].
S = Surcharge in dollars that will appear on the customer's monthly bill.
V = Volume of wastewater discharge from user, in millions of gallons. This volume may be calculated from discharge meter or by a percentage of water consumption, as determined by the director.
8.34 = Pounds per gallon of water.
X = Unit charge in dollars per pound of BOD or TOC ($0.13).
BOD = BOD strength in milligrams per liter (mg/l).
TOC = Total organic carbon strength in milligrams per liter (mg/l).
220 = Normal BOD/TOC strength in milligrams per liter (mg/l).
Y = Unit charge in dollars per pound for TSS ($0.10).
TSS = Total suspended solids concentration in milligrams per liter (mg/l).
220 = Normal TSS concentration in milligrams per liter (mg/l).
Z = Unit charge in dollars per pound for FOG and TPH ($0.25).
FOG = Fats, oil, and grease concentration in milligrams per liter (mg/l).
TPH - Total petroleum hydrocarbons in mg/l.
100 = Normal FOG concentration in mg/l.
20 = Normal TPH concentration in mg/l.
X, Y, and Z values shall be set by the city council from time to time.
(2) If the strength or concentration for BOD, TOC, TSS, FOG or TPH is less than the normal strength for that category, there shall be no surcharge for that category, nor shall there be a credit given to the total surcharge if the strength or concentration of all three categories is less than the normal. Surcharges payable under this division shall become due monthly after the effective date of the surcharge.
(3) All BOD, TOC, FOG, TPH and TSS values in determining the surcharge shall be reevaluated and adjusted to reflect any changes in wastewater characteristics as sampling results deem it necessary.
(Ord. 041718, passed 4-17-2018)
The inspectors, agents, and representatives of the city charged with the enforcement of this chapter shall be deemed to be performing a governmental function for the benefit of the general public, and neither the city, the director, nor the individual inspector, agent or representative shall ever be held liable for any loss or damage, whether real or asserted, caused or alleged to have been caused as a result of the performance of such governmental function.
(Ord. 041718, passed 4-17-2018)
(A) A person who continues prohibited discharge is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $200.00 for each act of violation and for each day of violation.
(B) In addition to proceeding under authority of division (A) of this section, the city is entitled to pursue all other criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person continuing prohibited discharge.
(C) In addition to sanctions provided for by this chapter, the city is entitled to exercise sanctions provided by other sections of this code as well as city ordinance for failure to pay the bill for water and sanitary sewer service when due.
(D) Penalty for criminal mischief. The city may pursue all criminal and civil remedies to which it is entitled under authority of statutes and ordinances against a person who negligently, willfully, or maliciously causes loss by tampering with or destroying public sewers or treatment facilities.
(Ord. 041718, passed 4-17-2018)