Loading...
The delivery of reclaimed water by the city and the acceptance and use of the reclaimed water by the user is not a transfer or an acquisition by the user of a water right or an ownership interest in any of the offsite facilities.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The city may allow for the transport of reclaimed water from its wastewater treatment facilities by a permitted vehicle to an approved use area.
(b) Reclaimed water shall be made available for transport by vehicle only under the terms and conditions provided herein and only to such persons as are duly permitted by the city as distributors as provided in this section.
(c) The city shall not be obligated to provide such reclaimed water to distributors and may discontinue such service at any time, or limit the volume of reclaimed water provided and amend loading procedures and/or locations.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A reclaimed water transportation permit is required to transport reclaimed water from a city facility to an approved use.
(b) No reclaimed water transportation permit shall be issued except upon application filed with the water department.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
A person must make an application for a reclaimed water transportation permit and shall submit the following with the application:
(a) A photocopy of the applicant’s valid driver’s license and photocopies of valid driver’s license for every proposed driver of the reclaimed water transportation vehicles. If drivers are later hired or approved by the applicant/user, the applicant/user must submit photocopies of a valid driver’s license for each new person hired or approved prior to that person transporting reclaimed water;
(b) Sufficient evidence that vehicles to be permitted, are insured in at least the minimum amounts as required by state law, or are self-insured as provided by state law to secure payment of all lawful and proper claims arising out of the operation of each vehicle. The insurance shall provide for at least a 30-day prior cancellation notice to the director. A written statement from an authorized agent of the applicant’s insurance carrier verifying the issuance of such insurance shall be filed with the director before a permit is issued;
(c) Proof of registration and good standing with the Texas Secretary of State; and
(d) Any additional information requested by the director.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Before a permit is issued, each vehicle must satisfactorily pass city inspection and meet the following requirements:
(1) The business name, telephone number and address of applicant shall be permanently displayed on both sides of the vehicle in letters of a minimum height of three inches, in a color contrasting to their background. An address is sufficient if it states city and state. If the applicant’s business is not within municipality, the name of the county and state will be sufficient;
(2) The vehicle shall display current state vehicle registration tags and inspection certificate; and
(3) The vehicle shall be clean and odor free.
(b) Each container unit to be used for the transportation of reclaimed water shall be separately permitted and must meet the following requirements:
(1) Container units or tanks shall have a minimum capacity of 1,000 gallons, shall be capable of being closed water tight and shall be so closed during transport of reclaimed water; and shall be maintained in a leak-proof condition. Special permits may be issued for container units with a capacity of less than 1,000 gallons upon the determination by the director that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety; and
(2) Container units shall be identified by labels or signs such as “CAUTION - RECLAIMED WATER DO NOT DRINK” in English and Spanish. Labels or signs shall be placed so that they can be seen readily by all operations personnel using the vehicle and container unit.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The permit holder may request a modification to the permit during the permit year to register additional vehicles or container units. A request to register additional vehicles or container units shall be made to the director and at a minimum the permit holder shall:
(1) Ensure that all vehicles or container units meet the requirements of § 35-194;
(2) Provide proof of liability insurance or self insurance for such additional vehicles in accordance with § 35-194(b); and
(3) Pay a permit fee for each additional container unit in an amount set by the city council.
(b) A permit modification may not extend the term of the original permit.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) Upon the issuance of a permit(s), the permit must be attached and clearly displayed in a secure and prominent place upon each vehicle and/or container unit for which the permit is issued.
(b) A permit shall be valid for one year from the date of its issuance, unless the permit is suspended or revoked as provided for in this article.
(c) A permit may not be transferred.
(d) The city council shall establish an annual fee for the vehicle and container unit permits.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) The director may deny the issuance of a permit if:
(1) The applicant, a partner of the applicant, a principal in the applicant’s business, or applicant’s manager or operator has:
a. Within the five years preceding the date of the application been convicted of a misdemeanor that is punishable by confinement and/or by a fine exceeding $2,000 and which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste; and/or
b. Been convicted of a felony which relates directly to the duty or responsibility of transporting reclaimed water or liquid waste.
(2) The applicant fails to provide evidence of liability insurance or self insurance as required by this article;
(3) The applicant had a permit, that was issued under this article, suspended or revoked within the 12 months preceding the date of the application;
(4) The application contains a false statement;
(5) The application or required information is incomplete;
(6) The applicant’s vehicles or container units submitted for inspection do not meet the criteria of § 35-194;
(7) The applicant has not registered his or her business with the Texas Secretary of State or is not in good standing;
(8) The applicant has not shown proof that the applicant and the applicant’s drivers are qualified under this article; or
(9) The applicant has violated a provision of this article within the preceding 12 months.
(b) An applicant whose permit is denied will be notified by the director, in writing, of the denial and the grounds therefore. Such notice will be sent certified mail, return receipt requested, to the mailing address listed on the application.
(c) An applicant whose permit is denied may request a hearing for reconsideration in accordance with § 35-203, provided such request is made within 15 calendar days of the issuance of the written notice of denial.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
Loading...