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(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)
A person who has been issued a permit by the director shall comply with the following.
(a) A permit holder shall immediately notify the director of any management changes in the business during the time the permit is in effect, and shall provide the director with a photocopy of the new manager’s or chief operating officer’s driver’s license;
(b) A transporter shall deliver reclaimed water only to users that have been approved by the director and that have a reclaimed water service agreement on file with the city;
(c) The permit holder shall maintain insurance required by § 35-193 and immediately notify the director of any changes in its insurance carrier or policy, and insured status or self-insured status;
(d) The permit holder shall maintain all vehicles and container units registered under the permit in compliance with the requirements of § 35-194;
(e) The permit holder shall notify the director within three business days when it sells or otherwise disposes of a vehicle or container unit registered under the permit;
(f) A permit holder shall ensure that all of the permit holder’s employees collecting and transporting reclaimed water in vehicles and container units registered under the permit remain sufficiently knowledgeable of such vehicles and container units, and of the reclaimed water user locations they service, so that they are able to collect and transport reclaimed water in a safe and competent manner; and
(g) The permit holder shall ensure that none of the vehicles registered under a permit exceed state weight limits while transporting reclaimed water.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
(a) A transporter shall not transport reclaimed water in a manner or in a container unit or vehicle which would allow for any spillage or leakage of reclaimed water.
(b) A transporter shall not operate for the transportation of reclaimed water a vehicle or use container units that fail to meet the requirements of § 35-194.
(c) A transporter shall deliver reclaimed water only to users that have been approved by the director through a reclaimed water service agreement.
(d) A transporter shall not commingle reclaimed water with any other liquid or waste, including any other sources of non-potable water.
(e) All container units used to transport any other liquid or waste, including other sources of nonpotable water, shall be cleaned and disinfected prior to being used to transport reclaimed water. Required cleaning and disinfection procedures will be provided by the director. Any deviation from the required procedures must be approved in writing by the director.
(f) A transporter shall insure that reclaimed water is delivered to the approved user immediately but not later than 12 hours following receipt of the reclaimed water from the city.
(g) A transporter shall not discharge reclaimed water into a storm drain or the storm sewer system, or into any ponds, streams or rivers.
(h) Any excess reclaimed water shall be disposed of by discharging to a wastewater treatment system or wastewater collection system in compliance with all applicable permits or laws for such treatment or collection systems.
(i) A transporter shall allow the director and any authorized peace officer to inspect vehicles and container units registered under a permit, upon request.
(j) A transporter shall allow the director and any peace officer to obtain samples of reclaimed water from the transporter’s container units, upon their request.
(k) A transporter operating under a city permit shall use a manifest system book consisting of four-part trip tickets, purchased from the director for a fee established by the city council, in the following manner:
(1) Each manifest system book shall be used exclusively for a single vehicle;
(2) A transporter will complete one trip ticket for each individual delivery;
(3) The transporter shall sign the original part of a trip ticket and request the wastewater treatment plant supervisor, or his or her designee, to do the same at the time of reclaimed water collection. The transporter shall leave the first copy (yellow) of the trip ticket with the wastewater treatment plant supervisor;
(4) The transporter shall have the user sign the original part of the trip ticket at the time the reclaimed water is delivered, and shall leave the second copy (pink) of the trip ticket with the user;
(5) The transporter shall retain the third copy (green) of the trip ticket for the transporter’s own records;
(6) The transporter shall deliver to the director all completed original trip tickets no later than the tenth day of the month following the month in which they were completed; and
(7) The transporter shall retain its copies of all trip tickets for a period of five years, and shall make such copies available to the director, upon request, for inspection at all reasonable times.
(Ord. 19543-02-2011, § 1, passed 2-8-2011)
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