§ 51.096 INDUSTRIAL WASTES.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABNORMAL SEWAGE. Any industrial waste having a suspended solids or B.O.D. content in excess of that found in normal sewage but which is otherwise acceptable into a public sewer under the terms of this section.
   ABNORMAL SEWAGE PERMIT. A permit approved by and received from the Director permitting the discharge or deposit of abnormal sewage into a sanitary sewer upon payment of a surcharge.
   ABNORMAL SEWAGE SURCHARGE. The charge levied against any person for services rendered during treatment of abnormal sanitary sewage or waste. This charge is intended to partially defray the added cost of transporting and treating abnormal sewage or waste. This charge shall be in addition to the usual monthly charge for sanitary sewerage service.
   BIOCHEMICAL OXYGEN DEMAND (B.O.D.). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure as specified in Standard Methods in five days at 20° centigrade expressed as parts per million by weight (milligrams per liter).
   BIOCHEMICAL OXYGEN DEMAND (B.O.D.) STRENGTH INDEX. The measure of the biochemical oxygen demand content of sewage in parts per million (milligrams per liter).
   COOLING WATER. The water discharged from any system of condensation such as air conditioning, cooling or refrigeration. Cooling water shall not be discharged into any public sewer unless it is unpolluted and below 150° fahrenheit.
   DIRECTOR. The Superintendent of the Whitesboro Water Works Department, or his or her authorized representative.
   GARBAGE. Solid waste from domestic or commercial preparation, cooking or dispensing of food or from the handling, storage and sale of produce.
   INDUSTRIAL WASTE. Any and all liquid or waterborne waste from industrial or commercial processes and does not include domestic sewage.
   INDUSTRIAL WASTE PERMIT. A permit to deposit or discharge industrial waste into any sanitary sewer in the city.
   NORMAL SEWAGE. Sewage which, when analyzed, shows by weight a daily average of not more than 2,500 pounds per million gallons (300 parts per million) of suspended solids and not more than 2,500 pounds per million gallons (300 parts per million) of B.O.D., and which is otherwise acceptable into a public sewer under the terms of this section.
   OWNER or OCCUPANT. The person, firm or public or private corporation using the lot, parcel of land, building or premises connected to and discharging sewage, industrial wastewater or liquid into the sanitary sewage system of the city, and who pays, or is legally responsible for the payment of, water rates or charges made against the lot, parcel of land, building or premises, if connected to the water distribution system of the city, or who would pay or be legally responsible for such payment if so connected.
   PERSON. Any individual, business entity, partnership, corporation, governmental agency or political subdivision.
   pH. The logarithm of the reciprocal of the weight of hydrogen ions, in grams per liter of solution, measured and calculated in accordance with Standard Methods.
   POLLUTED WATER OR WASTE. Any water or liquid waste containing any of the following: phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension, colloidal state or solution; noxious or odorous gases; more than 1,000 parts per million, by weight, of dissolved solids, of which more than 500 parts per million are chloride; more than 20 parts per million each of suspended solids and/or B.O.D.; color exceeding “objectionable limit” or having a pH value of less than 5.5 or more than 10.0; and/or any water or waste not approved for discharge into a stream or waterway by the appropriate state authority.
   PROPERLY SHREDDED GARBAGE. Garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewer, with no particle greater than ½-inch in any dimension.
   PUBLIC SEWER. Any publicly owned sanitary sewer, storm drain or water course.
   SANITARY SEWER. A public owned pipe or conduit designed to collect and transport industrial waste and domestic sewage.
   SEWAGE TREATMENT PLANT. Any arrangement of devices or structures used for treating sewage.
   STANDARD METHODS. Standard Methods for the Examination of Water and Wastewater prepared and published jointly by the American Public Health Association, American Waterworks Association and the Water Pollution Control Federation.
   STRENGTH INDEX. Both the biochemical oxygen demand index and the suspended solids strength index.
   SUSPENDED SOLIDS (S.S.). Solids that either float on the surface of, or in suspension in, water, sewage or other liquid and which are removable by laboratory filtering.
   SUSPENDED SOLIDS (S.S.) STRENGTH INDEX. The measure of the suspended solids content of sewage in parts per million (milligrams per liter).
   UNPOLLUTED WATER OR WASTE. Any water or liquid waste containing none of the following: phenols or other substances to an extent imparting taste and odor in receiving waters; toxic or poisonous substances in suspension colloidal state or solution; noxious or odorous gases; not more than 1,000 parts per million, by weight, of dissolved solids, of which not more than 500 parts per million are chloride; not more than 20 parts per million each of suspended solids and B.O.D.; color not exceeding “objectionable limit,” nor a pH value of less than 5.5 nor higher than 10.0; and/or any water or waste approved for discharge into a stream or waterway by the appropriate state authority.
   WASTEWATER. Water that has been used by and discharged from an industry, commercial enterprise, household or other water consumer, which water may be either polluted or unpolluted.
   (B)   Certain waste prohibited in public sewers.
      (1)   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.
      (2)   No person shall discharge or cause to be discharged any storm water, ground water, roof runoff, subsurface drainage, or drainage from down spouts, yard drains, yard fountains and ponds, or lawn sprays into any sanitary sewer, except as provided by city ordinances. 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 five 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 section.
      (3)   No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters or waste:
         (a)   Any liquid or vapor having a temperature higher than 150° fahrenheit (65° celsius).
         (b)   Any water or waste which contains wax, grease or oil, plastic or other substance that will solidify or become discernibly viscous at temperatures between 32° to 150° fahrenheit.
         (c)   Flammable or explosive liquid, solid or gas, such as gasoline, kerosene, benzene, naphtha, and the like.
         (d)   Solid or viscous substances in quantities capable of causing obstruction in the flow in sewers or other interference with proper operation of the sewage works, such as but not limited to 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.
         (e)   Any garbage that has not been properly comminuted or shredded. If properly comminuted or shredded, then it may be accepted as suitably pretreated.
         (f)   Any noxious or malodorous substances which can form a gas which, either singly or by interaction with other wastes, is capable of causing objectionable odors or hazards to life or form solids in concentration exceeding limits established in this section, or creates any other condition deleterious to structures or treatment processes, or requires unusual provisions, attentions or expense to handle such material. Any toxic or poisonous substances as defined by the Texas Water Quality Board.
      (4)   No person shall discharge or cause to be discharged into any public sewer any of the following, except in quantities or concentrations, or with provisions as stipulated herein:
         (a)   Free or emulsified oil and grease exceeding 100 parts per million (834 pounds per million gallons) of either or both, or combinations of free or emulsified oil and grease.
         (b)   Acids or alkalis which attack or corrode sewers or sewage disposal structures or have a pH value lower than 5.5 or higher than 10.0.
         (c)   Salts of a heavy metal and/or other toxic material in concentrations exceeding those established by the Texas Water Quality Board as effluent limitations including but not limited to the following:
            Cadmium as Cd   -   0.02 Parts per million
            Chromium as Cr   -   3 parts per million
            Copper as Cu   -      1 part per million
            Nickel as Ni      -   1 part per million
            Zinc as Zn      -   5 parts per million
            or elements which will damage collection facilities or are detrimental to treatment processes.
         (d)   Cyanide or cyanogen compounds in excess of 2.0 parts per million by weight as Cn.
         (e)   Any water or waste that contains more than 10 parts per million of the following gases: hydrogen sulfide, sulfur dioxide or nitrous oxide.
         (f)   Radioactive materials, in the absence of a specific permit issued by the Director for the discharge of such waste.
   (C)   Special procedures relating to industrial waste.
      (1)   Permits. From and after 90 days after the effective date hereof, it shall be unlawful for any person to deposit or discharge industrial waste into any sanitary sewer in the city without having first obtained an industrial waste permit from the city and having complied with all of the applicable provisions hereof. Within 90 days after the effective date hereof, any person desiring to deposit or discharge, or who is now depositing or discharging industrial waste into any sanitary sewer in the city shall make application to the city for a permit. Application forms will be furnished by the city on request. The city shall refer all such applications to the Director for his or her approval or disapproval. The Director shall approve such applications and grant an industrial waste permit only when the evidence submitted by the applicant demonstrates that the waste or wastewater to be deposited by the applicant in the sanitary sewer will comply with all the regulations of this section.
      (2)   Structures required. Within 180 days after the effective date hereof, any person discharging industrial waste into a sanitary sewer in the city shall construct a suitable control manhole, downstream from any treatment or storage tanks or other approved works utilized by such person for pretreatment, such control manhole to be for the purpose of facilitating observations, measurements and sampling of all waste created and discharged by such person. The control manhole shall be constructed at a location and in a manner approved by the Director. The control manhole shall be constructed and installed at the expense of the person discharging the waste, and it shall be maintained at the expense of such person at all times be maintained at the expense of operating condition.
      (3)   Disconnection. If any person depositing or discharging industrial waste into the sanitary sewer fails to secure an industrial waste permit within the time prescribed herein or if any person allows or causes waste or unacceptable quality under the requirements of this section to be discharged into any sanitary sewer in the city, the Director is authorized, if such person is using city water, to disconnect such person’s service line from the city water system and/or the city sanitary sewer system and the same shall only be reconnected at the owner’s expense. If such person does not use city water, the Director is authorized to disconnect such person’s service line from the city’s sanitary sewer system and the same shall only be reconnected at the owner’s expense. The Director shall notify the occupant or user of the premises where the waste is generated 24 hours before disconnecting the service line. No sanitary sewer connection or water connection disconnected hereunder shall be reconnected until the condition causing the disconnection has been corrected.
      (4)   Inspection. The inspectors, agents or representatives of the city charged with the enforcement of this section of the section 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. The owners or occupants of premises where industrial waste is created or discharged into the sanitary sewer shall allow the Director, his or her inspectors, agents or representatives free access at all reasonable times to all parts of such premises for the purpose of inspection or sampling or the performance of any of their duties hereunder, and the failure or refusal of such owners or occupant to comply with this provision shall be ground for the disconnection of water and/or sewer service.
      (5)   Measurement of flow.
         (a)   The volume of flow used in computing abnormal sewage surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the Water Department. In the event that a person discharging waste into the city’s sanitary sewer system produces evidence to the Director demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the city’s sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the Director.
         (b)   Any person discharging industrial waste into the sanitary sewers of the city who procures any part or all of his or her water supply from sources other than the Water Department all or part of which is discharged into the sanitary sewer shall install and maintain at his or her expense water meters of the type approved by the Director for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the Director. Where it can be shown to the satisfaction of the Director that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the sanitary sewer system of the city, then the Director may require or permit the installation of additional meters at the owners expense in such manner as to measure the quantity of water actually entering the sanitary sewerage system from the lot, parcel of land, building or premises of such owner or occupant, and the quantity of water used to determine the sewer service charge and abnormal sewage surcharge may be the quantity of water actually entering the sewerage system as so determined, if the Director so elects.
         (c)   If the Director finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he or she shall determine the quantity or quality of the waste in any manner or method he or she may find practicable in order to arrive at the percentage of water entering the sanitary sewerage system of the city and/or the quality of the sewage to be used to determine the sewer service charge and surcharge.
      (6)   Determining the character and concentration of waste. The industrial waste discharged or deposited into the sanitary sewers shall be subject to periodic inspection and sampling as often as may be deemed necessary by the Director. Samples shall be collected in such manner as to be representative of the character and concentration of the waste under operational conditions. The laboratory methods used in the examination of such waste shall be those set forth in the Standard Methods. The determination of the character and concentration of industrial waste shall be made by the Director at such times and on such schedules as may be established by the Director. Should an owner or occupant discharging industrial waste to the sanitary sewers desire a determination of the quality of such industrial waste be made at some time other than that scheduled by the Director, such special determination may be made by the Director, at the expense of the owner or occupant discharging the waste.
   (D)   Pretreatment and surcharge.
      (1)   Pretreatment. Owners or occupants, or any other person generating waste prohibited from discharge into public sewers by the foregoing shall pretreat or otherwise dispose of such prohibited waste so as to make the waste discharged to the public sewer acceptable under the standards established in this chapter.
      (2)   Abnormal sewage surcharge. Persons generating abnormal sewage may discharge such sewage into the sanitary sewer provided the waste will not cause damage to the collection system, the waste will not impair the treatment processes, and the person discharging such waste pays a monthly surcharge to the Water Department in addition to the usual monthly sewer service charges. Computations of such surcharges shall be based on a formula to be determined by the city. If the strength index for either B.O.D. or S.S. is less than the normal strength index for that category, then there shall be no surcharge for that category, nor shall there be credit given to the total surcharge.
      (3)   Drawings and plans. It shall be the responsibility of any person, owner or occupant discharging waste into the sanitary sewerage system of the city to furnish the Director with drawings or plans and specifications in such detail as he or she may require to determine if the pretreatment structure planned by such persons, or in use by such person, is suitable for the purpose intended. However, the approval of such plans by the Director will in on way relieve such person of the responsibility for modifying the structure once constructed as necessary to produce an effluent acceptable to the Director under the terms of this section.
   (E)   Waste from acid sinks. Drains receiving acid waste shall be constructed of any acid-resisting material. Such drains located outside of a building shall be constructed of vitrified clay or earthenware pipe or other approved acid-resisting material. Joints shall be constructed in accordance with Standard Methods in such manner as to secure tight joints. In no case shall corrosive waste be discharged into a drain, sanitary sewer, storm sewer or soil or waste pipe without being first diluted or neutralized in such manner as to render such wastes noncorrosive. These wastes shall be treated by passing through a properly trapped dilution or neutralizing catch basin which shall function automatically.
(Ord. 495, passed 6-26-73) Penalty, see § 10.99
Statutory reference:
   Authority to regulate waste discharges and require pretreatment, see Tex. Water Code §§ 26.176 and 26.177