ARTICLE 13.04 INDUSTRIAL WASTES*

Division 1. Generally

Sec. 13.04.001     Definitions

For the purpose of interpreting this article, certain terms used herein are defined as follows:

Approving authority. Those departments, divisions or personnel of the city whose duties include applying and enforcing this article.

City. The city, together with all its governing and operating bodies.

Commercial wastes. Waterborne wastes discharged from commercial enterprises solely as a result of activities which can be considered normal domestic activities even though they occur at the commercial enterprise.

Domestic wastes. Waterborne wastes discharged from households as a result of normal domestic activities and discharged through normal domestic plumbing systems.

Industrial waste discharge application or application. The form contained herein whose completion and approval by the approving authority is required before industrial wastes can be discharged into the sewer system.

Industrial waste discharge permit or permit. The industrial waste discharge application, when properly filled out and signed by the approving authority, represents the industrial waste discharge permit for the industry so applying.

Industrial waste surcharge. An additional charge applied to industrial wastes which have a BOD (five-day, twenty-degree centigrade biochemical oxygen demand, Standard Methods) greater than three hundred (300) milligrams per liter and/or a suspended solids concentration (Standard Methods) greater than three hundred (300) milligrams per liter.

Industrial wastes. Any wastes other than domestic or commercial wastes.

Permit amendment application. The same form as used for the original application can be used to apply for approval of changes in the original permit conditions.

Permittee. That person applying for an industrial waste discharge permit to discharge industrial waste into the city’s sewer system under the regulations of this article.

Pretreatment. Any treatment processes, operations and facilities which are applied to a waste before it is discharged into a public sanitary sewer for the purpose of improving the quality of the waste.

Properly shredded garbage. Garbage refers to solid waste from domestic, industrial or commercial preparation, cooking or dispensing of food or from the handling, storage and sale of produce. Properly shredded garbage refers to garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sanitary sewage, with no particle greater than one-half inch in any dimension.

Public sanitary sewer. A publicly owned pipe or conduit designed to collect domestic waste, domestic type commercial waste, and industrial waste and transport these wastes to the city’s sewage treatment plant(s).

Required structures. Control manholes and flow measurement devices which may be required for wastes discharging into public sanitary sewers.

Sewer service charge. A base charge applied to all wastes discharging into public sanitary sewers calculated on the volume of waste flow during the billing period.

Sewerage or sewer system. All public sanitary sewers, along with their appurtenances, and all elements of the city’s sewage treatment plant(s).

Standard Methods. The book “Standard Methods for the Examination of Water and Wastewater,” American Public Health Association, American Waterworks Association, and the Water Environment Federation, latest edition available.

Waste. Any material that has been used by and discharged from an industry, commercial enterprise, household, or any other establishment, whether this material is carried by water or not.

(1978 Code, sec. 13-80)

Sec. 13.04.002     Penalty for violation

The violation of this article is hereby declared a misdemeanor offense punishable by a fine as provided in section 1.01.009 of this code. (Ordinance 502, sec. 1, adopted 2/9/88)

Sec. 13.04.003     Powers of approving authority

(a)     The approving authority, and other duly authorized employees of the city acting as its duly authorized agent and bearing credentials and identification, shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling and testing, in accordance with provisions of this article. The approving authority or his representative shall have no authority to inquire into any process beyond that point having direct bearing on the kind and source of discharge to the sewer.

(b)     While performing the necessary work on private properties under subsection (a) above, the approving authority or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the proprietor and the proprietor shall be held harmless for injury or death to the city employees and the city shall indemnify the proprietor against loss or damage to its property, to city employees and against liability claims and demands for personal injury or property damage asserted against the proprietor and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the proprietor to maintain safe conditions.

(c)     Any person found to be violating any provision of this article shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. Any person who shall continue any violation of this article shall be disconnected from the public sanitary sewer and/or water service. Such disconnection and reconnection shall be at the total expense of the sewer and/or water user.

(d)     Where wastes, acids, chemicals, or other deleterious substances are discharged to the sewer system causing rapid deterioration of these structures or interfering with the proper operation or performance of the sewer system, the approving authority is authorized to immediately terminate services by such measures as are necessary to protect the facilities.

(1978 Code, sec. 13-81)

Sec. 13.04.004     Compliance with building and plumbing codes

Domestic wastes and commercial wastes can be discharged into any public sanitary sewer agreeable to the approving authority as long as building and plumbing codes are complied with and the wastes do not violate any conditions set forth in division 2 of this article. (1978 Code, sec. 13-87)

Sec. 13.04.005     Conditions for discharge into public sanitary sewer

Industrial wastes cannot be discharged into any public sanitary sewer until all of the following requirements have been satisfied:

(1)     Review of the problem with the approving authority;

(2)     Completion of industrial waste discharge application and approval thereof by the approving authority;

(3)     Establishment of pretreatment necessary for the waste to comply with the conditions set forth in division 2 of this article;

(4)     Establishment of structures required.

(1978 Code, sec. 13-88)

Sec. 13.04.006     Pretreatment facilities

(a)     Persons generating wastes prohibited from discharge into public sanitary sewers by the conditions set forth in division 2 of this article shall pretreat or otherwise dispose of such prohibited wastes so that any wastes discharged into a public sanitary sewer comply with the conditions set forth in said division.

(b)     Special attention will be given to grease, oil and sand interceptors. These shall be provided for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwellings. All interceptors shall be of a type and capacity approved by the approving authority and shall be located as to be readily and easily accessible for easy cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be substantially constructed, watertight and equipped with easily removable covers which, when bolted in place, shall be gastight and watertight.

(c)     All pretreatment or disposal processes shall be maintained by the person generating or discharging the wastes at his expense, in continuously efficient operation at all times.

(1978 Code, sec. 13-89)

Sec. 13.04.007     Required structures and devices

(a)     Control manhole. Any person discharging industrial waste into a public sanitary sewer of 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 approving authority. 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 in a safe, acceptable and proper operating condition.

(b)     Flow measurement. The volume of flow used in computing sewer service charges and industrial waste surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the city. In the event that a person discharging waste into the city’s sewer system produces evidence to the approving authority demonstrating that a substantial portion of the total amount of water used for all purposes does not reach the sewer system, an estimated percentage of total water consumption to be used in computing charges may be established by the approving authority.

(c)     Meters. Any person discharging industrial waste into a public sanitary sewer who procures any part or all of his water supply from sources other than the city water department, all or part of which is discharged into a public sanitary sewer, shall install and maintain at his expense water meters of the type approved by the approving authority for the purpose of determining the proper volume of flow to be used in computing sewer service charges and industrial waste surcharges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the approving authority. Where it can be shown to the satisfaction of the approving authority that a substantial portion of the water as measured by the aforesaid meter, or meters, does not enter the sewer system of the city, then the approving authority may require or permit the installation of additional meters at the owner’s expense in such manner as to measure the quantity of water actually entering the said sewer 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 industrial waste surcharge may be the quantity of water actually entering the sewer system as so determined, if the approving authority so elects.

(d)     Other methods of measuring quantity and quality. If the approving authority finds that it is not practicable to measure the quantity or quality of waste by the aforesaid meters or monitoring devices, he shall determine the quantity or quality of the waste in any manner or method he may find practicable in order to arrive at the flow rate of waste entering the sewer system of the city and/or the quality of the waste to be used to determine the industrial waste surcharge.

(1978 Code, sec. 13-90)

Sec. 13.04.008     Determining character and concentration of wastes

Any waste discharged or deposited into a public sanitary sewer shall be subject to periodic inspection and sampling as often as may be deemed necessary by the approving authority. 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 said wastes shall be those set forth in Standard Methods, or by other widely accepted methods agreeable to the approving authority. The determination of the character and concentration of industrial waste shall be made by the approving authority. Should an owner or occupant discharging industrial waste to public sanitary sewers desire a determination of the quality of such industrial waste be made by the approving authority, special determination may be made by the approving authority at the expense of the owner or occupant discharging the waste. (1978 Code, sec. 13-91)

Secs. 13.04.009–13.04.040     Reserved

Division 2. Prohibited Discharges

Sec. 13.04.041     Certain wastes without approval

No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage, or drainage from downspouts, yard drains, yard fountains and ponds, lawn sprays, swimming pools, or any other surface or subsurface drainage into any public sanitary sewer, except as provided for by the approving authority. (1978 Code, sec. 13-82)

Sec. 13.04.042     Injurious wastes generally

No person shall discharge or cause to be discharged into a public sanitary sewer any waste which, in the opinion of the approving authority, will damage the sewer system or will adversely affect the operation or performance of the sewer system. (1978 Code, sec. 13-83)

Sec. 13.04.043     Injurious wastes specifically

Specifically, no person shall discharge or cause to be discharged into any public sanitary sewer any of the following described wastes:

(1)     Any liquid or vapor having a temperature higher than one hundred forty (140) degrees Fahrenheit (sixty (60) degrees centigrade), and/or waste which causes the temperature of the total treatment plant influent to increase at a rate of ten (10) degrees Fahrenheit or more per hour or a combined total increase to a plant influent temperature of one hundred five (105) degrees Fahrenheit;

(2)     Any waters or wastes which contain wax, grease or oil, plastic, or other substances that will solidify or become discernibly viscous at temperatures between thirty-two (32) degrees and one hundred forty (140) degrees Fahrenheit;

(3)     Any wastes which by themselves or by interaction with other substances may cause fire or explosion hazards, or in any other way be injurious to persons who will have access to the sewer system;

(4)     Solid or viscous substances in quantities capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewer system, such as 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;

(5)     Any garbage not within the definition of “properly shredded garbage” as defined herein;

(6)     Any noxious or malodorous substance which, either singly or by interaction with other wastes, is capable of causing objectionable odors; or hazard to life; or forms solids in concentration exceeding limits established in section 13.04.044; or creates any other condition deleterious to structures or operation of the sewer system; or requires unusual provisions, attention, or expense to handle such materials.

(1978 Code, sec. 13-84)

Sec. 13.04.044     Excess quantities of certain substances

No person shall discharge or cause to be discharged into any public sanitary sewer any waste containing the following substances, except within the quantities, concentrations, or limits stipulated below:

(1)     Free or emulsified oil and grease exceeding on analysis one hundred (100) milligrams per liter (eight hundred thirty-three (833) pounds per million gallons) of either or both or combination of free or emulsified oil and grease;

(2)     Acids or bases which have a corrosive property capable of causing damage or hazards to structures, operation, performance or personnel of the sewer system, or which have a pH lower than five and five-tenths (5.5) or higher than nine and five-tenths (9.5);

(3)     Heavy metals in solution or suspension in concentrations exceeding the following:

(A)     Chromium as Cr, 5.0 milligrams per liter (mg/l);

(B)     Arsenic as As, 0.05 mg/l;

(C)     Barium as Ba, 5.0 mg/l;

(D)     Boron as B, 1.0 mg/l;

(E)     Cadmium as Cd, 0.02 mg/l;

(F)     Copper as Cu, 1.0 mg/l;

(G)     Lead as Pb, 0.1 mg/l;

(H)     Manganese as Mn, 1.0 mg/l;

(I)     Mercury as Hg, 0.005 mg/l;

(J)     Nickel as Ni, 1.0 mg/l;

(K)     Selenium as Se, 0.02 mg/l;

(L)     Silver as Ag, 0.1 mg/l;

(M)     Zinc as Zn, 5.0 mg/l;

(4)     Cyanide or cyanogen compounds in excess of one (1.0) milligram per liter as CN;

(5)     Any water or waste that contains more than ten (10) milligrams per liter of the following gases: hydrogen sulfide, sulphur dioxide or nitrous oxide;

(6)     Phenols or phenolic compounds in excess of five thousandths (0.005) milligram per liter as phenol;

(7)     Any radioactivity as radium 226 and strontium 90 greater than three (3) uuc per liter and ten (10) uuc per liter, respectively. In the known absence of strontium 90 and alpha emitters, the known concentration shall not be greater than one thousand (1,000) uuc per liter;

(8)     Materials which exert or cause:

(A)     Unusual concentrations or compositions of solids;

(B)     Excessive discoloration or odor;

(C)     Unusual flow and concentration;

shall be pretreated to a concentration acceptable to the city water and sewer system if such wastes can cause damage to collection facilities, impair the processes, incur excessive treatment cost or render the water unfit for stream disposal or industrial use.

(1978 Code, sec. 13-85)

Sec. 13.04.045     Determination of values

The quantities, concentrations and ranges in sections 13.04.041 through 13.04.044 shall refer to maximum values observed or to values of samples composited over a length of time determined by the approving authority, but not to exceed twenty-four (24) hours. (1978 Code, sec. 13-86)

Secs. 13.04.046–13.04.080     Reserved

Division 3. Discharge Permit

Sec. 13.04.081     Required

It shall be unlawful for any person to discharge or cause to be discharged industrial waste into any public sanitary sewer of the city without having first obtained an industrial waste discharge permit from the city. (1978 Code, sec. 13-92)

Sec. 13.04.082     Application

(a)     Any person desiring to discharge any industrial waste or wastewater into any public sanitary sewer facilities of the city shall make application to the approving authority for a permit. Application forms will be furnished by the approving authority on request. The approving authority 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 discharged will comply with all of the regulations of this article.

(b)     No discharge will be allowed for any industrial waste or wastewater until the required pretreatment facilities for such waste or wastewater are completed and operating. Within sixty (60) days after initiation of discharge of the waste, these pretreatment facilities must be operating in such a manner that the industrial waste being discharged through them complies with the conditions set forth in division 2 of this article and in a manner that flow measurement can be made as described in sections 13.04.004 through 13.04.008 and 13.04.081.

(1978 Code, sec. 13-93)

Sec. 13.04.083     Application form

(a)     The following form represents the application required by section 13.04.082, and this form, when properly filled out and when signed by the approving authority, represents an industrial waste discharge permit.

(b)     It shall be the responsibility of the permittee to file a permit amendment application with the approving authority thirty (30) days prior to the change of any item of information on the permit. This amendment application will be on the same form as the original application and must be signed by the approving authority before the change will be allowed. This will represent an amended permit.

“INDUSTRIAL WASTE DISCHARGE APPLICATION

To the City of Slaton, Texas

The undersigned being the       (Permittee)       of the property located at                 does hereby request a permit to            (Install, Use)            an industrial waste discharge connection serving the            (Name of Proprietor or Company)            which firm is engaged in                                          at said location.

1.     A plat of the property showing accurately all sewers and drains (Exhibit A).

2.     A complete schedule of all process waters and raw industrial waste produced or expected to be produced before pretreatment (if any) at said property, including a description of the character of each waste, the daily volume and maximum rate of discharge and representative analysis of the raw waste (Exhibit B).

3.     Plans and specifications covering all pretreatment facilities for waste treatment proposed to be performed on the waste under this permit with a full description (laboratory analysis) of the character of the waste to be discharged to the public sewer, daily volume and maximum rate of discharge to the public sanitary sewer (Exhibit C).

4.     Plans and specifications of the grease, oil and sand interceptors, control manhole, and flow measurement structure (Exhibit D).

5.     To operate and maintain any waste pretreatment facilities which may be required as a condition of the acceptance into the public sanitary sewer of the industrial wastes involved, in an efficient manner at all times, and at no expense to the city.

6.     To cooperate with the Approving Authority and his representatives in their inspecting, sampling, and study of the industrial wastes and any facilities providing pretreatment.

7.     To notify the Approving Authority immediately in the event of any accident, negligence or other occurrence that occasions discharge to the sewer system any wastes or process waters not covered by this permit.

8.     To accept and abide by all provisions of this article, and of all pertinent ordinances or regulations that may be adopted in the future.

9.     To accept and pay when billed the sewer service charge and industrial wastes surcharge which is over and above the published water and sewer rates as set forth in the Industrial Waste Ordinance (Article 13.04 of Chapter 13, Code of Ordinances).

“Application Approved and Permit Granted:

(1978 Code, sec. 13-94)

Secs. 13.04.084–13.04.110     Reserved

Division 4. Industrial Waste Surcharge

Sec. 13.04.111     Formula

(a)     Persons discharging industrial waste under the conditions of an industrial waste discharge permit will be subject to an industrial waste surcharge over and above the regular sewer service charge. The basis for this surcharge is a capital and operating cost to the city in excess of the cost for treating domestic waste or domestic type commercial waste of the same volume. Computations of such surcharge shall be based on the following formula:

Commencing *, 15 percent of charges computed by formula.

Commencing **, 35 percent of charges computed by formula.

Commencing ***, 100 percent of charges computed by formula.

If the waste concentration of BOD or SS is less than the normal concentration for that category, then there shall be no surcharge for that category, nor shall there be credit given to the total surcharge.

(c)     Determination of BOD and SS for an industrial waste shall be as described in section 13.04.008. The above surcharge shall include the cost of sampling and analysis activities, scheduled by the approving authority, and no additional charges shall be made to persons discharging industrial wastes for sampling and analysis activities, unless the activities are requested by such persons and the activities are not scheduled by the approving authority. Flow-weighted averages of BOD and SS as derived from sampling results shall be used in the surcharge formula.

(d)     Industrial waste surcharge provided for in this section shall be included as a separate item on the regular bill for water and sewer charges and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the water, sewer and sanitation charges of the person become due and payment for water and sanitation services shall not be accepted without payment also of the industrial waste surcharge.

(1978 Code, sec. 13-95)

Sec. 13.04.112     Review of rates

The governing body shall at annual intervals, or whenever necessary, review the surcharge rates provided herein. (1978 Code, sec. 13-96)