Ord. 0443 08-23-82ORDINANCE NO. 443
AN ORDINANCE AMENDING ARTICLES III AND IV OF CHAPTER
30, OF THE CODE OF ORDINANCES OF THE CITY OF PEAR -
LAND, TEXAS, BY ADDING AND DELETING SPECIFIC SEC-
TIONS THERETO; PROVIDING FOR AN EFFECTIVE DATE AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
SECTION I
That Section 30-56 of Article III, Chapter 30,
entitled "Definitions", of the Code of Ordinances of the City
of Pearland, Texas, be and the same is hereby amended to
hereafter read as follows:
Section 30-56. Definitions.
Unless the context specifically indicates otherwise,
the meaning of the terms used in this article shall be as
follows:
(1) "APPROVING AUTHORITY" means the City Manager or his
duly authorized representative;
(2) "B.O.D." (Biochemical Oxygen Demand) means the
quantity of oxygen by weight, expressed in mg/1, utilized in
the biochemical oxidation of organic matter under standard
laboratory conditions for five (5) days at a temperature of
twenty (20) degrees centigrade;
(3) "BUILDING SEWER" means the extension from the
building drain to the public sewer or other place of disposal
(also called the house lateral and house connection);
(4) "CITY" means the City of Pearland, Texas, or any
authorized person acting in its behalf;
(5) "C.O.D." (Chemical Oxygen Demand) means measure of
the oxygen consuming capacity of inorganic and organic matter
present in the water or wastewater expressed in mg/1 as the
amount of oxygen consumed from a chemical oxidant in a specific
test, but not differentiating between stable and unstable
organic matter and thus not necessarily correlating with
biochemical oxygen demand;
(6) "CONTROL MANHOLE" means a manhole giving access to
a building sewer at some point before the building sewer
discharge mixes with other discharges in the public sewer;
(7) "CONTROL POINT" means point of access to a course
of discharge before the discharge mixes with other discharges
in the public sewer;
(8) "GARBAGE" means animal and vegetable wastes and
residue from preparation, cooking and dispensing of food; and
from the handling, processing, storage and sale of food
products and produce;
(9) "INDUSTRIAL WASTE" means waste resulting from any
process of industry, manufacturing, trade, or business or
from any development of any natural resource, or any mixture
of the waste with water or normal wastewater, or distinct
from normal wastewater;
(10) "INDUSTRIAL WASTE CHARGE" means the charge made on
those persons who discharge industrial wastes into the City's
sewerage system;
(11) "MILLIGRAMS PER LITER" (mg/1) means the same as
parts per million and is a weight -to -volume ratio; the
milligram -per -liter value multiplied by the factor 8.34 shall
be equivalent to pounds per million gallons of water;
(12) "NATURAL OUTLET" means any outlet into awatercourse,
ditch, lake, or other body of surface water or goundwater;
(13) "NORMAL DOMESTIC WASTEWATER" means wastewater ex-
cluding industrial wastewater discharged by a person into
sanitary sewers and in which the average concentration of
total suspended solids is not more than 200 mg/1 and BOD is
not more than 200 mg/1;
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(14) "OVERLOAD" means the imposition of organic or
hydraulic loading on a treatment facility in excess of its
engineered design capacity;
(15) "PERSON" means any individual and includes any
corporation, organization, government or governmental subdi-
vision or agency, business trust, estate, trust, partnership
association, or other legal entity;
(16) "pH" means the logarithm (Base 10) of the reciprocal
of the hydrogen ion concentration;
(17) "PUBLIC SEWER" means pipe or conduit carrying waste-
water or unpolluted drainage in which owners of abutting
properties shall have the use, subject to control by the City
of Pearland, Texas;
(18) "SANITARY SEWER" means a public sewer that conveys
domestic wastewater or industrial wastes or a combination of
both, and into which storm water, surface water, groundwater,
and other unpolluted wastes are not intentionally passed;
(19) "SLUG" means any discharge of water, wastewater or
industrial waste which in concentration of any given consti-
tuent or in quantity of flow, exceeds for any period of
duration longer than fifteen (15) minutes more than five (5)
times the average twenty-four (24) hour concentration or
flows during normal operation;
(20) "STANDARD METHODS" means the examination and ana-
lytical procedures set forth in the latest edition, at the
time of analysis, of "Standard Methods for the Examination of
Water and Wastewater" as prepared, approved, and published
jointly by the American Public Health Association, the American
Water Works Association, and Water Pollution Control Federa-
tion;
(21) "STORM SEWER" means a public sewer which carries
storm and surface waters and drainage and into which domestic
wastewater or industrial wastes are not intentionally passed;
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(22) "STORM WATER" means rainfall or any other forms of
precipitation;
(23) "SUPERINTENDENT" means the Water and Wastewater
Superindendent of the City of Pearland, Texas, or his duly
authorized deputy, agent or representative;
(24) "SUSPENDED SOLIDS" (SS) means solids measured in
mg/1 that either float on the surface of, or are in suspension
in water, wastewater, or other liquids, and which are largely,
removable by a laboratory filtration device;
(25) "TO DISCHARGE" includes to deposit, conduct, drain,
emit, throw, run, allow to seep, or otherwise release or
dispose of, or to allow, permit, or suffer any of these acts
or omissions;
(26) "TRAP" means a device designed to skim, settle, or
otherwise remove grease, oil, sand, flammable wastes or other
harmful substances;
(27) "UNPOLLUTED WASTEWATER" means water containing
(A) no free or emulsified grease or oil;
(B) no acids or alkalis;
(C) no phenols or other substances producing taste or
odor in receiving water;
(D) no toxic or poisonous substances in suspension,
calloidal state, or solution;
(E) no noxious or otherwise obnoxious or odorous gases;
(F) not more than an insignificant amount in mg/1 each
of suspended solids and BOD, as determined by the
Texas Department of Water Resources; and
(G) color not exceeding fifty (50) units as measured
by the Platinum -Cobalt method of determination as
specified in Standard Methods;
(28) "WASTE" means rejected, unutilized or superfluous
substances in liquid, gaseous, or solid form resulting from
domestic, agricultural, or industrial activities;
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(29) "WASTEWATER" means a combination of the watercarried
waste from residences, business buildings, institutions, and
industrial establishments, together with any ground, surface,
and storm water that may be present;
(30) "WASTEWATER FACILITIES" includes all facilities for
collection, pumping, treating, and disposing of wastewater
and industrial wastes;
(31) "WASTEWATER TREATMENT PLANT" means any City -owned
facilities, devices, and structures used for receiving, pro-
cessing and treating wastewater, industrial waste, and slud-
ges from the sanitary sewers;
(32) "WASTEWATER SERVICE CHARGE" means the charge on all
users of the public sewer system whose wastes do not exceed
in strength the concentration values established as represen-
tative of normal wastewater; and
(33) "WATERCOURSE" means a natural or man-made channel
in which a flow of water occurs, either continuously or
intermittently.
SECTION II
That Section 30-57 of Article III, Chapter 30,
entitled "Discharges restricted", of the Code of Ordinances
of the City of Pearland, Texas, be and the same is hereby
amended to hereafter read as follows:
Section 30-57. Prohibited Discharges.
(a) No person may discharge to public sewers any waste
which by itself or by interaction with other wastes may:
(1) inure or interfere with wastewater treatment pro-
cesses or facilities;
(2) constitute a hazard to humans or animals; or
(3) create a hazard in receiving waters of the wastewater
treatment plant effluent.
(b) All discharges shall conform to requirements of
this Article.
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SECTION III
That Section 30-58 of Article III, Chapter 30,
entitled "Connection to public sewer required", of the Code
of Ordinances of the City of Pearland, Texas, be and the same
is hereby amended to hereafter read as follows:
Section 30.58. Chemical Discharges.
(a) No discharge to public sewers may contain:
(1) cyanide greater than 1.0 mg/1;
(2) fluoride other than that contained in the public
water supply;
(3) chlorides in concentrations greater than 250 mg/1;
(4) gasoline, benzene, naphtha, fueloil, or other flam-
mable or explosive liquid, solid or gas; or
(5) substances causing an excessive Chemical Oxygen
Demand (C.O.D.).
(b) No waste or wastewater discharged to public waters
may contain:
(1) strong acid, iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
(2) fats, wax, grease, or oils, whether emulsified or
not, in excess of one hundred (100) mg/1 or contain-
ing substances which may solidify or become viscous
at temperature between thirty-two (32) and one
hundred fifty (150) degrees Fahrenheit (0 and 65
degrees Centigrade).
(3) objectionable or toxic substances, exerting an
excessive chlorine requirement, to such degree that
any such material received in the composite waste-
water treatment works exceeds the limits establish-
ed by the Approving Authority for such materials; or
(4) obnoxious, toxic or poisonous solids, liquids or
gases in quantities sufficient to violate the pro-
visions of Section 30-57(a).
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(c) No waste, wastewater, or other substance may be
discharged into public sewers which has a pH lower than 5.5
or higher than 9.5 or any other corrosive property capable of
causing damage or hazard to structures, equipment, and/or
personnel at the wastewater facilities.
(d) All waste, wastewater, or other substance containing
phelols, hydrogen sulfide, or other taste -and -odor producing
substances, shall conform to concentration limits established
by the Approving Authority. After treatment of the composite
wastewater, concentration limits may not exceed the require-
ments established by state, federal, or other agencies with
jurisdiction over discharges to receiving waters.
SECTION IV
That Section 30-59 of Article III, Chapter 30,
entitled "Private systems - Restricted", of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to hereafter read as follows:
Section 30.59. Hazardous Metals and Toxic Materials.
(a) No discharges may contain concentrations of hazardous
metals other than amounts specified in subsection (B) of this
section.
(b) The allowable concentrations of hazardous metals,
in terms of milligrams per liter (mg/1), for discharge to
inland waters, and determined on the basis of individual
sampling in accordance with "Standard Methods" are:
NOT TO EXCEED
Daily
Metal Average Composite
(1) Arsenic 0.1 0.2
(2) Barium 1.0 2.0
(3) Cadmium 0.05 0.1
(4) Chromium 0.5 1.0
(5) Copper 0.5 1.0
(6) Lead 0.5 1.0
(7) Manganese 1.0 2.0
(8) Mercury 0.005 0.005
(9) Nickel 1.0 2.0
(10) Selenium 0.05 0.1
(11) Silver 0.05 0.1
(12) Zinc 1.0 2.0
Sample
0.3
4.0
0.2
5.0
2.0
1.5
3.0
0.01
3.0
0.2
0.2
6.0
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(Note: These concentration parameters and rules governing
same are promulgated under authority of Sections 5.131 and
5.132, Texas Water Code - HAZARDOUS METALS, and in accordance
with Texas Department of Water Resources Rule 156.19.)
(c) No other hazardous metals or toxic materials may be
discharged into public sewers without a permit from the
Approving Authority specifying conditions of pretreatment,
concentrations, volumes, and other applicable provisions.
(d) Prohibited hazardous materials include but are not
limited to:
(1) Antimony,
(2) Beryllium,
(3) Bismuth,
(4) Cobalt,
(5) Molybdenum,
(6) Uranyl ion,
(7) Rhenium,
(8) Strontium,
(9) Tellerium,
(10) Herbicides,
(11) Fungicides, and
(12) Pesticides.
SECTION V
That Section 30-60 of Article III, Chapter 30,
entitled "Same - Standards", of the Code of Ordinances of the
City of Pearland, Texas, be and the same is hereby amended to
hereinafter read as follows:
Section 30-60. Particulate Size.
(a) No person may discharge garbage or other solids
into public sewers unless it is shredded to a degree that all
particles can be carried freely under the flow conditions
normally prevailing in public sewers. Particles greater than
one-half (1/2) inch in any dimensions are prohibited.
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(b) The Approving Authority is entitled to review and
approve the installation and operation of any garbage grinder
equipped with a motor of three -fourths (3/4) horsepower (0.76
hp metric) or greater.
SECTION VI
That Section 30-61 of Article III, Chapter 30,
entitled "Same - Specifications", of the Code of Ordinances
of the City of Pearland, Texas, be and the same is hereby
amended to hereafter read as follows:
Section 30-61. Storm Water and Other Unpolluted Drainage.
(a) No person may discharge to public sanitary sewers
(1) unpolluted storm water, surface water, groundwater,
roof runoff or subsurface drainage;
(2) unpolluted cooling water;
(3) unpolluted industrial process waters;
(4) other unpolluted drainage;
or make any new connections from inflow sources.
(b) In compliance with the Texas Water Quality Act and
other statutes, the Approving Authority may designate storm
sewers and other watercourses into which unpolluted drainage
described in subsection (a) of this section may be discharged.
SECTION VII
That Section 30-62 of Article III, Chapter 30,
entitled "Same - Connection to public sewer", of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to hereafter read as follows:
Section 30-62. Temperature.
No person may discharge liquid or vapor having a temper-
ature higher than one hundred fifty (150) degrees Fahrenheit
(65 degrees Centigrade), or any substance which causes the
temperature of the total wastewater treatment plant influent
to increase at a rate of ten (10) degrees Fahrenheit or more
per hour, or a combined total increase of plant influent to
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one hundred ten (110) degrees Fahrenheit.
SECTION VIII
That Section 30-63 of Article III, Chapter 30,
entitled "Same - Maintenance", of the Code of Ordinances of
the City of Pearland, Texas, be and the same is hereby amended
to hereinafter read as follows:
Section 30-63. Radioactive Wastes.
(a) No person may discharge radioactive wastes or
isotopes into public sewers without the permission of the
Approving Authority.
(b) The Approving Authority may establish, in compliance
with applicable state and federal regulations, regulations
for discharge of radioactive wastes into public sewers.
SECTION IX
That Section 30-64 of Article III, Chapter 30,
entitled "Same - Additional requirements", of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended to hereafter read as follows:
Section 30-64. Impairment of Facilities.
(a) No person may discharge into public sewers any
substance capable of causing
(1) obstruction to the flow in sewers;
(2) interference with the operation of treatment pro-
cesses of facilities; or
(3) excessive loading of treatment facilities.
(b) Discharges prohibited by this Section include, but
are not limited to, materials, which exert or cause concentra-
tions of
(1) inert suspended solids greater than 250 mg/1 includ-
ing but not limited to
(A) Fuller's earth
(B) lime slurries; and
(C) lime residues;
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(2) dissolved solids greater than 500 mg/1 including
but not limited to
(A) sodium chloride; and
(B) sodium sulfate;
(3) excessive discoloration including but not limited
to
(A) dye wastes; and
(B) vegetable tanning solutions; or
(4) BOD, COD, or chlorine demand in excess of normal
plant capacity.
(c) No person may discharge into public sewers any
substance that may
(1) deposit grease or oil in the sewer lines in such a
manner as to clog the sewers;
(2) overload skimming and grease handling equipment;
(3) pass to the receiving waters without being effec-
tively treated by normal wastewater treatment pro-
cesses due to the nonamenability of the substance
to bacterial action; or
(4) deleteriously affect the treatment process due to
excessive quantities.
(d) No person may discharge any substance into public
sewers which
(1) is not amenable to treatment or reduction by the
processes and facilties employed; or
(2) is amenable to treatment only to such a degree that
the treatment plant effluent cannot meet the require-
ments of other agencies having jurisdiction over
discharge to the receiving waters.
(e) The Approving Authority shall regulate the flow and
concentration of slugs when they may
(1) impair the treatment process;
(2) cause damage to collection facilities;
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(3) incur treatment costs exceeding those for normal
wastewater; or
(4) render the effluent unfit for stream disposal or
industrial use.
(f) No person may discharge into public sewers solid or
viscous substances which may violate subsection (a) of this
section if present in sufficient quantity or size including
but not limited to
(1) ashes;
(2) cinders;
(3) sand;
(4) mud;
(5) straw;
(6) shavings;
(7) metal;
(8) glass;
(9) rags;
(10) feathers;
(11) tar;
(12) plastics;
(13) wood;
(14) unground garbage;
(15) whole blood;
(16) paunch manure;
(17) hair and fleshings;
(18) entrails;
(19) paper products, either whole or ground by garbage
grinders;
(20) slops;
(21) chemical residues;
(22) paint residues; or
(23) bulk solids.
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SECTION X
That Section 30-65 of Article III, Chapter 30,
entitled "Protection", of the Code of Ordinances of the City
of Pearland, Texas, be and the same is hereby amended to
hereafter read as follows:
Section 30-65. Compliance with Existing Authority.
(a) Unless exception is granted by the Approving Author-
ity, the public sanitary sewer system shall be used by all
persons discharging;
(1) wastewater;
(2) industrial waste;
(3) polluted liquids;
(b) Unless authorized by the Texas Department of Water
Resources, no person may deposit or discharge any waste
included in subsection (a) of this section on public or
private property or into or adjacent to any:
(1) Natural outlet;
(2) watercourse;
(3) storm sewer;
(4) other area within the jurisdiction of the City.
(c) The Approving Authority shall verify prior to
discharge that wastes authorized to be discharged will receive
suitable treatment within the provisions of laws, regulations,
ordinances, rules and orders of federal, state and local
governments.
SECTION XI
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-66 to here-
after read as follows:
Section 30-66. Approving Authority Requirements.
(a) If discharges or proposed discharges to public
sewers may
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(1) deleteriously affect wastewater facilities, proces-
ses, equipment, or receiving waters;
(2) create a hazard to life or health; or
(3) create a public nuisance;
the Approving Authority shall require
(A) pretreatment to an acceptable condition for
discharge to the public sewers;
(B) control over the quantities and rates of dis-
charge; and
(C) payment to cover the cost of handling and
treating the wastes.
(b) The Approving Authority is entitled to determine
whether a discharge or proposed discharge is included under
subsection (a) of this section.
(c) The Approving Authority shall reject wastes when it
determines that a discharge or proposed discharge does not
meet the requirements of subsection (a) of this section.
SECTION XII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-67 to
hereafter read as follows:
Section 30-67. Approving Authority Review and Approval.
(a) If pretreatment or control is required, the Approving
Authority shall review and approve design and installation of
equipment and processes.
(b) The design and installation of equipment and pro-
cesses must conform to all applicable statutes, codes, ordin-
ances and other laws.
(c) Any person responsible for discharges requiring
pretreatment, flow equalizing, or other facilites shall pro-
vide and maintain the facilities in effective operating
condition at his own expense.
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SECTION XIII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-68 to
hereafter read as follows:
Section 30-68. Requirements for Traps.
(a) Discharges requiring a trap include:
(1) grease or waste containing grease in amounts that
will impede or stop the flow in the public sewers;
(2) oil;
(3) sand;
(4) flammable wastes; and
(5) other harmful ingredients.
(b) Any person responsible for discharges requiring a
trap shall at his own expense and as required by the Approving
Authority:
(1) provide equipment and facilities of a type and
capacity approved by the Approving Authority;
(2) locate the trap in a manner that provides ready and
easy accessibility for cleaning and inspection; and
(3) maintain the trap in effective operatingcondition.
SECTION XIV
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-69 to
hereafter read as follows:
Section 30-69. Requirements for Building Sewers.
(a) Any person responsible for discharges through a
building sewer carrying industrial wastes shall, at his own
expense and as required by the Approving Authority
(1) install an accessible control manhole;
(2) install meters and other appurtenances to facilitate
observation, sampling and measurement of the waste;
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(3) install safety equipment and facilities (ventila-
tion, steps...) where needed; and
(4) maintain the equipment and facilities.
SECTION XV
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-70 to
hereafter read as follows:
Section 30-70. Sampling and Testing.
(a) Sampling shall be conducted according to customarily
accepted methods, reflecting the effect of constituents upon
the sewage works and determining the existence of hazards to
health, life, limb, and property.
(NOTE: The particular analysis involved will determine
whether a twenty-four (24) hour composite sample from all
outfalls of a premise is appropriate or whether a grab sample
or samples should be taken. Normally, but not always, BOD
and suspended solids analyses are obtained from 24-hour
composites of all outfalls. Where applicable, 16-hour, 8-
hour or some other period may be required. Periodic grab
samples are used to determine pH and oil and grease.
(b) Examination and analyses of the characteristics of
waters and wastes required by the ordinance shall be
(1) conducted in accordance with the latest edition of
"Standard Methods"; and
(2) determined from suitable samples taken at the
control manhole provided or other control point
authorized by the Approving Authority.
(c) BOD and suspended solids shall be determined from
composite sampling, except to detect unauthorized discharges.
(d) The Approving Authority shall determine which users
or classes of users may contribute wastewater which is of
greater strength than normal domestic wastewater. All users
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-r classes of users so identified shall be sampled for flow,
BOD, TSS and pH at least annually.
(e) City may select an independent firm or laboratory
to determine flow, BOD, and suspended solids, if necessary.
Flow may alternately be determined by water meter measurements
if no other flow device is available and no other source of
raw water is used. User to bear cost of sampling and Laboratory
testing.
SECTION XVI
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-71 to
hereafter read as follows:
Section 30-71. User Charge System.
(a) Persons making discharges of industrial waste into
the City of Pearland, Texas, system shall pay a charge to
cover all costs of collection and treatment.
(b) When discharges of any waste into the City of
Pearland, Texas, system are approved by the Approving Author-
ity, the City or its authorized representative shall enter
into an agreement or arrangement providing
(1) terms of acceptance by the City;
(2) payment by the person making the discharge, in
accordance with the User Charge System as established
in Subpart (e) of this Section;
(3) Sewer connection procedures and requirements shall
be in accordance with the Plumbing Code of the
City of Pearland, Texas.
(4) a sewer application approved with connection fee
paid; and
(5) construction of sewer connections shall be approved
by City inspectors prior to sewer use.
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x
(c) Each User of the wastewater treatment system will
be notified, at least annually, in conjunction with a regular
sewer bill, of the rate and that portion of user charges or
ad valorem taxes which are attributable to the Operation and
Maintenance of wastewater treatment system.
(d) The City will apply excess revenues collected from
a class of users to the cost of operation and maintenance
attributable to that class for the next year and adjust the
rates accordingly.
(e) User Charges shall be as determined by the City
Council from time to time and on file in the office of The
City Secretary.
SECTION XVII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Perland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-72 to
hereafter read as follows:
Section 30-72. Savings Clause.
A person discharging wastes into public sewers
prior to the effective date of this ordinance may continue
without penalty so long as he
(1) does not increase the quantity or decrease the
quality of discharge without permission of the
Approving Authority;
(2) has discharged the waste at least 6 months prior to
the effective date of this ordinance; and
(3) applies for and is granted a permit no later than
180 days after the effective date of this ordinance.
SECTION XVIII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-73 to
hereafter read as follows:
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•
Section 70-73. Conditions of Permits.
(a) The City may grant a permit to discharge to persons
meeting all requirements of the savings clause provided that
the person shall:
(1) submit an application within 90 days after the
effective date of this ordinance on forms supplied
by the Approving Authority;
(2) secure approval by the Approving Authority of plans
and specifications for the facilities when required;
and
(3) has complied with all requirements for agreements
or arrangements including but not limited to, pro-
visions for
(A) payment of charges;
(B) installation and operation of the facilities
and of pretreatment facilities, if required, and
(C) sampling and analysis to determine quantity and
strength when directed by the City; and
(4) provides a sampling point, when requested by the
City, subject to the provisions of this Article
and approval of the Approving Authority.
(b) A person applying for a new discharge shall
(1) meet all conditions of subsection (a) of this
section; and
(2) secure a permit prior to discharging any waste.
SECTION XIX
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-74 to
hereafter read as follows:
Section 30-74. Power to Enter Property.
(a) The Superintendent and other duly authorized employ-
ees of the City bearing proper credentials and identification
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are entitled to enter any public or private property at any
reasonable time for the purpose of enforcing provisions of
this Article.
(b) Anyone acting under this authority shall observe
the establishment's rules and regulations concerning safety,
internal security, and fire protection.
(c) Except when caused by negligence or failure of
person(s) to maintain safe conditions, the City shall indemnify
the person(s) against loss or damage to their property by
City employees and against liability claims and demands for
personal injury or property damage asserted against the
person(s) and growing out of the sampling operation.
(d) The Superintendent and other duly authorized em-
ployees of the City bearing proper credentials and identifi-
cation are entitled to enter all private properties through
which the City holds a negotiated easement for the purposes
of:
(1) inspection, observation, measurement, sampling or
repair;
(2) maintenance of any portion of the sewerage system
lying within the easements; and
(3) conducting any other authorized activity. All
activities shall be conducted in full accordance
with the terms of the negotiated easement pertaining
to the private property involved.
(e) No person acting under authority of this provision
may inquire into any processes including metallurgi-
cal, chemical, oil refining, ceramic, paper or
other industries beyond that point having a direct
bearing on the kind and source of discharge to the
public sewers.
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r S
SECTION XX
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-75 to
hereafter read as follows:
Section 30-75. Authority to Disconnect Service.
(a) The City may terminate water and wastewater disposal
service and disconnect a customer from the system when
(1) acids or chemicals which may damage the sewer lines
or treatment process are released to the sewer
potentially causing accelerated deterioration of
these structures or interfering with proper convey-
ance and treatment of wastewater;
(2) a governmental agency informs the City that the
effluent from the wastewater treatment plant is no
longer of a quality permitted for discharge to a
watercourse, and it is found that the customer is
delivering wastewater to the City's system that
cannot be sufficiently treated or requires treatment
that is not provided by the City as normal domestic
treatment; or
(3) the customer
(a) discharges waste or wastewater that is in
violation of the permit issued by the Approving
Authority,
(b) discharges wastewater at an uncontrolled, vari-
able rate in sufficient quantity to cause an imbal-
ance in the wastewater treatment system;
(c) fails to pay monthly bills for water and sanitary
sewer services when due; or
(d) repeats a discharge of prohibited wastes to pub-
lic sewers in violation of Sections 30-57 through
30-64 as stated above.
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(b) If service is discontinued pursuant to subsection
(a) (2) of this section, the City shall
(1) disconnect the customer;
(2) supply the customer with the governmental agency's
report and provide the customer with all pertinent informa-
tion; and
(3) continue disconnection until such time as the cus-
tomer provides pretreatment/additional pretreatment or other
facilities designed to remove the objectionable characteris-
tics from his wastes.
SECTION XXI
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-76 to
hereafter read as follows:
Section 30-76. Notice.
The City shall serve persons discharging in violation
of this Article with written notice stating the nature of the
violation and proving a reasonable time limit for satisfactory
compliance.
No person may continue discharging in violation of
this Article beyond the time limit provided in the notice.
SECTION XXII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-77 to
hereafter read as follows:
Section 30-77. Failure to Pay.
In addition to sections provided for by this Article,
the City is entitled to exercise sanctions provided for by
any other Sections of the Code of Ordinances for failure to
pay the bill for water and sanitary sewer service when due.
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SECTION XXIII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-78 to
hereafter read as follows:
Section 30-78. Connection to Sanitary Sewer Required.
The owners of all houses, buildings or properties
used for human occupancy, employment, recreation or any other
purpose, situated within the city and abutting on any street,
alley, or right-of-way in which there is now located, or may
in the future be located, a public sanitary or combined sewer
of the city, is hereby required, at his expense, to install
suitable toilet facilities therein, and to connect such
facilities therein and to connect such facilities directly
with the proper public sewer in accordance with the provisions
of this Article within thirty (30) days after the date of the
official notice to do so, provided that the public sewer is
within one hundred (100) feet of the property line. (Ord. No.
201, Art. II, § 3, 7-27-70)
SECTION XXIV
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-79 to
hereafter read as follows:
Section 30-79. Private Systems - Restricted.
Except as hereinafter provided, it shall be unlawful
for any person to construct or maintain any privy, privy
vault, septic tank, cesspool or other facility intended or
used for the disposal of sewage.
SECTION XXV
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
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hereby amended by adding thereto a new Section 30-80 to
hereafter read as follows:
Section 30-80. Same - Standards.
Where a public sanitary or combined sewer is not
available under the provisions of this Article, the building
sewer shall be connected to a private sewage disposal system
complying with all applicable provisions, codes, conditions,
rules, regulations, and requirements of the laws of the State
of Texas, the County of Brazoria, and the City.
SECTION XXVI
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-81 to
hereafter read as follows:
Section 30-81. Same - Specifications.
The type, capacities, location and layout of a
private sewage disposal system shall comply with all applicable
provisions of Chapter 23, Article V of this Code, together
with all applicable rules, regulations and requirements of
the State Department of Public Health. No statement or
specification contained in this section shall be constured
to interfere with any additional requirements that may be
imposed by the city health officer.
SECTION XXVII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-82 to
hereafter read as follows:
Section 30-82. Same - Connection to public sewer.
At such time as a public sewer becomes available to
a property served by a private sewage disposal system, a
direct connection shall be made to the public sewer, in
compliance with this Article, within thirty (30) days after
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the date of the official notice to do so, and all septic
tanks, cesspools and similar private sewage disposal facilities
shall be abandoned and filled with suitable material.
SECTION XXVIII
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-83 to
hereafter read as follows:
Section 30-83. Same - Maintenance.
The owner shall operate and maintain the private
sewage disposal facilities in strict compliance with all
applicable State, County, and City Codes, rules and regula-
tions, and at no expense to such governmental agencies.
SECTION XXIX
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-84 to
hereafter read as follows:
Section 30-84. Penalty.
(a) A person who continues prohibited discharges or
violates any other provisions of this Chapter shall be guilty
of a misdemeanor and upon conviction is punishable by a fine
of not less than Fifty Dollars ($50.00) or more than Two
Hundred Dollars ($200.00) for each act of violation and for
each day of violation.
(b) In addition to the preceding under authority of
subsection (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 or violation of any
other provisions of this article.
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SECTION XXX
That Article III, Chapter 30, of the Code of
Ordinances of the City of Pearland, Texas, be and the same is
hereby amended by adding thereto a new Section 30-85 to
hereafter read as follows:
Section 30-85. 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 negligently, willfully or mali-
ciously causing. loss or damage by tampering with or destroy-
ing any structure, appurtenance or equipment which is part
of the public sewer or treatment facilities.
SECTION XXXI
Sections 30-86 through 30-99 are reserved.
SECTION XXXII
That Article IV, Chapter 30, of the Code of Ordin-
ances of the City of Pearland, Texas, be and the same is
hereby amended as follows:
Article IV entitled "Water and Sewer Districts" is
hereby amended to read as follows:
1. Section 30-71, "Definitions" shall be re -numbered
as Section 30-100 and the text of same shall remain the same.
2. Section 30-72, "Compliance with regulations required"
shall be re -numbered as Section 30-101 and the text of same
shall remain the same.
3. Section 30-73, "Specific regulations" shall be re-
numbered as Section 30-102 and the text of same shall remain
the same.
SECTION XXXIII
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications,
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and to this end the provisions of this ordinance are declared
to be severable.
SECTION XXXIV
It is the intention of the City Council, and it is
hereby ordained, that the provisions of this ordinance shall
be made a part of the Code of Ordinances of the City of
Pearland, and the sections of this ordinance maybe renumnbered
to accomplish such intention
SECTION XXXV
This ordinance shall be in full force and effect
from and after its passage, approval, recording and publication
as provided by law and the Charter of the City of Pearland.
day of
Passed and approved
on First Reading this
, 1982.
C enn/
MAYOR, CITY OF PEARLAND
7
Passed and approved on Second and Final Reading
this 3 day of72, yt— , 1982.
ATTEST:
APPROVED AS TO FORM:
EFFECTIVE DATE:
September 7, 1982
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