§ 3-1-24. Sewage quality control.
(A)
Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this Section shall be as follows:
Approving authority: The city manager, or his duly authorized representative, unless otherwise specified.
BOD (biochemical oxygen demand): The quantity of oxygen by weight, expressed in milligrams per liter, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a standard of 20 degrees Centigrade.
City: The City of Midland, Texas.
Domestic sewage: Wastewater excluding industrial wastewater discharged by a person into sanitary sewers and in which the average concentration of total suspended solids is not more than 250 milligrams per liter (mg/l) and BOD is not more than 250 milligrams per liter (mg/l).
Garbage: Solid waste and residue, from the preparation, cooking and dispensing of food, and from the handling, storage and sale of food products and produce.
Industrial wastes: Waterborne waste and gaseous waste resulting from any process of industry, manufacturing, trade or business from the development of any natural resource or any mixture of the waste with water or normal wastewater, or distinct from normal wastewater.
Milligrams per liter (mg/l): A weight to volume ratio; the milligrams per liter value multiplied by the factor 8.34 shall be equivalent to pounds per million gallons of water.
Normal domestic sewage: Sewage from the City of Midland in which the average concentration of suspended materials and five-day BOD is established at 250 milligrams per liter.
pH: The logarithm (base 10) of the reciprocal of the hydrogen ion concentration expressed in moles per liter. pH shall be determined by one of the procedures outlined in "Standard Methods."
Person, establishment or owner: Any individual, firm, company, association, society, corporation, partnership, or group, their agents, servants, or employees.
Properly shredded garbage: The waste from the preparation, cooking and dispensing of food, exclusive of egg shells, bones, etc., that have been shredded to such degree that all particles will be carried freely under flow conditions normally prevailing in public sewer, with no particles greater than one-half inch in any dimension.
Public sewer: A sewer controlled by the City as a municipal corporation.
Sanitary sewer: A sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater, and other unpolluted waste are not intentionally passed.
Sewage works: All facilities, devices, and structures used for receiving, processing, and treating wastewater from the City sanitary sewer system.
Sewer service charge: The charge made on all users of public sewer whose waste does not exceed in strength the concentration values established in this ordinance.
Slug: Any discharge of water, sewage or industrial waste other than toxic material which in concentration of any given constituent or in quantity or flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
Standard methods: The examination and analytical procedures set forth in the latest edition at the time of analysis of "Standard Methods for Examination of Water and Sewage" as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation.
Storm sewer or storm drain: A sewer which carries storm or surface waters and drainage, but excludes sewage and polluted industrial waste.
Surcharge: The charge in addition to the sewage service charge which is made on those persons whose waste is greater in strength than the concentration values established as representative of normal charges.
Suspended solids: Solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by a laboratory filtration device.
Wastewater plant: Any city-owned facility, device and structure used for receiving and treating wastewater.
(B)
Admission of industrial waste into public sewer.
1.
Approval required. Review and acceptance of the approving authority shall be obtained prior to the discharge into the public sewers of any wastes and waters having:
(a)
A five-day 20-degree Centigrade biochemical oxygen demand (BOD) greater than 250 milligrams per liter (mg/l).
(b)
Suspended solids containing greater than 250 milligrams per liter (mg/l).
2.
Pretreatment. Where required, as herein specified to modify or eliminate waste that is harmful to the structures, processes or operation of sewage works, or detrimental to the quality of the effluent, the person shall provide, at his expense, such preliminary treatment or processing facilities as may be determined by the approving authority necessary to render his waste acceptable for admission to the public sewers.
3.
Grease, oil and sand interceptors. Grease, oil and sand traps or interceptors shall be provided for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand 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 of temperature. They shall be of substantial construction, watertight and equipped with easily removable covers. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Materials removed from these facilities shall be either utilized by industry or disposed of at locations designated by the approving authority.
4.
Submission of information. Plans, specifications and any other pertinent information relating to proposed preliminary treatment or processing facilities or flow equalization facilities shall be submitted for approval of the approving authority prior to the start of their construction, if the effluent from such facilities is to be discharged into the public sewer. All such plans shall be prepared by a registered professional engineer and shall bear his signature and seal.
(C)
Prohibited discharges.
1.
No person shall discharge or cause to be discharged any stormwater, groundwater, roof runoff, subsurface drainage, or any water from downspouts, yard drains, yard fountains and ponds or lawn spray into any sanitary sewer.
2.
No person shall discharge or cause to be discharged into any public sewer any of the following described substances, materials, waters, or wastes:
(a)
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade).
(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 60 degrees to 90 degrees Fahrenheit.
(c)
Flammable or explosive liquids, "solid or gas," such as gasoline, kerosene, benzene, naphtha, etc.
(d)
Any garbage that has not been properly comminuted or shredded.
(e)
Any noxious or malodorous substance which can form a gas, which singly or by interaction with other waste, is capable of causing objectionable odors or hazards to life and property, which form solids in concentrations exceeding limits established herein or creates any other condition deleterious to structures or treatment processes, or requires unusual facilities, attention, or expense to handle such materials.
3.
Except in quantities or concentrations or with provisions as stipulated herein, it shall be unlawful for any person, corporation, or individual to discharge waters or wastes into the sanitary sewer containing:
(a)
Free or emulsified oil and grease exceeding on analysis an average of 100 mg/l (834 pounds per million gallons) of either or both or combination of free or emulsified oil and grease, if, in the opinion of the approving authority, it appears probable that such waste:
(1)
Can deposit grease or oil in the sewer lines in such manner as to clog the sewer;
(2)
Can overload the discharger's skimming and grease handling equipment;
(3)
Are not amenable to biological oxidation and will therefore pass to the receiving waters without being affected by normal sewage treatment process; or
(4)
Can have deleterious effects on treatment process due to excessive quantities.
(b)
Acids or alkalies which attack or corrode sewers or sewage disposal structures or have a pH value lower than 6.0 or higher than 10.0.
(c)
Salts of the heavy metals, in solution or suspension, in concentrations exceeding the following, the analytical results to be expressed in terms of the element indicated:
mg/l Arsenic 0.10 Barium 1.0 Boron 1.0 Cadmium 1.0 Chromium 5.0 Copper 5.0 Lead 1.0 Manganese 1.0 Mercury 0.005 Nickel 5.0 Selenium 0.02 Silver 1.0 Zinc 5.0 (d)
Heavy metals and toxic material in concentrations prohibited by state or federal regulations, including, but not limited to:
Antimony
Beryllium
Bismuth
Boron
Cobalt
Molybdenum
Uranylion
Rhenium
Strontium
Tellurium
Fungicides
Herbicides
Pesticides
(e)
Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification in excess of two mg/l as CN in the waste from any outlet into the public sewers.
(f)
Chlorides in excess of 1,500 mg/l (12,510 pounds per million gallons).
(g)
Sulfates in excess of 1,000 mg/l (8,340 pounds per million gallons).
(h)
Dissolved solids greater than 2,500 mg/l.
(i)
Radioactive materials exceeding the existing standards of the Texas State Department of Health.
(j)
Any wastewaters containing phenols or other taste-producing substances in such concentrations as to produce odor or taste in the effluent of the wastewater plant.
(k)
Materials which exert or cause:
(1)
Unusual concentrations of solids, slurries or viscous substances of such character as to be capable of causing obstruction of the flow in sewers, or other interference with the proper operation of the sewage works, such as ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper products, either whole or ground by garbage grinders, slops, chemical residues, paint residues, fiberglass and bulk solids;
(2)
Excessive discoloration;
(3)
Unusual biochemical oxygen demand or an immediate oxygen demand;
(4)
High hydrogen sulfide content; or
(5)
Unusual flow and concentration.
(l)
Toxic substances which are not amenable to treatment or reduction by the wastewater treatment process employed, or are amenable to treatment only to such degree that the wastewater treatment plant cannot meet the requirements of other agencies having jurisdiction over discharge without first pretreating to a concentration acceptable to the City.
(m)
Organic chemical substances in concentrations exceeding the following:
Benzene 1.0 mg/l Phenol 0.10 mg/l Toluene 1.0 mg/l Isopropyl alcohol 10.0 mg/l Acetone 10.0 mg/l Methylene chloride 1.0 mg/l Ethyl benzene 1.0 mg/l Methyl alcohol 10.0 mg/l Methyl ethyl ketone 10.0 mg/l When wastewater containing any of the aforementioned materials is discharged into the sanitary sewer and such wastes are not properly pretreated or otherwise corrected, the approving authority may (a) reject the waste and terminate the service to sanitary sewer, (b) require control of the quantities and rates of discharge of such waste with flow regulating devices, or (c) require payment of surcharge for excessive cost of treatment provided such waste is amenable to treatment by existing sewage plant facilities.
4.
If a person discharges a substance into the sanitary sewer in violation of subsection (C) of this Section, the approving authority may:
(a)
Terminate the service of water or sanitary sewer to the premises from which the substance was discharged; or
(b)
Require pretreatment or control of the quantities and rates of discharge of waste to bring the discharge within the limits established by this Section.
5.
Action taken by the approving authority under paragraph 4 above does not prevent the use of other enforcement methods available to the City.
6.
If national pretreatment standards more stringent than those prescribed in this Section are promulgated by the United States Environmental Protection Agency for certain categories of industries, the more stringent national pretreatment standards will apply to the affected industrial user.
(D)
Permits for discharge of industrial waste.
1.
No person, firm or establishment shall discharge, or allow to be discharged, industrial waste into the sanitary sewer without obtaining and maintaining a valid permit from the approving authority.
2.
Application for a permit must be made to the approving authority upon a form provided for the purpose and must be accompanied by plans and specifications for pretreatment facilities if pretreatment is required. The approving authority may establish further regulations and procedures not in conflict with this Chapter or other laws, regarding the granting and enforcement of permits.
3.
The approving authority shall issue a permit if:
(a)
The approving authority determines that pretreatment facilities are adequate for efficient treatment of discharged waste and comply with the waste concentration level requirements of subsection (C) of this Section or with national pretreatment standards, whichever is applicable; or
(b)
The applicant has submitted:
(1)
An expected compliance date;
(2)
An installation schedule of approved pretreatment devices;
(3)
A self-monitoring program prepared in accordance with all applicable federal pretreatment standards promulgated by the United States Environmental Protection Agency; or
(c)
The applicant is not discharging waste in violation of subsection (C) of this Section other than excessive BOD or suspended solids.
4.
Permits granted under this Section are not transferrable or assignable.
(E)
Denial or suspension of permit.
1.
The approving authority may deny a permit if he determines that an applicant is not qualified under subsection (D) of this Section and may suspend a permit if he determines that a permittee:
(a)
Is not qualified under subsection (D) of this Section;
(b)
Has violated a provision of this Section;
(c)
Has failed to comply with applicable federal pretreatment standards and requirements; or
(d)
Has failed to comply with the compliance schedule required under paragraph 3 of subsection (D) of this Section.
2.
After suspension under subsection (E) of this Section, a permittee may file a request for reinstatement of the permit. When the approving authority determines that the permittee is again qualified, all violations have been corrected, precautions have been taken to prevent future violations, and all required fees have been paid, he shall reinstate the permit.
3.
A permittee whose permit is suspended shall not discharge industrial waste into the sanitary sewer.
4.
The approving authority may amend a permit with additional requirements to assure compliance with applicable laws and regulations.
(F)
Industrial waste surcharge.
1.
Persons, firms or owners discharging industrial waste into the sanitary sewer which exhibits none of the characteristics of waste prohibited in subsection (C), other than excessive BOD or suspended solids, but having a concentration during a 24-hour period average of BOD or suspended solids content in excess of "normal domestic sewage," shall be required to pretreat the industrial waste to meet the requirements of "normal domestic sewage"; however, such waste may be accepted in the sanitary sewer for treatment by the City if all the following requirements are met:
(a)
The wastes will not cause damage to the collection system;
(b)
The waste will not impair the treatment process; and
(c)
The discharger of the waste enters into a contractual agreement with the City of Midland providing for a surcharge over and above the existing sewer rates. The basis for surcharge on industrial waste is to be computed on the following basis:
S = Vs × 8.34 (0.20 [BOD - 250] + 0.30 [SS - 250])
S = Vs × 8.34 (a [BOD - 250] + b [SS - 250])
Where:
S = Surcharge in dollars. Vs = Sewage volume in million gallons. 8.34 = Pounds per gallon of water. 0.20 = Unit charge for BOD in dollars per pound. BOD = BOD strength index in milligrams per liter by weight. 250 = Normal BOD strength in milligrams per liter (mg/l). 0.30 = Unit charge for suspended solids in dollars per pound. SS = Suspended solids concentration in milligrams per liter (mg/l). 250 = Normal SS concentration in milligrams per liter (mg/l). 2.
The volume of flow used in computing the industrial surcharge shall be based upon the metered water consumption as shown in the records of meter readings maintained by the Midland water department. BOD and suspended solid values determined from samples collected from any establishment shall be determined by the approving authority or a registered professional engineer employed by the discharger. Such report shall contain a statement that the samples collected and values determined are based on a 24-hour composite representative of the establishment's flow. Each sampling point shall be installed and shall be so maintained by the discharger so that any authorized representative of the City may readily and safely obtain samples of the flow at all times. Plans and location of such sampling points shall be approved by the approving authority prior to construction. All flow rates and BOD and suspended solid values used in determination of the industrial sewer service charge shall be reevaluated on an annual basis. However, if there is a major change in operation to cause changes in value, the value may be increased or decreased on a study of changes or actual measurements.
3.
The basis for determining the surcharge shall be reviewed biannually and shall be adjusted to reflect any increase or decrease in wastewater treatment costs based on the previous year's experience.
(G)
Sampling fees for major contributing industries.
1.
Each major contributing industry for which the City has reporting requirements under its National Pollutant Discharge Elimination System permit shall compensate the City for the cost of sampling and laboratory service required for monitoring discharges. The approving authority shall determine the number of samples and the frequency of sampling necessary to comply with the reporting requirements.
2.
For the purposes of subsection (G) of this Section, major contributing industry means an industry that:
(a)
Discharges 50,000 gallons or more wastewater per day;
(b)
Discharges a toxic or prohibited substance listed in subsection (C) of this Section; or
(c)
Discharges an amount of wastewater which represents five percent or more of the total influent of the City's wastewater treatment plant.
(H)
Inspection chambers.
1.
A person who discharges industrial waste into the sanitary sewer or wastewater facilities shall provide, at his own expense, an inspection manhole or chamber in an accessible location on the premises from which the waste is discharged.
2.
An inspection manhole or chamber must be:
(a)
Near the outlet of each sewer, drain, pipe, or channel which connects with the sanitary sewer or wastewater facility;
(b)
Designed and constructed to prevent infiltration by ground and surface water; and
(c)
Maintained so that a person may easily and safely measure the volume and obtain samples of the flow.
3.
Before beginning construction of an inspection manhole or chamber, a person shall submit plans to the approving authority for review and approval to insure compliance with subsection (H) of this Section. Plans must include the sewage metering device if one is to be installed.
(I)
Measurement of waste volume.
1.
If a person who discharges industrial waste into the sanitary sewer installs and maintains, in proper working condition, a sewage metering device of a type approved by the approving authority for measuring sewage flow, the actual sewage flow from the premises will be the basis for computing charges for service.
2.
On premises of a person who discharges industrial waste into the sanitary sewer and where water is obtained exclusively from the public water supply and no sewage metering device is installed, the approving authority shall compute the sewage flow for purposes of determining service charges, based on the water consumption during the previous month.
3.
On premises of a person who discharges industrial waste into the sanitary sewer and where all or part of the water is obtained from a source other than the public water supply and no metering device is installed, the owner shall provide and maintain a metering device of a type approved by the approving authority to measure sources of private water.
4.
If an activity on premises of a person who discharges industrial waste into the sanitary sewer consumes water by evaporation, including it in a product, or discharge into a storm sewer, the owner may make application to the approving authority for reduction in the volume of waste estimated to be discharged from the premises. The application must contain supporting data, including but not limited to a flow diagram showing the route and destination of the water supply and waste and data from submeters installed on process piping.
(J)
Sampling of waste.
1.
The approving authority shall take samples of waste discharges from establishments as often as he determines is necessary to adequately monitor and control the discharges. If an owner desires additional samples, the approving authority shall require the owner to pay the cost of the additional service.
2.
Samples may be taken manually or by use of mechanical equipment. The approving authority shall use standard methods laboratory procedures for determining concentrations of industrial waste.
3.
The approving authority shall conduct inspection, surveillance and monitoring procedures to determine whether an industrial user is in compliance with applicable pretreatment standards and requirements. The inspection, surveillance and monitoring must be independent of information received from the self-monitoring reports program.
(K)
Right of entry of city employees. The approving authority, the City environmental health officer, and other duly authorized employees of the City acting as their duly authorized agents and bearing proper 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 the provisions of this Section.
(L)
Billing. The industrial waste surcharge provided for in this ordinance shall be included as a separate item on the regular bill for water and sewer and shall be paid monthly in accordance with the existing practices. Surcharges shall be paid at the same time that the sewer charges of the person becomes due.
(M)
Disconnection for failure to pay bills or unlawful discharges.
1.
The approving authority may order disconnection of water and sanitary sewer services to an establishment if he determines that:
(a)
The owner has not paid charges for water or sanitary sewer service when due;
(b)
The owner has not paid an industrial surcharge when due;
(c)
The establishment has discharged waste to the sanitary sewer in violation of subsection (C) of this Section; or
(d)
Disconnection is necessary to protect the wastewater facilities or the health and safety of the citizens of the City.
2.
A disconnection order does not prevent the use of other enforcement or collection procedures available to the City.
(N)
Indemnity agreement required under certain circumstances. When, in the opinion of the director of public works or the director of utilities, the property is subject to flooding or the sanitary sewer is subject to being surcharged due to infiltration or stormwaters, or the premises are subject to being flooded by an overcharged sewer due to its elevation in relation to the main sewer line, then the owner or user of the premises shall be denied a connection to the sanitary sewer unless the owner or user agrees to install a check or backflow valve in his house sewer and agrees to indemnify fully the City and save it whole and harmless from and against any and all damages, costs, or expenses of every kind, character and nature, whether real or asserted, accruing upon or about the building due to surcharge of the sanitary sewer. Such agreement shall be executed by the owner of the property and filed in the deed records of the county, and shall be a covenant running with the land and shall be binding on the owner, his successors or assigns.
(O)
Penalty for violation. Any person, corporation or association, as that term is defined by V.T.C.A., Penal Code § 1.07(a), violating any of the provisions of this Section shall, upon conviction, be fined in any sum not exceeding $1,000.00; and each and every day that the provisions of this Section are violated shall constitute a separate and distinct offense.
(Ord. No. 6778, 8-11-1987)