HomeMy Public PortalAboutOrdinance No. 1061-06 08-08-2006
• ORDINANCE NO. 1061-06
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
AMENDING SECTION 88 OF CHAPTER 86 OF THE CITY CODE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local vov:;.,u~.ent Code; and
WHEREAS, the City Council at its August 8, 2006, Regular Meeting, passed an amendment
to the ordinance regarding discharge prohibitions and limitations; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
• Section 86-88 of Subdivision of Division 3 of Chapter 86, entitled "Utilities be and is hereby
amended to provide as follows:
Sec. 86-88. Discharge prohibitions and limitations.
(a) Discharges to storm drains and watercourses. It shall be unlawful for any
person to discharge or cause to be discharged any wastewater into any storm drain
or watercourse within the city, except for those persons with approved permits for
such discharges.
(b) Prohibited discharges. 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, or lawnsprays into any sanitary
sewer. Water from swimming pools, unpolluted industrial water or cooling water
from various equipment shall not be discharged into sanitary sewers if an alternate
acceptable means of disposal is available. If an alternate acceptable means of disposal
is not available, such water maybe discharged into the sanitary sewer provided the
water meets the discharge prohibitions and limitations of this subdivision.
(c) Prohibited sewer connections, including trucked or hauled wastewater. It shall
be unlawful for any person to deposit or discharge into the sanitary sewer any
• wastewater or solid, including trucked or hauled wastes, unless such deposit or
discharge, at a designated discharge point, has been approved by the authority.
• (d) Prohibited wastewater constituents. No person shall contribute or cause to be
discharged directly or indirectly into any public sanitary sewer any of the following
described substances, materials, water or waste:
(1) Any liquid or vapor having a temperature higher than 150 degrees
Fahrenheit (65 degrees Celsius);
(2) Any water or waste which contains wax, grease, oil, plastic or other
substance that will solidify or become discernibly viscous at temperatures
between 32 degrees to 150 degrees Fahrenheit, thereby contributing to the
clogging, plugging or otherwise restricting the flow of wastewater through
the collection system;
(3) Pollutants which create a fire or explosion hazard in the sewer system or
POTW, including but not limited to wastestreams with a closed cup
flashpoint of less than 140 degrees Fahrenheit or 60 degrees Celsius using the
test methods specified in 40 CFR 261.21. This includes flammable or
explosive liquids, solids or gases such as gasoline, kerosene, benzene,
naphtha, etc., which by reason of their chemical properties or quantity may
be sufficient, either alone or by interaction, to cause fire or explosion;
• (4) Solid or viscous substances in quantities capable of causing obstruction
in the flow in sewers or other interference with proper operation of the
POTW, 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;
(5) Any garbage that has not been properly comminuted or shredded to such
a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers, with no particle greater than one-half
inch in any dimension;
(6) 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 concentrations
exceeding limits established in this subdivision, or creates any other
condition deleterious to structures or treatment processes, or requires unusual
provision, attention or expense to handle such material;
(7) Any noxious or malodorous liquids, gases, or solids which either singly
or by interaction are capable of creating a public nuisance or hazard to life or
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• which may prevent entry into the sewers for their maintenance and repair;
(8) Any substance which may cause the POTW's effluent or treatment
residues, sludges, or scums, to be unsuitable for reclamation and reuse or to
interfere with the reclamation process as determined pursuant to criteria in
this section. In no case shall a substance discharged to the POTW cause the
POTW to be in noncompliance with sludge use or disposal criteria,
guidelines or regulations developed under section 405 of the Act or any
criteria, guidelines or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Resource Conservation and
Recovery Act, the Clean Air Act, the Toxic Substances Control Actor state
standards applicable to the sludge management method being used;
(9) Any substance which will cause the POTW to violate its NPDES, other
disposal system permits or the receiving stream water quality standards;
(10) Any substance with objectionable color not removed in the treatment
process such as, but not limited to, dye wastes and vegetable tanning
solutions;
(11) Any slugload;
• (12) Any wastewater which causes a hazard to human life or creates a public
nuisance;
(13) Any dump or slugload of waste containing concentrated organic
solvents or mixtures of solvents which are defined as hazardous by the
Federal Resource Conservation and Recovery Act; or
(14) Petroleum oil, nonbiodegradable cutting oil or products of mineral oil
origin in amounts that will cause obstruction of flow in the sewer line, or
interference or pass through.
(15) Oil and Grease:
a. Petroleum oil, non-biodegradable cutting oil, or non polar products
of mineral oil origin in concentrations greater than 200 mg/L.
b. Visible free floatable polar oils, fats, or grease in wastewater
discharged from industrial or commercial facilities into the POTW.
c. In no case shall discharges in amounts that cause interference or
operational problems with the POTW be allowed.
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• (16) BTEX concentration greater than 1.0 mg/L.
(e) Wastewater limitations. No person shall contribute or cause to be discharged,
directly or indirectly, into any sanitary sewer any wastewaters containing or having:
(1) Acids or alkalies capable of causing damage to sewage disposal
structures or personnel or having a pH value lower than 5.0 or higher than
12.0.
(2) Metals in the form of compounds or elements with total concentrations
exceeding the following:
Max. Daily
Av m 1)
Arsenic 0.25
Cadmium 0.15
Chromium 5.0
Copper 4.0
Lead 2.9
Mercury 0.01
. Nickel 2.0
Silver 1.0
Zinc 5.0
(3) Cyanide or cyanogen compounds (expressed as total CN-) in excess of
1.0 mg/1.
(4) Hydrogen sulfide, sulfur dioxide or nitrous oxide in excess often parts
per million.
(5) Radioactive wastes or isotopes with ahalf--life or concentration
exceeding limits established by the authority in compliance with applicable
state or federal regulations.
(6) Toxic pollutants in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any wastewater treatment
process, constitute a hazard to humans or animals or to pass through the
treatment plant and impair aquatic life in receiving water, as expressed by the
results of acute or chronic toxicity tests of the POTW effluent.
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• (7) A temperature which inhibits or interferes with biological activity in the
POTW treatment plant. In no case shall wastewater be introduced which
would have at temperature exceeding 40 degrees Celsius (104 degrees
Fahrenheit) upon entering the POTW treatment plant.
(8) Pollutants in excess of the limitations established in an applicable
categorical pretreatment standard set forth in 40 CFR.
(9) Wastewaters which emanate vapors causing the atmosphere in the sewer
system to exceed 20 percent of the lower explosive limit in the immediate
area of the discharge.
(Code 1984, ch. 11, § 7(C))
SECTION 2.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions ofthis
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
• SECTION 3.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any ofthe remainingphrases,clauses, sentences, paragraphs and sections ofthis ordinance, since the
same would have been enacted by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date ofthis Ordinance twice in the official city newspaper
as authorized by Section 52.013 of the Local Government Code.
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• SECTION 5.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 6.
PENALTY FOR VIOLATION
Any person, firni or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than Two Thousand Dollars ($2,000.00) for all other violations of this Ordinance. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
• PASSED AND APPROVED ON THIS 8 DAY OF August ~ 2006.
E HONORABLE VID L. RAGAN, MAYOR
ATTEST:
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SUTTER, CITY SECRETARY ~ • ~
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EFFECTIVE: August 17, 2006
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W:\Richland Hills\Ordinance\Amendment of Section 86-88 regarding dischazge prohibitions and limi[ations.wpd
• APPROVED AS O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
• AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 7
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INVOICE ,~.~t~ ~~~,I}"
Star-Telegram Customer ID: CIU08
400 W. 7TH STREET Invoice Number: 273749651
FORT WORTH, TX 76102
(817) 390-7761 Invoice Date: 8/17/06
• Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/06
Bill To: PO Number:
CITY OF RICHLAND HILLS
3200 DIANA DR Order Number: 27374965
RICHLAND HILLS, TX 76 1 1 8-6237 Sales Rep: 073
Description: CITY OF RICHLAN
Attu Attn: TOM .BETTS Publication Date: 8/17/06
Description ~ Location Col Depth Linage. MU Rate Amount
CITY OF RICHLAND HILLS ORDINAN I3580 1 41 41 LINE $0.53 $21.73
clTV of
RICHLAND HILLS
ORDINANCE NO.
1061-Of3
An ordinance of the Net Amount: $21.73
City of. Richland Hills
amending sEction 8S
of chapter 86 of the
city code; providing
that this ordinance
shall be cumulative of
all ordinances; pro-
vitling a severability
clause; roviding a
penalty for viola{ion;
providing for publica-
tion as required by
iaw; and providing an
effective date. Any
person, firm or cor-
poration who violates,
disobeys, omits ne-
glects or refuses to fi
comply with or who
resists the enforce- =
ment of an of the
provisions o>Y this Or- :'i;e~ : CNRIS
i Y L• NQ~-LAND
dinance shall be fined
not more than Two PdY COMMISSION EXPIRES
thousands Dollars ~ ~ j'r .JUI 31, 2408
' Y
• ($2000,00) for all
othervrolations of this ~
ordinance. £ach day - ~
that a 'violation is
THE STATE OF TEXAS perm[ttedtoexistshall
~onalflute a separate
County of Tarrant Offense. Passed .and
approved byy the
Richland Hilrs Ci
Before me, a Nota Public it 2oosoil on august and State, this a
ry y personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published 6y fhe Star-Telegram, Inc. t Fo orth, in Tarrant C unty, Texas; and who, after being duly sworn, did
depose and say that the attached clipping of an advertise en as published in t above named paper on the listed dates: BIDS &
LEGAL DEPT. STAR TELEGRAM
(817) 390-7320
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, August 1,
Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIU08
P.O. BOX 901051 Customer Name: CITY OF RICHLAND HILLS
FORT WORTH, TX 76101-2051 Invoice Number: 273749651
• Invoice Amount: $21.73
PO Number:
Amount Enclosed: