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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 • AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 2 W:\Richland Hills\OrdinanceWrnendmen[ of Section 86-88 regarding discharge prohibitions and limitations.wpd • 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. • AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 3 W:\Richland Hills\OrdinanceWmendment of Section 86-88 regarding discharge prohibitions and limitations.wpd • (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. • AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 4 W:\Richland Hills\OrdinanceWmendment of Section 86-88 regarding discharge prohibitions and limita[ions.wpd • (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. • AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 5 W:\Richland Hills\OrdinanceWmendment of Section 86-g8 regarding discharge prohibitions and limi[ations.wpd • 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: ````~~~~~t,, ~ rrrpr~~ / ~~~,N yid 4 SUTTER, CITY SECRETARY ~ • ~ _Y X- =V ~ y= EFFECTIVE: August 17, 2006 iii','',,,,/ • • • ~ ~ `\`~A~~@~~le ~~~rNNnmmaa~t\ • AMENDMENT TO SECTION 88 OF CHAPTER 86 REGARDING DISCHARGE PROHIBITIONS AND LIMITATIONS Page 6 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 W1Richland Hills\Ordinance\Arr~endment of Section 86-88 regarding discharge prohibitions and limitations.wpd 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: