The text
DIVISION 1. - GENERALLY#
Secs. 110-61—110-70. - Reserved.#
DIVISION 2. - SEWER CHARGES#
Sec. 110-71. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sanitary sewage shall include, but not be limited to, the waste from water closets, urinals, lavatories, sinks, bathtubs, showers, household laundries, cellar floor drains, garage floor drains, storerooms, soda fountains, cuspidors, refrigerator drips, drinking fountains and stable drains.
Volumetric rate means the rate charged on each 1,000 gallons of sewer over and above 2,000 gallons in any given month.
(Code 1979, ch. 10, § 3(A); Ord. No. 2006-20, § 2, 8-8-06)
Cross reference— Definitions generally, § 1-2.
Sec. 110-72. - Applicability of division.#
The provisions of this division shall not apply to or be made available to any incorporated city, town or village outside the city limits of the City of Burnet, Texas, and the sanitary sewer system and lines of the City of Burnet, Texas, shall not be used by any other incorporated city, town, or village outside of the city limits of the City of Burnet, Texas. The facilities of the sanitary sewer system of the City of Burnet, Texas, shall not be sold or made available to any persons, firms or corporations, private or municipal, within the limits of any incorporated city, town or village outside of the city limits of the City of Burnet, Texas.
(Code 1979, ch. 10, § 3(B))
Sec. 110-73. - Sewer charges.#
This charge is established in the fee schedule made part of this Code as Appendix B—Article III.
(Ord. No. 2025-21, § 3, 5-27-25)
Sec. 110-74. - Wastewater connection fees.#
(a)
Connection fees. Connections with the municipal wastewater system with an existing tap shall be charged a wastewater connection charge and impact fee, as provided for herein. Connections with the municipal wastewater system without an existing tap shall be charged a wastewater connection charge, wastewater tap fee and impact fee, as provided for herein. Each building or residence will be classified as a separate connection.
(b)
Wastewater installation charge. The wastewater connection charge for service shall be as follows:
Wastewater Connection Fee .....$100.00
(c)
Wastewater tap fee. The Wastewater Tap Fee shall be equal to the total cost of installation, including materials, equipment and labor. The wastewater tap fee shall include, but not limited to, with easement acquisition (land surveying, easement purchase price, attorney fees, additional staff time, etc.).
(d)
Payment made prior to connection. All fees for service must be paid in-full prior to the connection being made.
(Ord. No. 2020-02, § 2, 1-28-20)
Editor's note— Ord. No. 2020-02, § 2, adopted January 28, 2020, repealed § 110-74. Former § 110-74 pertained to description of service and derived from ch. 10, § 3(D) of the Code of 1979.
Sec. 110-75. - Service outside city limits.#
The fees for service established in section 110-73 shall be increased by a multiplier of 1.15 times for sewer customers whose connection is located outside the city limits, excluding tap fees.
(Code 1979, ch. 10, § 3(E); Ord. No. 20011-08, § 6, 8-9-11)
Secs. 110-76—110-90. - Reserved.#
Editor's note— Ord. No. 2008-07, § 2, adopted Apr. 8, 2008, repealed §§ 110-76—110-78, which pertained to charges to be paid together with water bill, discontinuance of service (sewage), and charges to whom assessed, and derived from the Code of 1979, ch. 10, § 3(F); ch. 10, § 3(G); and ch. 10, § 3(H), respectively.
DIVISION 3. - INDUSTRIAL WASTES#
Sec. 110-91. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approving authority means the city manager or his duly authorized representative.
BOD (biochemical oxygen demand) means the quantity of oxygen by weight, expressed in mg/l, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of 20 degrees Celsius.
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.
City means the City of Burnet, Texas, or any authorized person acting in its behalf.
COD (chemical oxygen demand) means measure of the oxygen consuming capacity of inorganic and organic matter present in the water or wastewater, expressed in mg/l 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.
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.
Control point means the point of access to a course of discharge before the discharge mixes with other discharges in the public sewer.
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.
Industrial waste means 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.
Industrial waste charge means the charge made on those persons who discharge industrial wastes into the city's sewer system.
Milligrams per liter (mg/l) 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.
Natural outlet means any outlet into a watercourse, ditch, lake, or other body of surface water or groundwater.
Normal domestic wastewater means 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 200 mg/l and the BOD is not more than 200 mg/l.
Overload means the imposition of organic or hydraulic loading on a treatment facility in excess of its engineered design capacity.
Person means any individual and includes any corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership association, or other legal entity.
pH means the logarithm (base 10) of the reciprocal of the hydrogen ion concentration.
Public sewer means pipe or conduit carrying wastewater or unpolluted drainage in which owners of abutting properties shall have the use, subject to control by the city.
Sanitary sewer means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.
Slug means any discharge of water, wastewater or industrial waste which, in concentration of any given constituent or in quantity of 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 means the examination and analytical 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 the Water Environment Federation.
Storm sewer means a public sewer which carries stormwater, surface water and drainage and into which domestic wastewater or industrial wastes are not intentionally passed.
Stormwater means rainfall or any other forms of precipitation.
Superintendent means the city manager or his designee.
Suspended solids (SS) means solids measured in mg/l 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.
To discharge means 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.
Trap means a device designed to skim, settle, or otherwise remove grease, oil, sand, flammable wastes or other harmful substances.
Unpolluted wastewater means water containing: (1)
No free or emulsified grease or oil;
(2)
No acids or alkalis;
(3)
No phenols or other substances producing taste or odor in receiving water;
(4)
No toxic or poisonous substances in suspension, colloidal state, or solution;
(5)
No noxious or otherwise obnoxious or odorous gases;
(6)
Not more than an insignificant amount in mg/l each of suspended solids and BOD, as determined by the state department of water resources; and
(7)
Color not exceeding 50 units, as measured by the platinum-cobalt method of determination, as specified in standard methods.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous, or solid form resulting from domestic, agricultural, or industrial activities.
Wastewater means a combination of the water-carried waste from residences, business buildings, institutions, and industrial establishments, together with any groundwater, surface water, and stormwater that may be present.
Wastewater facilities means all facilities for collection, pumping, treating, and disposing of wastewater and industrial wastes.
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 representative of normal wastewater.
Wastewater treatment plant means any city-owned facilities, devices, and structures used for receiving, processing and treating wastewater, industrial waste, and sludges from the sanitary sewers.
Watercourse means a natural or manmade channel in which a flow of water occurs, either continuously or intermittently.
(Ord. No. 85-34, ch. 10, § 4(1), 11-26-85)
Cross reference— Definitions generally, § 1-2.
Sec. 110-92. - Penalty for violation of division.#
(a)
A person who continues prohibited discharges is guilty of a misdemeanor and, upon conviction, is punishable as provided in section 1-6 for each act of violation and for each day of violation.
(b)
In addition to proceeding under the 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 discharges.
(Ord. No. 85-34, ch. 10, § 4(23), 11-26-85)
Sec. 110-93. - Failure to pay.#
In addition to sanctions provided for by this chapter, the city is entitled to exercise sanctions provided for by the other ordinances of the city for failure to pay the bill for utility services when due.
(Ord. No. 85-34, ch. 10, § 4(24), 11-26-85; Ord. No. 2008-07, § 2, 4-8-08)
Sec. 110-94. - 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 maliciously causing loss by tampering with or destroying public sewers or treatment facilities.
(Ord. No. 85-34, ch. 10, § 4(25), 11-26-85)
Sec. 110-95. - Prohibited discharges.#
(a)
No person may discharge to public sewers any waste which by itself or by interaction with other wastes may:
(1)
Injure or interfere with wastewater treatment processes 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 the requirements of this division.
(Ord. No. 85-34, ch. 10, § 4(2), 11-26-85)
Sec. 110-96. - Chemical discharges.#
(a)
No discharge to public sewers may contain:
(1)
Cyanide greater than 1.0 mg/l;
(2)
Fluoride other than that contained in the public water supply;
(3)
Chlorides in concentrations greater than 250 mg/l;
(4)
Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; or
(5)
Substances causing an excessive chemical oxygen demand (COD).
(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 100 mg/l or containing substances which may solidify or become viscous at temperature between 32 and 150 degrees Fahrenheit (0 and 65 degrees Celsius).
(3)
Objectionable or toxic substances exerting an excessive chlorine requirement to such a degree that any such material received in the composite wastewater treatment works exceeds the limits established by the approving authority for such materials.
(4)
Obnoxious, toxic or poisonous solids, liquids or gases in quantities sufficient to violate the provisions of section 110-95(a).
(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 phenols, 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 requirements established by state, federal or other agencies with jurisdiction over discharges to receiving waters.
(Ord. No. 85-34, ch. 10, § 4(3), 11-26-85)
Sec. 110-97. - 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/l), for discharge to inland waters, and determined on the basis of individual sampling in accordance with standard methods are:
Not to Exceed
Metal Average Daily
Composite Grab
Sample
(1) Arsenic 0.1 0.2 0.3
(2) Barium 1.0 2.0 4.0
(3) Cadmium 0.05 0.1 0.2
(4) Chromium 0.5 1.0 5.0
(5) Copper 0.5 1.0 2.0
(6) Lead 0.5 1.0 1.5
(7) Manganese 1.0 2.0 3.0
(8) Mercury 0.005 0.005 0.01
(9) Nickel 1.0 2.0 3.0
(10) Selenium 0.05 0.1 0.2
(11) Silver 0.05 0.1 0.2
(12) Zinc 1.0 2.0 6.0
These concentration parameters and rules governing same are promulgated under the authority of V.T.C.A., Water Code §§ 5.103 and 5.105, as amended from time to time, with respect to hazardous metals and in accordance with the state 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.
(Ord. No. 85-34, ch. 10, § 4(4), 11-26-85)
Sec. 110-98. - 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 inch in any dimension are prohibited.
(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 horsepower (0.76 hp metric) or greater.
(Ord. No. 85-34, ch. 10, § 4(5), 11-26-85)
Sec. 110-99. - Stormwater and other unpolluted drainage.#
(a)
No person may discharge to public sanitary sewers:
(1)
Unpolluted stormwater, surface water, groundwater, roof runoff or subsurface drainage;
(2)
Unpolluted cooling water;
(3)
Unpolluted industrial process waters;
(4)
Other unpolluted drainage; or
(5)
Make any new connections from inflow sources.
(b)
In compliance with the Texas Water Quality Act (V.T.C.A., Water Code § 26.001 et seq., as amended from time to time), 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.
(Ord. No. 85-34, ch. 10, § 4(6), 11-26-85)
Cross reference— Floods, ch. 50; Drainage criteria manual, ch. 110, art. III, div. 5.
Sec. 110-100. - Temperature.#
No person may discharge liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius), or any substance which causes the temperature of the total wastewater treatment plant influent to increase at a rate of ten degrees Fahrenheit or more per hour, or a combined total increase of plant influent to 110 degrees Fahrenheit.
(Ord. No. 85-34, ch. 10, § 4(7), 11-26-85)
Sec. 110-101. - 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.
(Ord. No. 85-34, ch. 10, § 4(8), 11-26-85)
Sec. 110-102. - 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 processes of facilities; or
(3)
Excessive loading of treatment facilities.
(b)
Discharges prohibited by section 110-102(a) include, but are not limited to, materials which exert or cause concentrations of:
(1)
Inert suspended solids greater than 250 mg/l including, but not limited to:
a.
Fuller's earth;
b.
Lime slurries; and
c.
Lime residues.
(2)
Dissolved solids greater than 1,300 mg/l 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.
(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 effectively treated by normal wastewater treatment processes 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 facilities employed; or
(2)
Is amenable to treatment only to such a degree that the treatment plant effluent cannot meet the requirements 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;
(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.
(Ord. No. 85-34, ch. 10, § 4(9), 11-26-85)
Sec. 110-103. - Compliance with existing authority.#
(a)
Unless an exception is granted by the approving authority, 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 state 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; and
(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.
(Ord. No. 85-34, ch. 10, § 4(10), 11-26-85)
Sec. 110-104. - Approving authority—Requirements.#
(a)
If discharges or proposed discharges to public sewers may:
(1)
Deleteriously affect wastewater facilities, processes, equipment, or receiving waters;
(2)
Create a hazard to life or health; or
(3)
Create a public nuisance;
the approving authority shall require pretreatment to an acceptable condition for discharge to the public sewers, control over the quantities and rates of discharge, and 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.
(Ord. No. 85-34, ch. 10, § 4(11), 11-26-85)
Sec. 110-105. - Same—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 processes must conform to all applicable statutes, codes, ordinances and other laws.
(c)
Any person responsible for discharges requiring pretreatment, flow equalizing or other facilities shall provide and maintain the facilities in effective operating condition at his own expense.
(Ord. No. 85-34, ch. 10, § 4(12), 11-26-85)
Sec. 110-106. - 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 operating condition.
(Ord. No. 85-34, ch. 10, § 4(13), 11-26-85)
Sec. 110-107. - Requirements for building sewers.#
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;
(3)
Install safety equipment and facilities (ventilation and steps) where needed; and
(4)
Maintain the equipment and facilities.
(Ord. No. 85-34, ch. 10, § 4(14), 11-26-85)
Sec. 110-108. - 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. The particular analysis involved will determine whether a 24-hour composite sample from all outfalls of a premises is appropriate or whether a grab sample 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, eight-hour or some other period may be required. Periodic grab samples are used to determine pH, oil and grease.
(b)
Examination and analyses of the characteristics of waters and wastes required by this division 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 or classes of users so identified shall be sampled for flow BOD, TSS and pH at least annually.
(e)
The 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.
(Ord. No. 85-34, ch. 10, § 4(15), 11-26-85)
Sec. 110-109. - User charge system.#
(a)
Persons making discharges of industrial waste into the city system shall pay a charge to cover all costs of collection and treatment.
(b)
When discharges of any waste into the city system are approved by the approving authority, 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 subsection (e) of this section;
(3)
Sewer connection procedures and requirements shall be in accordance with the Uniform Plumbing Code, as promulgated by the International Association of Plumbing and Mechanical Officials;
(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.
(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 the 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)
The user charge system is developed under appendix B to 40 CFR 35. It is a separate municipal document, and it is incorporated in its entirety by reference in this division.
(Ord. No. 85-34, ch. 10, § 4(16), 11-26-85)
Sec. 110-110. - Savings clause.#
A person discharging wastes into public sewers prior to the effective date of Ordinance No. 85-34, 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 six months prior to the effective date of Ordinance No. 85-34; and
(3)
Applies for and is granted a permit no later than 150 days after the effective date of Ordinance No. 85-34.
(Ord. No. 85-34, ch. 10, § 4(17), 11-26-85)
Sec. 110-111. - Permit conditions.#
(a)
The city may grant a permit to discharge to persons meeting all requirements of the savings clause, provided that the person:
(1)
Submits an application within 120 days after the effective date of Ordinance No. 85-34 on forms supplied by the approving authority;
(2)
Secures approval by the approving authority of plans and specifications for the facilities when required;
(3)
Has complied with all requirements for agreements or arrangements including, but not limited to, provisions 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 division 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.
(Ord. No. 85-34, ch. 10, § 4(18), 11-26-85)
Sec. 110-112. - Right of entry.#
(a)
The superintendent and other duly authorized employees of the city bearing proper credentials and identification are entitled to enter any public or private property at any reasonable time for the purpose of enforcing this division.
(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 persons to maintain safe conditions, the city shall indemnify the persons 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 persons and growing out of the sampling operation.
(d)
The superintendent and other duly authorized employees of the city bearing proper credentials and identification 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 sewer 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 section may inquire into any processes including metallurgical, 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.
(Ord. No. 85-34, ch. 10, § 4(19), 11-26-85)
Sec. 110-113. - 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 conveyance 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.
(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, variable rate in sufficient quantity to cause an imbalance 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 public sewers in violation of sections 110-95 through 110-102.
(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 information; and
(3)
Continue disconnection until such time as the customer provides pretreatment/additional pretreatment or other facilities designed to remove the objectionable characteristics from his wastes.
(Ord. No. 85-34, ch. 10, § 4(20), 11-26-85)
Sec. 110-114. - Notice.#
The city shall serve persons discharging in violation of this division with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
(Ord. No. 85-34, ch. 10, § 4(21), 11-26-85)
Sec. 110-115. - Continuing prohibited discharges.#
No person may continue discharging in violation of this division beyond the time limit provided in the notice.
(Ord. No. 85-34, ch. 10, § 4(22), 11-26-85)
DIVISION 4. - INFILTRATION AND INFLOW#
Sec. 110-116. - Responsibility and applicability.#
(a)
The city's city manager, or his/her designee, shall be responsible for the inspection, maintenance, repair and operational integrity of the city's sanitary sewer collection system.
(b)
Any person owning or occupying a tract or parcel of land upon which sanitary sewer service lines are located which flow into public sewer lines in city streets, alleys and easements (including, but not limited to, single-family or duplex residences, mobile homes and/or trailer parks, apartments, places of business, schools, hospitals, churches, structures of any kind, vacant buildings or vacant land) shall be responsible for the inspection, maintenance, repair and operational integrity of such private sanitary sewer service line.
(Ord. No. 2009-13, § 2, 8-27-09)
Sec. 110-117. - Inspections.#
Prior to the original connection, any reconnection or any transfer of water and/or sewer service to a tenant or property owner, the city may inspect or require the inspection of private sanitary sewer service lines thereon for the purpose of determining the amount of infiltration and inflow into such lines, if any. Inspections shall be made or required when, based upon local infiltration and inflow conditions and experience, the city manager or his/her designee has determined that such inspections are necessary to effectuate the purposes of this division of this Code. Any conditions discovered in such line inspections of private sewer lines causing or allowing infiltration or inflow shall be repaired by the property owner or tenant, or agent thereof, prior to such original connection, reconnection or transfer of city water and/or sewer service, as applicable. Where conditions have been discovered on existing private service lines but for which no application for reconnection or transfer to city service has been sought, the property owner or tenant shall cause such repairs and maintenance to be performed in accordance with this division.
(Ord. No. 2009-13, § 2, 8-27-09)
Sec. 110-118. - Notification; termination of service.#
(a)
The city manager or his/her designee shall notify, in writing, by registered mail, return receipt requested and by standard mail, each property owner on whose property a source of infiltration or inflow of water into the city's sanitary sewer system exists, as well as the nature and general location of the sources. The property owner shall within three calendar months of date of notification have the sources repaired, at his/her expense.
(b)
If after the expiration of three months following the original notice sent under this division the repairs required thereby have not been completed, the city manager or his/her designee shall terminate water and/or sanitary sewer service to the property and the property owner and/or tenant shall be deemed in violation of this division.
(Ord. No. 2009-13, § 2, 8-27-09)
Sec. 110-119. - Repairs.#
(a)
If a private service line has defects allowing infiltration or inflow or is without glued, leaded or rubber-gasketed joints, and which cannot be repaired, the property owner shall replace the private sewer service line with appropriate material as defined in the [2009 International] Plumbing Code, the [2009] International Residential Code or applicable codes subsequently adopted by the city.
(b)
All repairs required by this division shall be made by a plumber licensed by the state or by the property owner, if a resident. A homeowner may install or maintain plumbing and/or sewer fixtures or equipment within his/her own property boundaries, provided such work is performed by him/her and used exclusively for him/herself or his/her family. Such privilege does not convey the right to violate any provision of this division nor is it to be construed as exempting any such property owner from obtaining a permit and paying the required fees therefore.
(c)
After a repair required by this division has been completed and before it has been covered, the city plumbing inspection department shall be notified to inspect and approve its adequacy and workmanship.
(d)
The owner and/or plumber shall not cover such repairs until ultimate approval by the city inspector, and, if covered, shall be required to excavate and the city shall re-inspect the repairs and, if still defective, disconnect water and/or sewer service.
(Ord. No. 2009-13, § 2, 8-27-09)
Sec. 110-120. - Penalties for violation of division.#
(a)
Any person who shall fail to make necessary repairs within the three-month period as set forth in this division shall be subject to termination of water and/or sewer service to the property.
(b)
Any person who violates any provision of this division, or who shall fail to perform any act required in this division following notice as prescribed in this division, is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.00.
(c)
If the city is unable to locate the property owner or his agent or the property owner or his agent refuses to make the necessary repairs required by this division, the city may, at its discretion, initiate proceedings against the owner thereof in accordance with any procedures allowable by law and may order such work done, assess a charge against the owner thereof for the expenses incurred in correcting the defects and all reasonable attorney's fees, and attach a lien to the affected property to secure the costs therefore, as provided by ordinance or statute.
(d)
The existence of infiltration or inflow into private sanitary sewer service lines is hereby declared to constitute a nuisance and a health hazard, and a substandard condition.
(Ord. No. 2009-13, § 2, 8-27-09)
Secs. 110-121—110-125. - Reserved.#
DIVISION 5. - DRAINAGE CRITERIA MANUAL#
Sec. 110-126. - Drainage criteria manual adopted.#
The city hereby adopts the drainage criteria manual attached hereto as exhibit A. It is purpose of the drainage criteria manual to provide written policies, design criteria and acceptable methodologies for use in the design of efficient and cost effective drainage systems and storm water facilities within the city and its ETJ. The drainage criteria manual governs the planning and design of drainage infrastructure within the city and within all areas subject to its extraterritorial jurisdiction. The drainage criteria manual contains design factors, formulae, graphs and procedures that are intended for use as engineering guides in the solution of drainage problems involving the determination of the quantity, rate of flow, method of collection, storage, conveyance and disposal of stormwater. It is the intent of the city council that the manual be used to assist in the design of drainage facilities that may be required for development or redevelopment and to be used in conjunction with the LCRA's NPS Technical Manual.
(Ord. No. 2009-32, 1-14-10)
Editor's note— It should be noted that exhibit A referenced above is not set out at length herein, but is on file and available for inspection in the office of the city secretary.
Cross reference— Floods, ch. 50; Stormwater and other unpolluted drainage, § 110-99.