O76-10ORDINANCE NO. 76-10
AN ORDINANCE DEFINING SEWER CUSTOMER CLASSIFICATIONS, SETTING SEWER
RATES, PROVIDING AN APPENDIX, PROHIBITING CERTAIN WASTES IN PUBLIC
SEWERS, PROVIDING PROCEDURES RELATING TO INDUSTRIAL WASTE, PROVIDING
A PENALTY, A SAVING CLAUSE AND DECLARING AN EMERGENCY FOR IMMEDIATE
PASSAGE, REPEALING ORDINANCES 61-9, 69-9, AND AMENDING 61-1 SECTIONS
1,2,4, AND 60-12; SECTION 1.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS:
(a)
SECTION 1 SEWER RATES
Customer Classifications.
The Residential Customer Class shall consist of those Qustomers
which have no ore than two living units served by a single meter.
The Industrial Customer Class shall consist of those customers
whose sewage contains wastewater from a product manufactured, pro-
cessed or fabricated by the customer.
The Monitored Group Class shall consist of those customers determined
by the City Administrator to be producers of abnormal sewage.
The Commercial Customer Class shall consist of those customers which
have three or more living units served by a single water meter, or
which have one or more businesses served by a single water meter.
(b) Charges.
(1) A monthly service charge shall be charged to all customers in
the amount of $1.85.
(2) A monthly volume charge shall also be charged to all customers
in the amount of $0.308 per thousand gallons of water used, or
wastewater produced.
(3)
The monthly volume charges for Residential Class Customers will
be based on the individual customer's average monthly water use
during the preceding winter quarter months of December, January,
and February. The volumes used to compute these charges are based
on the amount of water used by the residential class customer as
measured by a meter. Where no preceding winter quarter average
is available from records, the Administrator shall estimate a
volume to be used for this monthly volume charge.
All customers connected to the sanitary sewerage system who
have a source of water -supply that is in addition, or in lieu
of, the City of Kennedale water supply the sewer charge shall
be based on an estimate of domestic usage by size of family
and sanitary facilities.
(c )
(4) A minimum charge per month shall be made for each connection
with the sewer mains. This charge shall be based on the size
of the water meter as follows:
Water Meter Monthly Service Charge
Size Inches Minimum
5/8 or 3/4 $ 2.10
1 2.50
1-1/2 3.10
2 3.80
3 5.50
4 8.00
The monthly charges to Commercial and Industrial Class Customers
will be based on total water use as measured by appropriate meters,
with the provision that if a customer can show, to the satisfac-
tion of the City Administrator, that a significant portion of the
metered water usage does not enter the sanitary sewers, the customer
will be charged for only that volume entering the sewers, as
determined by a method approved by the City Administrator.
Monitored Group Class.
The City Administrator shall establish a Monitored Group Class,
consisting of those customers whose wastewater strength is, in his
judgement, abnormally high or low, and charges to customers in this
class shall be computed in accord with the following five part rate
schedule:
Monitored Group
Customer Monthly Service Charge
Volume Charge
B.O.D. Strength Charge
Suspended Solids Strength Charge
Monitoring Charge
$1.85
.308 per 1,000
gallons
.0392 per pound
of B.O.D.
.139 per pound of
Suspended Solids
Actual cost by labor-
atory plus 10 %
(d)All multiple family dwelling units, including trailer parks, shall
be considered as a angle family residential unit and shall be
charged accordingly.
(e) An appendix is affixed to and is a portion of this ordinance and provides
definitions of words and phrases that are pertinant to this ordinance.
SECTION 2 WASTE PROHIBITED IN PUBLIC SEWERS
It shall be unlawful for any person to discharge or cause to be discharged
any polluted water or corrosive waste into any stormdrain or watercourse
within the city. No person shall discharge or cause to be discharged any
storm water, ground water, roof runoff, subsurface drainage, or drainage
from downspouts, yard drains, yard fountains and ponds, or lawn sprays
into any sanitary sewer, except as provided by other City ordinances.
Water from swimming pools, unpolluted industrial water, such as water
drains, blow -off pipes, or cooling water from various equipment shall not
be discharged into sanitary seine rs if a closed storm sewer is available.
If a closed storm sewer is not available, such water may be discharged
into the sanitary sewer by indirect connection whereby such discharge is
cooled, if required, andflows into the sanitary sewer at a rate not
in excess of five (5) gallons per minute, provided that the waste does
not contain materials or substances in suspension or solution in violation
of the limits prescribed.
(a) No person shall discharge or cause to be discharged into any public
sewer any of the following described substances, materials, water
or waste:
(1) Any liquid or vapor having a temperature higher that one hundred
fifty (150) degrees Fahrenheit and sixty-five (65) degrees Cent-
igrade.
(2) Any water or waste which contains wax, grease or oil, plastic
or other substance that will solidify or become discernibly
viscous at temperatures between thirty-two (32) degrees to one
hundred fifty (150) degrees Fahrenheit.
(3) Flammable or explosive liquid, solid or gas, such as gasoline,
kerosene, benzene, naptha, etc.
(4) Solid or viscous substances in quantities capable of causing
obstruction in the flow in sewers or other interference with
proper operation of the sewage works, 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, paint re-
sidues, or bulk solids.
(5) Any garbage that has not been properly comminuted or shredded.
If properly comminuted or shredded, then it may be acceptable if
properly pretreated.
(6) Any noxious or malodorous substances which can form a;as which,
either singly or by interaction with other wastes, is capable of
causing objectionable odors or hazards to life or form solids in
concentration exceeding limits established in this ordinance, or
creates any other condition deleterious to structures or treat-
ment process, or requires unusual provisions, attentions or ex-
pense to handle such material.
(b) No person shall discharge or cause to be discharged into any public
sewer any of the following in excess of the concentrations pre-
scribed herein:
(1) Free or emulsified oil and grease exceeding one hundred(100)
parts per million (eight hundred thirty-four (834) pounds per
million gallons) of either or both, or combinations of, free
or emulsified oil and grease.
(2) Acids or alkies which attack or corrode sewers or sewage dis-
posal structures or have a pH value lower than 5,5 or higher than
10.0,
(3) Salts of a heavy metal in solution or suspension in concentrations
exceeding the following:
Chromium as Cr - 5.0 milligrams per liter
Copper as Cu - 1.0 milligrams per liter
Zinc as Zn - 5.0 milligrams per liter
Nickel as Ni - 1.0 milligrams per liter
Cadmium - .02 milligrams per liter
Arsenic - .05 milligrams per liter
Barium - 1.0 milligrams per liter
Boron - 1.0 milligrams per liter
Lead - .1 milligrams per liter
Maganese - 1.0 milligrams per liter
Mercury - .005 milligrams per liter
Selenium - .02 milligrams per liter
Silver - .1 milligrams per liter
or elements which will damage collection facilities or are det-
rimental to treatment processes.
(4) Cyanide or cyanogen compunds in e:ess of 2.0 parts per million
by weight as CN.
(5) Any water or waste that contains more than ten (10) parts per
million of the following gases: Hydrogen sulfide, sulphur dioxide
or nitrous oxide.
(6) Radioactive materials in the absence of a specific permit issued
by the director for the discharge of such waste.
SECTION 3. PROCEDURES RELATING TO INDUSTRIAL WASTE.
(a) Permits.
From and after ninety (90) days after the effective date of this
ordinance, it shall be unlawful for any person to deposit or dis-
charge industrial waste into any sanitary sewer in the city with-
out having first obtained an industrial waste permit from the City
of Kennedale and having complied with all of the applicable pro-
visions hereof. Within ninety (90) days after the effective date
hereof, any person desiring to deposit or discharge , or who is
now depositing or discharging industrial waste into any sanitary
sewer in the city shall make application to the plumbing inspector
for a permit. Application forms will be furnished by the plumbing
inspector on request. The Plumbing inspector shall refer all such
applications to the City Administrator for his approval or dis-
approval. The City Administrator shall approve such applications
and grant an industrial waste permit only when the evidence sub-
mitted by the applicant demonstrates that the waste or wastewater to
be deposited by the applicant in the sanitary sewer will comply
with all the regulations of this Code.
(b) Structures Required.
Within one hundred eighty (180) days after the effective date
of this ordinance, any person discharging industrial waste into
a sanitary sewer in the city shall construct a suitable control man-
hole, downstream from any treatment or storage tanks or other app-
roved works utilized by such person for pretreatment, such control
manhole to be for the purpose of facilitating observations,
measurements and sampling of all waste created and discharged by
such person. The control manhole shall be constructed at a location
and in a manner approved by the director. The control manhole
shall be constructed and installed at the expense of the person
discharging the waste, and it shall be maintained at the expense of
such person at all times in a safe, acceptable and proper operating
condition.
(o')
Disconnection.
If any person, depositing or discharging industrial waste into the
sanitary sewer fails to secure an industrial waste permit within
the time prescribed herein or if any person allows or causes waste
of unacceptable quality under the requirements of this section of
the Code to be discharged into any sanitary sewer in the city, the
director is authorized, if such person is using city water, to dis-
connect such person's service line from the city water system and/or
the city sanitary sewer system and the same shall only be reconnected
at the owner's expense. If such person does not use city water, the
director is authorized to disconnect such person's service line from
the city's sanitary sewer system and the same shall only be re-
connected at the owner's expense. The director shall notify the
occupant or user of the premises where the waste is generated
twenty-four (24) hours before disconnecting the service line.
No sanitary sewer connection or water connection disconnected
hereunder shall be reconnected until the condition causing
the disconnection has been corrected.
(d) Inspection.
The inspectors, agents or representatives of the City of Kennedale
charged with the enforcement of this section of the Code shall
be deemed to be performing a governmental function for the bene-
fit of the general public and neither the City of Kennedale,
the director nor the individual inspector, agent or representative
shall ever be held liable for any loss or damage, whether real or
asserted, caused or alleged to have been caused as a result of
the performance of such governmental function. The owners or
occupants of premises where industrial waste is created or dis-
charged into the sanitary sewer shall allow the director, his
inspectors, agents or representatives free access at all reasonable
times to all parts of such premises for the purpose of inspection
or sampling or the performance of any of their duties hereunder,
and the failure or refusal of such owners or occupants to comply
with this provision shall be grounds for the disconnection of
water and/or sewer service.
(e) Measurement of flow.
The volume of flow used in computing abnormal sewage surcharges
shall be based upon metered water consumption as shown in the
records of meter readings maintained by the Fort Worth Water
Department. In the event that a person discharging waste into
the city's sanitary sewer system produces evidence to the
director demonstrating that a substantial portion of the total
amount of water used for all purposes does not reach the city's
sewer system, an estimated percentage of total water consumption
to be used in computing charges may be established by the
director.
Any person discharging industrial waste into the sanitary
sewers of the city who procures any part or all of his water
supply from sources other than the Kennedale Water Department,
all or part of which is discharged into the sanitary sewer,
shall install and maintain at his expense water meters of the type
approved by the director for the purpose of determining the
proper volume of flow to be used in computing sewer service
charges. Such meters shall be read monthly and tested for accu-
racy when deemed necessary by the director. Where it can be
shown to the satisfaction of the director that a substantial
portion of the water as measured by the aforesaid meter, or
meters, does not enter the sanitary sewer system of the city,
then the director may require or permit the installation of
additional meters at the owner's expense in such manner as to
measure the quantity of water actually entering the said
sanitary sewerage system from the lot, parcel of land, building
or premises of such owner or occupant, and the quantity of water
used to determine the sewer service charge may be the quantity of
water actually entering the sewerage system as so determined,
if the director so elects.
(f)
(g)
If the director finds that it is not practicable to measure
the quantity or quality of waste by the aforesaid meters
or monitoring devices, he shall determine the quantity or
quality of the waste in any manner or method he may find
practicable in order to arrive at the percentage of water
entering the sanitary sewerage system of the city and/or
the quality of the sewage to be used to determine the sewer
service charge.
Determining the character and concentration of waste.
The industrial waste discharged or deposited into the
sanitary sewers shall be subject to periodic inspection
and sampling as often as may be deemed necessary by the
director. Samples shall be collected in such manner as to
be representative of the character and concentration of
the waste under operational conditions. The laboratory
methods used in the examination of said waste shall be
those set forth in the Standard Methods. The deter-
mination of the character and concentration of industrial
waste shall be made by the director at such times and on such
schedules as may be established by the director. Should
an owner or occupant discharging industrial waste to the
sanitary sewers desire a determination of the quality of
such industrial waste be made at some time other than that
scheduled by the director, such special determination may
be made by the director at the expense of the owner or
occupant discharging the waste.
Pretreatment.
Owners or occupants, or any other person, generating waste
prohibited from discharge into public sewers by the fore-
going shall pretreat or otherwise dispose of such pro-
hibited waste so as to make the waste discharged to the
public sewer acceptable under the standards established in
this chapter.
(h) Plan,. specifications.
It shall be the responsibility of any person, owner or
occupant discharging waste into the sanitary sewerage system
of the city to furnish the director with drawings or plans
and specifications in such detail as he may require to
determine if the pretreatment structure planned by such
person, or in use by such person, is suitable for the
purpose intended. However, the approval of such plans
by the director will in no way relieve such person of
the responsibility for modifying the structure once con-
structed as necessary to produce an effluent acceptable
to the director under the terms of this section."
SECTION 4, PENALTY AND SAVING CLAUSE
(a) Any person, firm or corporation who shall violate any of the pro-
visions of this ordinance shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not
less that $50.00 and not to exceed $200.00.
(b) Each and every section, sentence, paragraph, phrase and provision
of this ordinance is declared to be a seperate and distinct part
hereof, which the Knnedale City Council would have enacted alone,
and the holding of any part of this ordinance invalid for any reason
shall not affect the validity of any portion hereof.
ADOPTED AND APPROVED this the 9 day of December
APPROyi
`Steve Radakovich, Mayor
1976 .
ATTEST:
Evelyn Templeton
City Secretary
(CITY SEAL)
APPENDIX
(1) DEFINITIONS. When used in the section, these terms
shall be defined as follows:
A Living Unit. A residential unit providing complete,
independent, living facilities for one family, in-
cluding permanent provisions for living, sleeping,
cooking, eating and sanitation.
Abnormal Sewage. Any sewage having a suspended solids
or B.O.D. content, that is significantly in excess of,
or below,that found in normal sewage, but is other-
wise acceptable into the City of Kennedale sanitary
sewerage system.
Normal Sewage. Sewage which when analyzed shows a
daily average of not more than 260mg/1 of suspended
solids and not more than 170 mg/1 of B.O.D. and is
otherwise acceptable into the Kennedale sanitary
sewerage system.
B.O.D. The quantity of oxygen utilized in the bio-
chemical oridation of organic matter under standard
laboratory procedure as specified in "Standard
Methods" in five days at twenty (20) degrees ,Centi-
grade expressed as party per million (milligram per
litre) .
Standard Methods. By the term "Standard Methods"
is meant "Standard Methods for the Examination of
Water and Wastewater " prepared and published jointly
by the American Public Health Association, American
Waterworks Association and the Water Pollution Control
Federation, 12th Edition, Second Printing, March, 1966.
Suspended Solids. By the term"suspended solids" is.
meant solids that either float on the surface of, or
in suspension in, water,sewage or other liquid and
which are removable by laboratory filtering.
Cooling Water. By the term "cooling water" is
meant the water discharged from any system of
condensation such as air conditioning, cooling or
refrigeration. Cooking water shall not be dis-
charged into any public storm drain or watercourse
unless it is unpolluted and below one hundred
fifty (150) degrees Fahrenheit.
Director. By the term "director" is meant the
superintendent of the Kenwedale Water Works
Department, or his authorized representative.
Garbage. By the term "garbage" is meant solid
waste from domestic or commercial preparation,
cooking or dispensing of food or from the hand-
ling, storage and sale of produce.
Industraa1 Waste. By the term "industrial waste"
is meant any and all liquid or waterborne waste
from industrial or commercial processes and does
not include domestic sewage.
Industrial Waste Permit. By the term "industrial
waste permit" is meant a permit to deposit or dis-
charge industrial waste into any sanitary sewer in
the city.
Owner or Occupant. By the term "owner or occu-
pant" is meant the person, firm or public or
private corporation, using the lot, parcel of
land, building or premises connected to and dis-
charging sewage, industrial wastewater or liquid,
into the sanitary sewage system of the city, and
who pays, or is legally responsible for the pay-
ment of, water rates or charges made against the
said lot, parcel of land, building or premises, if
connected to the water distribution system of the
City of Kennedale, or who would pay or be legally
responsible for such payment if so connected.
Person. By the term"person" is meant any indi-
vidual, business entity, partnership, corporation,
govermental agency or political subdivision.
PH. By the term "pal" is meant the logarithm of
the reciprocal of the weight of hydrogen ions, in
grams per litre of solution, measured and calcu-
lated in accordance with "Standard Methods".
Polluted Water or Waste. By the term "polluted
water or waste" is meant any water or liquid waste
containing any of the following: Phenols or other
substances to an efttent imparting taste and odor
in receiving water; toxic or poisonous substances
in suspension, colloidal state or solution; noxious
or ordorous gases; more than ten thousand (10,000)
parts per million, by weight, of dissolved solids,
of which more than twenty- five hundred (2500)
parts per million are chloride; more than ten(10)
parts per million each of -suspended solids and/or
B.O.D.;-color not exceeding fifty (50) parts per million,
n`having a ph value of less than 5.5 or more than
10.0; and/or any water or waste not approved for dis-
charged into a stream or waterway by the appropriate
state authority.
Public Sewer. By the term "public sewer" is meant
any publicly owned sanitary sewer, storm drain or
watercourse.
Properly Shredded Garbage. By the term "properly
shredded garbage" is meant garbage that has been
shredded to suchadegree that all particies will
be carried freely under the flow conditions nor-
mally prevailing in public sewers, with no parti-
cle greater than one-half (%) inch in any dimension.
Sanitary Sewer. By the term "sanitary sewer" is
meant a publicly owned pipe or conduit designed to
collect and transport industrial waste and domes-
tic sewage.
Sewage Treatment Plant. By the term "sewage
treatment plant" is meant a permit approved by and
received from the director permitting the dis-
charge or deposit of abnormal sewage into a
sanitary sewer.
Unpolluted Water or Waste. By the term "unpo.
'luted water nr waste" is meant any water or liquid
waste containing none of the following: Phenols
or other substances to an extent imparting taste
and odor in receiving water; toxic or poisonous
substances in suspension colloidal state or solu-
tion; noxious or odorous gases; not more than ten
thousand (10,000) parts per milliom, by weight, of
dissolved solids, of which not more than twenty-
five hundred (2500) parts per million are chloride;
not more than ten (10) parts per million each of
suspended solids and B.O. D.; color not exceeding
fifty (50) parts per million, nor a ph value of
less than 5.5 nor higher than 10.0; and/or any water
or waste approved for discharge into a stream or
waterway by the appropriate state authority.
Wastewater. By the term "wastewater" is meant is meant water
that` has been -used by &.d discharged from an industry, com-
mercial enterprise, household or other water consume',
which water may be .either polluted or unpolluted.
CERTIFICATE OF ADOPTION
I, Evelyn Templeton, City Secretary of the City of
Kennedale, Texas, hereby certify that the above and foregoing is a
true and correct copy of City of Kennedale Ordinance No. 76-10, duly
adopted at a regular meeting of the City Council of the City of
Kennedale, Texas, on the 9th day of December, 1976, as is reflected
by the minutes of said City Council and said meeting.
TO CERTIFY WHICH witness my hand and the official
seal of the City of Kennedale, Texas, this 9th day of December, 1976.
aLa,
Evelyn I. Templeton, City Secretary
of the City of Kennedale, Texas
(CITY SEAL)
ORDINANCE NO. 76-L1
WAS NOT IN FILE AT THE TIME OF
FILMING
NUMBER MAY HAVE BEEN SKIPPED
NO INFORMATION ON IT AT THIS TIME
TEXAS DEPARTMENT OF WATER RESOURCES
1700 N. Congress Avenue
Austin, Texas
TEXAS WATER DEVELOPMENT BOARD
A. L. Black, Chairman
''Robert B. Gilmore, Vice Chairman
Milton T. Potts
John H. Garrett
George W. McCleskey
Glen E. Roney
Charles E. Nemir
Executive Director, Acting
October 12, 1977
Mr. Tom Cullum, P. E.
Area Engineer
Environmental Protection Agency
First International Building
1201 Elm Street
Dallas, Texas 75270
Dear Mr. Cullum:
TEXAS WATER COMMISSION
Joe D. Carter,Chairman
Dorsey B. Hardeman
Joe R. Carroll
RE: Fort Worth, Texas
C-48-1017
(Kennedale, Texas)
Attached are two copies of the City of Kennedale's Ordinances
No. 77-5 and 76-10 which presents program requirements for
establishing regulation of sewer use, user charges and indus-
trial cost recovery for this member City's participation in the
subject regional treatment project. A copy of our certification
of the Ordinance is also enclosed.
Sincerely,
Construction Grants Section
DEM : k.d
Attachments
cc; City of Fort Worth
City of Kennedale /
District #4, WQB
P.O. Box 13087 Capitol Station • Austin, Texas 78711 • Area Code 512/475-3187